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HomeMy WebLinkAboutAgenda Packet City Council - 01/19/2016Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, January 19, 2016 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. 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 ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle. C. Pledge of Allegiance to the Flag of the United States to be led by Adria Schreiber -Garza, Business Manager, Office of Public Works Administration. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 16-0095 Proclamation declaring January 21, 2016, "YWCA Corpus Christi Tums Platinum - 70th Anniversary". Proclamation declaring January 1, 2016 to March 31, 2016, "It's Time Texas - Community Health Challenge". Swearing-in Ceremony for Newly Appointed Board, Commission, and Committee Members. Corpus Christi Page 1 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 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 choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. 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. OTHER H. MINUTES: 2. 16-0100 Regular Meeting of January 12, 2016 Attachments: Minutes - January 12, 2016 I. BOARD & COMMITTEE APPOINTMENTS: 3. 16-0096 Corpus Christi Aquifer Storage and Recovery Conservation District Human Relations Commission Leadership Committee for Senior Services Library Board Attachments: Corpus Christi Aquifer Storage and Recovery Conservation District Human Relations Commission Leadership Committee for Senior Services Library Board Corpus Christi Page 2 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 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 4 - 23) 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. 4. 16-0018 Lease Agreement for Clara Driscoll Field for a youth baseball program Motion to authorize the City Manager or designee to execute a Five-year Surface Lease Agreement with the Robert and Julia Driscoll and Robert Driscoll Jr. Foundation to lease 4.23 acres of land known as Clara Driscoll Field located at 4235 Baldwin Blvd. to be used for a youth baseball program. Attachments: Agenda Memo - Driscoll Foundation Agreement.docx Lease - Clara Driscoll Field Pol Ath League 5. 16-0016 Construction Contract for Corpus Christi International Airport (CCIA) Runway 18 Medium Approach Light System with Runway Alignment Indicator Lights (MALSR) Station numbers 12 and 14 for safety and site improvements Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $523,153 for the Corpus Christi International Airport (CCIA) Runway 18 Medium Approach Light System with Runway Alignment Indicator Lights (MALSR) Stations 12 & 14 Access Safety & Site Improvements for the Base Bid, with 90% of the contract funded by Federal Aviation Administration (FAA) grant. Attachments: Agenda Memo - CCIA Runway 18 MALSR Station 12 & 14 Safety Enhancemen Project Budget - CCIA Runway 18 MALSR Station 12 & 14 Safety Enhancemer Vicinity Map - CCIA MALSR Runway 18 MALSR Station 12 and 14 Safety Enha Location Map - CCIA MALSR Runway 18 MALSR Station 12 and 14 Safety Enh Presentation - CCIA Runway 18 MALSR Station 12 & 14 Safety Enhancements Corpus Christi Page 3 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 6. 16-0031 Testing Agreement Amendment No. 1 to prepare the annual groundwater monitoring report required by the Texas Commission on Environmental Quality (TCEQ) at Cefe Valenzuela Municipal Landfill for FY 2015-2016 Motion authorizing the City Manager, or designee, to extend the timeframe of the agreement by executing Amendment No. 1 to a testing agreement with Tolunay-Wong Engineers of Corpus Christi, Texas in the amount of $100,400.00 for a restated fee not to exceed $125,300 for the Groundwater Monitoring at Cefe Valenzuela Municipal Landfill for the fiscal year 2015-2016. Attachments: Agenda Memo - Groundwater Monitoring at Cefe Project Budget - Groundwater Monitoring at Cefe with formulas Location Map - Groundwater Monitoring at Cefe Valenzuela Landfill Presentation - Groundwater Monitoring at Cefe Valenzuela Landfill Amendment No 1 - Groundwater Monitoring at Cefe 7. 16-0032 Testing Agreement Amendment No. 1 to prepare the annual groundwater monitoring report required by the Texas Commission on Environmental Quality (TCEQ) at J.C. Elliott Municipal Landfill for fiscal year 2015-2016 Motion authorizing the City Manager, or designee, to extend the timeframe of an agreement by executing Amendment No. 1 to a testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of $94,810.00 for a restated fee of $117,900.00 for the Groundwater Monitoring at the J.C. Elliott Municipal Landfill for fiscal year 2015-2016. Attachments: Agenda Memo - Groundwater Monitoring at Elliott Project Budget - Groundwater Monitoring at Elliott with formulas Location Map - Groundwater Monitoring at J C Elliott Presentation - Groundwater Monitoring at JC Elliott Landfill Amendment No 1 - Groundwater Monitoring at JC Elliott 8. 15-1408 Renewal of a Construction Contract and a Professional Services Contract for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2015-2016 with administrative renewal for Year Two Services Motion authorizing the City Manager or designee to execute Year One Renewals of a construction contract with RCM Constructors, Inc. of Corpus Christi, Texas in the amount of $657,391 and a professional services contract with Engineering & Construction Management Services, LLC of Corpus Christi, Texas in the amount of $84,480 for the Wastewater Service Line Repair and Clean-out Installation and Manhole Corpus Christi Page 4 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 Ring and Cover Adjustment Program FY 2015-2016; authorizing administrative renewals for Year Two Services in accordance with contract terms. Attachments: Agenda Memo - WW Srvc Line Repair Project Budget - WW Srvc Line Repair Location Map - WW Srvc Line Repair.pdf Presentation - WW Srvc Line Repair.pptx Contract - WW Srvc Line Repair 9. 16-0034 Professional Services Contract Amendment No. 1 for Wastewater Permit Assistance Project Motion authorizing the City Manager, or designee, to continue permitting and regulatory assistance by executing Amendment No. 1 with Alan Plummer Associates, Inc. of Austin, Texas in the amount of $178,000 for a total restated fee not to exceed $207,000 for Wastewater Permit Assistance for the base year with four one-year renewal options; authorizing administrative renewal for future years in accordance with contract terms. Attachments: Agenda Memo - WW Permit Assistance Project Budget - WW Permit Assistance.xls Location Map - WW Permit Assistance.pdf Contract - WW Permit Assistance.pdf Presentation - WW Permit Assistance.pptx 10. 16-0033 Professional Services Contract for Corpus Christi Water Supply Model Updates as required by the Texas Commission on Environmental Quality (TCEQ) Motion authorizing the City Manager or designee to execute a professional services contract with HDR Engineering, Inc. of Austin, Texas in the amount of $100,000 for the Corpus Christi Water Supply Model Updates. Attachments: Agenda Memo - Water Supply Model.docx Project Budget - Water Supply Model.xls Location Map - Water Supply Model.pdf Contract - Water Supply Model Updates.pdf Presentation - Water Supply Model.pptx 11. 15-1347 Second Reading Ordinance - Rezoning property located at 6425 King Trail (3/4 Vote Required)(1st Reading 12/8/15) Case No. 1015-02 Edward Gonzalez: A change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Map from estate Corpus Christi Page 5 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 residential uses to low density residential uses. The property is described as Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court. Planning Commission and Staff Recommendation (November 4, 2015): Approval of the change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Edward Gonzalez ("Owner"), by changing the UDC Zoning Map in reference to Lot 21, Block 2, The Coves at Lago Vista Unit 3, from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Edward Gonzalez Ordinance - Edward Gonzalez Zoning Report - Edward Gonzalez Presentation - Edward Gonzalez 12. 16-0022 Second Reading Ordinance - Rezoning property located at 6201 and 6301 McArdle Road (1st Reading 1/12/16) Case No. 1115-01 Charlie Thomas' Courtesy Ford, Inc.: A change of zoning from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "CN -1" Neighborhood District (Tract 1) and "CG -2" General Commercial District (Tract 2), resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The property is described as a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, located along the south side of McArdle Road between Prince Drive and Clare Drive. Planning Commission and Staff Recommendation (December 2, 2015): Tract 1 - Denial of the change to "CN -1" Neighborhood Commercial District and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for vehicle parking associated with automobile sales and service, subject to a site plan and specific conditions. Tract 2 - Approval of the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Charlie Thomas' Courtesy Ford, Inc. on behalf of Patrick Corpus Christi Page 6 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 and Amy Nolan ("Owners"), by changing the UDC Zoning Map in reference to a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "RM-1/SP" Multifamily 1 District with a Special Permit (Tract 1) and to the "CG -2" General Commercial District (Tract 2); amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 1115-01 Charlie Thomas' Courtesy Ford revised Ordinance (PC) - CG -2 and Special Permit - 1115-01 Charlie Thomas' Courtesy Ordinance - CG -2 and CN -1 - 1115-01 Charlie Thomas' Courtesy Ford Zoning Report - 1115-01 Charlie Thomas' Courtesy Ford, Inc. Aerial Map - 1115-01 Charlie Thomas' Courtesy Ford 13. 16-0023 Second Reading Ordinance - Rezoning property located at 6122 Kostoryz Road (1st Reading 1/12/16) Case No. 1215-01 Venamex, LLC: A change of zoning from the "ON" Office District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property is described as Lot 1, Block 1, Bridges Mill Village Unit 1, located on the northeast corner of Kostoryz Road and Masterson Drive. Planning Commission and Staff Recommendation (December 2, 2015): Approval of a change from the "ON" Office District to the "CN -1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Venamex, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 1, Block 1, Bridges Mill Village Unit 1, from the "ON" Office District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 1215-01 Venamex, LLC Ordinance - 1215-01 Venamex, LLC Aerial Map - 1215-01 Venamex, LLC revised Zoning Report - 1215-01 Venamex LLC 14. 16-0026 Second Reading Ordinance - Rezoning property located at 1010 Laredo Street (1st Reading 1/12/16) Case No. 1215-02 LWW Enterprises, LLC: A change of zoning from the Corpus Christi Page 7 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The property is described as Lot 14, Block 13, Central Wharf and Warehouse Company's Subdivision (commonly described as South Bluff), located on the north side of Laredo Street between South Staples Street and King Street. Planning Commission and Staff Recommendation (December 16, 2015): Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by LWW Enterprises, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 14, Block 13, Central Wharf and Warehouse Company's Subdivision (commonly described as South Bluff), from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 1215-02 LWW Enterpries, LLC.docx Ordinance - 1215-02 LWW Enterprises, LLC.pdf Aerial Map - 1215-02 LWW Enterpries, LLC Zoning Report - 1215-02 LWW Enterprises, LLC.pdf 15. 16-0027 Second Reading Ordinance - Rezoning property located at 1642 Clare Drive (3/4 vote required) (1st Reading 1/12/16) Case No. 1215-03 Roque Enriquez: A change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Map from low density residential to medium density residential uses. The property is described as being a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. Staff Recommendation: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District and, in lieu thereof, approval of a change to the "RS-TH" Townhouse District. Planning Commission Recommendation (December 16, 2015): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District and denial of the staff recommendation of "RS-TH" Townhouse District. Ordinance (Staff Recommendation): Corpus Christi Page 8 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 Ordinance amending the Unified Development Code ("UDC"), upon application by Roque Enriquez ("Owner"), by changing the UDC Zoning Map in reference to a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, from the "RS -6" Single -Family 6 District to the "RS-TH" Townhouse District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 1215-03 Roque Enriquez Ordinance (Staff) - RS-TH 1215-03 Roque Enriquez Ordinance - RM -1 1215-03 Roque Enriquez Presentation - Aerial Map - 1215-03 Roque Enriquez Zoning Report - 1215-03 Roque Enriquez 16. 16-0028 Second Reading Ordinance - Rezoning property located at 5825 Up River Road (1st Reading 1/12/16) Case No. 1215-04 John Dunn Walsh: A change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial uses to estate residential uses. The property is described as being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1, in an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. Planning Commission and Staff Recommendation (December 16, 2015): Approval of the change of zoning from the "IH" Heavy Industrial District to "RE" Residential Estates District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by John Dunn Walsh ("Owner"), by changing the UDC Zoning Map in reference to a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1, in an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract Corpus Christi Page 9 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, from the "IH" Heavy Industrial District to the "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 1215-04 John Dunn Walsh Ordinance - 1215-04 John Dunn Walsh Aerial Map - 1215-04 John Dunn Walsh Zoning Report - 1215-04 John Dunn Walsh final 17. 15-1430 Second Reading Ordinance - Accepting and appropriating grant funds for the Latchkey Afterschool Snack Program (1st Reading 1/12/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $153,645 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey Afterschool Snack Program. Attachments: Agenda Memo - Afterschool Snack Program Grant FY2015-2016 Ordinance - Afterschool Snack Program Grant FY2015-2016 Afterschool Snack Program - Texas Dept. of Agriculture Grant Approval Status Afterschool Snack Program - Interlocal Agreement CCISD 2013 to 2018 18. 15-1433 Second Reading Ordinance - Accepting and appropriating grant funds; transferring matching funds for the Retired Senior Volunteer Program (RSVP) (1st Reading 1/12/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 State grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $21,671 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer Program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant fund. Attachments: Agenda Memo - RSVP Grant Funding and General Fund Match FY16 Ordinance - RSVP Grant Funding and General Fund Match FY16 RSVP Notice of Grant Funding FY2015-2016 19. 16-0020 Second Reading Ordinance - Accepting and appropriating State grant funds; transferring and appropriating matching funds for the Senior Companion Program (1st Reading 1/12/16) Corpus Christi Page 10 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $5,756 State grant awarded by the Corporation for National and Community Service for the Senior Companion Program; appropriating the $5,756 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grants fund. Attachments: Agenda Memo - SCP Grant Funding and General Fund Match FY16 Ordinance - SCP Grant Funding and General Fund Match FY16 State Award Letter FY15-16 20. 16-0019 Second Reading Ordinance - Lease Agreement Renewal with Gulf Coast Gem and Mineral Society (1st Reading 1/12/16) Ordinance authorizing the City Manager, or designee, to execute three-year lease agreement with Gulf Coast Gem and Mineral Society for the use of City property at 3933 Timon. Attachments: Agenda Memo - Gulf Coast Gem & Mineral Lease.docx Ordinance - Gulf Coast Gem and Mineral Society Lease2015 Lease - Gulf Coast Gem and Mineral Society2015Final 21. 16-0017 Second Reading Ordinance - Closing a utility easement located south of Park Road 22 and north of Whitecap Boulevard (1st Reading 1/12/16) Ordinance abandoning and vacating a 1,687.50 -square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 39A, Block 72, Padre Island -Corpus Christi Subdivision, located south of Park Road 22 and north of Whitecap Boulevard; and requiring the owner, Valtex Investments, LLC to comply with the specified conditions. Attachments: Agenda Memo - Easement Closure, Padrelsl, Blk 72, Lot 39A Ordinance - Easement Closure, Padrelsl Blk 72, Lot 39A Map - Easement Closure, Padrelsl, Blk 72, Lot 39A 22. 16-0030 Second Reading Ordinance - Approving Agreement and appropriating funds to reimburse developer for the construction of a water arterial transmission and grid main line located along the south side of Agnes Street (State Highway 44), east of North Clarkwood Road and north of Buckholt Road (1st Reading 1/12/16) Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement Corpus Christi Page 11 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 agreement ("Agreement") with JCL Properties, ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $40,766.50 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo - Lewis & Cook Addition, Block 1, Lot 1 Ordinance - Lewis & Cook Addition, Block 1, Lot 1 Presentation - Lewis & Cook Addition, Block 1, Lot 1 23. 16-0015 Second Reading Ordinance - Appropriating funds for an Engineering Design Contract for McGee Beach Breakwater Improvements (1st Reading 1/12/16) Ordinance amending the FY 2016 Capital Improvement Progam budget adopted by Ordinance No. 030621 to add project No. E15219 McGee Beach Breakwater Improvements; increasing revenues and expenditures in the amount of $21,900; and authorizing the City Manager, or designee, to execute a professional services contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $19,900 to provide an updated concept assessment and opinion of probable construction cost for breakwater improvements at McGee Beach as recommended by the Corpus Christi Business and Job Development Corporation (Type A Board). Attachments: Agenda Memo - McGee Beach Breakwater Ordinance - McGee Beach Breakwater Project Budget - McGee Beach Breakwater.xlsx Location Map Contract - McGee Beach Breakwater.pdf Presentation - McGee Beach Breakwater.pptx L. EXECUTIVE SESSION: (ITEMS 24 - 29) 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. 24. 16-0060 Executive session pursuant to Texas Government Code § 551.074 (personnel matters) to deliberate employment issues concerning the City Manager. Corpus Christi Page 12 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 25. 16-0098 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association. 26. 16-0025 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 27. 16-0039 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning state law and City Charter provisions related to the appointment of members of City Council and pursuant to Texas Government Code § 551.074 to discuss the appointment of a public officer, including, but not limited to, a member of the City Council. 28. 16-0065 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 agreement(s) involving entities involved in logistics, chemicals and/or manufacturing 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 matter(s) or entities with 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. 29. 16-0106 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 the Equal Rights Amendment of the Texas Constitution, the First Amendment to the U.S. Constitution, and potential restrictions on public display of selected classes of persons. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 30 - 31) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 30. 16-0064 Second Reading Ordinance - Amending City Code to prohibit solicitation in specific areas of the City (1st Reading 1/12/16) Ordinance amending Article II Unlawful Solicitation of the Corpus Christi Code of Ordinance to prohibit solicitation in the Central Business Corpus Christi Page 13 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 District, North Beach and on private property without permission; prohibiting solicitation within 25 feet of an ATM, bank, public transportation stop or outdoor dining area; Providing for severance, publication, penalty; and an effective date. Attachments: Agenda memo - panhandling Jan 12 2016 - updated 1-14-16 for 2nd reading Ordinance - Panhandling -- Final Ordinance - Panhandling - Floor amendment 1-12-16 NBCA petittion re Panhandling Ordinance Homeless Solutions Vison and Strategies - Final Adopted Aug 18 2015 Aerial Map of Area Location Map of Area 31. 15-1287 Resolution for the acquisition of real property rights by eminent domain for the Island Gate Plaza Center Alternative Access Project Resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of a Right -of -Way and Temporary Construction Easement known as Parcel 3 for a street improvement project known as the Island Gate Plaza Center Alternative Access Project, Bond 2004; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the easement interests in the property owned by Kimco Corpus Christi L.P.; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation the parcel of land described herein by a single record vote of the City Council. Attachments: Agenda Memo - Island Gate Plaza Resolution - Island Gate Plaza Council Exhibit - Island Gate Plaza Presentation - Island Gate Plaza O. FIRST READING ORDINANCES: (ITEM 32) 32. 16-0052 First Reading Ordinance - Lease Agreement for the 2016 Fiesta de la Flor event Ordinance authorizing the City Manager or designee to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau ("CCCVB") for 2016 Fiesta de la Flor event and related activities to be held on May 6, 2016 and May 7, 2016, and allow use of City property Corpus Christi Page 14 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street. Attachments: Agenda Memo - Fiesta de la Flor 2016 Ordinance - Fiesta de la Flor 2016 Lease - Fiesta de la Flor 2016 P. FUTURE AGENDA ITEMS: (ITEMS 33 - 43) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 33. 16-0062 Resolution authorizing the submission of the grant application for the FY2017 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department Resolution authorizing the City Manager or designee to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of $120,482.80 for the 2017 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Speed, Distracted Driving, and Driving While Intoxicated (DWI) overtime enforcement, with a city match of $42,158.03, for a total project cost of $162,640.83, and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant. Attachments: Agenda Memo - STEP application 01.19.2016 Resolution - STEP Grant Submit 2016 - Police 34. 15-1416 Approving the purchase of custom-made consoles and components for police vehicles for the Police Department Resolution authorizing the City Manager, or designee, to purchase custom-made consoles and components for police vehicles from Plastix Plus, LLC, of Houston, Texas, for a total cost of $57,930.56. Funding is available in the Fleet Maintenance Services Funds FY 2015-2016. Attachments: Agenda Memo - Police Department Console.docx Price Sheet - Police Department Console.xlsx Resolution - Sole Source Plastix Plus vFinal 20160104 35. 16-0048 Approving the Purchase of Emergency Equipment for Patrol Vehicles for the Police Department Motion approving the purchase of emergency equipment for patrol vehicles from Cap Fleet Upfitters, Temple, Texas for a total amount of $186,126.59. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative. Funding is available in the Fleet Maintenance Services Fund FY 2015-2016. Corpus Christi Page 15 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 Attachments: Agenda Memo - Emergency Equipment for Patrol Cars.docx Price Sheet - Emergency Equipment for Patrol Cars.xlsx 36. 16-0040 Approving the lease -purchase of one rescue pumper for the Fire Department Motion approving the lease -purchase of one rescue pumper from Siddons-Martin Emergency Group, Houston, Texas for a total $669,253.20. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. Financing for the lease -purchase will be provided through the City's lease -purchase financing contractor. $22,308.44 for two months of payments will be encumbered through the end of FY 2015-2016. The remaining $646,994.76 for the fifty eight months of payments will be requested in future years during the normal budget process. Attachments: Agenda Memo - Lease -Purchase of Rescue Pumper Price Sheet - Lease -Purchase of Rescue Pumper 37. 16-0103 Resolution authorizing a grant application for the Community Outdoor Outreach Program (CO-OP) Resolution authorizing the City Manager or designee to apply for a Texas Parks & Wildlife Community Outdoor Outreach Program (CO-OP) for Observing Science Outdoors (OSO) Summer Youth Program in the amount of $34,899. Attachments: Agenda Memo - TPWD Co-op Oso Bay Resolution - TPWD Co-op Oso Bay Grant Application - COOP PreApplication Budget - TPWD Co-op budget 38. 16-0099 Approving a service agreement for inspection, cleaning and repair of bunker gear for the Fire Department Motion approving a service agreement with Gear Cleaning Solutions, Dallas, Texas for inspection, cleaning and repair of bunker gear, in accordance with Bid Event No. 76, based on an only bid for an amount up to $127,676.00. The term of the service agreement will be for twelve (12) months with an option to extend for up to two (2) additional twelve (12) month periods, subject to the approval of the Contractor and the City Manager or designee. Funds are available in FY 2015-2016. Attachments: Agenda Memo - Inspection Cleaning and Repair of Bunker Gear.docx Bid Tabulation - Inspection Cleaning and Repair of Bunker Gear.xlsx Service Agreement - Inspection Cleaning and Repair of Bunker Gear 39. 16-0037 Approving the purchase of 11 (eleven) pickup trucks and the lease -purchase of 7 (seven) pickup trucks for use in various Corpus Christi Page 16 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 departments Motion approving the purchase of eleven pickup trucks and the lease -purchase of seven pickup trucks from Caldwell Country Ford -Chevrolet, Caldwell, Texas for a total amount of $642,896.04. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds in the amount of $355,778.44 have been budgeted by the using departments in FY 2015-2016. The remaining $287,117.60 for the fifty-six months of lease -purchase payments will be requested in future years during the normal budget process. Attachments: Agenda Memo - Purchase of Pickup Trucks Price Sheet - Purchase of Pickup Trucks 40. 16-0035 Approving the lease -purchase of two trucks for the Street Department Motion approving the lease -purchase of two Ford F-350 super duty trucks from Grande Truck Center, Houston, Texas for a total amount of $188,055.60. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). $12,537.04 is four months of payments that will be encumbered through the end of FY 2015-2016. The remaining $175,518.56 for the fifty-six months of payments will be requested in future years during the normal budget process. Attachments: Agenda Memo - Lease -Purchase of Two Ford F-350 Super Duty Trucks Price Sheet - Lease -Purchase of Two Ford F-350 Super Duty Trucks 41. 16-0036 Resolution for installation of television studio technology equipment Resolution authorizing the City Manager, or designee, to execute all documents necessary with Media Rushworks, LLC, doing business as RUSHWORKS, for the purchase and installation of television studio equipment for a total of $164,399.20. Funding is available in the Public, Education & Government Fund (PDG) FY 2015-2016. Attachments: Agenda Memo - Studio Technology Equipment Resolution - Studio Technology Equipment Price Sheet - Studio Technology Equipment 42. 16-0102 Resolution approving the submission of two grant applications for the Transportation Alternatives Program (TAP) Grant for Fiscal Year 2017 Resolution approving the submission of two grant applications with the Corpus Christi Metropolitan Planning Organization for the Fiscal Year Corpus Christi Page 17 Printed on 1/18/2016 City Council Meeting Agenda - Final January 19, 2016 2017 Transportation Alternatives Program (TAP) Grant for wayfinding signage along the City's Hike and Bike Trails and a High-intensity Activated Cross Walk (HAWK) signal for Cole Park to be located near Ocean Drive and Del Mar Boulevard. Attachments: Agenda Memo - TAP grant Resolution - TAP Grant FY2017 Location Map - TAP Grant FY 2017 HAWK Signal Del Mar and Ocean Location Map - TAP Grant FY2017 Project Locations Presentation - TAP Grant FY2017 HAWK function (2) 43. 16-0083 Resolution directing staff to redesign the Bond 2012 Tuloso Road Project Resolution directing staff to redesign the Bond 2012 Tuloso Road Project due to changes in cost and other factors. Attachments: Agenda Memo - Tuloso Road Bond 2012 Resolution - Tuloso Road Bond 2012 Location Map - Tuloso Road Bond 2012 Q. BRIEFINGS: (ITEMS 44 - 45) 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. 44. 16-0014 Update on Bond 2012 Street Improvement Projects Attachments: Agenda Memo - Bond 2012 Update (01-19-16).docx Presentation - Bond 2012 Update (01-19-16) 45. 16-0029 Overview of the National Flood Insurance Program, administered by FEMA, and basics of a Flood Insurance Rate Map Attachments: Agenda Memo - Floodplain Management 101 Presentation - Floodplain Management 101 R. ADJOURNMENT Corpus Christi Page 18 Printed on 1/18/2016 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, January 12, 2016 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. B. Invocation to be given by Reverend Gloria Lear, First United Methodist Church. Reverend Gloria Lear gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Andy Leal, Jr., Assistant Director of Street Maintenance, Street Department. Assistant Director of Street Maintenance Andy Leal, Jr. 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 the required Charter Officers were present to conduct the meeting. 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 January 15, 2016, "Dr. Hector P. Garcia's 102nd Birthday Celebration". Proclamation declaring January 18, 2016, "Martin Luther King Holiday Celebration and Commemorative March". Mayor Martinez presented the proclamations. Corpus Christi Page 1 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 After the proclamations, City Attorney Miles K. Risley recited the Rules of Decorum for the City Council meeting. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. City Manager Ron Olson reported on the following topics: a. OTHER 1) The next Christmas Tree Recycling Event will take place Saturday, January 16, 2016 at the following locations: Walmart at Saratoga and in Flour Bluff; Flour Bluff High School parking lot; and the Padre Island Property Owners Association. Residents can also set -out christmas trees during their regular brush collection days. 2) City Manager Olson recognized Assistant City Manager Susan Thorpe for her service, dedication, and contribution to the City of Corpus Christi and presented her with a Certificate of Appreciation. H. MINUTES: 2. Regular Meeting of December 15, 2015. Mayor Martinez referred to approval of the minutes. Council Member Magill made a motion to approve the minutes, seconded by Council Member Garza and passed unanimously. I. BOARD & COMMITTEE APPOINTMENTS: 3. Airport Board Mayor Martinez referred to board and committee appointments. The following appointment was made: Airport Board Council Member McIntyre made a motion to appoint Luis F. Buentello, seconded by Council Member Magill and passed unanimously. J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 14) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the public. Council members requested that Items 5 and 12 be pulled for individual consideration. A motion was made by Council Member McIntyre, seconded by Council Member Magill, to approve the remaining Consent Agenda items. The consent agenda items were approved by one vote as follows: Corpus Christi Page 2 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 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 4. Construction Contract for City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ) Motion authorizing the City Manager or designee to execute a construction contract with PM Construction & Rehab, LLC of Pasadena, Texas in the amount of $3,750,000 for the City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity for the total Base Bid with the option to extend the contract up to four (4) possible one-year renewals. This Motion was passed on the Consent Agenda. Enactment No: M2016-001 6. Engineering Design Contract Amendment No.1 for Rodd Field Road Expansion (BOND 2014, Proposition 2) Motion authorizing the City Manager, or designee, to proceed with design phase work by executing Amendment No. 1 to a contract for professional services with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $1,128,307.78 for a restated fee of $1,178,207.78 for the Rodd Field Road Expansion from Saratoga Boulevard to Yorktown Boulevard. (Bond 2014, Proposition 2) This Motion was passed on the Consent Agenda. Enactment No: M2016-003 7. Resolution authorizing the City Manager or designee to proceed with the design and construction of Fire Station 18 Resolution authorizing the City Manager or designee to proceed with the design and construction of Fire Station 18 in the area of Holly/Saratoga and Ayers. This Resolution was passed on the Consent Agenda. Enactment No: 030724 8. Second Reading Ordinance - License Agreement for Youth Sports League at LyondellBasell Park (1st Reading 12/15/15) Ordinance authorizing the City Manager, or designee, to execute a Corpus Christi Page 3 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 License Agreement with Nueces County for South Texas Elite Youth Football League use of LyondellBasell Park on Haven Drive for youth football program with option to extend for two additional years. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030725 9. Second Reading Ordinance - Accepting and appropriating grant funds for Elderly Nutrition Program (ENP) (1st Reading 12/15/15) 10. 11. Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $48,225 grant funding from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY2015 Senior Community Services, Elderly Nutrition Program. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030726 Second Reading Ordinance - Accepting and appropriating grant funds for the Elderly Nutrition Program (ENP) (1st Reading 12/15/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $635,079 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY2016 Senior Community Services, Elderly Nutrition Program. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030727 Second Reading Ordinance - Accepting and appropriating reimbursement grant funds for Title XX Meals on Wheels Program (1st Reading 12/15/15) Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a $229,140 reimbursement grant awarded by the Texas Department of Aging and Disability Services, Title XX Meals on Wheels Program and appropriating it in the No. 1067 Parks and Recreation Grants Fund for the FY 2016 Senior Community Services, Title XX Meals on Wheels Program. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030728 13. Second Reading Ordinance - Construction Contract and Corpus Christi Page 4 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 14. 12. Professional Service Agreement Amendment No. 1 for Traffic Signal and Street Lighting Improvements Indefinite Delivery/Indefinite Quantity (IDIQ) (1st Reading 12/15/15) Ordinance appropriating $400,725.04 from the Unreserved Fund Balance in No. 1041 Street Fund for the Traffic Signal and Street Lighting Improvements IDIQ project; changing the FY 2015-2016 Operating Budget adopted by Ordinance No. 030620 by increasing expenditures by $400,725.04; authorizing the City Manager, or Designee, to execute a construction contract with Siemens Industry, Inc. of Austin, Texas in the amount of $721,485.80 for the initial year with the option of four one-year extensions that may be administratively approved; and authorizing the City Manager to proceed with the design of IDIQ delivery orders for the base year by executing Amendment No. 1 to a Professional Service Agreement with Maldonado -Burkett Intelligent Transportation Systems, LLP in the amount of $32,211.73 for a restated fee of $71,725.04 for the Traffic Signal and Street Lighting Improvements IDIQ project. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030730 Second Reading Ordinance - Construction Contract and Construction Materials Testing Agreement for Ocean Drive from Buford Street to Louisiana Avenue (BOND 2012) (1st Reading 12/15/15) Ordinance amending the FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 by transferring $3,500,000 to the Ocean Drive from Buford to Louisiana Avenue project; increasing expenditures in the amount of $3,500,000; and authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $11,012,338.66 for the total base bid and to execute an agreement for construction material testing in the amount of $68,292.00 with Rock Engineering Testing Laboratory, Inc. for the Ocean Drive from Buford Street to Louisiana Avenue BOND 2012 street project. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030731 Second Reading Ordinance - Accepting and appropriating developer fees and interest earnings into the Community Enrichment fund for park improvements (1st Reading 12/15/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $872,005.99 in Corpus Christi Page 5 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 developer contributions and interest earnings in the 4720 Community Enrichment Fund for park improvements and other related projects. Mayor Martinez referred to Item 12. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to utilize the Community Enrichment Fund the develop and enhance the park system. Council members spoke regarding the following topics:This Ordinance was passed on second reading and approved with the following vote: the process to respond to residents that request funding for specific projects; the repairs for St. Denis Park; and requesting that staff provide the information requested by a resident. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rubio. This ordinance was passed on second 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 Enactment No: 030729 5. Professional Services Contract Extension for Mary Rhodes Pipeline Phase 2 Motion authorizing the City Manager or designee to extend construction management services by executing Amendment No. 14 to the professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $513,767 for a total restated fee not to exceed $15,949,042 for Mary Rhodes Pipeline Phase 2. Mayor Martinez referred to Item 5. In response to a council member, Director of Engineering Services Jeff Edmonds stated the purpose of the amendment is to extend the oversite services from Freese and Nichols, to take the project to the completion date. Mr. Edmonds said the contractor is behind schedule on the project and the reasons will be provided at the end of the contract. Mr. Edmonds stated that the City fully expects to recover the amount of this amendment from liquidated damage penalties. Council Member Rubio made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed 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: M2016-002 Corpus Christi Page 6 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 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 deviated from the agenda and referred to comments from the public. Greg Smith, 1746 Glenoak, provided an update on the Island Strategic Action Committee's January meeting: public comment on the new beach crews; and the election of new officers, Chair Libby Edwards and Vice -Chair William Goldston. Carolyn Moon, 4902 Calvin, spoke regarding the following topics: a request for the City Council to consider replacing the upcoming council member vacancy with a representative of the Hillcrest area and opposition to the new security system and parking at City Hall. Jack Gordy, 4118 Bray, spoke regarding the palm trees located on the sidewalk on Airline Road. Barbara Gennaway, 7022 Mona Lisa, and Stacy Palacios, 7313 Candy Ridge, addressed the needs to improve animal welfare in the City and requested consideration for additional funding for Animal Care Services. Brian Franklin, 3034 Cedar Springs Road, spoke regarding safety issues with the off -ramp on Rodd Field Road and the need for a yield sign. Colin Sykes, 309 Aberdeen, requested that the City Council support a resolution to change the decision by the U.S. Supreme Court on Citizens United. Gloria Randall Scott, 4422 S. Alameda, requested that the City Council consider racially diversifying the composition of the Council when making the appointment to the upcoming council member vacancy and provided the recommendation of Guy Nicholson. Sir Fredrick von USA King 7th, 1142 Arlington Drive, thanked City Manager Olson for cleaning improvements at City Hall and requested that an Asian American be considered to fill the future vacancy on the City Council. Susie Luna Saldana, 4710 Hake!, thanked City Manager Olson for his selection of Mike Markle as Police Chief. Jewel Wilson, 6102 Allencrest Circle, thanked City Manager Olson for his selection of Mike Markle as Police Chief and asked the City Council to consider selecting a member of the black community to the upcoming vacancy in the office of council member. Abel Alonzo, 1701 Thames, thanked City Manager Olson for his selection of Mike Markle as Police Chief. Mr. Alonzo also thanked Assistant City Manager Susan Thorpe for her work during her time with the City and Council Member Riojas for her service to the community. Dan Stiefel, 6773 Wood Iron; Larry Bray, 1825 Airline Road; Mark Tandy, 1330 Peterson; and Julie Tandy, 1330 Peterson, spoke regarding the impacts being made to taxi cab companies and independent drivers caused by transportation network companies, Uber and Lyft, operating illegally in the City. Coretta Graham, 5617 Bonner, spoke regarding the following topics: Item 36 regarding prohibiting solication and transportation network companies. Ms. Graham stated that the amendment to the ordinance will not address the homelessness issue and encouraged the City to address the homelessness issue as a community. Ms. Graham also recommended looking at other cities that have Uber operating in their community. The following individuals spoke in support of Item 36, amending the City Code to prohibit solicitation in specific areas of the City: Bob Catalano, 209 Surfside; Barbara Welder, 202 Reef Avenue; Terry Sweeney, Executive Director of the Downtown Management District, 223 N. Chaparral Street; Carrie Robertson Meyer,4401 Gulfbreeze Boulevard; Jennifer Ramos, resident of North Beach; Barbara Cowling, 202 Reef; Darlene Gregory, 3237 Bimini; David Cowling, 4522 Corpus Christi Page 7 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 Gulfbreeze Boulevard; Michael Kennedy, 202 Reef Avenue; and Rocco Montesano, 221 Riatta, and on behalf of U.S.S. Lexington and Texas State Aquarium. John Kelley, 3621 Austin, spoke regarding Item 36, and stated that the ordinance is not going to solve the homelessness problem until there is a comprehensive plan to address the issue of homelessness. Matt Lohmeier, 121 Naples, spoke on behalf of the Emerging Clergy Alliance, and requested that Item 36 be delayed until there is a comprehensive way to address homelessness and panhandling. REGULAR AGENDA: (ITEM 25) 25. Appointment of Police Chief Motion confirming the City Manager's appointment of Mike Markle as Police Chief. Mayor Martinez referred to Item 25, confirmation of the Mike Markle as Chief of Police. Mayor Martinez called for comments from the public. Sir Frederick von King 7th, asked the City Council to consider a five-year no-fault clause in the Police Chief's employment contract. City Manager Olson provided a summary of the selection process for the position of Police Chief and stated that Mike Markle rose to the top and clearly was the most qualified candidate for the position. City Manager Olson stated that it is his honor to present Mike Markle as his selection for the next Police Chief and requested confirmation from the City Council. Council Member Riojas made a motion to approve the motion, seconded by Council Member McIntyre. This Motion was passed 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: M2016-004 L. RECESS FOR CORPORATION MEETING: (ITEM 15) Mayor Martinez recessed the regular Council meeting to hold a meeting of the Corpus Christi Housing Finance Corporation. 15. Special Board Meeting of the Corpus Christi Housing Finance Corporation The Corporation Meeting was held. M. RECONVENE COUNCIL MEETING Mayor Martinez reconvened the regular Council meeting. Corpus Christi Page 8 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 N. EXECUTIVE SESSIONS: (ITEMS 16 - 18) 16. 17. 18. Mayor Martinez 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 matters 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 § 551.076 concerning deployment or implementation of security personnel and/or devices related to City Hall and other City structures. 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 employment law related claims, City Charter provisions, potential discovery in personnel litigation, and other matters that impact the City position in ongoing or potential litigation, and pursuant to Texas Government Code § 551.074 (Personnel Matters) to discuss the appointment, employment, and duties of, and complaints concerning, public officers or employees, including, but not limited to, members of the City Council. This E -Session Item was discussed in executive session. O. PUBLIC HEARINGS: (ITEMS 19 - 24) 19. Public Hearing and First Reading Ordinance - Rezoning property located at 6425 King Trail (3/4 Vote Required) (Tabled on 12/8/15) Case No. 1015-02 Edward Gonzalez: A change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Map from estate residential uses to low density residential uses. The property is described as Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court. Planning Commission and Staff Recommendation (November 4, 2015): Approval of the change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District. Corpus Christi Page 9 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Edward Gonzalez ("Owner"), by changing the UDC Zoning Map in reference to Lot 21, Block 2, The Coves at Lago Vista Unit 3, from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 19. Interim Director of Development Services Dan McGinn stated that the purpose of this item is to rezone the subject property to allow replatting of four (4) lots. Mr. McGinn stated that the Planning Commission and staff are in favor of the zoning change. Mr. McGinn reported that there is significant opposition which will require a majority vote of the City Council. The opposition dropped from 56% to 22%. Mayor Martinez opened the public hearing. Victor Medina, 2460 Cricket Hollow, representative for the property owner, explained that the property was purchased in 2011 and the rezoning request is to allow the subject property to be consistent with the subdivision. Mr. Medina said abutting property owners were not aware of the plans for the property and have since changed their position. Mr. Medina added that the property owner is willing to comply with the abutting property owners and participate in the development of the streets. Mayor Martinez closed the public hearing. A council member spoke regarding the following topics: the condition of King Trail; the drop in opposition by the abutting property owners; and the participation in the development of the streets. Council Member Garza 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 20. Public Hearing and First Reading Ordinance - Rezoning property located at 6201 and 6301 McArdle Road Case No. 1115-01 Charlie Thomas' Courtesy Ford, Inc.: A change of zoning from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "CN -1" Neighborhood District (Tract 1) and "CG -2" General Commercial District (Tract 2), resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The property is described as a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, located along the south side of McArdle Road between Prince Drive and Clare Corpus Christi Page 10 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 Drive. Planning Commission and Staff Recommendation (December 2, 2015): Tract 1 - Denial of the change to "CN -1" Neighborhood Commercial District and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for vehicle parking associated with automobile sales and service, subject to a site plan and ten conditions. Tract 2 - Approval of the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Charlie Thomas' Courtesy Ford, Inc. on behalf of Patrick and Amy Nolan ("Owners"), by changing the UDC Zoning Map in reference to a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "RM-1/SP" Multifamily 1 District with a Special Permit (Tract 1) and to the "CG -2" General Commercial District (Tract 2); amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 20. Interim Director of Development Services, Dan McGinn, stated that the purpose of this item is to rezone the subject property on Tracts 1 and 2 to allow for the expansion of the existing auto dealership and vehicle storage. Mr. McGinn stated that the Planning Commission and staff are in favor of the following: Tract 2 - approval of the "CG -2" General Commercial District on Tract 2; and Tract 1 - denial of the change to "CN -1" neighborhood Commercial District, and in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit subject to 11 conditions. Mayor Martinez opened the public hearing. There were 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 Vaughn. 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 21. Public Hearing and First Reading Ordinance - Rezoning property located at 6122 Kostoryz Road Case No. 1215-01 Venamex, LLC: A change of zoning from the "ON" Corpus Christi Page 11 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 Office District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property is described as Lot 1, Block 1, Bridges Mill Village Unit 1, located on the northeast corner of Kostoryz Road and Masterson Drive. Planning Commission and Staff Recommendation (December 2, 2015): Approval of a change from the "ON" Office District to the "CN -1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Venamex, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 1, Block 1, Bridges Mill Village Unit 1, from the "ON" Office District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 21. Interim Director of Development Services Dan McGinn stated that the purpose of this item is to rezone the subject property to develop a a commercial retail center. Mr. McGinn stated that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing. In response to a council member, Assistant Director of Development Services Julio Dimas stated that the work that is taking place on the subject property is allowed under the current zoning. The applicant requested the change of zoning for another tenant at the subject property. 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: 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. Public Hearing and First Reading Ordinance - Rezoning property located at 1010 Laredo Street Case No. 1215-02 LWW Enterprises, LLC: A change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The property is described as Lot 14, Block 13, Central Wharf and Warehouse Company's Subdivision (commonly described as South Bluff), located on the north side of Laredo Street between South Staples Street and Corpus Christi Page 12 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 King Street. Planning Commission and Staff Recommendation (December 16, 2015): Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by LWW Enterprises, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 14, Block 13, Central Wharf and Warehouse Company's Subdivision (commonly described as South Bluff), from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 22. Interim Director of Development Services Dan McGinn stated that the purpose of this item is to rezone the subject property to allow the construction of a showroom space and expand the existing business. Mr. McGinn stated that the Planning Commission and staff are 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 Rosas. 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 23. Public Hearing and First Reading Ordinance - Rezoning property located at 1642 Clare Drive (3/4 vote required) Case No. 1215-03 Roque Enriquez: A change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Map from low density residential to medium density residential uses. The property is described as being a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. Staff Recommendation: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District and, in lieu thereof, approval of a change to the "RS-TH" Townhouse District. Corpus Christi Page 13 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 Planning Commission Recommendation (December 16, 2015): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District and denial of the staff recommendation of "RS-TH" Townhouse District. Ordinance (Staff Recommendation): Ordinance amending the Unified Development Code ("UDC"), upon application by Roque Enriquez ("Owner"), by changing the UDC Zoning Map in reference to a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, from the "RS -6" Single -Family 6 District to the "RS-TH" Townhouse District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 23. Interim Director of Development Services Dan McGinn stated that the purpose of this item is to rezone the subject property to allow for the construction of multifamily. Mr. McGinn stated that staff recommended denial of the change of zoning to the "RM -1" Multifamily District, and in lieu thereof, approval of a change to the "RS-TH" Townhouse District. Mr. McGinn stated that the Planning Commission recommended denial of the change of zoning to the "RM -1" Multifamily District and denial of the staffs recommendation of the "RS-TH" Townhouse District. Mr. McGinn said the opposition is over 60% and requires a 3/4 majority vote of the City Council. Mayor Martinez opened the public hearing. Victor Medina, 2460 Cricket Hollow, representative of the applicant, explained that the opposition to the zoning change is because of concern that three-story apartments would be built. After the recommendation from staff for the "RS-TH" zoning, the applicant is in agreement to develop townhomes on the subject property. Mr. Medina stated that the subject property has been vacant for 17 years and is not feasible for residential lots. Tara Schultz, 1625 Clare Drive, spoke in opposition to the zoning change and expressed concern with traffic flow and parking. Abel Alonzo, 1701 Thames, expressed concern on the housing shortage and spoke in support of the rezoning. Council members spoke regarding the following topics: the applicant's acceptance of staffs recommendation; location of the entrance and exit to the subject property; the opportunity for additional affordable housing; the number of townhome units proposed; the distinction between multifamily and townhome zoning; the reason the Planning Commission recommended denial of staff's recommendation; the number of years the property was vacant under the current zoning; inclusion of the Planning Commission's vote on future zoning cases; the "RS-TH" zoning creating a barrier to Williams Drive; the area transitioning to commercial; the last time there was new residential construction in the area; whether there is a process to ensre that heavy trucks will not be able to access Clare Drive; and the timeline for development. Mayor Martinez closed the public hearing. Council Member Garza 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: Corpus Christi Page 14 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 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 24. Public Hearing and First Reading Ordinance - Rezoning property located at 5825 Up River Road Case No. 1215-04 John Dunn Walsh: A change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial uses to estate residential uses. The property is described as being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1, in an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. Planning Commission and Staff Recommendation (December 16, 2015): Approval of the change of zoning from the "IH" Heavy Industrial District to "RE" Residential Estates District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by John Dunn Walsh ("Owner"), by changing the UDC Zoning Map in reference to a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1, in an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, from the "IH" Heavy Industrial District to the "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 24. Interim Director of Development Services Corpus Christi Page 15 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 Dan McGinn stated that the purpose of this item is to rezone the subject property to allow for the reconstruction of a single-family home. Mr. McGinn stated that the Planning Commission and staff are in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing. Council members acknowledged staffs work on the zoning cases today and the residential development in the subject property area. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Garza. 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 P. REGULAR AGENDA: (ITEMS 26 - 27) 26. Resolution approving the Affordable Housing - Type A Pilot Program Resolution approving the Affordable Housing - Type A Pilot Program which uses Type A funds for up front/interim construction costs for a qualified builder to construct a new affordable home for an income -qualified homebuyer. Mayor Martinez referred to Item 26. Assistant City Manager Susan Thorpe stated that the purpose of this item is to request approval for the updated proposed Affordable Housing - Type A Pilot Program. Assistant City Manager Thorpe provided a brief overview of the changes incorporated to the program guidelines. Mayor Martinez called for comments from the public. Abel Alonzo, 1701 Thames, spoke in support of the program. John Kelley, 3621 Austin, spoke regarding a proposal provided to the City by the Bay Area Smart Growth Initiative on how to redevelop entire neighborhoods. Council members spoke regarding the following topics: the review of homebuilders interested in working with the project; that there is at least more than one builder interested in the project; referring to affordable housing as housing that is affordable; the process for submitting proposals to become a builder; the next steps for affordable housing; urging the City to be more comprehensive in approaches to affordable housing; the use of incentives by right; communication to the public; the estimated maximum price for the home; the cost of other homes in the area; targeting neighborhoods with other existing programs, such as Code Enforcement or Model Block Programs; domino effect revitalization; code violations in the area; a future presentation on all the programs that can be incorporated; concern with gentrification. Council Member Rubio made a motion to approve the resolution, seconded by Council Member McIntyre. This Resolution was passed and approved with the Corpus Christi Page 16 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 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: 030732 27. Discussion and consideration of the process to fill a vacancy in the office of council member. Motion that the City Council accept applications for the vacant at -large city council positions (effective February 24, 2016), and require that all applications be filed in the Office of the City Secretary which shall include: 1. Application for Appointment to the City Council, 2. City's Report of Financial Information, 3. Questionnaire; and adopting the following schedule: Schedule Jan. 19, 2016 - Executive session to consider and develop three to five questions for the questionnaire Jan. 25 - Feb. 29, 2016 - Accept applications March 3 - 7, 2016 - Individual council member review of applications March 8, 2016 - Executive session to consider applications/appoint in open session/or determine if interviews are necessary Mayor Martinez referred to Item 27. City Secretary Rebecca Huerta stated that the purpose of this item is to discuss the process to filling the vacancy created by Council Member Lillian Riojas' resignation. Council Member Riojas' resignation is effective February 24, 2016. City Secretary Huerta presented the following information: research on the process used by prior City Councils from the 1990s to present; the common practices; and a suggested timeline to fill the upcoming vacancy. Mayor Martinez called for comments from the public. Larry White recommended that prior to receiving applications, the City Council consider the following: diversity, difference in experience; cultural backgrounds for the betterment of the community; the needs of the City; and an individual who understands the organization. Dr. Maurice Portis spoke regarding the tremendous opportunity the City Council has to select an individual that has the experience, qualifications and meets the needs of the community. Abel Alonzo, 1701 Thames, stated that the selection of a council members should not be based on race, ethnicity, or gender and encouraged the Council to focus on an individual that can lead Corpus Christi into the future and community at the local, state, and federal levels. Reverend Claude Axel commended the City Corpus Christi Page 17 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 Council for their work and requested that the Council consider a representative from the black community. Susie Luna Saldana, 4710 Hakel, asked the Council to consider appointing a representative for the entire community to bring positive change. Barbara Williams, 4023-A Oak Bay Drive, stated that there has not been black representation on the City Council in last 30 years and expressed the need for representation from the black community. John Kelley, 3621 Austin, recommended that the fair way to fill the upcoming vacancy is to take the person who received the next most votes at large from the November 2014 election. Jeremy Coleman spoke regarding the opportunity for visible, adequate representation from the African-American community. Margareta Fratila, 3606 Tripoli Drive, requested to be considered for the upcoming vacancy. Council members spoke regarding the following topics: the timeline for accepting applications; the sample application; whether a campaign treasurer report is requested; an explanation of the individual council review of applications; support for the prior practices that have been used; the importance of appointing an applicant that can communicate with the people and knowledge of the City Council's major topics; including a process in open session; and development of a questionnaire to include with application packet. Council Member Garza made a motion to accepted the suggested timeline, seconded by Council Member Magill and passed unanimously. Council Member Magill made a motion directing the City Secretary to include in the timeline an executive session on the January 19, 2016 City Council agenda to determine three to five questions that all of the applicants will have the opportunity to answer, seconded by Council Member Garza and passed unanimously. This Motion was passed 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: M2016-005 Q. FIRST READING ORDINANCES: (ITEMS 28 - 36) 28. First Reading Ordinance - Accepting and appropriating grant funds for the Latchkey Afterschool Snack Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $153,645 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey Afterschool Snack Program. Mayor Martinez referred to Item 28. Director of Parks and Recreation Jay Ellington stated that Items 28, 29, and 31 are related to grants awarded to the Corpus Christi Page 18 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 Parks and Recreation Department. The purpose of Item 28 is to accept and appropriate a grant from the Texas Department of Agriculture for the Latchkey Afterschool Snack Program. The purpose of Item 29 is to accept and appropriate a grant from the Corporation for National and Community Service for the Retired Senior Volunteer Program (RSVP). The purpose of Item 31 is to accept and appropriate a grant from the Corporation for National and Community Service for the Senior Companion Program (SCP). There were no comments from the Council or the public on Items 28, 29, and 31. Council Member Garza made a motion to approve Items 28, 29, and 31, seconded by Council Member Rosas. The 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 29. First Reading Ordinance - Accepting and appropriating grant funds; transferring matching funds for the Retired Senior Volunteer Program (RSVP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 State grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $21,671 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer Program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant fund. This item was discussed during Item 28. 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 31. First Reading Ordinance - Accepting and appropriating State grant funds; transferring and appropriating matching funds for the Senior Companion Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $5,756 State grant awarded by the Corporation for National and Community Service for the Senior Companion Program; appropriating the $5,756 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from Corpus Christi Page 19 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grants fund. This item was discussed during Item 28. 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 30. First Reading Ordinance - Lease Agreement Renewal with Gulf Coast Gem and Mineral Society Ordinance authorizing the City Manager, or designee, to execute three-year lease agreement with Gulf Coast Gem and Mineral Society for the use of City property at 3933 Timon. Mayor Martinez referred to Item 30. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to renew a lease with the Gulf Coast Gem and Mineral Society for the use of City property on North Beach. There were no comments from the Council or the public. Council Member Riojas 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: 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 32. First Reading Ordinance - Closing a utility easement located south of Park Road 22 and north of Whitecap Boulevard Ordinance abandoning and vacating a 1,687.50 -square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 39A, Block 72, Padre Island -Corpus Christi Subdivision, located south of Park Road 22 and north of Whitecap Boulevard; and requiring the owner, Valtex Investments, LLC to comply with the specified conditions. Mayor Martinez referred to Item 32. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to abandon and vacate an existing utility easement to allow for the construction of a new residential home. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Scott. The Ordinance was passed on first reading and Corpus Christi Page 20 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 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 Scott Absent: 1 - Council Member Vaughn Abstained: 0 33. First Reading Ordinance - Approving Agreement and appropriating funds to reimburse developer for the construction of awater arterial transmission and grid main line located along the south side of Agnes Street (State Highway 44), east of North Clarkwood Road and north of Buckholt Road Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with JCL Properties, ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $40,766.50 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 33. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to execute a water arterial transmission and grid main construction and reimbursement agreement with JCL Properties in the amount of $40,766.50 for the construction of a water arterial transmission and grid main. There were no comments from the Council or the public. Council Member Garza 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: 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 34. First Reading Ordinance - Commercial Land Lease Renewal Agreement Ordinance authorizing the City Manager, or designee, to execute a Commercial Land Lease Renewal Agreement with BBC Capital, Ltd., for a 1.068 -acre tract of land and a 0.20 -acre tract of City owned land for use in their recreational vehicle park called Puerto del Sol RV Park, located at the northern end of North Beach at 5100 Timon Boulevard, for the monthly fee of $572.00 per month for a second five year term beginning January 1, 2016 and ending December 31, 2020. Mayor Martinez referred to Item 34. Executive Director of Public Works Valerie Corpus Christi Page 21 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 Gray stated that the purpose of this item is to execute a Commercial Land Lease Renewal Agreement with BBC Capital, Ltd. for the use of City -owned property located on North Beach at 5100 Timon Boulevard. The lease agreement is for twenty (20) years compromised of four consecutive five-year terms. The initial five-year lease agreement was approved by the City Council in 2011, and each renewal of a new five-year term requires City Council approval. There were no comments from the public. Mayor Martinez recused herself from the discussion on this item. Council members spoke regarding the following topics: the monthly fee for the second five-year term; the opportunity to receive current market values; and consideration to table this item. Council Member Garza made a motion to table Item 34, seconded by Council Member Rubio and passed unanimously. 35. First Reading Ordinance - Appropriating funds for an Engineering Design Contract for McGee Beach Breakwater Improvements Ordinance amending the FY 2016 Capital Improvement Progam budget adopted by Ordinance No. 030621 to add project No. E15219 McGee Beach Breakwater Improvements; increasing revenues and expenditures in the amount of $21,900; and authorizing the City Manager, or designee, to execute a professional services contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $19,900 to provide an updated concept assessment and opinion of probable construction cost for breakwater improvements at McGee Beach as recommended by the Corpus Christi Business and Job Development Corporation (Type A Board). Mayor Martinez referred to Item 35. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to execute a professional services contract with HDR Engineering, Inc. to begin a preliminary study for the breakwater improvements at McGee Beach. Mr. Edmonds stated that this item was recommended by the Corpus Christi Business and Job Development Corporation (Type A Board). There were no comments from the Council or the public. Council member Garza 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 Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Rubio Abstained: 0 36. First Reading Ordinance - Amending City Code to prohibit solicitation in specific areas of the City Corpus Christi Page 22 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 Ordinance amending Article II Unlawful Solicitation of the Corpus Christi Code of Ordinance to prohibit solicitation in the Central Business District, North Beach and on private property without permission; prohibiting solicitation within 25 feet of an ATM, bank, public transportation stop or outdoor dining area; Providing for severance, publication, penalty; and an effective date. Mayor Martinez referred to Item 36. Assistant City Manager Susan Thorpe stated that the purpose of this item is to consider amending Article II, Unlawful Solicitation, of the City of Corpus Christi's Code of Ordinances to prohibit solicitation in the Central Business District, North Beach and on private property without permission; and prohibiting solicitation within 25 feet of an ATM, bank, public transportation stop or outdoor dining area. Assistant City Manager Thorpe explained that numerous businesses and tourist facilities in the Central Business District and North Beach reached out to the City requesting that the City be more assertive in regards to safety and nuisance activities in their areas by taking stronger action against increasing levels of panhandling and aggressive behavior. Assistant City Manager Thorpe explained that staff sought input from numerous groups regarding these proposed changes. In addition, staff has been actively working on several positive alternatives to panhandling including: the installation of specially -marked parking meters to donate to homeless shelters; a food voucher program; installing "Keep the Change: signs; public service announcements; and working with the homeless providers to create a assistance support handout. Council Member McIntyre made a motion directing the City Manager to come back with information regarding the viability or survivability of a time -of -day panhandling ordinance city-wide, seconded by Council Member Scott and passed unanimously. Council members spoke regarding the following topics: this action being a small portion of the solution to homelessness; the alternatives to providing funds to the homeless; outreach to panhandlers regarding the change to this ordinance; the reason that businesses located at Airline/Staples/SPID are not addressed; the selection of the small -geographical area to make the ordinance as constitutional as possible; consideration to develop a system similar to the City of Albuquerque to offer day work instead of citations for panhandling; the ability to set time constraints for panhandling to occur city-wide; enforcement of the ordinance; the cost to have the specially -marked meters installed; current ordinances addressing loitering; changing the behavior of citizens; concern that the ordinance will shift the panhandling behavior to other areas of town; examples of the unconstitutional issues related to this ordinance; panhandlers being victimized; whether this ordinance provides the capability for police to see if the panhandlers have warrants; and delaying the effective date of the ordinance. Mayor Martinez called for comments from the public. The following individuals spoke in opposition to the ordinance: Father Sean Maloney, 622 Airline; Linda McKamie, 1279 Glenoak Drive; and Betty Barry. Reverend Carol Murphy, 6306 Wimbledon Circle, spoke in support of the ordinance. Jesse Elizondo, Chair of the Homeless Issues Partnership, spoke in support of the alternatives to panhandling and continuing outreach to address homelessness. Mayor Martinez made a motion to amend the ordinance to be effective upon 60 Corpus Christi Page 23 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 days after passage on second reading, seconded by Council Member Scott and passed unanimously; Vaughn abstained. Council Member Scott made a motion to approve the ordinance as amended, seconded by Council Member Rubio. 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 Rosas and Council Member Scott Absent: 1 - Council Member Vaughn Abstained: 0 R. FUTURE AGENDA ITEMS: (ITEMS 37 - 44) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff had a planned presentation on Item 38. 37. Lease Agreement for Clara Driscoll Field for a youth baseball program Motion to authorize the City Manager or designee to execute a Five-year Surface Lease Agreement with the Robert and Julia Driscoll and Robert Driscoll Jr. Foundation to lease 4.23 acres of land known as Clara Driscoll Field located at 4235 Baldwin Blvd. to be used for a youth baseball program. This Motion was recommended to the consent agenda. 38. Resolution for the acquisition of real property rights by eminent domain for the Island Gate Plaza Center Alternative Access Project Resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of a Right -of -Way and Temporary Construction Easement known as Parcel 3 for a street improvement project known as the Island Gate Plaza Center Alternative Access Project, Bond 2004; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the easement interests in the property owned by Kimco Corpus Christi L.P.; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation the parcel of land described herein by a single record vote of the City Council. Corpus Christi Page 24 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 This Resolution was recommended to the consent agenda. 39. Construction Contract for Corpus Christi International Airport (CCIA) Runway 18 Medium Approach Light System with Runway Alignment Indicator Lights (MALSR) Station numbers 12 and 14 for safety and site improvements Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $523,153 for the Corpus Christi International Airport (CCIA) Runway 18 Medium Approach Light System with Runway Alignment Indicator Lights (MALSR) Stations 12 & 14 Access Safety & Site Improvements for the Base Bid, with 90% of the contract funded by Federal Aviation Administration (FAA) grant. This Motion was recommended to the consent agenda. 40. Testing Agreement Amendment No. 1 to prepare the annual groundwater monitoring report required by the Texas Commission on Environmental Quality (TCEQ) at Cefe Valenzuela Municipal Landfill for FY 2015-2016 Motion authorizing the City Manager, or designee, to extend the timeframe of the agreement by executing Amendment No. 1 to a testing agreement with Tolunay-Wong Engineers of Corpus Christi, Texas in the amount of $100,400.00 for a restated fee not to exceed $125,300 for the Groundwater Monitoring at Cefe Valenzuela Municipal Landfill for the fiscal year 2015-2016. This Motion was recommended to the consent agenda. 41. Testing Agreement Amendment No. 1 to prepare the annual groundwater monitoring report required by the Texas Commission on Environmental Quality (TCEQ) at J.C. Elliott Municipal Landfill for fiscal year 2015-2016 Motion authorizing the City Manager, or designee, to extend the timeframe of an agreement by executing Amendment No. 1 to a testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of $94,810.00 for a restated fee of $117,900.00 for the Groundwater Monitoring at the J.C. Elliott Municipal Landfill for fiscal year 2015-2016. This Motion was recommended to the consent agenda. 42. Renewal of a Construction Contract and a Professional Services Contract for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2015-2016 with administrative renewal for Year Two Services Corpus Christi Page 25 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 Motion authorizing the City Manager or designee to execute Year One Renewals of a construction contract with RCM Constructors, Inc. of Corpus Christi, Texas in the amount of $657,391 and a professional services contract with Engineering & Construction Management Services, LLC of Corpus Christi, Texas in the amount of $84,480 for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2015-2016; authorizing administrative renewals for Year Two Services in accordance with contract terms. This Motion was recommended to the consent agenda. 43. Professional Services Contract Amendment No. 1 for Wastewater Permit Assistance Project Motion authorizing the City Manager, or designee, to continue permitting and regulatory assistance by executing Amendment No. 1 with Alan Plummer Associates, Inc. of Austin, Texas in the amount of $178,000 for a total restated fee not to exceed $207,000 for Wastewater Permit Assistance for the base year with four one-year renewal options; authorizing administrative renewal for future years in accordance with contract terms. This Motion was recommended to the consent agenda. 44. Professional Services Contract for Corpus Christi Water Supply Model Updates as required by the Texas Commission on Environmental Quality (TCEQ) Motion authorizing the City Manager or designee to execute a professional services contract with HDR Engineering, Inc. of Austin, Texas in the amount of $100,000 for the Corpus Christi Water Supply Model Updates. This Motion was recommended to the consent agenda. S. BRIEFINGS: (ITEM 45) 45. Overview of the National Flood Insurance Program, administered by FEMA, and basics of a Flood Insurance Rate Map This Presentation was postponed. T. LEGISLATIVE UPDATE: None. U. ADJOURNMENT Corpus Christi Page 26 Printed on 1/15/2016 City Council Meeting Minutes January 12, 2016 The meeting was adjourned at 8:09 p.m. Corpus Christi Page 27 Printed on 1/15/2016 City Of Corpus Christi CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT BOARD DETAILS SIZE 5 Seats TERM LENGTH OVERVIEW TERM LIMIT rS � 1 Jeannie Holland � (361) 826-3381 CONTACT jeannie@cctexas.com The Corpus Christi Aquifer Storage and Recovery Conservation District develops and protects municipal aquifer storage areas created by the City of Corpus Christi. The district may implement and develop aquifer storage and recovery projects. 4 DETAILS COM POSITION Five (5) directors appointed by the City Council to serve four-year staggered terms. If a vacancy occurs on the board, the board may appoint a director to serve the remainder of the term. The board shall annually elect officers and officers must be confirmed by the City Council. The initial directors shall draw lots to determine w hich three (3) directors shall serve four-year terms that expire at the end of the calendar year four years after the effective date of the Act, and w hich tw o directors shall serve tw o -year terms that expire at the end of the calendar year tw o years after the effective date of the Act. CREATION / AUTHORITY H.B. 3513 effective 6/18/05. MEETS On Call TERM DETAILS Four-year staggered terms. DEPARTMENT Water Department Corpus Christi Aquifer Storage and Recovery Conservation District January 19, 2016 (Note: Section 8811.024 of the Texas Special District Local Laws Code requires the City Council to confirm the election of officers annually.) The board is recommending the confirmation of the following officers: Fred Segundo as President, Dan McGinn as Vice -President and Gus Gonzalez as Secretary. 111 Status WI Gustavo Gonzalez CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT Dan McGinn Active 2 12/31/19 Secretary CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT Active Partial 12/31/19 Vice -President Fred Segundo CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT Active 2 12/31/17 President Margie Rose CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT Active 2 12/31/17 Member Tom Tagliabue CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT Active Partial 12/31/17 Member City Of Corpus Christi HUMAN RELATIONS COMMISSION BOARD DETAILS OVERVIEW SIZE 16 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years CONTACT I -q DETAILS 1 Sylvia Wilson 0 (361) 826-3190 sylviaw@cctexas.com COMPOSITION CREATION / AUTHORITY The Human Relations Commission studies problems of group relationships within the City, and devises and recommends to the Mayor and City Council ways and means of discouraging and combating prejudice, intolerance, and bigotry in all groups in their relations with one another; to discover all practices and policies calculated to create conflicts and tensions, and to recommend ways and means of eliminating any unfair or unjust discrimination by or against any person or group. Sixteen (16) members, fourteen (14) of w horn shall be appointed by the Mayor w ith approval of the Council to study problems of group relationships w ithin the City; one (1) who shall represent the selling of dwellings, one (1) who shall represent the renting of dw ellings and one (1) member of the staff of the Legal Aid Society to serve continuously, and three (3) shall not be more than 20 years of age at time of appointment serving one-year terms. Eleven (11) members shall serve three-year terms. The chair of the commission shall be designated by the Mayor for a one-year unstaggered terms. The Chairperson of the Committee for Persons w ith Disabilities serves as an ex -officio voting member. Section 24-2, Code of Ordinances; Ord. No. 9410, 7-02-69; Ord. No. 9551; 10422, 10915, 13940, 16467, 023411, 8-18-98; Ord. No. 024364, 2-13-01; Ord. No. 025650, 2-10-04. MEETS 1st Thursday of the month, 5:00 p.m., City Hall, Council Chambers TERM DETAILS Three-year staggered terms. DEPARTMENT Human Relations Human Relations Commission Members January 19, 2016 One (1) vacancy with term to 6-14-16 representing the following category: 1- representative of the selling of dwellings. (Mayoral appointment with approval of the Council.) (Staff is recommending the realignment of Laura Commons (Regular Member) to Selling of Dwellings.) Board Name 1Rifti District Term End Date Cate or Alice Aparicio-Bussey HUMAN RELATIONS COMMISSION Resigned District 3 1 06/14/16 Selling of Dwellings Member April Denine Bassett HUMAN RELATIONS COMMISSION Active District 2 1 06/14/18 Regular Member Member Joel Mumphord HUMAN RELATIONS COMMISSION Active District 3 1 06/14/17 Regular Member Member Dr. Roy E. Stock HUMAN RELATIONS COMMISSION Active District 5 Partial 06/14/16 Regular Member Member Nora G Mireles HUMAN RELATIONS COMMISSION Active District 3 1 06/14/18 Rental of Dwellings Member Melody T Guerrero HUMAN RELATIONS COMMISSION Active District 5 1 06/14/16 Youth Member Richard Balli HUMAN RELATIONS COMMISSION Active District 2 N/A CFPWD, Chair Exofficio-Voting Member Andres Rodriguez HUMAN RELATIONS COMMISSION Active District 4 Partial 06/14/16 Regular Member Member Laura Commons HUMAN RELATIONS COMMISSION Active District 4 Partial 06/14/17 Regular Member Member Rene Saenz HUMAN RELATIONS COMMISSION Active District 3 1 06/14/17 Regular Member Member William "Mickey" Kramer Jr. HUMAN RELATIONS COMMISSION Active District 5 2 06/14/18 Regular Member Chair - Term to 6/14/16 Elias Valverde Saherish Surani Carlos Aguinaga HUMAN RELATIONS COMMISSION Active District 5 2 06/14/16 Regular Member Member HUMAN RELATIONS COMMISSION Active District 5 2 06/14/16 Youth Member HUMAN RELATIONS COMMISSION Active N/A Legal Aide Society, Continuous Member Robert A Bonilla HUMAN RELATIONS COMMISSION Active District 4 1 06/14/16 Youth Member Lyndon Smiling HUMAN RELATIONS COMMISSION Active District 4 1 06/14/17 Regular Member Member Human Relations Commission Applicants January 19, 2016 IIIII Boards Ftiar�9sPP3u11Li'Li Bilaye Benibo Work Phone Cate_o HUMAN RELATIONS COMMISSION District 1 Texas A&M University -Corpus Christi 6300 Ocean Drive Corpus Christi TX (361) 825-5890 Regular Member Linda A. Cantu HUMAN RELATIONS COMMISSION District 1 Coldwell Banker Pacesetter Steel Realtor 15122 Northwest Blvd., Ste. 1 Corpus Christi TX (361) 387-1555 Regular Member or Selling of Dwellings Darrell Hillenburg HUMAN RELATIONS COMMISSION District 5 Republican Party of Texas 4639 Corona, Ste. 5 William Menard, Jr. HUMAN RELATIONS COMMISSION District 2 Menard Electronics, Inc. Maria Rodriguez HUMAN RELATIONS COMMISSION District 3 Frost Bank 4215 S. Staples St. Corpus Christi TX (361) 929-1355 Regular Member Regular Member Corpus Christi TX Regular Member BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Nov 10, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Dr. Bilaye R. Benibo Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? HUMAN RELATIONS COMMISSION Street Address Suite orApt City 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 Professor of Sociology 6300 Ocean Drive Corpus Christi WorkAddress - City Texas WorkAddress- State 78412 State Postal Code WorkAddress-Zip Code (361) 825-5890 Work Phone bilaye.benibo@tamucc.edu Work E-mail address Home/Pri mary 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: No. Education, Professional and/or Community Activity (Present) None Registered Voter? • Yes No Current resident of the city? • Yes QNo 21 years 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. African American 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 I 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. II IAgree Oath I swear that all of the statements included in my application are true and correct. N IAgree BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Jan 12, 2016 Status: submitted Profile Linda Prefix First Name Email Address A Cantu Middle Last Name Initial Suffix Which Boards would you like to apply for? HUMAN RELATIONS COMMISSION Street Address Suite or Apt District 1 What distnct do you live in? Please CLICK HERE for a map to verify your district assignment. 411111111101.111.1 1.1111.11111111111 Primary Phone Alternate Phone Coldwell Banker Pacesetter Steel Realtor EmpAoyer 15122 Northwest Blvd, Suite 1 WorkAddress - Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78410 Realtor Jab Title Siete Postal Code WorkAddress- Zip Code 3613871555 Work Phone Linda@lindacantu.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 andlor Community Activity (Present) High School, Real Estate Iicense.Accredited buyers representative designation, certified residential specialist, Graduate Texas Realtors University GRI, Cartus Affinity Specialist member of Builders Association, CC Board of Realtor. Registered Voter? •Yes 0 N Current resident of the city? O Yes 0 No 42 li yes, how many years' 110oad a Rejrne 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. ® '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 1 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. lAgree Oath I swear that all of the statements included in my application are true and correct. E !Agree Board -specific questions (if applicable) Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Selling of Dwellings BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 30, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Darrell W Hillenburg First Name Middle Last Name Suffix Initial Email Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION, COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE, HUMAN RELATIONS COMMISSION, MUSEUM OF SCIENCE AND HISTORY ADVISORY 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 Republican Party of Texas Employer 4639 Corona, Suite 5 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State Regional Political Field Director Job Title State Postal Code 78411 WorkAddress-Zip Code (361) 929-1355 Work Phone dhillenburg@texasgop.org Work E-mail address Home/Primary 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: No I do not. Education, Professional and/or Community Activity (Present) BS in Political Science, with a minor in History, from Texas A&M University College Station. I am a Regional Political Field Director for the Republican party. I plan, manage, and coordinate with any and all political campaigns or elected officials within my region. My region consists of six counties: Aransas, Bee, Jim Wells, Kleberg, Nueces, and San Patricio. I attend any political or, city oriented events within my region, as the representative for the Republican Party of Texas; upholding and sharing the values and principles it stands for. I am currently apart of the Nueces County Republican Club, CC Patriots Tea Party Club, CC Liberty Caucus, and CC Aggie Alumni Club. Registered Voter? • Yes Q No Current resident of the city? • Yes Q No 19 If yes, how many years? Darrell 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 I 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. ® !Agree Darrell W. Hillenburg EDUCATION Texas A&M University — College of Liberal Arts Bachelor of Science - Major: Political Science - Minor: History Graduated May 2014 Del Mar College - 24 High School Dual Credit hours Group 3 Fall 2010 — Spring 2014 Fall 2008 — Spring 2010 WORK EXPERIENCE Republican Party of Texas, Corpus Christi, TX Summer 2014 — Present Regional Political Director Represent the Republican Party of Texas Platform and values within the Coastal Bend and surrounding counties. - Attend and participate, as the Republican Party Representative, in local events, meetings, and clubs within my designated region. Consult and help with any Republican campaigns within my region. - Plan, coordinate, and participate in campaign events within my area; which include but, are not limited to: Deputy Registrar trainings, phone banks, block walks, and fundraisers. Recruit, train, and coordinate volunteers on behalf of the Republican Party and Republican Candidates. - Worked in Louisiana, as a representative of the Republican Party of Texas, for the 2015 US Senate Runoff Race. The Office of Congressman Blake Farenthold, Corpus Christi, TX Summer 2014 Political Science Intern - Manage the Congressman's Nomination Application process for all candidates applying to the five United States Service Academies. - Identify and research all constituents that are recipients of awards or special attention in all counties of the 27th district, and draft congratulatory letters on behalf of the Congressman. - Perform various office administration duties and prepare for meetings with constituents. Computershare Funds, College Station, TX Spring 2014 — Summer 2014 Proxy Call Agent - Contact shareholders and stockholders to discuss their investment portfolios. - Answer questions and inform them of upcoming financial investment conferences. - Receive, organize and cast shareholder / stockholder votes and input them into Proxy 01. Texas A&M University Logistic Services, College Station, TX Spring 2012 — Fall 2012 Mail Clerical Assistant - Process and deliver International Global Priority, International Express, US Express and Certified Return Receipt Requested mail within all time constraints. - Retrieval of all outgoing mail and packages from all departments of Texas A&M University. - Systematically sort and file all retrieved mail for next day delivery. Marshall's Business Records Inc., Corpus Christi, TX Summer 2011 — Fall 2011 Clerical Assistant Compile and sort legal documents, subpoenas, and court records. - Schedule and execute daily delivery routes for all legal documents, subpoenas, and packages. - Coordinate retrieval of all subpoenaed records and legal documents. Simultaneously prioritize and file legal documents as they pertain to subject and case. - Conduct business calls, schedule appointments, and perform various administrative tasks. Group 3 ACTIVITIES & LEADERSHIP Republican Party of Texas Campaign Management School July 2015 - Attend daily lectures and meetings, put on by some of the most well-known and experienced political professionals. Learn the process through which a political campaign is started and completed. - Acquire the knowledge to run a campaign at a local, state, or federal level. - Create and present a full campaign plan that included a campaign calendar, campaign strategy, and finances and fundraising based off of the situation and area provided to us. European Academy Study Abroad Summer 2013 - Cross-cultural program studying political, legal, economic, historical and cultural issues within the governance system of the European Union. - Research and attend presentations and lectures at the University of Passau in Germany. - Analyze and discuss current political and economic issues of the European Union throughout the different regions with various officials and guest speakers. Collaborate with program members on proposed solutions to European Union issues based on historical data, conclusive evidence, and plausible alternatives. "Big Event" — Community Outreach Spring 2011— Spring 2013 Team Leader — Three years - Acquire and coordinate team assignment, tools, and transportation to provide community services. - Assign and direct all member roles and tasks while carrying out the objective in the most safe and efficient manner. Pi Kappa Phi Fraternity Spring 2011 - Present Academic Chair - Compile and maintain test bank with up to date reviews and completed tests of all subjects. - Schedule any and all events pertaining to academics. Member Education - Teach Associate Members the mission and traditions of Pi Kappa Phi. - Schedule rituals and events for Associate Members to network with the fraternity. Push Committee - Plan, schedule, and coordinate all philanthropy events for each semester. Rush Committee - Plan and coordinate the three week long new member recruitment. - Collect and budget all finances, and manage all events and prospective members throughout the recruitment process. Sorority Relations - Collaborate and organize events with multiple sororities and ensure participation in all sorority philanthropies. - Coordinate and distribute gifts on all holiday and celebratory occasions. Aggie Gulf Coast Fishermen Coastal Conservation Association Ducks Unlimited Texas Aggie Conservatives Intramural Sports SKILLS Computer/Social Media - Microsoft Office - Photoshop - Proxy 01 R Statistical - Stata - Facebook - Instagram - Twitter Fall 2010 — Spring 2012 Fall 2010 — Spring 2014 Fall 2010 — Spring 2012 Fall 2011 — Spring 2014 Spring 2011 — Spring 2011 Group 3 Personal - Effective time management and organizational skills - Experienced in professional environment - Problem solving and attention to detail - Strong and effective communicator REFERENCES Mr. John McCord Political Director, Republican Party of Texas Mr. Bob Haueter Chief of Staff, Office of Congressman Blake Farenthold Dr. John D. Robertson Professor, Texas A&M University Mrs. Karren Marshall CEO, Marshall's Business Records Inc. Mr. Carter Hastings Law Student, Southern Methodist University BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Apr 10, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile William Prefix Email Address Middle Initial Menard J r. Which Boards would you like to apply for? AIRPORT BOARD, ANIMAL CARE ADVISORY COMMITTEE, BOARD OF ADJUSTMENT, CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION, ETHICS COMMISSION, HUMAN RELATIONS COMMISSION, LIBRARY BOARD, MAYOR'S FITNESS COUNCIL, OIL AND GAS ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE Street Address Suite orApt District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone MENARD ELECTRONICS, INC. Employer WorkAddress- Street Address and Suite Number WorkAddress- City PURCHASING MANAGER Job Title State Postal Code WorkAddress- State WorkAddress-Zip Code Work Phone Work E-mail address Home/Pri mary 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) BRAZOSWOOD HIGH SCHOOL, CLUTE, TX 1999; TEXAS A&M UNIVERSITY -CORPUS CHRISTI, B.A. IN POLITICAL SCIENCE -GRADUATING AUGUST, 2014. Registered Voter? QQYes QNo Current resident of the city? • Yes Q No 6 If yes, how many years? Bryan_Menard 2015_resume2 .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. RI I Agree Consent for Release of Information I 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. ® lAgree Oath swear that all of the statements included in my application are true and correct. Z (Agree Bryan Menard Jr. Experience Menard Electronics, Inc. Houston, TX/Baton Rouge, LA/Corpus Christi, TX Special Projects Manager August 2012 - Present • Managed operations of multi -branch electrical and electronics distribution business • Analyze distribution operations and formulate strategies for improvements in productivity and reduce costs • Coordinate with management on recommended changes, collaborate via presentations, meetings, and regular on-site visits • Manage relationships with third -party vendors and suppliers • Decommissioned on-site servers; Implemented and continue to manage Office -in -the -Cloud functionality • Streamlined operations, moving toward paperless system slowly and methodically in order not to disrupt ongoing operations and continuity with existing staff members • Oversaw relocation of front-office functions from Louisiana to Texas • Managed and oversaw renovation of Louisiana facility from corporate headquarters to branch location • Rewrote and continue to manage operations and procedures manuals for accounting, sales, and warehouse operations • Built team of four accounting staff to manage new operation in Texas • Administer Prophet 21 Distribution System & Wireless Warehouse • Regular travel between Corpus Christi, Houston, and Baton Rouge • Extensive use of Webex/Teleconferencing for coordination between management of multiple branches, reducing travel & related expenses Purchasing/IT Manager November 2004 -August 2012 • Managed purchasing department of a multi -branch distribution firm • Expedited orders, updated required dates • Oversaw IT -related issues, including two major server installations/upgrades as well as day-to-day operations • Manage inventory valued at more than $ 500,000 • Converted warehouses to bar-code binning • Oversaw conversion from dot matrix to laser printing • Manage relationships with numerous major vendors • Correspond daily with manufacturers and suppliers • Implemented/Maintained Site -to -Site Secure VPN • Administered Prophet 21 Distribution System Inside Sales Representative June 2000 - November 2004 • Managed assigned accounts in the Baton Rouge, LA area • Provided sales support for assigned clients • Provided technical support to all clients of the Baton Rouge branch • Established new client relationships Education: Texas A&M University - Corpus Christi Corpus Christi, TX 110 hours toward BA - Political Science (part time) 2008 -Present Estimated Graduation: May 2016 Research Emphasis: Regulatory Politics Brazoswood High School Clute, Texas Graduation - May 1999 Additional Skills: • Class B Commercial Driver License • Experienced in Windows and Mac OS environments • Proficient in Microsoft Office • Excellent penmanship • 75 wpm typing rate References: Available upon request BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: May 04, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Maria First Name G. Rodriguez Middle Last Name Initial Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION, HUMAN RELATIONS COMMISSION Street Address Suite orApt City District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone FROST BANK 4215 S. STAPLES ST. CORPUS CHRISTI WorkAddress - City TX WorkAddress- State 78411 CUSTOMER SERVICE REPRESENTATIVE State Postal Code WorkAddress-Zip Code Work Phone Work E-mail address Home/Primary 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) ASSISTING MARTIN MIDDLE SCHOOL CHOIR TEACHER WITH CONCERT PREPARATION AND ORGANIZATION Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 19 If yes, how many years? RODRIGUEZ 2 .pdf Upload a Resume RODRIGUEZ.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. 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. ® I Agree Oath swear that all of the statements included in my application are true and correct. I Agree Maria G. Rodrisuez An efficient and time manageable student seeking a position the will professionally prepare me for after completion of degree. Education: '13-'13 Saint Mary's University, San Antonio, Texas College Hours Earned- 9 credit hours '09-' 13 Del Mar College, Corpus Christi, Texas College Hours Earned - 40 credit hours '09-'13 Collegiate High School, Corpus Christi, Texas Graduated May 2013 Experience: • Lab Assistant • Worked with teacher to ensure labs were followed through properly • Assisted biology students with labs • Ensured that chemicals were handled properly • SAT Prep Course Assistant • Properly prepare freshman to take the PSAT • Successfully assist in the distribution knowledgeable material in more than just the traditional way • English I Tutor • Assist underclassmen in the many different steps in editing their high school and college papers • Ensure that knowledge of proper editing was taught, not just handed to them • E.P.LC Conference Presenter • Created a presentation suitable for 9th grade students to consume and interact with Activities: • Student Council • Prom Committee • Head of committee during the 2012-2013 school year • H.I.P • Mentorship program; Seniors mentoring Freshman • D.E.C.A Community Service: • Martin Middle School • Boy Scouts of America • Collegiate High School • Oak Park Elementary • StMU Law School Boo Bash Awards and Honors: • Poem Published via Creative Communications • D.E.C.A District winner in Human Resource Management • D.E.C.A Internationalist Skills: • Excellent Communication Skills • Excellent Presentation Skills • Mac OS Proficiency • Windows OS Proficiency References available upon request Maria G. Rodriguez Personal Mission Statement My purpose is to gain professional experience, expand my current professional and personal networks, and prepare myself to work with an array of individuals. Maria C. Rodriguez January 28, 2015 To whom it may concem, I have lived in the city my whole life and after graduating from Collegiate High School I had a new gained love and respect for the city. Dr. Rodriguez taught me that volunteering in the community was an essential part of growing into a civic minded community member, and since graduation 1 have been attempting to find a way to make a difference in the city. Applying for two commissions that include activities and topics that are close to my heart seem like the perfect way to give back to the city that has given so much to me. 1 would adore being able to work on the various arts and even human relations within the city. Thank you for opportunity to apply for a position. Respectful , ours, G. Rodriguez City Of Corpus Christi LEADERSHIP COMMITTEE FOR SENIOR SERVICES BOARD DETAILS OVERVIEW SIZE 15 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years CONTACT DETAILS 1 Lillia De La Garza (361) 826-3152 lilliad@cctexas.com COMPOSITION CREATION / AUTHORITY The Leadership Committee for Senior Services assists the Senior Community Services (SCS) division staff in the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. Fifteen (15) members representing the following categories: 2 - Senior Center participants, 3 - Direct service agencies, and 10 - Community representatives. Initially, eight (8) members shall be appointed for a term of one-year and seven (7) members shall be appointed for a term of tw o -years. Chapter 2, Administration, Article IV, Division 15, Code of Ordinances (Ordinance No. 024683, 12/11/01); Ord. No. 028537, 3/30/10. MEETS 1st Thursday of every month at 3:30 p.m. at various sites TERM DETAILS Two-year staggered terms. DEPARTMENT Parks and Recreation Department Leadership Committee for Senior Services Members January 19, 2016 Three (3) vacancies with terms to 2/1/16 and 2/1/17 representing the following categories: 2 - Community Representatives and 1- Direct Service Agency. (Since the terms expire on 2/1/16, Staff is recommending a new two-year term ending 2/1/18.) (The Leadership Committee for Senior Services is recommending the new appointments of Yvonne Solis Recio (Community Representative) and Rodney Buckwalter (Community Representative). They are also recommending the postponement of the Direct Service Agency category for further recruitement.) Board Name Status District Term End Date Araceli Cabral Gloria Gooding Adelfa Martinez LEADERSHIP COMMITTEE FOR SENIOR SERVICES Exceeded the number of absences allowed District 1 1 02/01/16 Community Rep. Member LEADERSHIP COMMITTEE FOR SENIOR SERVICES Resigned District 4 1 02/01/17 Direct Service Agency Member LEADERSHIP COMMITTEE FOR SENIOR SERVICES Resigned District 3 3 02/01/16 Community Rep. Member Anita Woolsey LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active Esperanza "Hope" Lopez LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active Ida Hobbs LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 5 1 02/01/16 Community Rep. Member District 3 3 02/01/16 Senior Center Member District 5 3 02/01/16 Direct Service Agency Member Val Salinas LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 3 1 02/01/16 Community Rep. Member Robert Irwin LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 4 2 02/01/17 Community Rep. Member Ginger Bryant LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 2 1 02/01/17 Senior Center Member Denise Villagran LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 4 1 02/01/17 Community Rep. Member Christina Canales LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 2 1 02/01/16 Community Rep. Member Maria Elena Flores LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 4 2 02/01/17 Community Rep. Member Henry Savoy LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 4 3 02/01/17 Community Rep. Member Theresa Garcia LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 5 1 02/01/17 Direct Service Agency Member Willie Hardeman, Sr. LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 5 3 02/01/17 Community Rep. Member Leadership Committee for Senior Services Applicants January 19, 2016 Regina T. Chapa Rodney Buckwalter Adelfa Martinez LEADERSHIP COMMITTEE FOR SENIOR SERVICES District 2 LEADERSHIP COMMITTEE FOR SENIOR SERVICES District 3 CALIBER PATIENT CARE LEADERSHIP COMMITTEE FOR SENIOR SERVICES District 3 At -Large At -Large At Large 4417 O'Malley Drive Corpus Christi TX (361)739-9770 Yvonne Solis Recio LEADERSHIP COMMITTEE FOR SENIOR SERVICES District 3 TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES At -Large or Direct Service Agency 902 Airport Road Corpus Christi TX (361) 844-7603 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Oct 23, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Rodney Prefix Email Address Middle Initial Buckwalter Last Name Which Boards would you like to apply for? LEADERSHIP COMMITTEE FOR SENIOR SERVICES Street Address Suite orApt City District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Caliber Patient Care 4417 OMalley Drive WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress- State 78413 President Job Title State Postal Code WorkAddress- Zip Code (361)739-9770 Work Phone rod ney.buckwalter@cali ber.care Work E-mail address Home/Primary 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: Not at this time. Education, Professional and/or Community Activity (Present) Current member of Texas State Guard and Corpus Christi Chorale Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 25 If yes, how many years? Rodney Buckwalter_Resume _TD_080615.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. 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 I 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. II IAgree Oath I swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * z None of the Above RODNEY BUCKWALTER, PHR SUMMARY Effective Learning Organization and Talent Development Professional with solid team leadership ability and diversified experience in organizational development, enterprise learning strategies and project management utilizing Six Sigma methodologies. Results -focused facilitator and problem solver with strong persuasive, communication, and client relationship management skills. Manages resources, timeframes and multiple priorities and creates strategic partnerships to achieve ambitious goals. PROFESSIONAL EXPERIENCE Caliber Patient Care, Corpus Christi, TX 2014 - present Owner, Corpus Christi Franchise 2014 -present Provide quality Non Emergency Medical Transportation. • Develop and manage budgets and financial projections. • Recruit, onboard, train and develop Talent. • Coordinate and manage transportation logistics. • Establish and maintain relationships with various clients and organizations. FTD, Centerbrook, CT 2011 - 2014 Director, Training & Development and Vendor Management 2011-2014 Lead Training and Quality Assurance function for multiple domestic and offshore contact centers. • Provide Executive Coaching and Organizational Development Consulting across sites. • Developed, implemented and maintain Leadership Development Program across domestic sites. • Performed complete revamp of Training programs using ADDIE methodology. • Developed, implemented and managing Associate Career Path processes. • Performed Organizational Performance Analysis to identify company skills gaps and coordinate with Executive leadership to develop employee development programs • Implemented internal CSAT survey process to identify interdepartmental communication gaps and obstacles • Provides strategy, direction and approval on Vendor Monthly Training and Development Programs. • Overall responsibility for development and publishing on content in company intranet. • Developed, implemented and maintain corporate wiki style knowledge management system. • Implemented Training and Facilitator Assessment Programs • Successfully completed Six Sigma project reducing errors and inefficiency in New Employee onboarding process. • Work with domestic site Human Resource Teams on individual employee development issues and overall strategy. • Developed, Implemented and maintain organization -wide Training Effectiveness Assessment program • Perform seasonal ROI analysis and reporting on Training and Organizational Development interventions. • Manage overall Operations of offshore Vendors • Lead team of Training Managers, Training Specialists and Quality Analysts across multiple domestic sites. RODNEY BUCKWALTER, PHR PAGE Two Town of Killingworth, Killingworth, CT 2011 - 2014 Deputy Director, Emergency Management 2011-2014 Coordinates and directs the planning, organization, control, and implementation of local emergency management activities. • Participate in periodic FEMA and CERT Training programs • Opened Emergency Operations Center (EOC) and Town Red Cross Shelter for multiple events. o August 2011 - Hurricane Irene o October 2011- Nor -easter Alfred o October 2012 - Hurricane Sandy FIRST DATA, Corpus Christi, TX 1998 - 2010 Director, Global Partnerships and Strategic Sourcing 2008 - 2010 Managed multiple offshore outsourced contact center sites consisting of more than 500 employees supporting 10 distinct financial service products. • Successfully spearheaded large call center volume migration / ramp to multiple offshore locations managing to exceed key performance metrics in less than 6 months. • Conducted Six Sigma Initiative for key client reducing average handle times and agent errors resulting in annual savings of approximately $500K per year. • Renegotiated terms of service agreements providing financial penalties and rewards to ensure vendor makes necessary upgrades to IT infrastructure to protect customer experience. • Implemented various performance improvement initiatives resulting in highest quality scores across network for products serviced both offshore and domestic. Manager, Quality and Performance Improvement 2006 - 2008 Provided Leadership for staff of 2 Quality Supervisors, 24 Quality Assurance Analysts and 2 Performance Specialists in support of multiple domestic and offshore sites consisting of more than 1500 call center agents. • Implemented innovative Quality monitoring model across sites which improved QA evaluation alignment with Voice of Customer scores by 40%. • Developed and facilitated developmental training for Corpus Christi Team Managers modeled on Blanchard's "Whale Done!" Rented the Texas State Aquarium and partnered with Dolphin Trainers to exhibit principles in conjunction with training presented. • Expanded Voice of Customer Analytics and Performance Improvement methodology to entire enterprise resulting in targeted performance interventions and improvements. • Developed and rolled out enterprise -wide Quality Dashboard providing standard Performance metrics. Manager, Training and Quality 2002 - 2006 Managed team of 4 Professional Trainers, 2 Instructional Systems Developers, 15 Quality Analysts and 1 Performance Specialist in support of 500 agents in large credit card customer service campaign. • Developed and implemented Voice of Customer Analytics and Improvement model resulting in highest Customer Satisfaction scores in network - earned multiple JD Power and Associates Awards for Customer Service. • Created and documented large-scale employee morale / recognition initiatives contributing to First Data being recognized as region's "Best Places to Work" and low annual agent attrition of less than 30%. • Developed and implemented employee satisfaction / feedback surveys with focus on department resulting in method of identifying unseen issues and providing information for setting annual goals. RODNEY BUCKWALTER, PHR PAGE THREE FIRST DATA (Continued) Staff Development Specialist 2000 - 2002 Internal HRD consultant partnered with various departments with focus on employee development / engagement, leadership development, HR compliance training, and organizational design and development. • Facilitated comprehensive leadership development program with more than 50 support staff including: collaboration, soft skills, supervisory skills, negotiations, six sigma, finance, time management and change management contributing to an over increase of agent employee satisfaction scores of more than 10% in one year. • Developed and implemented succession planning and individual development process increasing employee motivation and commitment and providing senior management with pool of qualified individuals for management positions within the company. • Performed HR Generalist duties as needed (administered Leaves of Absence, addressed employee issues, managed tuition reimbursement program) • Partnered with local college to develop articulation agreement providing 3 hours of college credit to graduates of leadership development program. • Implemented and published company monthly newsletter "What's in Queue?" Operations Supervisor 1999 - 2000 Managed team of 30 customer service agents for multiple clients in contact center. • Created team identity and promoted pride in job and company through continual communication and attention to needs of agents. • Consistently exceeded Key Performance Metrics, including team Quality, Handle time, attrition and employee satisfaction achieving top team rank consistently. Workforce Analyst 1998 -1999 Tracked and adjusted call center staffing to incoming call volume in real time. • Utilized long term and hourly trends to ensure center of approximately 1000 agents in 20 products staffed efficiently. DEL MAR COLLEGE, Corpus Christi, TX 2003 - 2005 Adjunct Professor Part time adjunct professor for Management Department at Community College. Taught following courses: BMGT 1303: Principles of Management, HRPO 2301: Human Resources Management and BMGT 1301: Supervision. CITY OF CORPUS CHRISTI, Corpus Christi, TX 1993 - 1995 911 Dispatcher Received, prioritized and dispatched emergency calls for service for Police, Fire and EMS. • Developed and implemented first 911 simulation training program resulting in reduced attrition and increased learning curve on PD/FD radio training • Assisted in development and training of first ever Corpus Christi 911 Dispatcher Academy as a contract employee after resigning to attend college full-time. UNITED STATES NAVY, Bremerton, WA 1988 - 1992 Air Traffic Controller 3`d Class Responsible for safe launch, separation and recovery of aircraft through radar close and advisory control. • Secret Clearance • Fire Watch and Berthing Rehab Supervisor (managed 50-250 sailors) • Gulf War Veteran: Received: National Defense Medal, Armed Forces Expeditionary Medal, Sea Service Award, Battle "E" Ribbon. - Honorable Discharge RODNEY BUCKWALTER, PHR PAGE FOUR EDUCATION PhD, Applied Technology, Performance Improvement - minor: Management, University of North Texas, currently ABD. Working on Dissertation in Organizational Trust, expected Graduation May 2016 MS, Occupational Training and Development, Texas A&M University, Corpus Christi, TX, 2003 BA, Communications, minor: Public Relations, Texas A&M University, Corpus Christi, TX, 1998 Vice President Lambda Pi Eta Honors Society Founder and Director of Island Productions (weekly Television show) AA, Journalism, Del Mar College, Corpus Christi, TX, 1996 President, Student Government Association Managing Editor, Foghorn (school newspaper) Outstanding Student in Journalism Award 1996 Del Mar College Hall of Fame Inductee 1996 PROFESSIONAL DEVELOPMENT Professional in Human Resources Certification (PHR) Six Sigma Black Belt Candidate Achieve Global Facilitator Certification Franklin -Covey Facilitator Master Certification Coast Guard Auxiliary Boating Safety Instructor Certified Development Dimensions International (DDI) Facilitator Certification US Navy Veteran - Secret Clearance, Received honorable discharge BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 31, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Regina First Name T. Chapa Middle Last Name Initial Which Boards would you like to apply for? LEADERSHIP COMMITTEE FOR SENIOR SERVICES Street Address Suite orApt City District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Employer WorkAddress- Street Address and Suite Number WorkAddress- City WorkAddress- State Alternate Phone Job Title State Postal Code WorkAddress-Zip Code Work Phone Work E-mail 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: No Education, Professional and/or Community Activity (Present) Volunteer at Zavala Senior Center Registered Voter? • Yes No Current resident of the city? • Yes QNo 72 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 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 I 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. II IAgree Oath I swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Senior Center Participant BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Aug 21, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Adelfa First Name Middle Initial Martinez Last Name Which Boards would you like to apply for? LEADERSHIP COMMITTEE FOR SENIOR SERVICES Street Address Suite orApt City District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Employer WorkAddress- Street Address and Suite Number WorkAddress- City TX WorkAddress- State Alternate Phone Job Title State Postal Code WorkAddress-Zip Code Work Phone Work E-mail 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: Education, Professional and/or Community Activity (Present) FORMERLY SERVED ON THE LEADERSHIP COMMITTEE FOR SENIOR SERVICES ASSOCIATES DEGREE IN NURSING SINCE RETIRED, I'VE HELPED IN SEVERAL POLITICAL RACES. NOW VERY ACTIVE AT BROADMOOR SENIOR CENTER. GRADUATED FROM ROY MILLER, CLASS OF 1966 ATTENDED COLLEGE ACTIVE IN LEAGUE OF WOMEN VOTERS; SUBSTITUTE TEACHING AT VARIOUS SCHOOLS; PTA. MEMBER OF ST. CYRIL METHODIOUS CHURCH, CHOIR MEMBER, JAIL MINISTRY SECRETARYAND MINISTRYAT NUECES COUNTY JAIL, VOLUNTEER AT WINDSOR PARK AND NURSING CENTER. Registered Voter? Q Yes Q No Current resident of the city? * Yes Q No 69 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 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 I 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. I Agree Board -specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Senior Center Participant BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: Feb 06, 2015 Status: submitted Profile Prefix Email Address Wonne First Name Solis Recio Middle last Name Init. al Which Boards would you like to apply for? LEADERSHIP COMMITTEE FOR SENIOR SERVICES Street Address City 11111111=111111 District 3 What diaricl do you live in? Suite orApt Slate Postai Code Please CLICK HERE for a map to verify your district assignment. Primary Phone Altemate Phu he I LAAN Utl'HK I MLN I Ui- AGING AND DISABILITY FOSTER GRANDPARENT SERVICES COORDINATOR Employer 902 AIRPORT ROAD WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress- City TX WorkAddress- Slate 79405 Job IJIE WorkAddress- Zip Code 361-844-7603 Work Phone Work E-mail address Home/Prima 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: NO Education, Professional andfor Community Activity (Present) PROUD GRADUATE OF THE LAST CLASS OF CORPUS CHRISTI STATE UNIVERSITY IN DECEMBER OF 1989 WITHA BACHELORS DEGREE IN PSYCHOLOGY 1 HAVE WORKED FOR THE STATE OF TEXAS FOR THE PAST 20 YEARS AS A CASE MANAGER IN THE TEXAS WORKS DIVISION AND THE COMMUNITY CARE FOR THE AGED AND DISABLED PROGRAMS. IAM CURRENTLY THE COORDINATOR FOR THE FOSTER GRANDPARENT PROGRAM IN CORPUS CHRIST1. IAM VERY ACTIVE WITH MY PARISH OF HOLY FAMILY IN VARIOUS MINISTRIES. Registered Voter? ®Yes No Current resident of the city? pp Yes QNo 47 It yes, how many years/ Upload a Resume Please upload any addition<:I sipporung dacumcnrs 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. ® !Agree Consent for Release of Information I 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 I swear that all of the statements included in my application are true and correct. El !Agree Board -specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Direct Service Agency City Of Corpus Christi LIBRARY BOARD BOARD DETAILS OVERVIEW SIZE 9 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years CONTACT 1 Sylvia Sanchez (361) 826-7070 sylvias@cctexas.com The Library Board shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. DETAILS COMPOSITION Nine (9) members of w hich seven (7) members shall be appointed for tw o -year teras by the City Council, one (1) member shall be nominated by the La Retama Club, and one (1) shall be nominated by the Friends of the Corpus Christi Public Libraries Board for a term of tw o -years. Each nominee must be confirmed by a majority of City Council Members. CREATION / AUTHORITY Section 2-75, Code of Ordinances. Ordinance Nos. 1889, 12044, 13235, 18473, 18606, M85-0399, 8-27-85; 19830, 7-7-87; M87-0330, 9-22-87; 20115, 12-17-87; 20294, 5-3-88; 20674, 5-16-89; 022900, 4-15-97; 027945, 11-18-08. MEETS 1st Tuesday of every month, 10:30 a.m., La Retama Central Library Board Room, 2nd Floor, and occasional location changes to other Branch Libraries. TERM DETAILS Two-year terms. DEPARTMENT Libraries Name Abigail Bair Rachel Buck Evelyn Sue Donahoe Jessica Hamilton John Keys Brian Solarek Julia Stafford Board name LIBRARY BOARD Seeking Reappointment District 4 Partial 11/05/15 Member 91% 10/11 meetings (1 exc.) LIBRARY BOARD Seeking Reappointment District 4 1 11/05/15 Member 100% 11/11 meetings LIBRARY BOARD Resigned District 2 2 11/05/16 Member LIBRARY BOARD Resigned District 4 1 11/05/16 Member LIBRARY BOARD Has met the six-year term limitation District 4 3 11/05/15 Member LIBRARY BOARD Seeking Reappointment District 4 1 11/05/15 Member 100% 11/11 meetings LIBRARY BOARD Seeking Reappointment District 5 1 11/05/15 Chair 100% 11/11 meetings Diana Broyles LIBRARY BOARD Active District 4 1 11/05/16 La Retama Club Member Natalie Rogen LIBRARY BOARD Active District 4 3 11/05/16 Friends of the Libraries Board Member Library Board Members January 19, 2016 Seven (7) vacancies with terms to 11/5/16 and 11/5/17. St. Work Phone Library Board Applicants January 19, 2016 Boards A••I in: For District Em lo er Work Address Cit Juanita Hernandez Margaret Jane Epley Kratzig LIBRARY BOARD District 1 I! LIBRARY BOARD District 2 SELF -DYNAMIC LEARNING OPPORTUNITIES, INC. 235 Chandler Lane Corpus Christi TX (361) 882-8803 Leanne Winkler Libby LIBRARY BOARD District 4 KEDT (SOUTH TEXAS PUBLIC BROADCASTING) 3205 S. Staples Street Corpus Christi TX (361) 855-2213 William Menard, Jr. LIBRARY BOARD District 2 MENARD ELECTRONICS, INC. Harris M. Worchel LIBRARY BOARD District 5 RETIRED BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 05, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Juanita Prefix arre Email Address Middle Initial Hernandez Lasr. Name Which Boards would you like to apply for? LIBRARY 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 Employer WorkAddress- Street Address and Suite Number WorkAddress- City WorkAddress- State Alternate Phone Job Title State Postal Code WorkAddress- Zip Code Work Phone none available Work E-mail address Home/Primary 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: No Education, Professional and/or Community Activity (Present) High School Graduate. Currently, I volunteer at the Food Bank, church and children's school. Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 12+ If yes, how many years? Juanita Resume.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 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 I 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. II IAgree Oath I swear that all of the statements included in my application are true and correct. N IAgree JUANITA HERNANDEZ OBJECTIVE position in a company where I can be used to my fullest potential. I searching for a career not a job. QUALIFICATION SUMMARY Over five years of well-rounded speciali-'ed experience gained as an employee of Jason's Deli Corporation. Bac ground includes the position of Assistant Catering Coordinator. Focused and competent individual with demonstrated bac ground of professionalism and achievements. Additional highlights include: • Excellent interpersonal and communication s ills. • Strong and dependable wor ethic. • Well-organi-'ed and responsive to high standards. PROFESSIONAL EXPERIENCE First Baptist Church Harlingen Harlingen, TX Preschool Teacher *Responsibilities included caring for children ages 3-4 years Jason's Deli Corporation Corpus Christi, TX Assistant Catering Coordinator/Supervisor • Responsibilities include the coordination of catering duties. • Responsible for the supervision and management of employees. 8/2011 —6/2012 7/2002 —12/2006 Wells Fargo Ban 1/2001 —4/2002 Port Lavaca, TX Bank Teller/Customer Service Representative • Responsibilities included the daily transactions of business and individual ban ing needs. • Coordinated daily administrative activities. EDUCATION 2001- Administrative Assistant, Texas Vocational School, Victoria, Texas Courses: Business Math, Management Principles, Office Procedures, Business Communications, Computer Applications, Accounting, College English, Professional Development, Computer Applications for Boo eeping/ Accounting. 1996 - Calhoun High School Port Lavaca, TX Achievements: Texas Scholar Graduate and warded Outstanding Senior REFERENCES AVAILABLE UPON REQUEST BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Jan 11, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Margaret Jane Eley Kratzig First Name Middle Last Name Initial Which Boards would you like to apply for? LIBRARY BOARD Street Address Suite orApt City District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone self - Dynamic Learning Opportunities, Inc. Employer 235 Chandler Lane Corpus Christi WorkAddress - City WorkAddress- State 78404 President and owner Job Title State Postal Code WorkAddress-Zip Code 361-882-8803 Work Phone jkratzig@hotmail.com Work E-mail address Home/Primary 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) B. A. English - Tulane University M.A. English - TAMU-Kingsville - retired Instructor of English from TAMU- Kingsville and TAMU-CC Dynamic Learning Opportunities, Inc. - private tutoring service for middle and high school courses, college application and essay, ACT and SAT and other test preparation, and general tutoring; manage 6 -10 tutors. website: www.dlotutor.com Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 42 years If yes, how many years? Resume2updated20113.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. 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 I 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. II IAgree Oath I swear that all of the statements included in my application are true and correct. N IAgree EDUCATION GRADUATE 1964 JANE EPLEY KRATZIG f Texas A&M University, Corpus Christi, Texas Technical and professional writing (9 hours), 1994-95 Texas A&M University, Kingsville, Texas M.A. in English, graduation August 1994 Tulane University, TAPES Program (a work scholarship program) New Orleans, Louisiana, 1971-72 Elementary Teacher's Certificate 15 hours for Master's Degree, 1971-72 Oxford University Graduate Summer School History, Literature, and Arts of Seventeenth Century England, Oxford, England, UNDERGRADUATE B.A. in English, Sophie Newcomb College of Tulane University, New Orleans, Louisiana, 1965 Randolph -Macon Woman's College, Lynchburg, Virginia, 1961-1963 PROFESSIONAL Robert A. Cornesky Workshop, "Turning Continuous Quality Improvement into Classroom EDUCATION Practice: A Group Learning Approach" Certificate of Completion - January 1999 PowerPoint Course Certificate of Completion - August 1999 Johnson and Johnson Cooperative Learning Foundation Course Certificate of Completion - November 1997 A Seminar, "Using Daedalus Integrated Writing Environment to Teach Writing and Literature," sponsored by the University of Texas at Austin and the Daedalus Group Certificate of Completion - August 1995 Tutor Trainer, Corpus Christi Literacy Council, 1986-88 Literacy Volunteers of America (LVA) Tutor Certification LVA Tutor Trainer Certification Laubach International Tutor Certification Laubach International Tutor Trainer Provisional Certification Randolph -Macon Woman's College Admissions Representative Conference on Admissions Procedures Lynchburg, Virginia, 1986 New York Institute of Finance, Stock Brokerage Procedures, 1969 Licensed Stock Broker, certified by: National Association of Security Dealers New York Stock Exchange Texas Securities EMPLOYMENT TEACHING - TEXAS A & M UNIVERSITY - CORPUS CHRISTI COLLEGE OF ARTS AND HUMANITIES 2000-2005 Half-time Instructor of English • First -Year Learning Communities Program: Environmental Science, Sociology Tetrad; History, Political Science Tetrad; Psychology, Music Tetrad; History Triad TEACHING - TEXAS A & M UNIVERSITY - KINGSVILLE LANGUAGE AND LITERATURE DEPARTMENT 1998-2000 Instructor - Language and Literature Department • English Composition, Technical Writing, and Sophomore Literature (Poetry and Novel) 1995-1998 Visiting Instructor - Language and Literature Department • English Composition and Technical Writing • Coordinator of the Writing Across the Curriculum Center and the Computer Classroom COLLEGE I 1994 Adjunct Instructor - Fall Session - College I - Developmental English 1994 Graduate Assistant Instructor - First Session Summer School - Developmental English OTHER TEACHING 1989-92 Adjunct Instructor - Fall Semesters - English Department, Del Mar College, Corpus Christi, Texas 1972-73 Teacher - St. Martin's Episcopal School, New Orleans, Louisiana 1971-72 Tulane TAPES Program Teaching Assistant • Isadore Newman School, New Orleans, Louisiana • Open Classroom System, Arabi Park Middle School, New Orleans, Louisiana 1970-71 Teacher - Sanderson Elementary School, Houston ISD, Houston, Texas 1965-66 Teacher - Kehoe Academy, New Orleans, Louisiana 1962-63 Student Assistant - Randolph -Macon Woman's College Nursery School, Lynchburg, Virginia OTHER EMPLOYMENT 1989 -Present President/Owner - Dynamic Learning Opportunities, Inc. (incorporated January 1, 1996) tutoring, public relations, communications, writing, and editing • private tutoring service for middle and high school courses; college application and essay; ACT, SAT, and other test preparation; general tutoring for all ages • coordinate approximately fifteen tutors for one-on-one tutoring services • visit with counselors of South Texas high schools to discuss students' preparation for college 2000 -Present SAT Preparatory Course • prepared syllabus for teaching a 37 -hour SAT Preparatory Course and trained tutors • arrange for tutors to teach SAT Courses and students to take SAT Courses at Moody High School, Incarnate Word Academy, and other sites in Corpus Christi and Kingsville 1988-95 Public Relations, Freelance Writer, Corpus Christi, Texas • produced newsletters and brochures, edited manuscripts SPECIAL AWARDS 2001 TAMU-CC Recognition for Contributing to the Texas Higher Education 2001 Star Award Winner First -Year Learning Communities Program 1996 Y Women in Careers Nominee for Entrepreneur of the Year, YWCA, Corpus Christi, Texas 1987 Management Assistance Program, Commendation from the City of Corpus Christi 1986 Outstanding Contributions to the Corpus Christi Area Reading Council, State Award and Commendation from the International Reading Association 1986 Chairman - Corpus Christi Literacy Commission, Appointment by the City Council 1984 Corpus Christi '90 Education Task Force, Appointment by the City Council PROFESSIONAL PRESENTATIONS 2002 "Preparing for College Entrance," for King High School Academic Booster Club meeting 2002 "Preparing Your Children for Academic Success and Entrance to Colleges of Their Choices," for Alpha Child Club meeting 2001 "Testing (ACT/SAT/PSAT/SAT II) for Entrance to College: The Differences in the Tests and the Various Ways They Are Used by Colleges and Universities during the Application Process," for Ray High School Academic Booster Club and P.T.A. meeting 2000 "College Entrance Requirements: PSAT/SAT/ACT Exams and Applications," for Carroll High School Academic Booster Club meeting 1998 "Preparing for College Entrance," for Ray High School Academic Booster Club meeting 1998 "Cooperative Learning in a Technical Writing Course," a PowerPoint presentation, presented jointly with Dr. Donna Halford at Texas A&M University - Corpus Christi Conference, "Anticipating Change: Innovations in Teaching, Learning and Assessment" 1997 "The Implementation of Writing Center/Writing Across the Curriculum Programs on Texas College & University Campuses," a collaborative session, presented jointly with Dr. Cathy Downs and Dr. Donna Halford at the College Teachers of English Conference and the Conference of Texas Association of Writing Centers in South Padre Island, Texas. We facilitated the Writing Center representatives and wrote a paper based on information from them, entitled "Writing Centers in Texas: Frustrated, Fragmented, but Fervent" 1996 "The Computer Classroom and Cooperative Learning: Interactive Conversations and New Connections and Challenges," presented jointly with Dr. Donna Halford in Kingsville, Texas, for Texas Council of Teachers of English Conference 1995 "American Female Series Detectives: A Study of Three Representative Types," Conference of College Teachers of English, Sixtieth Annual Meeting, Waco, Texas 1986 "The Corpus Christi Literacy Commission - Its History and Its Future," International Reading Association Conference, Corpus Christi, Texas 1986 "So You Want To Do Something About Illiteracy - One Community's Experience," presented jointly with Susan Hopkins at the Adult and Community Education Conference in Austin, Texas, sponsored by the Texas Education Association PUBLICATIONS 2002 American Female Series Detectives, my Masters Degree thesis, is being expanded for publication by McFarland Press 1995 Book Review Essay of By A Woman's Hand: A Guide to Mystery Fiction by Women, published in Volume 18, Issue 1 of Clues: A Journal of Detection (Spring/Summer 1997) PROFESSIONAL ACCOMPLISHMENTS TEXAS A&M UNIVERSITY - CORPUS CHRISTI CONTINUING PROFESSIONAL EDUCATION 2002 participant — Brenda Miln's teaching circle 2002 "Employee Development Day" 2002 "Summer Teaching Institute" 2002 Panelist, "Best Practices in First -Year Learning Community Programs" 2002 "1302 Workshop" 2002 Center for Teaching Excellence Course for Web Design 2002 January "Teaching Institute" 2002 participant - Geoff Lumb's teaching circle 2002 "Mid -Winter Teaching Institute" 2001 participant - reading circle for Gaining Ground in College Writing by Richard H. Haswell 2001 participant - Susan Wolff -Murphy's teaching circle 2001 "WEBCT Seminar" 2001 "Summer Teaching Institute" 2001 "Two Cross -Disciplinary Workshops: Furthering Communication Skills of Upper Division Students" 2001 "The First Ever Winter Teaching Institute" 2001 Arts and Humanities "Library Breakout Session" 2001 "Winter Web Workshop" presented by The Center for Teaching Excellence 2000 "English 1302 Workshop" 2000 "Summer Teaching Institute 2000: Regeneration at the Core" COMMITTEE AND ADMINISTRATIVE ASSIGNMENTS 2000-2005 First -Year Learning Communities Program -Tetrad and Triad meetings and FYLCP meetings 2000-2002 Women's Center History Month Committee 2001-2005 "Telling Our Grandmother's Stories," participated by acting as hostess and showing quilt and cookbook ATTENDANCE AT AND SUPPORT OF GENERAL UNIVERSITY FUNCTIONS 2001-2002 Member of TAMU-CC Scrabble Team, competitor in the CC Literacy Council Tournament, Second Place Winner in 2002 2001-2002 Education Scholarship Judge for the Ford Salute to Education Scholarship Program 2001 Textbook Review of Academic Communities/Disciplinary Conventions for Prentice Hall Publishing Company 2001 Haas Writing Awards Competition: First Place English 1301 Award won by my student Lance Smith for his essay "Street People" TEXAS A&M UNIVERSITY - KINGSVILLE EXTRACURRICULAR INVOLVEMENT 2000 Writers' Group - informal group of creative writers at TAMUK 1999 English Club - Charter Member • Planned January English Club Meeting; arranged for speaker, Ann Major (Margaret Cleaves), a best-selling author of Romance Novels • Assisted with food and arrangements for all meetings 1997-1999 Faculty Senate Committee Appointee for University Development Day Committee • Arranged for speakers for university faculty/staff development days and introduced speakers 1997-1999 Participation in Hoggie Days; Panelist in Roundtable Discussion for Parents, "How to Let Go of Your College Age Children" 1996-1997 University Writing Across the Curriculum Task Force Member 1995-2000 Language and Literature Committee Appointments • Freshman/Sophomore Committee • Computer Classroom and Technical Committee 1995-1999 Deming Group - informal university wide group for quality improvement of TAMUK MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS College Teacher's of English (CCTE) Popular Culture Association Corpus Christi Business and Professional Women's Club Texas Council of Teachers of English (TCTE) FINANCE, MANAGEMENT, PROJECT DEVELOPMENT, FUND RAISING 1990-1991 Manager and Fundraiser for OLYMPIC SAILING CAMPAIGN for Elizabeth Kratzig 1986-1988 First Chairman of CORPUS CHRISTI LITERACY COUNCIL • wrote $143,000 grant for a Computer Reading Center • researched, developed, and implemented program involving the following aspects: board, goals, by-laws, incorporation, budget, fundraising, staff, JTPA grant administration, community awareness presentations, one-on-one adult reading program 1984-1986 Corpus Christi '90 Education Task Force • Chairman of Subcommittee on Higher Education • Chairman of Subcommittee on Literacy 1985-1987 Steering Committee for MANAGEMENT ASSISTANCE PROGRAM • designed and developed the Management Assistance Program (MAP), an outgrowth of the Funding Information Library (FIL) of CCSU and community volunteer seminars, now a part of the Volunteer Center 1983-1986 Initiator of Annual Comprehensive Seminars (first of four) • seminars for area volunteers and non-profit agencies, given jointly by the Volunteer Center, Jr. League, DOVIA (Directors of Volunteers in Agencies), and FIL • Co -Chairman "Board Dynamics for Volunteers: Management by Objective" • Co -Chairman "Volunteering - A Respectable Business, Creative Financial Planning for the 80's" • Co -Chairman "Creative Leadership in Voluntary Organizations, Techniques for Problem Solving" • Chairman, Moderator, and Speaker "Fundraising and a Whole Lot More" 1983-1986 Trainer for Volunteer Center Board 1976-1977 Vice -President of Auxiliary to the CREATIVE ARTS CENTER PUBLIC RELATIONS, COMMUNICATIONS, MARKETING 1985-1995 Admissions Representative for South Texas, RANDOLPH-MACON WOMAN'S COLLEGE 1985 Vice -President of VOLUNTEER CENTER BOARD • researched and edited A Guide to Successful Seminar Planning, published in Spring 1984, by the Jr. League of Corpus Christi, Texas 1985 Co -Chairman of Public Relations, BAYFEST • arranged for new jingle (written, recorded locally) • produced, co-authored script of Bayfest Movie shown on Public Access T.V. 1984 Co -Chairman of Waterfront Area, BAYFEST BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Dec 06, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Leanne Prefix Email Address Middle Initial Winkler Libby Last Name Which Boards would you like to apply for? LIBRARY 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. 11111111111=11111111 11111MINININI Primary Phone Alternate Phone KEDT (South Texas Public Broadcasting) Director of Corporate Support 3205 S. Staples Street WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress- State 78411 State Postal Code WorkAddress-Zip Code (361) 855-2213 Work Phone leannewi nkle r@ kedt.or Work E-mail address Work 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) Director of Corporate Support, KEDT 2015 Board Member, Association of Fundraising Professionals, Coastal Bend Chapter Member, American Advertising Federation Corpus Christi Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 15 If yes, how many years? Leanne Winkler Libby_ Resume_ December_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 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 I 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. II IAgree Oath I swear that all of the statements included in my application are true and correct. N !Agree Leanne Winkler Libby QUALIFICATIONS SUMMARY Experienced communications professional whose work earned state and national awards combines skills with passion for service excellence. Extensive journalism experience brings authenticity to marketing strategy, including social media campaigns, communications materials and relationship -building. WORK EXPERIENCE Director of Corporate Support, September 2013 -present KEDT, Corpus Christi, Texas •Develop partnerships with local, state and national businesses, nonprofits and government agencies to secure program sponsorships for KEDT-TV and KEDT-FM. • Secure corporate sponsorships for fundraising events, including Food & Wine Classic and Classic Brew. • Write/edit station publicity copy, including press releases, e -blasts, brochure copy and online copy. Lead station's social media strategy. News Director, December 2012 -August 2013 KEDT, Corpus Christi, Texas • Hosted "Morning Edition" and "Mid-day Report," including selecting and editing news stories from wire service; record and edit interviews with local, state and national sources. • Established consistent social media presence for radio department. • Actively involved in station fundraising, including FM pledge drives, social media support for events. • Developed and executed social media strategy for 2013 Auction. • Wrote/edited promotional copy, including press releases, e -blasts and online copy. Freelance Writer/Communications Director, May 2005 -November 2012 • Experience included daily journalism, magazines and corporate communications. • Exemplary performance as journalist led to advisory role for corporate accounts, including capital campaigns, social media, online and print copy. • Client list included Kennedy Dental Care, Rockport Seafair, San Antonio Express -News, Frontier Airlines' in-flight magazine, Journal Communications and Kirkus Discoveries. • Strong performance as Corpus Christi Caller -Times staff writer led to frequent freelance work at the paper, including twice -weekly news column. Solely responsible for planning column content. • Column analyzing local and national news received state and national recognition. Reporter/Editor, June 2000 -May 2005 Corpus Christi Caller -Times, Corpus Christi, Texas • Award-winning coverage of health and medical beats for news, business and features sections. • Took lead role in determining coverage, coordinating photo shoots and writing headlines. • Weekly health column earned state -level award. • Promoted from features writer after extensive package about King Ranch earned state -level award. • Edited weekly "Homefront" section (2001); interim Special Sections editor (Dec. 2003 -Feb. 2004). Writer/Editor, April 1997 -April 1999 Kaiserslautern American, Ramstein Air Base, Germany • Served on public affairs team, including media relations in aftermath of 1998 embassy bombings, Special Olympics and change -of -command ceremonies. • Reporter for weekly newspaper serving largest military community outside the United States. • Runner-up, Civilian Journalist of the Year, 1998 U.S. Army -Europe journalism contest. Writer/Editor, August 1996 -November 1996 53rd Area Support Group, Bad Kreuznach, Germany • Managed editorial and publicity departments during editor's maternity leave. • Wrote press releases for community newspapers and The Stars and Stripes; wrote radio spots for American Forces Network. • Edited 53 Magazine, expanding coverage of community programs and troops' return from Bosnia. Marketing Coordinator, August 1994 -February 1996 Harcourt Brace College Publishers, Fort Worth, Texas • Promoted from editorial assistant (Feb. 1993 -Aug. 1994). • Requested and received all copywriting assignments for three disciplines. • Attended national and regional conventions as publisher's representative. EDUCATION • Master of Science in Journalism, Ohio University, Athens, Ohio • Bachelor of Arts in English, Trinity University, San Antonio, Texas HONORS & ACTIVITIES 2015 Coastal Bend Chapter, Association of Fundraising Professionals — Board Member Nine -time finisher, Harbor Half Marathon 2011 Texas Associated Press Managing Editors Award, Third place, General Column 2010 National Society of Newspaper Columnists Award, Third place, General Column 2010-2012, Volunteer Grant Writer, Island Foundation 2007-2010, Vice President of Public Relations, Island Foundation Board of Directors 2005 Texas Council of Community MHMR Centers: Frank M. Adams Award BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Apr 10, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile William Prefix Email Address Middle Initial Menard J r. Which Boards would you like to apply for? AIRPORT BOARD, ANIMAL CARE ADVISORY COMMITTEE, BOARD OF ADJUSTMENT, CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION, ETHICS COMMISSION, HUMAN RELATIONS COMMISSION, LIBRARY BOARD, MAYOR'S FITNESS COUNCIL, OIL AND GAS ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE Street Address Suite orApt District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone MENARD ELECTRONICS, INC. Employer WorkAddress- Street Address and Suite Number WorkAddress- City PURCHASING MANAGER Job Title State Postal Code WorkAddress- State WorkAddress-Zip Code Work Phone Work E-mail address Home/Pri mary 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) BRAZOSWOOD HIGH SCHOOL, CLUTE, TX 1999; TEXAS A&M UNIVERSITY -CORPUS CHRISTI, B.A. IN POLITICAL SCIENCE -GRADUATING AUGUST, 2014. Registered Voter? QQYes QNo Current resident of the city? • Yes Q No 6 If yes, how many years? Bryan_Menard 2015_resume2 .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. RI I Agree Consent for Release of Information I 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. ® lAgree Oath swear that all of the statements included in my application are true and correct. Z (Agree Bryan Menard Jr. Experience Menard Electronics, Inc. Houston, TX/Baton Rouge, LA/Corpus Christi, TX Special Projects Manager August 2012 - Present • Managed operations of multi -branch electrical and electronics distribution business • Analyze distribution operations and formulate strategies for improvements in productivity and reduce costs • Coordinate with management on recommended changes, collaborate via presentations, meetings, and regular on-site visits • Manage relationships with third -party vendors and suppliers • Decommissioned on-site servers; Implemented and continue to manage Office -in -the -Cloud functionality • Streamlined operations, moving toward paperless system slowly and methodically in order not to disrupt ongoing operations and continuity with existing staff members • Oversaw relocation of front-office functions from Louisiana to Texas • Managed and oversaw renovation of Louisiana facility from corporate headquarters to branch location • Rewrote and continue to manage operations and procedures manuals for accounting, sales, and warehouse operations • Built team of four accounting staff to manage new operation in Texas • Administer Prophet 21 Distribution System & Wireless Warehouse • Regular travel between Corpus Christi, Houston, and Baton Rouge • Extensive use of Webex/Teleconferencing for coordination between management of multiple branches, reducing travel & related expenses Purchasing/IT Manager November 2004 -August 2012 • Managed purchasing department of a multi -branch distribution firm • Expedited orders, updated required dates • Oversaw IT -related issues, including two major server installations/upgrades as well as day-to-day operations • Manage inventory valued at more than $ 500,000 • Converted warehouses to bar-code binning • Oversaw conversion from dot matrix to laser printing • Manage relationships with numerous major vendors • Correspond daily with manufacturers and suppliers • Implemented/Maintained Site -to -Site Secure VPN • Administered Prophet 21 Distribution System Inside Sales Representative June 2000 - November 2004 • Managed assigned accounts in the Baton Rouge, LA area • Provided sales support for assigned clients • Provided technical support to all clients of the Baton Rouge branch • Established new client relationships Education: Texas A&M University - Corpus Christi Corpus Christi, TX 110 hours toward BA - Political Science (part time) 2008 -Present Estimated Graduation: May 2016 Research Emphasis: Regulatory Politics Brazoswood High School Clute, Texas Graduation - May 1999 Additional Skills: • Class B Commercial Driver License • Experienced in Windows and Mac OS environments • Proficient in Microsoft Office • Excellent penmanship • 75 wpm typing rate References: Available upon request BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Sep 16, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prefix Email Address Harris First Name M Worchel Middle Las; r me Initial Which Boards would you like to apply for? LIBRARY 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 Retired N/A WorkAddress- Street Address and Suite Number N/A WorkAddress- City N/A WorkAddress- State N/A Librarian Job Title State Postal Code WorkAddress-Zip Code N/A Work Phone worchel@swbell.net Work E-mail address Home/Pri mary 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) Master of Library Science, Sam Houston State University, 1986; Bachelor Degree, English, University of Houston, 1980; 30 years experience as a professional librarian Registered Voter? * Yes 0 No Current resident of the city? ii Yes 0 No 1.5 If yes, how many years? resume worchel 2015.doc Upload a Resume references_worchel.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 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. IX (Agree Consent for Release of Information I 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. N I Ag ree Oath I swear that all of the statements included in my application are true and correct. I Agree Harris M. Worchel Job Experience 12/1991— 6/2006 Aramco Services Company, Houston. TX Senior Advisor - Information Services • Supervised six people in a fast paced multi -national engineering environment in addition to training and scheduling • Performed budgeting for a million dollar operation • Provided research using online and manual resources • Developed specifications and managed contracts for worldwide operations • Implemented automated library system • Designed and supervised projects to convert hard copy manuals and engineering project records to electronic format and integrate them into document management system • Supervised acquisitions, inter -library loan, research and graphic design functions • Promoted library services throughout the company 12/1988 — 12/1991 Washington Post, Washington, DC Chief Photo Librarian • Supervised five full time equivalents (FTE) • Developed photo cataloging system • Developed photo collection development policy • Performed graphic research under tight deadlines • Investigated automated photo research system 7/1976 — 12/1988 Houston Post, Houston, TX Assistant Chief Librarian • Supervised part-time staff of four FTE • Indexed newspaper articles using automated system • Assisted in design of automated library system • Performed research using online and manual resources • Indexed photos published in daily newspaper Education 5/1986 M.L.S. Sam Houston State University, Majored in Library Science, graduated with a 4.0 grade point average 12/1980 B.A., University of Houston, Majored in English 5/1974 First Graduating Class, High School for Performing & Visual Arts, Majored in Instrumental Music Resume of Harris M. Worchel (continued) Papers Presented • 1983 Special Libraries Association Annual Conference held in New Orleans, Louisiana - presented paper dealing with automation of newspaper articles • 1990 Special Libraries Association Annual Conference held in Pittsburgh Pennsylvania - presented paper dealing with automating photo collections • 1994 Arabian Gulf Chapter of the Special Libraries Association held in Manama, Bahrain - presented paper regarding the use of Paradox software to create and maintain an acquisitions and payment system • 1999 Arabian Gulf Chapter of the Special Libraries Association conference held in Muscat, Oman - presented a paper regarding the creation of a virtual library. Memberships • 1981— 2006 Special Libraries Association, member of Texas Chapter, Arabian Gulf Chapter, News Division, Energy Division, Engineering Division • 1995-2006 Process Industry Practices, served as co-chairman and chairman of the Document Management Team and the Work Processes Improvement Team Publications Worchel,Harris. "The Washington Post Photo Library" Popular Culture in Libraries 1 (1992): 101-126. Served as Consulting Editor for Popular Culture in Libraries from 1992-1997 Editor of Conference Papers for Conference of Methods, Strategies and Technologies to Reduce Total Equipment Ownership Cost, 1997 Awards and Honors • 1974 - Dean's List, University of Houston • 1978 - Dean's List, University of Houston • 1989 — Invitee, White House News Photographers Association Annual Awards Dinner • 1997 — Service Award for Conference of Methods, Strategies and Technologies to Reduce Total Equipment Ownership Cost • 2000 — Employee Rewards and Recognition Award, Aramco Services Company • 2001 - Employee Rewards and Recognition Award, Aramco Services Company • 2001— Outstanding Service Award, Process Industry Practices • 2002 — Outstanding Service Award, Process Industry Practices Harris M. Worchel References Frank Hoffmann Retired Professor — Library Science Sam Houston State University P.O. Box 8313 Bloomington, IN 47407 Kathy Foley Senior Product Manager Media Services Division, NewsBank, Inc. 4501 Tamiami Trail, North Suite 316 Naples, FL 34103 Bill Traylor Director of Human Resources Seadrill Americas, Inc. 11210 Equity Drive, Suite 150 Houston, TX 77041 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of January 12, 2016 Second Reading Item for the City Council Meeting of January 19, 2016 DATE: TO: December 15, 2015 Ronald L. Olson, City Manager FROM: Jay Ellington JayEII(a�cctexas.com 361-826-3442 Motion approving a Lease Agreement with Driscoll Foundation for youth baseball program at Clara Driscoll Field located at 4235 Baldwin Blvd CAPTION: Motion to authorize the City Manager or designee to execute a Five-year Surface Lease Agreement with the Robert and Julia Driscoll and Robert Driscoll Jr. Foundation to lease 4.23 acres of land known as Clara Driscoll Field located at 4235 Baldwin Blvd. to be used for a youth baseball program. PURPOSE: These Premises shall be used for the purpose of the Corpus Christi Police Athletic League (C.C. PAL) operating a little league baseball field and related facilities. BACKGROUND AND FINDINGS: The City of Corpus Christi has leased these premises from the Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation since 1998. The City has subleased these premises to the Corpus Christi Police Athletic League for the purpose of organizing a youth baseball league. The current sublease is in effect until April 2020. ALTERNATIVES: Do not approve lease OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City council must approve all leases EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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 motion. LIST OF SUPPORTING DOCUMENTS: Lease agreement between the Driscoll Foundation and The City of Corpus Christi SURFACE LEASE AGREEMENT CLARA DRISCOLL FIELD This surface lease agreement ("Lease") is entered into by and between Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation ("Driscoll Foundation") and the City of Corpus Christi ("City"). WHEREAS, Driscoll Foundation owns 4.23 acres of land located in the Corpus Christi Industrial District, Section 2, Lot 8, Block G, also known as 4235 Baldwin Boulevard, shown on the attached Exhibit "A" ("Premises"); WHEREAS, the City desires to lease 4.23 acres of land; and NOW, THEREFORE, the parties, in consideration of the mutual promises and covenants herein, agree as follows: 1. TERM - Driscoll Foundation leases the Premises subject to all of the terms and conditions of this Lease to the City. The term of this lease shall be for five (5) years, beginning on the day of City Council approval of this Lease, unless sooner terminated as set out herein. Upon Effective Date, this lease terminates any prior lease between the parties for use of said Premises. Either Driscoll Foundation or City may terminate this Lease, without cause, by giving six (6) months written notice. 2. PRIMARY USE - The Premises shall be used for the purpose of operating a little league baseball field and related facilities thereon and for no other purpose. 3. CONSIDERATION - Driscoll Foundation shall charge $E to the City of Corpus Christi annually for this surface lease. In consideration that Driscoll Foundation does not collect any monies for this surface lease, Driscoll Foundation, Driscoll Children's Hospital, and/or Driscoll Surface Lease Agreement for Clara Driscoll Baseball Field Page 1 Children's Health Plan reserve the right to display advertising signage at the Clara Driscoll Baseball Field at no charge. 4. CITY OF CORPUS CHRISTI RESPONSIBILITIES - Maintenance - City, or Sub -lessee, shall maintain the Premises and keep all amenities in the state of good repair. City, or Sub -lessee, shall pay all utilities at the Premises. Premises shall be used in accordance with the Driscoll Foundation's rules and regulations during the term of this Lease. Taxes - City, or Sub -Lessee, shall pay all ad -valorem property taxes, if any, assessed against the leased premises, and furnish proof of such payment to Driscoll Foundation on or before January 31 of each year during the term of this Lease. 5. MISCELLANEOUS - Laws - City and Driscoll Foundation must comply with all applicable federal, state, and local laws, rules and regulations. Alterations - City, or Sub -Lessee, must not make any additions or alterations to any improvement at the Facility without the Driscoll Foundation's prior written consent. Relationship - This Lease establishes a Landlord/Tenant relationship, and none other. In performing this Lease, both City and Driscoll Foundation will act in an individual capacity and not as agents, employees, partners, joint ventures, or associates of one another. The employees or agents of either party are not, nor construed to be, the employees or agents of the other party for any purpose whatsoever. Assignment or Sub -Lease - This Lease, and all obligations hereunder, may not be assigned or sub -leased without prior written approval from Driscoll Foundation. Surface Lease Agreement for Clara Driscoll Baseball Field Page 2 Non -Discrimination - City and Driscoll Foundation covenant that all their respective officers, employees, agents, students, and invitees will be treated equally, without regard to or because of race, religion, national origin, sex, age, or disability, and in compliance with all federal and state laws prohibiting discrimination in employment. Cancellation - This Lease may be cancelled whenever the City fails to comply with the provisions and covenants of this Lease, and fails or refuses to comply after written notice of a violation, recommended cure, and period to cure. Notices - All notices which are required to be sent under this Lease must be sent by certified mail, hand delivered, or electronic delivered as follows: City of Corpus Christi Parks and Recreation Dept P 0 Box 9277 Corpus Christi TX 78469-9277 (361) 826-3460 www.ccparkandrec.com Driscoll Foundation Director of Farm and Ranch 615 N Upper Broadway #1635 Corpus Christi TX 78401-0765 (361) 883-5471 Craig.ShookC,dchstx.orq Waiver - Any waiver to this Lease by either party of a breach of any covenants, terms obligations, or events of default is not a waiver of any subsequent breach, nor does the failure to require full compliance with the Lease change the terms of the Lease or estop the Parties from enforcing the terms of the Lease. Surrender - Upon expiration or cancellation of this Lease, the City will return the Facility to the Driscoll Foundation in reasonably good condition, ordinary wear and tear excepted. The Driscoll Foundation may cancel and terminate this Lease without cause by giving written notice to the City. This Lease shall then terminate and be cancelled effective six (6) months from the date of receipt of the notice from the Driscoll Foundation, or thirty days after the City completes the use of Surface Lease Agreement for Clara Driscoll Baseball Field Page 3 the Facility for official little league games at the end of the little league baseball season following receipt of such notice, whichever occurs first. Indemnity - To the extent allowed by State Law, the City agrees to indemnify and hold the Driscoll Foundation harmless against any and all claims, demands, costs, and expenses, including reasonable attorney's fees for the defense thereof, arising from the conduct or management of City's business on the Premises, or from any breach on the part of the City of any condition of this Lease, or from any act or negligence of the City, its agents, contractors, employees, sub -tenants, sub -Lessee's, concessionaires, or licensees in or about the Premises. In case of any action or proceeding brought against Driscoll Foundation by reason of any such claim, the City, upon notice from the Driscoll Foundation, covenants to defend such action or proceeding by counsel acceptable to Driscoll Foundation. Default - If there is non-compliance with any other terms, Driscoll Foundation will give the City written notice to cure or begin curing the default within thirty (30) days of receipt of the notice. If the cure is not complete or substantially complete within thirty (30) days after City's receipt of the Driscoll Foundation's notice, the Driscoll Foundation may terminate this Lease upon thirty (30) days written notice. Legal form approved day of , 2015 By Name , Title , City Attorney. Executed in Duplicate, each of which are considered an original, this the day of , 2015. Surface Lease Agreement for Clara Driscoll Baseball Field Page 4 City of Corpus Christi By Name and Title 11100011 WON* ilNlltt f a i/ i C �t sa •,gu r I; Assistant City Attorney For City Attorney Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation By: Tom E Dobson, Trustee Joe. . Fulton, Trustee R. Furgas42i„efAagideorm— Robert Trustee a L. Hinojosa, Trust C. Ivan Wilson, Trustee Surface Lease Agreement for Clara Driscoll Baseball Field Page 5 Ex 14 b tor o rd n ctr . e • • cr J Cr w ti S3reVe -. ;;$'Y •W . treff/'9/ff 74:."215` ex' /6 - <S - e.. .. crr Pelt./ C"6 7.H LJ X7_ 7 1 0 a rq w i• v It 1r,. t n w t• tNI )1° at N r c e c c i z u_ > 0 rO-,a0^n! L'L_ _ /.a. • 6 • i_*rct.• • a •v 411 Er C 0: r. . 1 d, Mb AGENDA MEMORANDUM Future item for the City Council Meeting of January 12, 2016 Action item for the City Council Meeting of January 19, 2016 DATE: January 7, 2016 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of 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 CAPTION: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 Engineering Construction Contract CCIA Runway 18 MALSR Station 12 & 14 Access Safety & Site Improvements Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $523,153 for the Corpus Christi International Airport (CCIA) Runway 18 Medium Approach Light System with Runway Alignment Indicator Lights (MALSR) Stations 12 & 14 Access Safety & Site Improvements for the Base Bid, with 90% of the contract funded by Federal Aviation Administration (FAA) grant. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Bay, Ltd. of Corpus Christi, Texas for the CCIA Runway 18 Medium Approach Light System with Runway Alignment Indicator Lights (MALSR) Stations 12 & 14 for safety & site improvements. BACKGROUND AND FINDINGS: This project includes paving, drainage and traffic safety improvements for the access to work sites for Runway 18 MALSR Stations 12 and 14. This project does not include any work within airport property, but is located within the immediate vicinity of said Medium Approach Light System with Runway Alignment Indicator Lights (MALSR) stations (with operating equipment for Runway 18 landing approaches). Construction of this project will be coordinated with TXDOT, FAA and CCIA to ensure compliance with all applicable requirements. The paving includes approximately 1,400 square yards of concrete pavement and 300 linear feet of new and relocated concrete safety barrier. Additive Alternate One includes 290 linear feet of concrete drainage flume for Station No. 14 and it will not be constructed at this time. This project was designed and re -bid twice in attempt to maximize competition. Only one bid was received both times. The City does not believe a third re -design and re -bid will be of any benefit. On July 29, 2015, the City received proposals from one (1) bidder and the bid is as follows: Contractor Base Bid Add Alt 1 Total Bay, Ltd. Corpus Christi, Texas $523,153.00 $13,050.00 $536,203 ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, KSA Engineers evaluated single bid and determined that Bay, Ltd. was the lowest responsible bidder. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; FY 2015-2016 Airport Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $700,617 $700,617 Encumbered / Expended Amount This item 523,153 523,153 Future Anticipated Expenditures This Project 177,464 177,464 BALANCE 0.00 0.00 Fund(s): FAA Grant and Airport CIP RECOMMENDATION: City staff recommends that the construction contract be awarded to Bay, Ltd. of Corpus Christi, Texas in the amount of $523,153.00 for the CCIA Runway 18 MALSR Stations 12 & 14 Access Safety & Site Improvements for the Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET CCIA Runway 18 MALSR Station 12 & 14 Safety Enhancement Project No. E11046B FUNDS AVAILABLE: Airport CIP $ 700,617.00 TOTAL $ 700,617.00 FUNDS REQUIRED: Construction (Bay, Ltd.) $ 523,153.00 Contingencies (10%) 52,315.00 Construction Materials Testing (Rock Engineering) 5,000.00 Design Fees: Engineer (KSA Engineers)* 83,649.00 Reimbursements: Total Reimbursements $ 36,500.00 Administration/Finance (Capital Programs/Capital Budget/Finance) 9,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 26,000.00 Misc. (Printing, Advertising, etc.) 1,500.00 TOTAL $ 700,617.00 ESTIMATED PROJECT BALANCE $ * Original Engineering Contract awarded by City Council May 17, 2011, M2011-120. This amount reflects Design and Engineering Fees for this project only. 11 Corpus Christi International Airport Project Vicinity VICINITY MAP NOT TO SCALE PROJECT LOCATION PROJECT: E11046B CCIA MALSR Runway 18 MALSR Station 12 and 14 Safety Enhancement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 AGNES ST ri PROJECT LOCATION INTERNATIONAL DR /"EXISTING MALSR WITH - 4 CCESS ROAD rb 17 35 LOCATION MAP NOT TO SCALE PROPOSED MALSR STA. 12 AND 14 SITE IMPROVEMENTS JOE MIREUR RD BEAR LN PROJECT: E11046B CCIA MALSR Runway 18 MALSR Station 12 and 14 Safety Enhancement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 CC!A CORPUS CHRISTI INTERNATIONAL AIRPORT ‘t• Corpus Chr sti Capital Programs Corpus Christi International Airport CLIA Runway 18 Medium Approach Light System with Runway Alignment Indicator Lights (MALSR) Station 12 & 14 Safety Enhancement Council Presentation January 12, 2016 Project Location 10 Corpus Chr sti Capital Programs Corpus Christi International Airport Project Vicinity VICINITY MAP NC TO SCALE 2 Project Layout 4111111114 Corpus Chr sti Capital Programs EXISTING MALSR WITH ACCESS ROAD PROPOSED MALSR STA, 12 AND 14 SITE IMPROVEMENTS PROJECT LOCATION BEAR LN 3 Project Scope tat4 Corpus Chr sti Capital Programs Project includes: • This project includes paving, drainage and traffic safety improvements for the access to and work sites for Runway 18 MALSR Stations 12 and 14. • Approximately 1400 square yards of concrete pavement. • 300 linear feet of new and relocated concrete safety barrier. Project Schedule Corpus Chr sti Capital Programs 2015 2016 Jul Aug Sep Oct Nov Dec Jan Re -Bid / Award Feb Ma r Apr Construction Project Estimate: 90 Calendar Days 3 Months AGENDA MEMORANDUM Future item for the City Council Meeting of January 12, 2016 Action item for the City Council Meeting of January 19, 2016 DATE: December 22, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 Amendment No. 1 Groundwater Monitoring at Cefe Valenzuela Municipal Landfill for FY 2015-2016 CAPTION: Motion authorizing the City Manager, or designee, to extend the timeframe of this agreement by executing Amendment No. 1 to a testing agreement with Tolunay-Wong Engineers of Corpus Christi, Texas in the amount of $100,400 for a restated fee not to exceed $125,300 for the Groundwater Monitoring at Cefe Valenzuela Municipal Landfill for the fiscal year 2015-2016. PURPOSE: The purpose of this Agenda Item is to authorize the selected firm to prepare the annual ground -water monitoring report as specified by the Texas Commission on Environmental Quality (TCEQ). BACKGROUND AND FINDINGS: The Cefe Valenzuela landfill is located southeast of Petronila, Texas and comprises approximately 245 acres in unit one. The landfill is a Type 1 Municipal Solid Waste facility that receives domestic waste and wastewater treatment plant sludge. It is the only operating municipal landfill for the City of Corpus Christi. This contract amendment is necessary to meet TCEQ landfill permit requirements. The permit requires two annual groundwater testing and reporting cycles under TCEQ Title 30 Administrative Code 330 Subchapter J Groundwater Monitoring and Corrective Action. An initial small AE contract was administratively approved to complete the groundwater sampling and laboratory testing of 30 monitoring wells and 3 samples from the leachate collection system. This amendment provides for the analysis and specific reporting requirements for complete permit compliance including: • Groundwater sampling from 30 groundwater wells and the 3 leachate systems, • Laboratory testing of each sample for 15 metals and volatile organic compounds, • Analysis of lab data for compliance, • Verification re -sampling and testing for samples that exceed the TCEQ limit, and • Annual Reporting to TCEQ ALTERNATIVES: 1. Authorize execution of Amendment No. 1. 2. Do not authorize execution of Amendment No. 1. (Not Recommended) OTHER CONSIDERATIONS: Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2014-03. CONFORMITY TO CITY POLICY: The Engineering Contract and selection process comply with the Professional Procurement Act and City Policy. Tolunay-Wong Engineers, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Total Budget $140,000 $140,000 Encumbered / Expended Amount 24,900 $24,900 This item 100,400 100,400 Future Anticipated Expenditures This Project 5,950 5,950 BALANCE 8,750 8,750 Fund(s): Comments: RECOMMENDATION: City staff recommends approval of Amendment No. 1 to a testing agreement with Tolunay-Wong Engineers, Inc. in the amount of $100,400 for a restated fee of $125,300 for the Groundwater Monitoring at Cefe Valenzuela Municipal Landfill for fiscal year 2015-2016. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET ESTIMATE GROUNDWATER MONITORING AT CEFE VALENZUELA LANDFILL FY 2015-2016 E15218 PROJECT FUNDS AVAILABLE: Landfill Operating $ 140,000.00 TOTAL 140,000.00 FUNDS REQUIRED: Fees: Engineering (Tolunay-Wong Engineers) 24,900.00 Engineering (Tolunay-Wong Engineers) Amendment No. 1 100,400.00 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget)(1.50%) 2,100.00 Engineering Services (Project Mgt/Constr Mgt)(2.25%) 3,150.00 Misc. (Printing, Advertising, etc.) 700.00 TOTAL 131,250.00 ESTIMATED PROJECT BUDGET BALANCE $ 8,750.00 Groundwater Monitoring at Cefe Valenzuela Landfill 2015-2016 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 tsi) Corpus Chr sti Engineering Groundwater Monitoring at Cefe Valenzuela Municipal Landfill FY 2015-2016 Council Presentation January 12, 2016 Project Location alk Corpus Chr sti Engineering 2 Project Scope Corpus Chr'sti Engineering TCEQ Permit Required Groundwater Testing • Groundwater sampling from 30 groundwater wells and the 3 leachate systems • Laboratory testing of each sample for 15 metals and volatile organic compounds • Analysis of lab data for compliance • Verification re -sampling and testing for samples that exceed the TCEQ limit • Annual Reporting to TCEQ Project Schedule a a Corpus Chr sti Engineering 2015 2016 Novl Decl Jan Feb Mar Apr May Jun Jul AuglSepl Monitoring Project Estimate: 365 Calendar Days 12 Months CITY OF CORPUS CHRISTI AMENDMENT NO. 1 TESTING AGREEMENT This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and TOLUNAY-WONG ENGINEERS, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Don Rokohl P.E., Branch Manager, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Groundwater Monitoring at Cefe Valenzuela Municipal Landfill (Project No. E15218) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $100,400.00 for a restated fee not to exceed $125,300.00. Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. 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 and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI TOLUNAY-WONG ENGINEERS, INC. Ron Olson City Manager RECOMMENDED (Date) Gustavo Gonzalez, P.E. Assistant City Manager of Public Works and Utilities (Date) Valerie H. Gray, P.E. (Date) Executive Director of Public Works Operating Department (Date) APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) Don R. Rokohl, P.E. Branch Manager 826 South Padre Island Drive Corpus Christi, TX 78416 (361) 884-5050 Office (Date) K:IENGINEERING DATAEXCHANGEIANGIEMISOLID WASTEIE15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-2016WMENDMENT 1115-1215 TESTING AGREEMENT.000 Rev. 12/15/15 f APPROVED Office of Management (Date) and Budget ATTEST Rebecca Huerta City Secretary Project No. E15218 Accounting Unit: 1020-12506-033 Account: 530000 Activity: E15218011020EXP Account Category: 30000 Fund Name: Solid Waste Operating_ Encumbrance No. KIENGINEERING DATAEXCHANGEIANGIEMISOLID WASTE1E15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 s S EXHIBIT A Scope of Services and Fee Schedule KIENGINEERING DATAEXCHANGEIANGIEMISOLID WASTE1E15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 Tolunay-Wong Engineers, Inc. 826 South Padre Island Drive Corpus Christi, Texas 78416 Phone: (361) 884-5050 November 30, 2015 TWE Proposal No. P15 -E097 Mr. Lawrence Mikolajczyk Director of Solid Waste Operations City of Corpus Christi 2525Hygeia St., 78415 Corpus Christi, Texas 78469-9277 Phone: 361 826-1965 Fax: 361 826-1971 LawM@cctexas.com cctexas.com COST PROPOSAL FOR GROUNDWATER MONITORING AT CEFE VALENZUELA MUNICIPAL LANDFILL FOR FISCAL YEAR 2015 - 2016 CORPUS CHRISTI, NUECES COUNTY, TEXAS Dear Mr. Mikolajczk: Tolunay-Wong Engineers, Inc. (TWE) is pleased to submit the following proposal to provide groundwater monitoring services at the above -referenced facility for the City of Corpus Christi's (City) fiscal year of 2015 to 2016. This proposal presents the fees for groundwater monitioring Part 11. The fees for groundwater monitoring Part I were presented in the proposal dated November 17, 2015 Backgrou nd The Site is located southeast of Petronila, TX, and the active area comprises approximately 300 acres. The landfill is a Type I Municipal Solid Waste (MSW) facility that receives domestic waste and wastewater treatment plant sludge. It is currently in active status and groundwater is being monitored on a semiannual basis under the detection monitoring program as specified in Title 30 Administrative Code (30 TAC )330 Subchapter J Groundwater Monitoring and Corrective Action. Constituents being monitored under this program include metals and volatile organic compounds (VOC) listed in 40 CFR Part 258, Appendix I. In the detection monitoring program for this facility, groundwater analytical results are compared to background concentrations that have been determined on an intrawell basis. Statistical background concentrations are current up through 2014 and will not require any additional updates until the end of 2016. Objective The objective of this project is to implement the Groundwater Sampling and Analysis Plan (GWSAP) which outlines the City of Corpus Christi's program for groundwater monitoring in accordance with the requirements of 30 TAC Subchapter J. The groundwater -monitoring program includes consistent sampling and analysis procedures that are designed to ensure Mr. Lawrence Mikolajczyk TWE Proposal No. P15 -E097 November 30, 2015 Page 2 monitoring results that provide an accurate representation of groundwater quality at the Cefe Valenzuela facility. Scope of Work The Scope of Work includes three tasks 1. Semiannual Detection Monitoring of the 30 monitoring wells (MW 1-19, 40-46 plus deep wells MW -2B, MW -11B, MW -12B and MW -13B) for the 15 total metals and volatile organic compounds specified in the current GWSAP. In keeping with prior years of groundwater monitoring, iron, manganese, nitrate -nitrogen, ammonia -nitrogen, and dissolved organic carbon will be analyzed to facilitate the identification of geochemical processes that can mobilize metals, and which may assist with preparing alternate source demonstrations when background is exceeded in a well. In addition, 6 samples (3 per event) will be collected from the landfill leachate collection system to characterize the waste in terms of monitored constituents. This will also assist in preparation of alternate source demonstrations and contaminant fate and transport modeling. 2. Verification re -sampling for wells that exceed the statistically determined background concentration limit. 3. Evaluation of detection monitoring data, identification and reporting of SSIs or alternate sources, preparation of correspondence and submittals to TCEQ, including the Annual Report. TWE will transmit two hard copies and 1 electronic copy of the report to the City and three hard copies to the TCEQ. The scope of work presnted in the cost proposal dated November 17, 2015 requested sufficient funding to only conduct semiannual sampling for 2015. The scope of work presented herein includes the remaining tasks detailed above. Schedule The schedule outlined herein takes up with where the November 17 proposal leaves off, i.e., after the completion of the second semiannual sampling event of 2015 and after an initial notice of exceedance (if necessary) has been submitted to the TCEQ. As required by regulation, any verification sampling must be conducted and reported within 120 days of the 2nd semiannual sampling event of 2015. This period of time will allow up to two verification sampling events along with data review and incorporation into the 2015 Annual Report scheduled to be issued in April 2016. TWE proposes to conduct the first semiannual sampling event of 2016 in April/May 2016. The period following the 1St semiannual event of 2016 will also be utilized for verification sampling if required. The 2016 semiannual sampling event is expected to take about one working week to complete with analytical turnaround time (TAT) requiring two working weeks. Verification sampling, if required, is expected to take no more than 3 days for each event with analytical TAT again requiring two working weeks. All groundwater sampling results acquired in the first eight months of 2016 will be retained for reporting in the 2016 Annual report which is not covered under this cost proposal but will come under the 2016-2017 fiscal year. Mr. Lawrence Mikolajczyk TWE Proposal No. P15 -E097 November 30, 2015 Page 3 Proposed Project Costs TWE will conduct the investigation on a time and material basis for a not -to -exceed base price or $100,400. A cost breakdown for the major tasks is summarized below. Field Sampling Activities (includes 2 Verification Sampling Events) Labor $ 28,950 ODCs $ 4,700 Analytical $ 21,630 Reporting $ 33,350 Project Management $ 11,770 Project Total $ 100,400 Limitations The proposal presented above, including the Scope of Work and schedule, is contingent upon the following assumptions: • TWE will have necessary access to the site. • Level D Personal Protective Equipment is adequate. • Negotiations and/or meetings with TCEQ for any other issues related to the scope of work as outlined in this proposal will not be required. • Unanticipated delays beyond TWE's control will constitute a change order and will be billed according to the attached fee schedule. Closing Remarks If you have any questions or need additional information, please contact me at (713) 722-7064 or by e-mail at drokohl(u�tweinc.com. Sincerely, Tolunay-Wong Engineers, Inc. Don Rokohl, P.E. Corpus Christi Branch Manager Paul Wild Vice President Environmental Services Division Mark Brotherton, P.G. Sr. Project Manager Environmental Services Division EXHIBIT B TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; K:IENGINEERING DATAEXCHANGEIANGIEMISOLID WASTEIE15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court 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 Lab or its agent, Lab under contract or another entity over which Lab 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. Lab shall defend lndemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by lndemnitee. If a claim is based wholly or partly on the negligence of, fault of or K:IENGINEERING DATAEXCHANGEWNGIEMISOLID WASTEIE15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of Certificates of Insurance (COI) 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 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 must be outside policy limits) 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. K:IENGINEERING DATAEXCHANGEIANGIEMISOLID WASTEE15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-2016IAMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 WORKERS' COMPENSATION (AH States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000/$500, 0001$500, 000 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Applicable for paid employees, Lab 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 Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab'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. Lab is required to provide City with renewal Certificates. 8.6 Lab 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. Lab 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 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) 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 and professional liability/Errors & Omissions policy; (b) 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; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) 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. 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab'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. 8.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. K:IENGINEERING DATAEXCHANGEIANGIEMISOLLD WASTEE15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab'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. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. 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 lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. 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.com/government/city-secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. K.\ENGINEERING DATAEXCHANGE ANGIEM\SOLID WASTElE15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. K:IENGINEERING DATAEXCHANGEIANGIEMISOLID WASTE1E15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 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 C Monthly Invoices 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 Comalete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 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°% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $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°% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% K:IENGINEERING DATAEXCHANGE ANGIEMISOLID WASTE1E15218 GROUNDWATER MONITORING AT CEFE VALENZUELA 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 City ufCorps Christi 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 questionmust be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Tolunay-Wong Engineers, Inc. P. O. BOX: N/A STREET ADDRESS: 826 South Padre Island Drive CITY: Corpus Christi ZIP: 78416 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 3. Sole Owner 0 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 Cityof Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named firm. Name Job Title and City 14 Pt 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." 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 l�/R Committee Board, Commission or 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 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 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: Don R. Rokobi, P.E. Title: Branch Manager (Type or Print) Signature of Certifying Person: - (240 DEFINITIONS Date: Z. . /5-- 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. AGENDA MEMORANDUM Future item for the City Council Meeting of January 12, 2016 Action item for the City Council Meeting of January 19, 2016 DATE: December 21, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Amendment No. 1 Groundwater Monitoring at J.C. Elliott Municipal Landfill FY 2015-2016 Motion authorizing the City Manager, or designee, to extend the timeframe of an agreement by executing Amendment No. 1 to a testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of $94,810 for a restated fee of $117,900 for the Groundwater Monitoring at the J.C. Elliott Municipal Landfill for fiscal year 2015-2016. PURPOSE: The purpose of this Agenda Item is to authorize the selected firm to prepare the annual ground -water monitoring report as specified by the Texas Commission on Environmental Quality (TCEQ). BACKGROUND AND FINDINGS: The J.C. Elliott municipal landfill site is located at 7001 Ayers Street and comprises approximately 313 acres. The landfill is a Type 1 Municipal Solid Waste facility and is currently in post -closure care. Groundwater is being monitored on a semi-annual basis under the detection monitoring program specified by Texas Commission on Environmental Quality (TCEQ). This contract amendment is to meet TCEQ landfill permit requirements. The permit requires two annual groundwater testing and reporting cycles under TCEQ Title 30 Administrative Code 330 Subchapter J Groundwater Monitoring and Corrective Action. An initial small AE agreement was administratively approved for the groundwater sampling and laboratory testing of 23 monitoring wells and 3 samples from the leachate collection system. This amendment provides for the analysis and specific reporting requirements for permit compliance including: • Groundwater sampling from 23 groundwater wells and the 3 leachate systems • Laboratory testing of each sample for 15 metals and volatile organic compounds, • Analysis of lab data for compliance, • Verification re -sampling and testing for samples that exceed the TCEQ limit, • Annual Reporting to TCEQ ALTERNATIVES: 1. Authorize execution of Amendment No. 1. 2. Do not authorize execution of Amendment No. 1. (Not Recommended) OTHER CONSIDERATIONS: Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2014-03. CONFORMITY TO CITY POLICY: The Engineering Contract and selection process comply with the Professional Procurement Act and City Policy. Tolunay-Wong Engineers, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Total Budget $130,000.00 $130,000.00 Encumbered / Expended Amount 23,090.00 23,090.00 This item 94,810.00 94,810.00 Future Anticipated Expenditures This Project 5,525.00 5,525.00 BALANCE $6,575.00 $6,575.00 Fund(s): Comments: RECOMMENDATION: City staff recommends the approval of Amendment No. 1 with Tolunay-Wong Engineers, Inc. in the amount of $94,810 for a restated fee of $117,900 for the Groundwater Monitoring at the J.C. Elliott Municipal Landfill for fiscal year 2015-2016. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET ESTIMATE GROUNDWATER MONITORING AT J.C. ELLIOTT LANDFILL FY 2015-2016 E15217 PROJECT FUNDS AVAILABLE: Landfill Operating $ 130,000.00 TOTAL 130,000.00 FUNDS REQUIRED: Fees: Engineer (Tolunay-Wong Engineers) 23,090.00 Engineer (Tolunay-Wong Engineers) Amendment No. 1 94,810.00 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget)(1.50%) 1,950.00 Engineering Services (Project Mgt/Constr Mgt)(2.25%) 2,925.00 Misc. (Printing, Advertising, etc.) 650.00 TOTAL 123,425.00 ESTIMATED PROJECT BUDGET BALANCE $ 6,575.00 NOT TO SCALE Groundwater Monitoring at J.C. Elliot 2015-2016 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 Groundwater Monitoring at J. C. Elliott Municipal Landfill FY 2015-2016 tsi) Corpus Chr sti Engineering Council Presentation January 12, 2016 Project Location alk Corpus Chr sti Engineering 2 Project Scope Corpus Chr'sti Engineering TCEQ Permit Required Groundwater Testing • Groundwater sampling from 23 groundwater wells and the 3 leachate systems • Laboratory testing of each sample for 15 metals and volatile organic compounds • Analysis of lab data for compliance • Verification re -sampling and testing for samples that exceed the TCEQ limit • Annual Reporting to TCEQ Project Schedule Corpus Chr sti Engineering 2015 2016 Nov I Dec I Jan Feb I Marl Apr Mayl Jun Jul lAuglSep Monitoring Project Estimate: 365 Calendar Days 12 Months CITY OF CORPUS CHRISTI AMENDMENT NO. 1 TESTING AGREEMENT This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and TOLUNAY-WONG ENGINEERS, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Don Rokohl P.E., Branch Manager, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Groundwater Monitoring at J. C. Elliott Municipal Landfill (Project No. E15217) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $94,810.00 for a restated fee not to exceed $117,900.00. Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. 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 and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI TOLUNAY-WONG ENGINEERS, INC. Ron Olson City Manager RECOMMENDED (Date) Gustavo Gonzalez, P.E. Assistant City Manager of Public Works and Utilities (Date) Valerie H. Gray, P.E. (Date) Executive Director of Public Works Operating Department (Date) APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) Don R. Rokohl, P.E. Branch Manager 826 South Padre Island Drive Corpus Christi, TX 78416 (361) 884-5050 Office (Date) K lENGINEERING DATAEXCHANGEIANGIEMISOLID WASTE1E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-20161AMENDMENT 1115.1215 TESTING AGREEMENT.DOC Rev. 12/15/15 APPROVED Office of Management (Date) and Budget ATTEST Rebecca Huerta City Secretary Project No. E15217 Accounting Unit: 1020-12530-033 Account: 530000 Activity: El 5217011020EXP Account Category: 30000 Fund Name: Solid Waste Operating Encumbrance No. K 1ENGINEERING DATAEXCHANGEIANGIEMISOLID WASTE1E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 EXHIBIT A Scope of Services and Fee Schedule K:IENGINEERING DATAEXCHANGEIANGIEMISOLID WASTEIE15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/151115 01) Tolunay-Wong Engineers, Inc. 826 South Padre Island Drive Corpus Christi, Texas 78416 Phone: (361) 884-5050 November 30, 2015 TWE Proposal No. P15 -E096 Mr. Lawrence Mikolajczyk Director of Solid Waste Operations City of Corpus Christi 2525Hygeia St., 78415 Corpus Christi, Texas 78469-9277 Phone: 361 826-1965 Fax: 361 826-1971 LawM@cctexas.com COST PROPOSAL FOR GROUNDWATER MONITORING AT J C ELLIOTT MUNICIPAL LANDFILL FOR FISCAL YEAR 2015 — 2016 (Part II) CORPUS CHRISTI, NUECES COUNTY, TEXAS Dear Mr. Mikolajczyk: Tolunay-Wong Engineers, Inc. (TWE) is pleased to submit the following proposal to provide groundwater monitoring services at the above -referenced facility for the City of Corpus Christi's (City) fiscal year of 2015 to 2016. This proposal presents the fees for groundwater monitoring Part II. The fees for groundwater monitiroing Part I were presented in the proposal dated November 17, 2015 Background The Site is located at 7001 Ayers St, Corpus Christi, Texas and comprises approximately 313 acres. The landfill is a Type I Municipal Solid Waste (MSW) facility that received domestic waste and wastewater treatment plant sludges. It is currently in post -closure care and the groundwater is being monitored on a semiannual basis under the detection monitoring program as specified in Title 30 Administrative Code (30 TAC )330 Subchapter J Groundwater Monitoring and Corrective Action, Constituents being monitored under this program include metals and volatile organic compounds (VOC) listed in 40 CFR Part 258, Appendix I. For the detection monitoring program at this facility, groundwater analytical results are compared to background concentrations that have been determined on an intrawell basis. Statistical background concentrations are current up through 2014 and will not require any additional updates until the end of 2016. Objective The objective of this project is to implement the Groundwater Sampling and Analysis Plan (GWSAP) which outlines the City's program for groundwater monitoring in accordance with the Mr. Lawrence Mikolajczyk TWE Proposal No. P15 -E096 November 30, 2015 Page 2 requirements of 30 TAC Subchapter J. The groundwater -monitoring program includes consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the J C Elliott facility. Scone of Work The Scope of Work includes three tasks 1. Semiannual Detection Monitoring of the 23 monitoring wells (Wells MW 1-2, 4-5, 7, 12, 16- 32) for the 15 total metals and volatile organic compounds specified in the current GWSAP. In keeping with prior years of groundwater monitoring, iron, manganese, nitrate -nitrogen, ammonia -nitrogen, and dissolved organic carbon will be analyzed to facilitate the identification of geochemical processes that can mobilize metals, and which may assist with preparing alternate source demonstrations when background is exceeded in a well. In addition, 6 samples (3 per event) will be collected from the landfill leachate collection system to characterize the waste in terms of monitored constituents. This will also assist in preparation of alternate source demonstrations and contaminant fate and transport modeling. 2. Verification re -sampling for wells that exceed the statistically determined background concentration limit. 3. Evaluation of detection monitoring data, identification and reporting of SSIs or alternate sources, preparation of correspondence and submittals to TCEQ, including the Annual Report. TWE will transmit two hard copies and 1 electronic copy of the report to the City of Corpus Christi and three hard copies to the TCEQ. The scope of work presented in the cost proposal dated November 17, 2015 requested sufficient funding to only conduct semiannual sampling for 2015. The scope of work presented herein includes the remaining tasks detailed above. Schedule The schedule outlined herein takes up with where the November 17 proposal leaves off, i.e., after the completion of the second semiannual sampling event of 2015 and after an initial notice of exceedance (if necessary) has been submitted to the TCEQ. As required by regulation, any verification sampling must be conducted and reported within 120 days of the 2nd semiannual sampling event of 2015. This period of time will allow up to two verification sampling events along with data review and incorporation into the 2015 Annual Report scheduled to be issued in April 2016. TWE proposes to conduct the first semiannual sampling event of 2016 in April/May 2016. The period following the 1 s` semiannual event of 2016 will also be utilized for verification sampling if required. The 2016 semiannual sampling event is expected to take about one working week to complete with analytical turnaround time (TAT) requiring two working weeks. Verification sampling, if required, is expected to take no more than 3 days for each event with analytical TAT again requiring two working weeks. All groundwater sampling results acquired in the first eight months of 2016 will be retained for reporting in the 2016 Annual report which is not covered under this cost proposal but will come under the 2016-2017 fiscal year. Mr. Lawrence Mikolajczyk TWE Proposal No. P15 -E096 November 30, 2015 Page 3 Proposed Project Costs TWE will conduct the investigation $94,810. A cost breakdown for the Field Sampling Activities (includes on a time and major tasks is 2 Verification material basis for a not -to -exceed base price of summarized below. Sampling Events) Labor $ 25,150 ODCs $ 4,700 Analytical $ 22.030 Reporting $ 28,920 Project Management $ 14,010 Project Total $ 94,810 Limitations The proposal presented above, including the Scope of Work and schedule, is contingent upon the following assumptions: • TWE will have necessary access to the site. • Level D Personal Protective Equipment is adequate. • Negotiations and/or meetings with TCEQ for any other issues related to the scope of work as outlined in this proposal will not be required. • Unanticipated delays beyond TWE's control will constitute a change order and will be billed according to the attached fee schedule. Closing Remarks If you have any questions or need additional information, please contact me at (361) 884-5050 or by e-mail at drokohl(th,tweinc.com. Sincerely, Tolunay-Wong Engineers, Inc. �z !2`J«l Don Rokohl, P.E. Corpus Christi Branch Manager Paul Wild Vice President Environmental Services Division Mark Brotherton, P.G. Sr. Project Manager Environmental Services Division EXHIBIT B TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; K:IENGINEERING DATAEXCHANGEIANGIEMISOLID WASTE1E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12115/15 (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractors means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court 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 Lab or its agent, Lab under contract or another entity over which Lab 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. Lab shall defend lndemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by lndemnitee. If a claim is based wholly or partly on the negligence of, fault of or KIENGINEERING DATAEXCHANGEIANGIEMISOLID WASTEIE15217 GROUNDWATER MONITORING AT .1 C ELLIOTT 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of Certificates of Insurance (COI) 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 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 must be outside policy limits) 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. K:IENGINEERtNG DATAEXCHANGEIANGIEMISOLID WASTE1E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000/$500,000 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Applicable for paid employees, Lab 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 Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab'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. Lab is required to provide City with renewal Certificates. 8.6 Lab 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. Lab 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 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) 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 and professional liability/Errors & Omissions policy; (b) 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; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) 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. 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab'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. 8.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. KIENGINEERING DATAEXCHANGEWNGIEMISOLID WASTE\E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab'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. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. 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 lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. 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.com/govern ment/city-secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. K:\ENGINEERING DATAEXCHANGE\ANGIEM\SOLID WASTE\E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-20161AMENDMENT 1\15-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. K:IENGINEERING DATAEXCHANGEIANGIEMISOLID WASTE1E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O 8 M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT C Monthly Invoices 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 $0 $0 $1,000 $0 $1,000 $1,000 100% 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% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $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°% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% KIENGINEERING DATAEXCHANGEIANGIEMISOLID WASTE1E15217 GROUNDWATER MONITORING AT J C ELLIOTT 2015-20161AMENDMENT 1115-1215 TESTING AGREEMENT.DOC Rev. 12/15/15 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION ter... City of Corpus Christi 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 questionmust be answered. If the question is not applicable, answer with 'NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Tolunay-Wong Engineers, Inc. P. O. BOX: N/A STREET ADDRESS: 826 South Padre Island Drive CITY: Corpus Christi ZIP: 78416 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 3. Sole Owner 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 Department (if known) Job Title and City 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." 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 Committee Board, Commission or 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." NNam a Consultant 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 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: Don R. Rokohl, P.E. Title: Branch Manager (Type or Print) Signature of Certifying Person: vi - g-- tag DEFINITIONS Date: Z _ t r . i5 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 January 12, 2016 Action Item for the City Council Meeting of January 19, 2016 DATE: TO: Ronald L. Olson, City Manager December 1, 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 Engineering Contract Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2015-2016 CAPTION: Motion authorizing the City Manager or designee to execute Year One Renewals of a construction contract with RCM Constructors, Inc. of Corpus Christi, Texas in the amount of $657,391 and a professional services contract with Engineering & Construction Management Services, LLC of Corpus Christi, Texas in the amount of $84,480 for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2015-2016; authorizing administrative renewals for Year Two Services in accordance with contract terms. PURPOSE: The purpose of this agenda item is to obtain authority to execute renewal year one to a construction contract and a professional services contract for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2015- 2016 and to provide for administrative approval of FY 16-17. BACKGROUND AND FINDINGS: This project supports the ongoing program to reduce storm water and ground water inflows to the wastewater collection system. This item includes both the continued engineering and construction contracts for the next two years. The construction contract is the renewal of the Indefinite Delivery Indefinite Quantity (IDIQ) contract and work will include the citywide replacement and upgrades to approximately 3,350LF of the existing wastewater cleanouts and pipeline from the cleanout to the City main. This project also provides for repair and adjustment of approximately 165 wastewater manholes and 66 storm water manholes to the extent funding allows. The contract with Engineering Construction Management Services (ECMS) will provide for engineering and construction observation services for this project. ECMS was selected for this work based on their experience and successful delivery of this program for several years. ALTERNATIVES: 1. Authorize the execution of the construction contract renewal and the professional services contract. 2. Do not authorize the execution of the construction contract renewal and the professional services contract. (Not Recommended) OTHER CONSIDERATIONS: The renewal of both the construction and engineering contracts for Fiscal Year 16-17 will be administratively approved. 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 $778,028.00 $778,028.00 Encumbered / Expended Amount This Item (RCM) $657,391.00 $657,391.00 This Item (ECMS) $84,480.00 $84,480.00 Future Anticipated Expenditures This Project $36,157.00 $36,157.00 BALANCE $0.00 $0.00 Fund(s): Wastewater Operating Comments: This project requires approximately 365 calendar days with anticipated completion January 2017. The contract will result in the expenditure of an amount not to exceed $657,391 for the construction contract renewal and $84,480 for the professional services contract. Funding for next fiscal year will be contingent upon approval of the Fiscal Year 2017 Utility Operating Budget. RECOMMENDATION: City Staff recommends approval of a construction contract renewal with RCM Constructors, Inc. of Corpus Christi, Texas in the amount of $657,391 and to execute a professional services contract with Engineering & Construction Management Services, LLC of Corpus Christi, Texas in the amount of $84,480, for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2015-2016 for construction observation services and to provide for administrative approval of FY 2016-2017. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET WASTEWATER SERVICE LINE REPAIR & CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2015-2016 FUNDS AVAILABLE: Wastewater Operating $778,028 FUNDS REQUIRED: Construction (RCM Constructors, Inc.) $657,391 Engineer Fees: Construction Observation Services (ECMS, LLC) $84,480 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $11,504 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs) $21,365 Misc $3,288 TOTAL $778,028 PROJECT BUDGET BALANCE $0 2 2t,o. c• v p m o ma, o u<° Dc J O� N2 01 a) J LOCATION MAP NOT TO SCALE N a) CO N PROJECT: E15211 Wastewater Service Line Repair and Clean -Out Installation and Manhole Ring and Cover Adjustment Program 2015-2016 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 LI Engineering Wastewater Service Line Repair & Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2015-2016 Council Presentation January 12, 2016 Location Map Corpus Chr'sti Engineering Allison n on Broadway :0.0 Heol canal Garai. Greenwood ,'1 City of Corpus Christi "`°i% Wastewater Service Areas Leaend • N2stewater Treatment Plant Mt. Miles 0 2 4 0 12 Project Scope leir- - "41116%.Niie Cornus Cher sti Engineering This project supports the ongoing Citywide program to reduce storm water and ground water from the wastewater collection system. The work includes the following: • Replacement and upgrades to approximately 3,350LF of the existing wastewater cleanouts and pipeline from the cleanout to the City main. • Repair and adjustment for approximately 165 wastewater manholes and 66 storm water manholes. • Associated work to include excavation, backfill, pavement repairs, landscaping, etc. Project Schedule Corpus Chr sti Engineering 2017 Feb Mar Apr May Jun Jul Aug Construction Sep Oct Nov Dec Jan Project Estimate: 365 Calendar Days = 12 Months Projected Schedule reflects City Council award in January 2016 with anticipated construction completion by January 2017. CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES Renewal No. 1 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 of Engineering Services) and Engineering & Construction Management Services. LLC (ECMS), a Texas corporation, 5001 Oakmont Drive, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Wastewater Service Line Repair and Clean -Out Installation and Manhole Rina and Cover Adjustment Program FY 2015-2016 (Project No. El 5211) — This project is for the locating and the excavation of existing service lines; replacing approximately 3,350 linear feet of wastewater service lines from the clean-out to the bend and from the bend to the City main; 165 Sanitary Sewer and 66 Storm Water Manholes Ring and Cover Adjustments throughout the City under multiple work authorizations. The work period will be 365 calendar days. The initial contract, approved by City Council on September 30, 2014, was for the base year with an option for two 1 -year renewals. This is the first year renewal of the contract. The second year renewal will be administratively approved. Engineering & Construction Management Services, LLC (ECMS) will provide construction observation services including field inspection of the work in progress, coordination with the Contractor, City and testing laboratory, planning/coordination of the next work orders and documentations of all work completed and approved. ECMS is recommended to provide these services based upon their expertise and past construction management of similar work. ECMS has provided similar services since the original contract in FY 2011. 2. SCOPE OF SERVICES The A/E hereby agrees to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E 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", 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 Director of Engineering Services. A/E 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. Contract for Professional Services Page 1 of 7 KLENGINEERING DATAEXCHANGEUENNIFERIWASTEWATER4E15211 WW SRVC LINE REPAIR ANO CLEAN-OUT INSTALLATION AND MANHOLE RING & COVER ADJUSTMENT 20161CONTRACTICONTRACT W MODIFIED INSURANCE AND INDEMNITY. DOC 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 Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. 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 Director of Engineering Services. The Director of Engineering Services may direct the A/E 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. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the NE a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $84,480.00. Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court 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. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Contract for Professional Services Page 2 of 7 K. ENGINEERING OATAEXCHANGEVENNIFERIWASTEWATER\E15211 WW SRVC LINE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING & COVER .n n mTuc..r 9n4 0 nn. .rn.nr.nn.lrn.nr till ...rt.,. rim, i•.PI .n•..nr ...n 1.11,C•114111,./ neg., 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. 6. INSURANCE 6.1 Consultant must not commence work under this agreement until all required insurance 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 fumish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance (COI) 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 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 shall be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and Contract for Professional Services Page 3 of 7 K.IENGINEERING DATAEXCHANGEUENNIFERIWASTEWATER1E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING 5 COVER • n 1+ ,er. 1e.tr ..(1. e 111. rrn . lt.ln.lrn.rr ..1 • .nnlr.en .•1C11n•a.1e ..1n ..1ne.•a11ty nn1 6.3 In the event of accidents of any kind related to this agreement, Consultant must fumish 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 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 and professional liability/Errors & Omissions policy; Contract for Professional services Page 4 of 7 K:\ENGINEERING DATAEXCHANGE JENNIFERIWASTEWATER\E15211 WIN SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING 3 COVER •n nInT.C.rr..n.urn•rrn.r,,r-n•rrnerr ui ..nnir,cn 411101 ,n.•,rc AGAIN .unCuu.ty nnn identify any limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, Consultant must fumish 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 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 and professional liability/Errors & Omissions policy; Contract for Professional services Page 4 of 7 K:\ENGINEERING DATAEXCHANGE JENNIFERIWASTEWATER\E15211 WIN SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING 3 COVER •n nInT.C.rr..n.urn•rrn.r,,r-n•rrnerr ui ..nnir,cn 411101 ,n.•,rc AGAIN .unCuu.ty nnn 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; 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. 7. 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 NE will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. 8. 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. Contract for Professional Services Page 5 of 7 K:1ENGINEERING DATAEXCHANGEUENNIFERSWASTEWATER4E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING 6 COVER an 11 leruc.rr nn. emrn.rrn 4rnrnaMin 0.1.1. u$ alnnrrren ...e, in. ure A.rn .. nn...ury nn.. 9. 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 NE 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 NE fee may be assigned in advance of receipt by the AIE 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. 10.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 Director of Engineering Services. 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. 11. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. 12. STANDARD OF CARE Services provided by AIE 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. CONFLICT OF INTEREST A/E 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.com/government/city-secretarylconflict- disclosure/index. 14. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and A/E 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 Contract for Professional Services Page 6 of 7 K.4ENGINEERING DATAEXCHANGELIENNIFERSWASTEWATERE15211 WW SRVC LINE REPAIR AND CLEAN-O'JT INSTALLATION AND MANHOLE RING & COVER An 11 ICT .r.rrnn.C,nn.rrn A nnrn.n-n• PT IA/ 11.1e1 .n A Iaanr •. in n.nr•.•uTv nnn AIE. 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. 15. CONFLICT RESOLUTION BETWEEN DOCUMENTS NE hereby agrees and acknowledges if anything contained in the A/E-prepared Exhibit A, A/E's Scope of Services, or contained in any other document prepared by NE and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES, LLC J.H. Edmonds, P.E. Date Director of Engineering Services RECOMME crating Department Date AP `' OVED AS TO LE al Depa ment APPROVED Office of Management Date and Budget ATTEST City Secretary Date Project Number E15211 Accounting Unit 4200-33400-042 Account 530235 Activity El 5211014200EXP Account Category 30235 Fund Name Wastewater Operating 12-13 a 1213 SE EERING DATA HANGELIENN WASTEWATER\E15211 W SRVC E R Pa RAND An a IC, dean- '.n.crna.rn m. nennnr nMrl aT.1111.en • ann nv 1 I In. e A . ...e..A.lrMinn 44M-a d• Felix H. Ocanas, Jr., P.E. Date 5001 Oakmont Drive Corpus Christi, Texas 78413 (361) 549-4576 Mobile (361) 986-1202 Office /zJrral zotS Contract for Professional Services r I713 Page 7 of 7 LEAN -0 T INSTALLA N AND MANNA LE RING 6 COVER EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJSUTMENT PROGRAM FY 2015 - 2016 Project Number E15211 I. SCOPE OF SERVICES A. Basic Services. 1. contrast: b. A; cict City staff during the bidding proces as may be necessary.. 2. Construction Phase. The NE will perform contract administration to include the following: a. Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. 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. e. 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. f. 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. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image -viewing software available on the City's computer - EXHIBIT "A" Page 1 of 5 Revised April 2010 K:1Engineering OataExchangeUENNIFERSWASTEWATl:R1E15211 WW P.\ IN= REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING 6 COVER ADJUSTMENT 2016ZONTRACT\Exhlbil A.doc Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks. i. 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 Capital Programs a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. 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: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the NE will not begin work on this section without specific written approval by the Director of Capital Programs. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Capital Programs as required. The A/E will, with written authorization by the Director of Capital Programs, do the following: 1. Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the NE shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of NE 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: EXHIBIT "A" Page 2 of 5 Revised April 2010 K.\Engineering DalaExchangeUENNIFERIWASTEWATER1E1521' WW SRV C LINE RFPA:R AND CLEAN-OUT INSTALLATION AND MANHOLE RING a COVER ADJUSTMENT 20161CONTRACTLExhibit A.doc A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and NE of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, NE's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and NE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. EXHIBIT "A" Page 3 of 5 Revised April 2010 K:1Engineering DalaExchangeUENNIFER\WASTEWATERIE15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING 6 COVER ADJUSTMENT 20161CONTRACT'Exhlbll A.doc 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 2. 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. 3 Warranty 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. 4 Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". 2. SCHEDULE Day Date Activity Wednesday January 20, 2016 Contract Award Thursday January 21, 2016 Begin Construction Friday January 20, 2017 Complete Construction 3. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. 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. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and City concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. EXHIBIT "A" Page 4 of 5 Revised April 2010 KIEn¢ineenny DataExthanyaUENNIFERIWASTEWATERIE15211 WW SRVC UNE REPAIR AND CLEANOUT INSTALLATION AND MANHOLE RING 8 COVER ADJUSTMENT 20165CONTRAC1IExhibit Ado B. Fee for Additional Services. For services authorized by the Director of Capital Programs under Section I.B. "Additional Services," the City will pay the NE a not -to -exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phaco 2. Design Phaco 3. Bid Phase 4. Construction Phase (See Construction Observation) Subtotal Basic Services Fees Additional Services Fees (Allowance) /I. Environmental Issues 5. Construction Observation Services(12x22x4x$80) $84,480 7. Warranty Phase Included in 6 Above Sub -Total Additional Services Fees Authorized $84,480 Total Authorized Fee $84,480 EXHIBIT "A" Page 5 of 5 Revised April 2010 KlEngineering DalaExchangeUENNIFERIWASTEWATER4E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING 8 COVER ADJUSTMENT 2016\CONTRACT\Exhiblt A.doc EXHIBIT "A-1" TASK LIST (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A.") CITY OF CORPUS CHRISTI, TEXAS WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY2015-2016 (Project No. E15211) Basic Services (See Exhibit "A") Additional Services: CONSTRUCTION OBSERVATION SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare monthly reports and submit to City staff as required.. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meetings. 2) Assist the City in conducting the public information meetings. 3) Assist the City with follow-up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct 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, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXHIBIT "A-1" Page 1 of 1 Revised April 2010 K.lEnglneering OataExcJiangeJENNIFERIWASTEWATER\E15211 WW SRVC LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING .6 COVER ADJUSTMENT 2416.CONTRACTSthibit A-1.doc 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 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 51,000 $0 $0 51,000 50 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% $6,000 51,000 51,250 58,250 5750 51.500 52.500 30% $2,000 50 50 52,000 5500 50 $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% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 51,120 51,627 34,747 5500 50 5500 11% 56,000 51,000 51.250 58,250 5750 51,500 $2,500 30% 2.000 1,120 1,627 4,747 500 0 500 11% 58,000 $2,120 52,877 512,997 51,250 51,500 53,000 23% Contract for Professional Services Exhibit B EXHIBIT C DISCLOSURE OF INTEREST Contract for Professional Services Exhibit C Cine of Corpus Chnat i NISPPfe11:R NUrInIR 7OIll: ASSIGNLD BYCf(Y PIIRCI EASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance I71 12, as amended, requires all persons or firms seeking to do business with the Cit) torovide the following information. Every question must be answered. If the question is not applicable, answer ►►itlt "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Engineering & Construction Management Services, LLC P. O. BOX: N/A STREET ADDRESS: 5001 Oakmont CITY: Corpus Christi ZIP: 78413 FIRM I5• !. Corporation 4. Association 8 ? Partnership 5. Other 8 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3°'0 or more of the ownership in the above named "firm.' Name Job Title and (its Department (if known) 2. State the names ()leach "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 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 4. State the names of each employee or officer of a '`consultant" for the Cite of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3:!'c or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS Ifa person who requests official action on a matter knows that the requested action kill 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 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: Felix H. Ocanas Jr., P.E. Title: President r? pc ar Prinir Signature of Certifying Person: DEFINITIONS Date: 3 f 73 / a. "Board member." A member of any hoard, commission, or committee appointed by the City. Council of the Cit} of Corpus Christi, Teas b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to lane 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 «hick for purposes of taxation are treated as non-profit organizations. e. "Official." rhe Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division 1-Ieads, 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 fine. including when such interest is held through an agent, trust, estate. or holding entity. "Constructs ely 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 January 12, 2016 Action Item for the City Council Meeting of January 19, 2016 DATE: TO: Ronald L. Olson, City Manager December 22, 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 Engineering Contract Wastewater Permit Assistance CAPTION: Motion authorizing the City Manager, or designee, to continue permitting and regulatory assistance by executing Amendment No. 1 with Alan Plummer Associates, Inc. of Austin, Texas in the amount of $178,000 for a total restated fee not to exceed $207,000 for Wastewater Permit Assistance for the base year with four one-year renewal options; authorizing administrative renewal for future years in accordance with contract terms. PURPOSE: The purpose of this agenda item is to obtain authority to execute a professional service contract needed for the Wastewater Permit Assistance project. BACKGROUND AND FINDINGS: The City's six Wastewater Treatment Plants (WWTPs) require Texas Pollutant Discharge Elimination System (TPDES) permits from Texas Commission on Environmental Quality (TCEQ) for effluent discharges into surface waters in the state. These permits generally need to be renewed every five years. Alan Plummer Associates, Inc. (APAI) was initially authorized to begin work through a small AE contract to prepare TPDES permit renewal for Broadway WWTP which expires in June 2016. The permits for Greenwood and Whitecap WWTPs will expire in 2016 and early 2017, respectively. This contract provides professional services to assist the City in TCEQ permit renewal and related regulatory and technical support for the WWTPs. This provides for a multiple year contract with a base year and four one-year option renewals. The work includes the following: • Prepare TPDES permit renewal applications for Greenwood and Whitecap WWTPs (Year 1) • Provide TPDES permit renewal processing and regulatory support for Broadway WWTP (Year 1) • Provide general regulatory support for six WWTPs (Year 1) • Provide storm water permitting support for all six WWTPs (Year 1) APAI was selected through Request for Qualifications No. 2015-08. Selection was based upon qualifications and consistent with the RFQ criteria. ALTERNATIVES: 1. Authorize the execution of the professional services contract. 2. Do not authorize the execution of the professional services contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $217,857.00 $217,857.00 Encumbered / Expended Amount 29,000.00 29,000.00 This Item $178,000.00 $178,000.00 Future Anticipated Expenditures This Project 10,857.00 10,857.00 BALANCE $0.00 $0.00 Fund(s): Wastewater Operating RECOMMENDATION: City Staff recommends approval to continue permitting and regulatory assistance by executing Amendment No. 1 with Alan Plummer Associates, Inc. of Austin, Texas in the amount of $178,000 for a total restated fee not to exceed $207,000 for Wastewater Permit Assistance. The renewal of the Professional Services Agreement for the next four years will be approved administratively. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET WASTEWATER PERMIT ASSISTANCE FUNDS AVAILABLE: Wastewater Operating $217,857 FUNDS REQUIRED: Engineer Original (Alan Plummer Associates, Inc.) 29,000 Engineer Amendment No. 1 (Alan Plummer Associates, Inc.) 178,000 Reimbursements 10,857 Administration/Finance (Engineering/Capital Budget/Finance) 3,622 Engineering Services (Project Mgmt) 6,200 Misc 1,035 TOTAL $217,857 PROJECT BUDGET BALANCE $0 Allison WTP ■ Broadway WTP • Greenwood WTP Oso WTP ■ Whitecap WTP• LOCATION MA NOT TO SCALE PROJECT: E1 ❑❑Ou Wastewater Permit Assistance CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 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 of Engineering Services) and Alan Plummer Associates. Inc., a Texas corporation, 6300 La Calma, Suite 400, Austin, Texas 78752, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Wastewater Permit Assistance (Project No. El 5208) — The project provides for professional services assisting the City in the Texas Commission on Environmental Quality (TCEQ) permit renewal and related regulatory support for the City's six (6) wastewater treatment plants (WWTP). Anticipated services include preparation of TCEQ permit application; providing administrative and technical support during permit processing; general regulatory support associated with the operations of WWTPs; and assistance in multi -sector general permit renewal. This is a one-year base contract with four (4) one (1) -year optional renewals. The renewal of the Professional Services Agreement for future years will be administratively approved. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit "A". In addition, Consultant will provide monthly status updates (project progress or delays presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES 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. 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 Director of Engineering Services. The Director of Engineering Services 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. Contract for Professional Services Page 1 of 7 KIENGINEERING DATAEXCHANGEUENNIFERIWASTEWATERIE15208 WWTP PERMIT ASSISTANCEIAMENDMENT NO 11 CONTRACTICONTRACT NEW AS OF 121515 DOC 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $178,000.00 for a total restated fee not exceed $207,000.00. Monthly invoices will be submitted in accordance with Exhibit "B". The City's Project Manager from the Operating Department is responsible for assigning tasks to the Consultant and approving their daily/weekly/monthly hours. The Consultant is required to submit a detailed and approved hourly breakdown with their monthly invoice paperwork to the City for payment. 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court 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. Consultant shall defend lndemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. 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. 6. INSURANCE 6.1 Consultant must not commence work under this agreement until all required insurance 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 (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Contract for Professional Services Page 2 of 7 K 1ENGINEERING DATAEXCHANGEUENNIFERIWASTEWATER\E152O8 WWTP PERMIT ASSISTANCE AMENDMENT NO 1'.CONTRACTICONTRACT NEW AS OF 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 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 shall be outside policy limits) 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 (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,0001$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 Contract for Professional Services Page 3 of 7 K:IENGINEERING DATAEXCHANGEUENNIFER4WASTEWATER1E15208 WWTP PERMIT ASSISTANCEAMENDMENT NO 11CONTRACT\CONTRACT NEW AS Of 4n 41C •C rtnr. 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 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 and professional liability/Errors & Omissions 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; 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. Contract for Professional Services Page4of7 K ,ENGINEERING DATAEXCHANGEUENNIFER.WASTEWATERIE!52[8 WWTP PERMIT ASST STANCE AMENDMENT NO 11 CONTRACTICONTRACT NEW AS OF 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. 7. TERMINATION OF CONTRACT 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. 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. 8. 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. 9. 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. 10.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 Contract for Professional Services Page 5 of 7 K:IENGINEERING OATAEXCFEANGEUENNIFERIWASTEWATER\E15208 WWTP PERMIT ASSISTANCEUIMENDMENT NO SICONTRACT\CONTRACT NEW AS OF 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. 11. 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. 12. DISCLOSURE OF INTEREST Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 13. CERTIFICATE OF INTERESTED PARTIES Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at httos://www.ethics.state.tx. us. 14. CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. 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.com/government/city-secretary/conflict- disclosure/index. 15. ENTIRE AGREEMENT AND CONTROLLING LAW 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. 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. 16. 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. Contract for Professional Services Page 6 of 7 K.4ENGINEERING DATAEXCHANGEUENNIFER\WASTEWATER4E15208 WWTP PERMIT ASSISTANCE AMENDMENT NO 1. CONTRACTICONTRACT NEW AS OF CITY OF CORPUS CHRISTI ALAN PLU M R ASSOCIATES, INC. J.H. Edmonds P.E. Date Rex H. Hunt P.E. r Date Director of Engineering Services Principal 6300 La Calma, Suite 400 Austin, Texas 78752 RECOMMENDED (512) 452-5905 Office (512) 452-2335 Fax Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta City Secretary Date Project Number El 5208 Accounting Unit 4200-33000-064 Account 530000 Activity E15208014200EXP Account Category 30000 Fund Name Wastewater Operating Contract for Professional Services Page 7 of 7 K:IENGINEERING DATAEXCHANGEUENNIFERIWASTEWATER1E1520B WWTP PERMIT ASSISTANCE44MENDMENT NO 1".CONTRACTICONTRACT NEW AS OF EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS WASTEWATER PERMIT ASSISTANCE AMENDMENT NO. 1 PROJECT NO. E15208 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, BASIC SERVICES includes the following phases: Phase I: Texas Pollutant Discharge Elimination System Permit Renewals Phase II: General Regulatory Support Phase III: Multi -Sector General Permit Renewal Assistance These services will apply to each of the CLIENT's permitted facilities, in accordance with their respective schedules for permit renewal. Activities and tasks for each phase are described following. Phase I: Texas Pollutant discharge Elimination System Permit Renewals The renewal process for each of the City's permits includes the following BASIC SERVICES activities: Activity A: Prepare Application for the Permit and Provide Administrative Review Support Activity B: Assist in Processing the Permit Application through the Texas Commission on Environmental Quality Each activity has specific tasks, which are described in the following sections. For purposes of the BASIC SERVICES scope, it is assumed that the renewal of the TPDES permits includes straight renewal only (i.e., no anticipated changes to the permit being sought that would result in a need for a significant modification or amendment of the permit). If modification or amendment of a permit are desired by the CLIENT or required by the TCEQ, such will be considered as ADDITIONAL SERVICES and the ENGINEER will provide supplemental scope and budget to apply for and support the additional permitting requirements associated with the request or requirement. The ENGINEER will proceed with the additional permitting requirements only after authorization to proceed is received from the CLIENT. Activity A: Prepare permit Application and Provide Administrative Review Support This initial activity includes four tasks. These tasks are described below. Task 1: Obtain and Review Information ENGINEER will review the information available from the previous permit application for the WRC and will determine what additional information is needed. ENGINEER will prepare, and submit to CLIENT, a request for information. Requested information will include, but not be limited to effluent quality data, soils data for overland flow site, and industrial pretreatment program information. ENGINEER will review the information to verify that it meets TCEQ requirements. If necessary, additional information will be requested by ENGINEER. CLIENT is responsible for the costs associated with all effluent analyses. EXHIBIT "A" Page 1 of 6 Revised November 26, 2013 Task 2: Prepare Permit Application ENGINEER will prepare a renewal permit application. Relevant information obtained in Task 1 will be entered into the appropriate TPDES permit application form by ENGINEER. The application forms required are the Domestic Administrative and Technical Reports. Required attachments to the application will be prepared. Attachments required by the TPDES permit application include, but are not limited to, two original USGS topographic maps with details labeled, and a Supplemental Permit Information Form. Two copies of the application will be provided to CLIENT for review. After receipt of comments from the CLIENT, the application will be revised by ENGINEER, as appropriate. An original and six copies of the final application will be provided to CLIENT. Per TCEQ requirements, the original and three copies of the application must be submitted to the TCEQ. If requested to do so, ENGINEER will submit the original and three copies of the application to the TCEQ on behalf of CLIENT. The application must include a copy of a check payable to the TCEQ. TPDES permitting fees will be the responsibility of CLIENT. Task 3: Provide Support for Administratively Complete Application The TCEQ will perform an administrative review of the permit application. The administrative review may also include a limited technical review. The TCEQ will advise CLIENT of the results of the administrative review. If required, ENGINEER will assist CLIENT in preparing a response to the administrative review comments. Once the TCEQ is satisfied that all of the required information has been included, the TCEQ will declare the permit application to be administratively complete. CLIENT will be instructed to publish a notice of intent to obtain a permit. The notice is required to be published in one or more local newspapers, and possibly in an alternative language newspaper. The determination of whether the alternative language publication is required for the renewal will be made during Task 1 of this activity. Publication of the notice and associated fees will be the responsibility of CLIENT. ACTIVITY B: Assist in Processing the permit Application through the Texas Commission on Environmental Quality This activity includes two tasks. The amount of work required to complete Activity B cannot be determined precisely. Activity B, therefore, provides for a reasonable level of effort to complete the permit renewal without changes. If required to provide more support than anticipated by the budget for Activity B, ENGINEER will be entitled to additional compensation. Activity B tasks are described below. Task 1: Provide Technical Support During Application Processing ENGINEER will provide support during the completion of the TCEQ technical review and processing of the permit application. Support may include telephone conversations with TCEQ staff during the review process to answer questions regarding the application. When all technical reviews are completed, TCEQ will prepare an initial draft permit and provide a copy to CLIENT for review. ENGINEER will review the draft and assist CLIENT in the preparation of a written response to the TCEQ. CLIENT will be required to publish a notice of the draft permit in one or more local newspapers, and possibly in an alternative language newspaper. The determination of whether the EXHIBIT "A" Page 2 of 6 Revised November 26, 2013 alternative language publication is required for the renewal will be made during Task 1 of Activity A. Publication of the second notice and associated fees will be the responsibility of CLIENT. Task 2: Communications During Application Processing This task includes occasional telephone communications between ENGINEER and the TCEQ to discuss the status of the agency's review. It also includes conference calls with CLIENT during the technical review process to discuss application status and, as necessary, to develop strategies for responding to permit provisions proposed by TCEQ in the draft permit. ENGINEER will prepare for, and participate in one meeting with the CLIENT and TCEQ to discuss appropriate provisions for the next permit. The budget prepared for this task assumes this meeting will be conducted in Austin. Phase 11: GENERAL REGULATORY SUPPORT From time to time the CLIENT may be faced with specific regulatory issues at one WWTP or another or regulatory issues within the collection system associated with the WWTPs. At the CLIENT's request, ENGINEER will provide support to respond to such issues. It is not possible to anticipate all the requirements this phase of services may entail. Potential general regulatory issues include, but are not limited to, the following: • Telephone conference calls or meetings with CLIENT's representatives to discuss regulatory or compliance issues, including new regulations or implementation procedures, water quality standards changes, potential impact on the CLIENT of proposed new regulations or standards, enforcement actions of the TCEQ or EPA, etc. • Telephone calls or meetings with TCEQ representatives or other regulatory agencies regarding regulatory or compliance issues • Assisting with review or evaluation of water quality documents related to the CLIENT's receiving water bodies, including researcher reports, Total Maximum Daily Load (TMDL) reports or implementation plans, or other relevant documents that could impact the City's wastewater system directly or indirectly. The ENGINEER will only provide these services as requested and directed by the CLIENT. Phase III services will generally be short-term requests for assistance. If the CLIENT's request for regulatory assistance is likely to result in significant effort on the part of the ENGINEER, a separate scope will be prepared as ADDITIONAL SERVICES. Phase 111: Multi -Sector General Permit Renewal The ENGINEER will assist the CLIENT in the process of the renewal of the MSGP with the following activities: Activity A: Review Existing Stormwater Pollution Prevention Plans Activity B: Update the Stormwater Pollution Prevention Plans and Submit Updated Notices of Intent Each activity is further described below. Activity A: Review Existing Stormwater Pollution Prevention Plans EXHIBIT "A" Page 3 of 6 Revised November 26, 2013 The CLIENT will provide the most updated SWPPP for each of the plants for which a SWPPP exists to the ENGINEER for review. For purposes of this scope, it is assumed that all six plants are currently covered under the MSGP and, therefore, have a SWPPP. The ENGINEER will review the SWPPPs, comparing them to existing conditions at the facility, current provisions of the MSGP and anticipated new provisions that may be incorporated into the renewed MSGP. A brief technical memorandum (TM) describing the findings of the review will be provided to the CLIENT. The TM will identify changes needed for each SWPPP in order to maintain compliance with current or anticipated future provisions of the MSGP. The TM will provide the basis for modifications of SWPPPs to be provided in Activity B. Activity B: Update the Stormwater Pollution Prevention Plans and Submit Updated Notices of intent The TM prepared for Activity A will be used to determine if changes to the SWPPPs are needed or the extent of modifications required. Prior to initiating changes, the ENGINEER will meet with the CLIENT to discuss the necessary changes and whether the ENGINEER will be tasked with making such changes. For purposes of the scope for BASIC SERVICES, it is assumed that the SWPPP for each plant will require some basic changes but that such changes will be relatively minor in nature. Minor changes would be expected if plant changes to stormwater controls have been minor and if changes to provisions in the MSGP are not significant. If changes to stomiwater controls at a WWTP have been significant (e.g., an outfall has been added or there is new significant exposure of stormwater to plant processes or chemicals), it may be necessary to make significant changes to the SWPPP. Likewise, significant changes in the MSGP in the next renewal process (e.g., new sampling or reporting requirements, etc.), significant changes to the SWPPP could be necessary to accommodate such changes. Any plants not currently covered under the MSGP and for which the City desires to have such coverage will need a SWPPP prepared. The ENGINEER will proceed as instructed by the CLIENT. If significant changes are necessary and to be provided by the ENGINEER, such will be considered ADDITIONAL SERVICES and a separate scope and budget provided before proceeding. In addition, the ENGINEER will assist the CLIENT with preparation of new Notices of Intent (NOI) for each plant, as will be required as part of the MSGP renewal process. Permit renewal fees for the MSGP for each plant will be paid by the CITY to TCEQ. II. SCHEDULE Because the TPDES permits for the six plants expire at unique times, the applications that must be submitted for renewals are likewise due at different times (i.e., six months prior to permit expiration). The ENGINEER will prepare permit renewal applications (i.e., Phase I, Activity A services) according to the following schedule: EXHIBIT "A" Page 4 of 6 Revised November 26, 2013 Plant Anticipated Start Date for Preparation of the Application Anticipated Application Submission Date Broadway' Application preparation (Activity A) is included in the original scope for this project; Permit processing support (Activity B) is included as part of this Amendment No. 1 to the contract. Greenwood July 1, 2016 December 2, 2016 Whitecap August 1, 2016 January 1, 2017 Allison June 1, 2017 November 1, 2017 Laguna Madre May_1, 2019 October3, 2019 Oso Permit amendment under a separate contract; future permit renewal requirements unknown at this time Activity B (support during permit application processing) will begin once the submitted application is declared by the TCEQ to be Administratively Complete. The time required for Activity B cannot be anticipated because processing is done by the TCEQ and generally out of the control of the CLIENT or ENGINEER. However, a nine- to 12 -month period for processing a renewal application is typical. Based on this schedule, TPDES applications will be prepared and processed on the following fiscal year (FY) schedule: Plant Activity A Activity B Broadway (included in the original scope for the project FY16 Greenwood FY16-17 FY17-18 Whitecap FY 16-17 FY17-18 Allison FY17-18 FY18 Laguna Madre FY19-20 FY20 Oso TBD TBD Phase II services do not have a specific contract schedule as they are provided on an as needed and as requested basis. The MSGP expires in August 2016 and is on track to be renewed by the TCEQ by that time. The TCEQ will probably provide a 90 -day period after the renewal date for permittees to submit new NOls to renew coverage. The SWPPP for each plant will need to be updated prior to submittal of the new NOI. The ENGINEER will complete Phase III services for all plants during FY 2016. This will include review and updating of the SWPPPs and submission of the NOls. 1 The Broadway TPDES permit application (i.e_, Phase I, Activity A services) is being completed under the original contract between the CLIENT and ENGINEER for this project. EXHIBIT "A" Page 5 of 6 Revised November 26, 2013 III. FEES The anticipated budget for FY2016 is based on the required schedule for the year, which includes the following: • TPDES permit applications for Greenwood WWTP and Whitecap WWTP (Phase I, Activity A services) • TPDES permit processing support for Broadway WWTP (Phase I, Activity B services) • A budgeted amount for general regulatory support (Phase II services) • Stormwater permitting support for all six plants (Phase III services) The FY2016 budget (i.e., the amendment to the original contract) is as follows: Plant(s) Phase 1 Services (TPDES Permitting Phase II Services (General Regulatory Support) Phase III - Services (General Permit for Stormwater) Activity A Activity B Greenwood $29,000 -- Whitecap $25,000 — Broadway -- $17,000 All Plants -- -- $25,000 $82,000 Phase/Activity Totals $54,000 $17,000 $25,000 $82,000 Amendment No. 1 Total $178,000 This is a time and material budget for this project, based on the anticipated scope previously described. Future fiscal year budgets will be established in accordance with a schedule determined by the CLIENT and ENGINEER and based on permitting and regulatory needs of the CLIENT. The total anticipated fee, including the original fee for the Broadway WWTP permit renewal application of $29,000.00 and this Amendment No. 1 of $178,000.00 is, therefore, $207,000.00. Future amendments to this contract to add BASIC SERVICES related to regulatory support for the City's wastewater plants will be negotiated each year. EXHIBIT "A" Page 6 of 6 Revised November 26, 2013 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 EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Semple form fpr Payment Request Revised 071W100 Total Amount Previous Total Percent Contract Amd No, 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1.000 $0 $0 $1,000 10 11,000 11,000 100% 2 000 1,000 0 3,000 1 000 500 1,500 50% 500 0 250 750 0 0 0 096 2.500 0 1,000 3,500 0 0 0 096 $6000 11,000 $1,250 58,250 $750 $1,500 52,500 30% $2,000 50 50 12,000 $500 50 1500 25% 0 1,120 0 1,120 0 0 0 096 0 0 1.627 1,827 0 0 0 0°% TBD TBD TBD TBD TBD TBD TED 0% TBD TBD TBD TBD TBD TBD TBD 04,E TBD TBD TBD TBD TBD TBD TBD 096 $2,000 $1.120 $',627 14,747 5500 $0 $500 11% 56,000 $1.000 $1,250 38,250 5750 51,500 $2,500 30'4 2,000 1,120 1,627 4,747 500 0 500 11% 18,000 $2,120 12,877 112,997 11,250 11,500 $3.000 23% Contract for Professional Services Exhibit B SL'PPLIER NUMBER TO BE ASSIGNED BY CI rY PURCHASING DIVISION City of Corpus Christi 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: Alan Plummer Associates, Inc. P. O. BOX: STREET ADDRESS: 6300 La Calma Drive, Suite 400 CITY: Austin FIRM IS: 1. Corporation 2. Partnership 4. Association 5. Other B ZIP: 78752 Sole Owner ❑ 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°o or more of the ownership in the above named "firm." Name yq Job Title and City Department (if known) MIA J.- 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3°0 or more of the ownership in the above named "firm." Nary Title j l n 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°,a or more of the ownership in the above named "firm?' Name Board, Commission or Committee Nip - nawlz. 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°0 or more of the ownership in the above named "firm." Name N+q -Wont Consultant 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 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: Rex H. Hunt, P.E. Title: Principal (Type or Print) Signature of Certifying Person: c?\,J4. DEFINITIONS Date: Z /1 ir 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. Corpus Chr sti Engineering Wastewater Permit Assistance Council Presentation January 12, 2016 Project Location Engineering Allison WrP NA Broadway WTP Greenwood WTP Laguna MadreWTP Project Scope Engineering One-year base contract with four one-year option renewals. Services include: • TPDES permit renewal applications for Greenwood and Whitecap WWTPs (Year 1) • TPDES permit renewal processing and regulatory support for Broadway WWTP (Year 1) • Assistance in storm water permit renewal (Year 1) • Administrative and technical support during permit processing (Year 1 and Future) • Regulatory support associated with the operations of WWTPs (Year 1 and Future) • TPDES permit renewal applications for other WWTPs (Future) • TCEQ permit applications, processing, and regulatory support for other WWTPs (Future) Project Schedule Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan lEr17-- Regulatory Permit Assistance Project Estimate: 365 Calendar Days = 12 Months Projected Schedule reflects City Council award in January 2016 with anticipated construction completion by January 2017. AGENDA MEMORANDUM Future Item for the City Council Meeting of January 12, 2016 Action Item for the City Council Meeting of January 19, 2016 DATE: TO: Ronald L. Olson, City Manager December 16, 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 Daniel McGinn, Assistant Director, Environmental and Strategic Initiatives DanielMc@cctexas.com (361) 826-3245 Engineering Contract Corpus Christi Water Supply Model Updates CAPTION: Motion authorizing the City Manager or designee to execute a professional services contract with HDR Engineering, Inc. of Austin, Texas in the amount of $100,000 for the Corpus Christi Water Supply Model Updates. PURPOSE: The purpose of this agenda item is to obtain authority to execute a professional service contract needed for the Corpus Christi Water Supply Model Updates. BACKGROUND AND FINDINGS: The current Corpus Christi Water Supply Model (CCWSM) was developed to simulate the operations of the City's water supply system under an Agreed Order by the Texas Commission on Environmental Quality (TCEQ). Changes to weather patterns, City infrastructure and other factors require an update to the model. This project provides for an update to the existing CCWSM including the following elements: • Update hydrology condition changes in South Texas (drought condition) • Update to include water supply with completion of Mary Rhodes Pipeline Phase 2 • Re -Calculate Corpus Christi Water Supply System Yields • Update the graphical user interface of CCWSM • Provide technical memorandum of CCWSM update HDR Engineering was selected for this project because HDR provided the previous water supply modeling in 2003. ALTERNATIVES: 1. Authorize the execution of the professional services contract. 2. Do not authorize the execution of the professional services contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Environmental and Strategic Initiatives Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $105,500.00 $105,500.00 Encumbered / Expended Amount This Item $100,000.00 $100,000.00 Future Anticipated Expenditures This Project $5,500.00 $5,500.00 BALANCE $0.00 $0.00 Fund(s): Water Operating Comments: This project requires approximately 196 calendar days with anticipated completion in August 2016. The contract will result in the expenditure of an amount not to exceed $100,000. RECOMMENDATION: City Staff recommends approval of a professional services contract with HDR Engineering, Inc. of Austin, Texas in the amount of $100,000 for the Corpus Christi Water Supply Model Updates. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET CORPUS CHRISTI WATER SUPPLY MODEL UPDATES FUNDS AVAILABLE: Water Operating $105,500 FUNDS REQUIRED: Engineering Fees (HDR) $100,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $1,750 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs) $3,250 Misc $500 TOTAL $105,500 PROJECT BUDGET BALANCE $0 Corpus Christi Water Supply Model Updates ( South Texas Area ) Corpus Christi Water Supply Model Updates ( South Texas Area ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1._____... a 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 (Director of Engineering Services) and HDR Engineering, Inc. , a Texas corporation, 4401 West Gate Boulevard, Suite 400, Austin, Texas 78745, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Corpus Christi Water Supply Model Updates (Project No. El 5229) — This project is for updating the period of hydrologic record in the Corpus Christi Water Supply Model and using the updated model to re-evaluate system yields considering the new drought. In order to accomplish these objectives, updates to the model code are necessary to accommodate the hydrology update and simulate the Mary Rhodes Pipeline Phase 2 supply from the Colorado River as well as other changes identified by the City of Corpus Christi. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit "A". In addition, Consultant will provide monthly status updates (project progress or delays presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES 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. 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 Director of Engineering Services. The Director of Engineering Services 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. Contract for Professional Services Page 1 of 7 s..n.., r. M.R. IC.c.,.,.,,...,zn .,nr..,,..r.n ,...,n.re.r.,.R.,.r,,..c,..rn.Rn...rnrr 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $100,000.00. Monthly invoices will be submitted in accordance with Exhibit "B". The City's Project Manager from the Operating Department is responsible for assigning tasks to the Consultant and approving their daily/weekly/monthly hours. The Consultant is required to submit a detailed and approved hourly breakdown with their monthly invoice paperwork to the City for payment. 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court 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. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. 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. 6. INSURANCE 6.1 Consultant must not commence work under this agreement until all required insurance 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 (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Contract for Professional Services Page 2of7 v C..r...ccn...rh.r. Cvru.•.lLh.c...nr•crr,C.nnt.rl....C.rr.. .C.c,nn....TGf. 01 .nn. v •.flnri i nrs.7r..-?s..7n. rT..CA1, rn.rrr.. f.T A!\/. 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 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 shall be outside policy limits) 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 (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,0001$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 Contract for Professional Services Page 3of7 v. e..ru.rrn...r n.r.evnu..Ire. le.....ren.ean..nn....r.n-sI C. Brenn u..rrn onnr.. ve .anne. . innrrn..c..o rna.rn.rr nnr 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 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 and professional liability/Errors & Omissions 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; 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. Contract for Professional Services Page 4of7 V G.IFI.FCCTYIF.1/. n4TaCVFuu410FC 1C.I.IIrrn•G.M:-nr11..C.IT.F e.CrtM1A I.F n Ten 6.I119M V .MI,Cd 4.nn4TCIFM1.FTn. F14.I0141 . r 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. 7. TERMINATION OF CONTRACT 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. 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. 8. 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. 9. 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. 10.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 Consultant without the express written consent of the Director of Engineering Services. However, the Consultant may use standard details that are not Contract for Professional Services Page 5of7 1.. c..rr•.ccn•..r n.r.cvru...rm Ir..urrcnrc.nrnr••r..c.n-•r Le4t.41n ur.ren co iron, v ..nner I !Mr. Tel f•emi T n.rri.reur nn.nn..-t nnr. 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. 11.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. 12. DISCLOSURE OF INTEREST Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 13. CERTIFICATE OF INTERESTED PARTIES Consultant agrees to comply with Texas Govemment Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 14. CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. 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:1/www.cctexas.com/government/city-secretary/conflict- disclosurelindex. 15. ENTIRE AGREEMENT AND CONTROLLING LAW 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. 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. 16.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. Contract for Professional Services Page 6 of 7 LI c•.nu.ran.a in n.r.cvru.urc, Iru•urgnlr.nnnn.u.r..r a-q.o.1wn.u. rqn dnry v ..nnc. nnn.rrnn.rrn•rt. uc,.. rn.r,n.rr nn^ CITY OF CORPUS CHRISTI J.H. Edmonds, P.E. Date Director of Engineering Services RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta City Secretary Date Project Number E15229 Accounting Unit 4010-30230-072 Account 530000 Activity E15229014010EXP Account Category 30000 Fund Name Water Operating HDR EN INEERING, INC. —11110,11 a EZ S=ni• • ice Pr s*. � t 4401 West Gate Boulevard, Suite 400 Austin, Texas 78745 (512) 912-5100 Office (512) 912-5158 Fax Contract for Professional Services Page 7 of 7 K4ENGINEERING DATAEXCHANGEUENNIFERLENVIRONMENTAL1E15229 WATER SUPPLY MODEL UPOATEICONTRACTWEW CONTRACT, DOC City of Corpus Christi Corpus Christi Water Supply Model Updates Scope of Work November 9, 2015 HDR will perform the professional engineering services described in this Scope of Work. Objectives include updating the period of hydrologic record in the Corpus Christi Water Supply Model (CCWSM) and using the updated model to re-evaluate system yields considering the new drought. In order to accomplish these objectives, updates to the model code are necessary to accommodate the hydrology update and simulate the Mary Rhodes Pipeline Phase 2 supply from the Colorado River as well as other changes identified through discussions with the City of Corpus Christi (CoCC or City). Background The ongoing drought in South Texas has likely established a new drought of record necessitating an update of the CCWSM to recalculate yields (firm and safe) of existing sources. The current version of the CCWSM includes major water supply reservoirs in both the Nueces and Lavaca River Basins. The period of record of this version extends through 2003. Under this scope of work, the CCWSM (which simulates system operations of Choke Canyon Reservoir (CCR), Lake Corpus Christi (LCC), Lake Texana, and other supplies) will be modified to include hydrology through 2015. This updated CCWSM will then be used to calculate the new yields of the Corpus Christi water supply system. HDR developed the CCWSM for the CoCC to simulate operations of the City's water supply system under an Agreed Order issued by the Texas Commission on Environmental Quality (TCEQ). One use of the CCWSM is to determine the yield of the system under a variety of operating scenarios. Currently, the City uses a safe yield operating policy for planning purposes with a storage reserve of 125,000 acft in the CCR/LCC System. Organization of Scope of Work As Basic Services, HDR will perform four major tasks associated with updating the CCWSM. These Basic Services tasks are considered essential to accomplish the City's stated objectives. Upon request of the City, HDR will perform Additional Services focused on potential CCWSM enhancements including, but not limited to, those identified herein. Additional services are optional tasks provided for the City's consideration to initiate under this contract if funds are available and the desire to include these components exists. For purposes of this scope of work, the following definitions apply: • CCWSM — refers to the data files, executables, and associated programing (Fortran and VB.net) that comprise the model. HDR Engineering, Inc. Page 1 City of Corpus Christi EXHIBIT "A" Page 1 of 6 • Graphical User Interface (GUI) — refers only to the executable and VB.net codes that facilitate user input and output management. • Computational model — refers to the Fortran -coded executable that reads in data, performs calculations, and creates text -based output from simulating operational scenarios. Basic Services Task 1 — Update CCWSM Hydrology: Compile historical hydrologic data including: reservoir levels, water right diversions, effluent discharges, streamflow, precipitation, and evaporation through 2015. HDR will apply standard procedures to estimate missing or unavailable records as needed. Task 2 — Update Colorado River Supply Options: HDR will update the existing CCWSM to simulate supplies available from the Colorado River via the Mary Rhodes Pipeline Phase 2. This task will include development of an updated monthly time series of water available to Corpus Christi from the Colorado River. Task 3 — Calculate Corpus Christi Water Supply System Yields: HDR will use the updated CCWSM to calculate new yield estimates for a variety of operating scenarios. Task 4 — Meetings and Deliverables: HDR will meet with the City, deliver a technical memorandum summarizing the work performed under this scope of work, and provide an updated version of the CCWSM. Task 5 — Update Graphical User Interface: The existing CCWSM was developed to operate in a Windows XP environment with Microsoft 2007 and older programs. Model functionality is compromised with newer operating systems and programs. HDR will update the GUI model code (VB.net) to run in an updated operating system environment. Additional Services Task 6 — Enable Alternative Agreed Order Operations: HDR will update the CCWSM model to facilitate evaluation of potential TCEQ Agreed Order modifications being explored by the Nueces Estuary Advisory Council (NEAC) and Nueces River and Corpus Christi and Baffin Bays Basin and Bay Area Stakeholder Committee (Nueces BBASC). Task 7 — Update CCWSM Projection Mode: The CCWSM includes a short-term projection mode that forecasts CCR/LCC System storage and reservoir levels up to 36 months in the future given specified demand and starting lake levels. This mode does not include the operation of Lake Texana or other optional supply sources. The computational model code would be updated to include these other supply sources in the short-term projection mode. Some modifications to the GUI code may also be required. HDR Engineering, Inc. Page 2 City of Corpus Christi EXHIBIT "A" Page 2 of 6 Basic Services Task 1. Update CCWSM Hydrology Task 1.1 Compile available data necessary to update the hydrologic record in the CCWSM HDR will obtain, compile, and organize the hydrologic data necessary to update the model. This data includes reported water use, lake levels, streamflows, return flows, evaporation, and precipitation. This data will be obtained from a variety of sources and some data may be requested from the City. Task 1.2 Develop new naturalized flow and evaporation sets The data obtained in Task 1.1 will be used to develop new naturalized flows for all 10 control points in the CCWSM. Net evaporation sets for all four reservoir control points in the CCWSM will also be updated. Data in the model is anticipated to be updated for the January 2004 through December 2015 period. If all necessary data are not available through the end of 2015, HDR will use standard procedures to estimate any missing records to complete the data sets through 2015. The methodologies used for this task will be the same as those used for the previous update of the hydrologic record through 2003.1 This update will focus only the primary control points, streamflow gages or reservoir locations, in the CCWSM. Task 1.3 Update the reservoir elevation — area — capacity relationships in the model HDR will use the any recent TWDB bathymetric surveys of the City's reservoirs to develop new elevation — area — capacity relationships (EACs) for 2020, 2030, 2060, and 2070 sediment accumulation conditions. The EACs for Lake Corpus Christi, Choke Canyon Reservoir and Lake Texana are anticipated to be updated for these decades. Task 1.4 Update ungaged runoff estimates HDR will obtain updated ungaged runoff estimates from the Texas Water Development Board2 for the three areas of ungaged runoff contained in the hydrology data for the model. This data may already be available through 2014 and could potentially be updated by the TWDB for 2015 if provided updated precipitation estimates. In the event the data are not available from TWDB, HDR will use the TXRR (Texas Rainfall Runoff) Model to estimate ungaged runoff tributary to the Nueces Estuary for the 2004-2015 historical period. Available measured precipitation data will be used as the input to this model and runoff in acft per month will be the output. Task 1.5 Develop instruction guide for updating hydrology information HDR will develop an appendix to the technical memorandum in Task 4 that provides guidance on how to update the hydrology data in the model. The document will provide general instruction for how to update the model hydrology for all control points and evaporation data sets. It will HDR Engineering. Inc., "Updates and Enhancements to Lower Nucces Rirer Basin Bay and Estuary Model and Corpus Christi Water Supply Model," City of Corpus Christi, January 2006. 'htto;:+.+www,twdb.texasuov./surfacewaterlhaus;maiorestuaries/Gis;eres/docFE\ DB Hydrolop tiaecc;20110725.p df) and (Jtttn:/lmid¢ewater.twdb.texas.vov/bays estuaries/hydI4,uno su!nmary:.nuecessum.txt ). TWDB may have recently run ungaged estimates through 2014. HDR Engineering, Inc. Page 3 City of Corpus Christi EXHIBIT "A" Page 3 of 6 also include some specific notes on certain control points that utilize specific procedures or that differ in some way compared to the others in the model. The document will include data source used, methods and processes, and required format for inclusion of the data in the CCWSM. This task does not include providing engineering tools used to develop the hydrology contained in the model. Task 2. Update the Colorado River Supply Simulation Options Task 2.1 Update the model for Colorado River supply simulations HDR will update the CCWSM with a new availability time series for the Colorado River supply. This availability will be based on the updated TCEQ WAM. Task 3. Calculate Corpus Christi Water Supply System Yields Task 3.1 Calculate new yields of the Corpus Christi Water Supply System Using the updated CCWSM, HDR will perform a series of runs to calculate new system yields for up to 5 different scenarios. Scenarios will be identified in consultation with the City, but are expected to include firm and safe yield, reservoir sediment accumulation, use of altemative supplies being considered, and other options. These model runs will include the following fundamental assumptions: • Use of the 2001 Agreed Order monthly targets and pattern, • Full use of the Lake Texana system (41,840 acft/yr firm plus 12,000 acft/yr interruptible), • Lake Corpus Cluisti Target Stabilization Level = 74 ft-msl, • 5.35 MGD municipal & industrial effluent returned to Nueces Bay, and • 52°o return flow factor applied to all CoCC demands with discharges to the Nueces Estuary. Task 4. Meetings and Deliverables Task 4.1 Meetings to Present Initial & Final Results Prepare for and participate in one meeting involving CoCC staff, to present a summary of the analyses performed, results obtained, updated model demonstration, and any recommendations for further study. Task 4.2 Prepare a Draft Technical Memorandum and Presentation Prepare a draft Technical Memorandum and:or electronic presentation summarizing analyses performed, results obtained, and recommendations for further study. City staff will review these deliverables and provide comments to HDR. Task 4.3 Prepare and Submit Final Technical Memorandum and Presentation Prepare and submit a final Technical Memorandum and/or electronic presentation to the City staff addressing comments on the drafts. HDR Engineering, Inc, Page 4 City of Corpus Christi EXHIBIT "A" Page 4 of 6 Task 5. Update the Graphical User Interface for the CCWSM Task 5.1 Update the Graphical User Interface (GUI) HDR will update the operating code that drives the GUI portion of the CCWSM to execute in the current Windows 7 and Office 2013 operating environment. Project Schedule The following are estimated time requirements for completion of the Basic Services tasks from date of notice to proceed. All work is anticipated to be completed in 2016. Task Basic Services Task Description Time for Completion (from Notice to Proceed) 1 Update CCWSM Hydrology NTP +16 weeks 2 Update Colorado River Supply Options NTP + 16 Weeks 3 Calculate System Yields NTP + 18 Weeks 4 Meetings and Deliverables NTP + 28 Weeks 5 Update CCWSM GUI NTP + 28 Weeks Total Anticipated Total Time to Complete Tasks 1 — 4 —28 weeks Fee Estimate The following table summarizes the fee for Basic Services in the above scope of work. TASK BUDGET TASK DESCRIPTION AMOUNT 1 Update CCWSM Hydrology $62,000 2 Update Colorado River Supply Options $3,500 3 Calculate System Yields $4,500 4 Meetings and Deliverables $10,000 5 Update CCWSM GUI $20,000 Total $100,000 HDR Engineering, Inc. Page 5 City of Corpus Christi EXHIBIT "A" Page 5 of 6 Additional Services Upon request of the City, HDR will perform Additional Services focused on CCWSM enhancements including, but not limited to, those identified herein. Additional services are optional tasks provided for the City's consideration to initiate under this contract if funds are available and the desire to include these components exists. Fee estimates for Additional Services below are approximate and may be refined in consultation with the City. Task 6. Enable Alternative Agreed Order Operations ($25,000) Task 6.1 Evaluate options for updating the Agreed Order simulation routines in the CCWSM HDR will coordinate with the City and discuss options for updating the Agreed Order simulation routines in the CCWSM. Task 6.2 Update the CCWSM for additional Agreed Order operations HDR will update the CCWSM based on the findings of Task 6.1. This task would include evaluation of up to 5 different alternative Agreed Order scenarios and the potential impacts to system yield and Nueces Bay inflow. Task 7. Update the functionality of the projection mode of the model ($25,000) Task 7.1 Update projection mode in the CCWSM HDR will update the CCWSM projection mode for increased functionality. This update could include the operation of Lake Texana, MRP Phase 11, and or other optional supply sources as part of the projection mode. Task S. Include Aquifer Storage and Recovery (ASR) operations ($30,000) Task 8.1 Update CCWSM for advanced ASR simulation options HDR will update the CCWSM to include options for simulation of a conceptual ASR system. The update will include triggers for storing and recovering water and other options as identified by the City and HDR. HDR Engineering, Inc. Page 6 City of Corpus Christi Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 08 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 far Payment Request Revised 07f27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoke Complete 51,000 50 50 51,000 50 51000 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% 56000 51,000 51,250 58,250 5750 51.500 52,500 30% 52.000 $0 50 52,000 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% 52,000 51,120 51,627 54,747 $500 $0 $500 11% 56,000 51,000 51,250 58,250 5750 51500 52,500 30% 2.000 1,120 1,627 4,747 500 0 500 11% 58,000 52,120 52,877 512,997 51,250 51.500 53,000 23% Contract for Professional Services Exhibit B City of Corpus Christi 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: HDR Engineering, Inc. P. O. BOX: 4401 West Gate Boulevard, STREET ADDRESS: Suite 400 CITY: Austin FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other e ZIP: 78745 3. Sole Owner 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° o or more of the ownership in the above named "firm.' Name 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 3'0 or more of the ownership in the above named "hen." Name 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 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°0 or more of the ownership in the above named "firm." Name Consultant 0 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}j CERTIFICATION 1 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: Kelly J. Kaatz, P.E. (Type or Print) Signature of Certifying Person: Title: Senior Vice President DEFINITIONS Date: 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_ Corpus Christi Water Supply Model Updates Council Presentation January 12, 2016 Project Scope Provides an update the Corpus Christi Water Supply Model (CCWSM) to account for changes in weather patterns and City's infrastructure. The current model was developed in 2003 under Agreed Order by TCEQ. The model is used to determine water supply yields under a variety of operating scenarios. The scope includes the following elements: • Update hydrology condition changes in South Texas (drought condition) • Update to include water supply with completion of Mary Rhodes Pipeline Phase 2 • Re -Calculate Corpus Christi Water Supply System Yields • Update the graphical user interface of CCWSM • Provide technical memorandum of CCWSM update Example of Product: Short -Term Projection R Nutri Firer Mod J cont.'. I LCC Controls I Pipeline Operators 1 0ptons I Bay and Estuary Targets I EfkientControLs I Run 0gcripFvn (up to 100 characters) -Type alOperalian Finn Yield r Safe Yield 1 StwrtTerm Projection r Long Term Simulation (1934-2003) System Demand 11,5099 aty Stadieg Month INovember J Proleclien Pend 112 mo. Sediment Condition. 12m J r Fedora Harvest Csouletions Edit Intel Water Molly CCR -Storage 1261.781 ac 9 Choke Canyon Reservoir LCC Elevation: 18700 Jftmsl LCC Storage 141.5]9 act wTP GULF OF MEXICO Run Model Retrl0, 0 Re✓lew Prevaous Reset Single 00l0 . Run Compare Multiple Runs Exit 100 90 80 T 70 Fct L) 60 a 50 m 40 c 4) w 30 Percent System Storage 20 10 0 , ON> O,y O,y O, - O,� O,~ O,� Otis O,� O," O,� O,� O. 0 O,� O,, O,b Oo O,� 0\1c)01101,101 \ti c)01101,1010\ti e\ti�ti $\ti\ti c:01101,19 t.014'\1 $\titi C:0)' I\tiSti �\ti\ti u\1\�' e\41' Minumum Average 3 Project Schedule 2016 Feb Mar Apr May Jun Jul Aug Services Project Estimate: 196 Calendar Days = 7 Months Projected Schedule reflects City Council award in January 2016 with anticipated completion by August 2016. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of December 8, 2015 Second Reading for the City Council Meeting of January 12, 2016 DATE: November 17, 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 6425 King Trail CAPTION: Case No. 1015-02 Edward Gonzalez: A change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Map from estate residential uses to low density residential uses. The property is described as Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court. PURPOSE: The purpose of this item is to rezone the property to allow replatting into lots of one-half acre. RECOMMENDATION: Planning Commission and Staff Recommendation (November 4, 2015): Approval of the change of zoning from the "RE" Residential Estate District to the "RS -22" Single - Family 22 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the property owner wishes to plat the property into three lots that are 0.5 acres in size and one lot over one acre. Easements across the property are limiting development with the existing "RE" Residential Estate one acre minimum lot size. The proposed rezoning deviates from the Future Land Use Map designation but the deviation is not considered significant since the proposed density of a large lot character and proposed uses for single-family are very similar or identical to the designation of Estate Residential in the Comprehensive Plan. The proposed rezoning is consistent with past (2007) rezoning of the Lago Vista subdivision to the north and west allowing a Special Permit to reduce lot sizes in the Estate Residential District to 0.5 acres. It is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The property to be rezoned is suitable for half -acre lots. 56.68% of the land area within 200 feet of the subject property is represented as opposed to the rezoning. The opposition is comprised of two landowners. Concerns expressed by the neighbors are related to drainage, street access and easements, which would be reviewed during the subdivision platting process. Prior to voting, the Planning Commission advised the applicant to meet with the neighbors opposed. The applicant met with the neighbors, but it appears they did not reach an ultimate resolution. As of November 17, 2015, when this memo was finalized, the opposition remains at 56.68%. Because the opposition is greater than 20%, approval of the "RS -22" Single -Family 22 District will require 3/4 of the council members to vote in favor. This item was tabled on December 15, 2015, to come before Council on January 12, 2016. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the London Area Development Plan (ADP). The proposed rezoning to the "RS -22" Residential Single -Family District is consistent with the London ADP but not consistent with the adopted Future Land Use Map's designation of the property as Estate Residential with minimum lot sizes of one acre. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital iir: 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 Edward Gonzalez ("Owner"), by changing the UDC Zoning Map in reference to Lot 21, Block 2, The Coves at Lago Vista Unit 3, from the "RE" Residential Estate District to the "RS -22" Single -Family 22 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 Edward Gonzalez ("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, and November 4, 2015, during meetings of the Planning Commission when the Planning Commission recommended approval of the requested the "RS -22" Residential Estate District, and on Tuesday, December 8, 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 Edward Gonzalez ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court (the "Property"), from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, (Zoning Map No. 046029), as shown in Exhibit "A". Exhibit A, which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. 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 results in a change to the Future Land Use Map from estate residential to low density residential uses. 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. 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_1015-02 Edward Gonzalez Page 2 of 2 RE SP%07-06A 0 400 800 Feet Date Created: 9/28/2015 Prepared By: JeremyM Department of Development Services CASE: 1015-02 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 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-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home N S E SUBJECT PROPERTY LOCATION MAP City of Corpus Christi Exhibit "A" PLANNING COMMISSION FINAL REPORT Case No. 1015-02 HTE No. 15-10000059 Planning Commission Hearing Date: November 4, 2015 (Tabled from October 21, 2015) Applicant & Legal Description Applicant/Owner: Edward Gonzalez. Legal Description/Location: Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court. Zoning Request From: "RE" Residential Estate District To: "RS -22" Single -Family 22 District Area: 4.259 acres Purpose of Request: To allow the property to be replatted into four smaller lots. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RE" Residential Estate Vacant Estate Residential North "RE" Residential Estate/Special Permit Vacant Estate Residential South Outside City Limits Vacant Low Density Residential East "RE" Residential Estate Vacant Estate Residential West "RE" Residential Estate/Special Permit Vacant Estate Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the London Area Development Plan and is planned for estate residential uses or 1 -acre residential lots. The proposed rezoning to the "RS -22" Single - Family 22 District is not consistent with the adopted Future Land Use Map. Map No.: 046029 Zoning Violations: None Transportation Transportation and Circulation: The subject property is currently served by a private utility and access easement along the northeast edge of the property. Once The Coves at Logo Vista Subdivision is completed, the subject property will have direct access to South Oso Parkway along the western edge of the property. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2015) King Trail Local NA Two lanes, no curb gutter or sidewalks NA South Oso Parkway Parkway/Collector 80' ROW, two lanes, hike bike trail None NA Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RE" Residential Estate District with minimum lot size of one acre to the "RS -22" Single -Family 22 District with minimum lot size of 0.5 acres. The property owner wishes to plat the property into three lots that are 0.5 acres in size and one lot over one acre. Easements across the property are limiting development with the existing "RE" Residential Estate one acre minimum lot size. Development Plan: The proposed rezoning is within The Coves at Largo Vista Unit 3 Subdivision. The applicant is proposing a single-family development on the 4.259 -acre tract of land. The rezoning application land use statement indicates a desire to replat the property into four single-family lots. At a minimum, the Unified Development Code would require a 25 -foot wide front yard and 10 -foot rear and side yards for each lot. The subject property currently has access from a 60 -foot wide access easement on the northern edge of the property. In the future South Oso Parkway will abut the western edge of the property. Existing Land Uses & Zoning: To the West and North of the subject property the area is zoned with an "RE" Residential Estate District with a Special Permit allowing a minimum lot size of acres. The land use to the West and North is a combination of vacant land and a subdivision under construction. East of the subject property is zoned "RE" Residential Estate District and is developed with a single family dwelling. South of the subject property is outside city limits and is vacant King Ranch property. The "RE" Residential Estate District requires setback requires are: 50 foot front yard; 25 side yard; and 15 foot rear yard. The "RS -22" Residential 22 District setbacks are: 25 foot front yard; 10 side and rear yards. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the London Area Development Plan (ADP). The proposed rezoning to the "RS -22" Residential Single -Family District is consistent with the London ADP but not consistent with the adopted Future Land Use Map's designation of the property as Estate Residential with minimum lot sizes of one acre. Planning Commission Final Report Page 3 While the land use designation is not exactly consistent with the Future Land Use designation, the proposed density is substantially less than standard urban residential densities and should still be considered a "large lot" residential density more similar to densities found in Estate Residential than found in Low Density Residential Development land use categories. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: The density of development in an area should be directly related to the design capacity of the infrastructure. (Policy Statements — General. Policy F.) Since there is no municipal wastewater service in this area, the minimum lot size will allow development to occur and still meet minimum lot size standards for on-site waste disposal systems. - Each neighborhood of the City shall be protected and/or improved so as to be a desirable and attractive residential environment. (Policy Statements — Residential. Policy A.) Development in the area is of a large lot character as proposed by this rezoning. - The London Area Development Plan suggested that the city discourage on-site waste disposal systems due to the low permeability of the Victoria Clay soils in the area. While the proliferation of on-site waste disposal systems remains a concern, a municipal wastewater system to serve the area is unlikely in the foreseeable future. Provide flood plain management to reduce erosion, peak flows, and poor water quality. (Policy Statements — Stormwater System. Policy B.) The property location is very near the Oso Creek. Large lot development is generally preferable in this location as there is less impervious service associated with large lots (compared with smaller lots/high density development) and, therefore, less urban runoff will flow directly into Oso Creek. Plat Status: The subject property is platted, however, the property owner wishes to replat Lot 21 into smaller lots. The property owner has indicated the desire to replat into four lots. The RS -22 District will allow Lot 21 to be replatted into a maximum of eight lots. Department Comments: • The proposed rezoning deviates from the Future Land Use Map designation but the deviation is not considered significant since the proposed density of a large lot character and proposed uses for single-family is very similar or identical to the designation of Estate Residential in the Comprehensive Plan. • The proposed rezoning is consistent with recent (2007) past rezoning of the Lago Vista subdivision to the North and West allowing a Special Permit to reduce lot sizes in the Estate Residential District to 0.5 acres. • It is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. • The property to be rezoned is suitable for half -acre lots. Planning Commission Final Report Page 4 Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RE" Residential Estate District to the "RS - 22" Single -Family 22 District. Public Notification Number of Notices Mailed — 10 within 200 -foot notification area 2 outside notification area As of November 17, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 7 inside notification area — 0 outside notification area Totaling 56.68% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\1015-02 Lago Vista Unit 3 (Ed Gonzalez)\Council Documents\Report for CC_1015-02 Edward Gonzalez.docx 0 9 400 800 Feet Date Created: 9/28/2015 Prepared By: JeremyM Department of Development Services CASE: 1015-02 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 I I Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition N w E SUBJECT PROPERTY s LOCATION MAP City of Corpus Christi P°s cy' 44 i I ~1. �� `' 1igi Development Services Dept P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: 1015-02 Map No: 046029 Bob Payne PC Hearing Date: 10/21/15 Proj.Mgr: Y Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPUCATIONS WILL NOT BE ACCEPTED. 1. Applicant: Edward Gonzalez Contact Person : Victor S. Medina Mailing Address: P.O. Box 7129 City: Corpus Christi State: TX zip: 78414-3981 Phone: ( ) co: (361 ) 563-9977 E-mail: 2. Property Owner(s): Edward Gonzalez Contact Person : Victor S. Medina Mailing Address: 6113 Queen Jane Street City: Corpus Christi State: TX ZIP: 78414-3981 Phone: ( ) Cell: (361 ) 563-9977 E-mail: 3. Subject Property Address: 6425 King Trail Area of Request (SF/acres): Current Zoning & Use: RE - Residential Proposed Zoning & Use: RS -22 - Residential 12 -Digit Nueces County Tax ID: 1956 - 0002 - 0210 Subdivision Name: Lago Vista Unit 3 Block: 2 Lot(s): 21 Legal Description if not platted: 4. Submittal Requirements: Date Held June 3, 2015 ; with City Staff Mark Orozco o Early Assistance Meeting: 0 Land Use Statement 0 Disclosure of Interest 0 Copy of Warranty Deed IF APPLICABLE: is inconsistent with exhibit landowner ■ Peak Hour Trip Form (if request with Future Land Use Plan) ■ Site Plan for PUD or Special Permit ■ Metes & Bounds Description if property includes un -platted land (sealed by RPLS) 1 Lien Holder Authorization is not signing this form o Appointment of Agent Form if I certify that I have provided the City / n beha of Corpus i e Christi with a complete application for review that I am authori - • : initiate this rezoning the Property Owner(s); and th - ::.. - o on prgyided, is - � r rate. — Applicant's Signature Edward Gonzalez Owner or . • - • - . Edward Gonzalez Owner or Agent's Printed Name Applicant's Printed Name Oce Use Only: Date Received: 9/7R/1 S Received By: BKP ffiADP: T,on don Rezoning Fee: 1692.50 + PUD Fee 0 + Sign Fee 10.00 = Total Fee 1702.50 No. Signs Required 1 @ $10/sign ign Posting Date: 10/6/15 KIDEVELOPMENTSVCSISHAREDILAND DEVELOPMENTIAPPLICATIONFORMSIRFZONINGZONING 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 building(s)/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. Reduction in the size of residential lots for the purpose of re -platting 4.259 acres into (4) smaller Tots so as to comply with RS -22 zoning requirements. 2. Identify the existing land uses adjoining the area of request: North - RE - Residential South N/A - No present zoning East RE - Residential West - RE - Residential C:\USERSITANYAR.0001DESKTOPIDAILY USEWNNIKAILAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS 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: Edward Gonzales STREET: 6113 Queen Jane Street CITY: Corpus Christi ZIP: 78414-3981 FIRM is: O 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 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 N/A 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 Consultant N/A CERTIFICATE [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: Edward Gonzales (Print Name) Signature of Certifying Perso Title: OWNER Date: 8/7-1715- K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT_5.12.2015.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: Victor S. Medina Mailing Address: P.O. Box 7129 City: Corpus Christi State: TX Zip: 78467-7129 Home Phone: ( ) Business Phone: ( ) Cell: ( 361 ) 877-1255 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 legally 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 is binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a r-fe -n e to the ;z' tity. *Signature of Agent: Printed/Typed Name of Agent:6 Victor S. Medina Date: 7z///5 Title: RPLS *Signature of Property Owner Printed/Typed Name of Property Owner: Edward Gonzalez Date: Title: Owner *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 - CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS 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". FIRM NAME // G � / ' CD/46- STREET: Z , c%5C J< 7 / ze CITY; C iq/s r�/�2/S1'/ ZIP: %(f �i�9 2. Partnership 3. Sole Owner ✓ 4. Association FIRM is: 1, Corporation 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this 'Sage 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) 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// 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 11(//// 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 ownershipan-the-above named' firm". Name //w 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, Te -s as changes occur. Certifying Person: /- / r %--10//t 'i Title: ere'gESC ran✓ ficig (Type or Print) / 1 QGd�cl�✓ Signature of Certifying Person: - bats: CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS 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 FIRM NAME iZ • `/ STREET: `T&5U :,zoo rCL� to C1TY: O ehir;5TL i 1'2x s ZIP: `734//5 - FIRM s: 1. Corporation 2. Partnership 3. Sole Owner 4. Association y/oye DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this !Sage 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) 5. Other 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 Tine 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 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-theabove named"fIrm". Name / N/4 Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly the City of Corpus Chris Texas as changes occur. 4-0/Vee the t vi -1-4 Title: I/4(e CY0.44 withheld disclosure of any information requested;and that supplemental statements will be promptly submitted to Certifying Person: (Type or Print) Signature of Certifying Person: Date: (/!S- Betty P. City of Corpus Christi Development Services Department P.O. Box 9277 Corpus Christi, TX 78469-9277 Betty, lam writing in protest of the zoning change Case No. 1015-02 Edward Gonzalez. lam an adjacent landowner and respectfully request that the rezone of this subject tract not be accepted nor appro►ed. Listed below are the items for the basis of my protest: • Flood Zone issues, inadequate drainage from subject property► onto my prpoerty Easement issues on the subject property that are granted to myself Access to the subject property, easement issues • Maintenance on the easement access • Schedule of future City Streets accessing the subject property Respectfully, ctie Frank Tom Shumate Jr. 6118 King Trail Corpus Christi, TX 78414 FID #'s 1 and 3 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact 1 the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, oue tienen la intencion de asistir a esta junta y que reauieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su inciles es limitado, favor de Ilamar al departamento de servicios de desarrollo al niimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1015-02 Edward Gonzalez has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Map from estate residential uses to low density residential uses. The property to be rezoned is described as: Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan. will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 21, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED 1N ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: •rrC Address: 6 i i g 14l //\a, L City/State: )—pas ( ) IN FAVOR ( ) IN OPPOSITION_ ,- ------------ , ` ire,. E U V E \IL 1 1I, ,�°.I 91)2015 1! i , Y SLI: -'{ICES REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 3 HTE# 15-10000059 Phone: 3 i 1- 2/ Sig. 7/ Case No. 1015-02 Project Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 3 425000320125 SHUMATE FRANK THOMAS TRUST NO 2 8253 King Ranch Dr CORPUS CHRISTI, TX 78414 RE S P7 -o -7-94y1. RE L� 400 /y1674'r g, ® ATNIt BOWES 02 1M $ 00.485 0004267110 CCT09 2015 MAILED FROM ZIP CODE 78412 Date Cremona B?t20f5 Prepared ay Amaral Deuenmere of Oe8Nopm nt Smears CASE: 1015-02 SUBJECT PROPERTY WITH ZONING F] .1 Subject f� Property RI.•t uWnll.mly 1 RM.2 Mullll.mlry 2 RAW 0bnnamly3 Ea Prol.ltlonal One• RM AT Muiltamly AT CNA 1NIOkkorlr000 Commercial CH•2 Meidnnorneed COrnm.rlel CR 1 Resort Commercial CR 2 Resort Commercial C0.t General Commercial CG.2 General Commerce! C, Intensive Commercial COO Downtown Commercial CA -0 Resort Commercial FR Faml ROOF H He1mIC Overlay B P Boatman Part 0. UOltl Industrial IH Homey Innuern.l P010 Planned Unlit O.v overlay R3-10 Sur04.Fam.y 10 854 Olnpl• Famly 4 854 0 OMgle-Fondly s R5•T0 Two-F.mly 85.10 SIn01.4amHy 12 RE R.tid.nlel EOM. RS -T/1 Townhouse SP Spatial Perm1 Ry Recreational Which Park RAN Manufactured Ham• L [LOCATION MAP City of Corpus Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen Ia intention de asistir a este junta v aue reauieren servicios especiales, se les suplica que den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante Ia iunta v su ingles es limitado, favor de !lamer al departamento de servicios de desarrollo al nitmero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1015-02 Edward Gonzalez has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Map from estate residential uses to low density residential uses. The property to be rezoned is described as: Lot 21, Block 2, The Coves at Lago Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 21, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by Tetter. Printed Name: lbPt" t .i n44 ._ Address: 6 II r15 I ('t j 77k. r L CitylState: 6-'• 7)C ( ) IN FAVOR ( ) IN OPPOSITION Phone: .( /— .91( %V REASON: OCT 2 0 2015 D DEVELOPMENT SERVICES SFEGF _ SERVICES SEE MAP ON REVERSE SIDE Property Owner ID: 1 HTE# 15-10000059 —Signature Case No. 1015-02 Project Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 1 425000320100 SHUMATE FRANK THOMAS TRUST NO 2 8253 King Ranch Dr CORPUS CHRISTI, TX 78414 1-9 co PCS? 0 130 PITNEY BOWLS 02 1M $ 00.486 0004287110 CCT09 2015 MAILED FROM ZIP CODE 7841 2 0 100 100 Feel Oafs Cream 11217011 Prepared By Jeremy , 0gr4rlmvr of pnsiopmwlt lervlces CASE: 1015-02 SUBJECT PROPERTY WITH ZONING Subject Propeny RY-I MuNNamly 1 RM4 MUN11arnly7 R01-7 Semite 111.11V 7 ON Proleselerw 7711[e RM -At Multifamily AT +N•T 1Mlphiwrhood CommacMl CN 2 NelonoerheedCemmerelal CR 1 Renal CPmmercal CR.7 RasortCommercisl C0.1 General Cowrie -Lie' C0.2 General Commercial CI Intensive Commercial C80 Downtown Commercial CR3 Resort Commercial FR Farm Rural N Mltork Overlay RP Biomes Park 11. IJRh1 Nqueplal 114 Realty Induelrlel PUD Planned One par Overlay R8411 Smp4.Fernly td RS -111 mnylfamly 11 1117-4! Simple Family a! RS -TF Ter1Famly Rl 11 91nWM.Famly t! RIE Raa.NnllaI Emma 115.711 Townhouse SP Specie Perinea Ry Recreational Weide Pak RMN Menulactured memo SUBJECT PROPERTY rrvwr City or Corpus Chrtstf Perstms-with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidadesj que tienen la intention de asistir a este iunta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Hernando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting usted desea dirigirse a la commission durante la iunta v su inal < _es limitado, favor de !lamer al depe"Fr, -nto d?servic saerr. lo al nOmero 361 826-3240 al menos 48 h �, as ant -s de la •unta •are solicit jun 11 tsJr`resen 6 &rift.. ' nta • U imam OCT 2 6 2015 J CITY PLANNING COMMISSION DEVELOPMENT SERVICES PUBLIC HEARING NOTICE Rezoning Case No. 1015-02 SPECIAL SERVICES DEVEL SPE,. Edward Gonzalez has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RS -22" Single -Family 22 District, resulting in a change to the Future Land Use Map from estate residential uses to low density residential uses. The property to be rezoned is described as - Lot 21, Block 2, The Coves at Lego Vista Unit 3, located approximately 1,200 feet east of King Ranch Drive and 600 feet south of the corner of Oso Parkway and Green Jay Court The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 21, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240 TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: 1.0,1/444)SC Address: 6434r 646-e►✓wmp0 , 1 v( City/State: LaR "s CLA1r2,,LEn, 7064-s ( ) IN FAVOR ( N OPPOSITION CS5-7 mss) Phone: ¢ 62 -07 - REASON: /5 goi Ce-i,►x /s rG` rim-- w JEry 2vPr» o'C 7• fit! 2-R0 (4 ,J -O t rJ -A • "fik J e s , STAFF NOTE: FID#'S 0,6,7,8,9 Signature SEE MAP ON REVERSE SIDE Property Owner ID: «FID» HTE# 15-10000059 Case No 1015-02 Project Contact Bob Payne Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 12, 2016 Second Reading for the City Council Meeting of January 19, 2016 DATE: December 22, 2015 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3294 Public Hearing and First Reading for Rezoning Property at 6201 and 6301 McArdle Road CAPTION: Case No. 1115-01 Charlie Thomas' Courtesy Ford, Inc.: A change of zoning from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "CN -1" Neighborhood District (Tract 1) and "CG -2" General Commercial District (Tract 2), resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The property is described as a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, located along the south side of McArdle Road between Prince Drive and Clare Drive. PURPOSE: The purpose of this item is to rezone the property to develop additional vehicle storage for existing auto dealership. RECOMMENDATION: Planning Commission and Staff Recommendation (December 2, 2015): Tract 2 - Approval of the "CG -2" General Commercial District. Tract 1 - Denial of the change to "CN -1" Neighborhood Commercial District and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit subject to eleven conditions: 1. Uses: All uses allowed in the "RM -1" Multifamily 1 District, plus the use of the property for parking of vehicles associated with automobile sales and service. Consequently, no commercial buildings are permitted on Tract 1. 2. Buffer Yard: A 20 -foot buffer yard shall be required along McArdle Road and shall consist of trees, landscaping, and a screening fence. 3. Landscaping: The 20 -foot required buffer yard shall include 2 1/2 -inch caliper canopy trees planted every 30 feet and 500 landscape points achieved by plantings other than trees. 4. Screening: A minimum six-foot tall solid screening fence (excluding metal) shall be installed, maintained, and remain in place along McArdle Road south of the required landscaping. 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height. No private freestanding light shall be installed within 20 feet of the McArdle Road right-of-way. 6. Outdoor Intercom Systems: Intercom systems may not exceed 60 decibels (dBA) at the property line along McArdle Road. 7. Dumpsters: Solid waste containers shall not be located within the 20 -foot buffer yard. 8. Hours of Operation: 6:30 AM to 7:30 PM 9. Ingress/Egress: A maximum of one ingress/egress point shall be permitted along McArdle Road, which shall be aligned with Nancy Drive unless otherwise determined by Staff during the plan review process. Such access point shall be limited to emergency and employee use only and shall have a bar for the purpose of limiting access of delivery vehicles. McArdle Road shall not be used for deliveries. 10. Time Limit: This Special Permit shall expire if applicable site and building permits for the buffer yard, landscaping and screening fence are not obtained within three years of the approval date of the ordinance. 11.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC and Building Code Requirements. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning to the "CN -1" Neighborhood District on Tract 1 and "CG -2" General Commercial District on Tract 2 to develop additional vehicle storage for an existing auto dealership and to create a 100 foot wide strip of "CN" Neighborhood District zoned property along McArdle Road as a buffer to the neighborhood. The proposed rezoning is consistent with some elements of the Comprehensive Plan and the Southeast Area Development Plan, but is not consistent with the Future Land Use Map where the property is planned for medium density residential. It is staff's opinion that the proposed rezoning of Tract 1 may negatively impact the surrounding residential properties across McArdle Road. Staff does not object altogether to the expansion of the existing dealership as such may be appropriately categorized as infill development. Precedent exists throughout the City for requiring buffer areas to mitigate impacts from nonresidential development on residential development. Such precedent exists approximately 1,400 feet to the east of the subject property for the same use. Staff finds it appropriate to apply the same or similar zoning to the subject property. The applicant is in agreement with the Staff and Planning Commission recommendation, which includes a Special Permit and its conditions. ALTERNATIVES: 1. Approve the rezoning to "RM-1/SP" on Tract 1 and "CG -2" on Tract 2 as recommended by Staff and Planning Commission. 2. Approve the request to "CN -1" Neighborhood District on Tract 1 and "CG -2" General Commercial District on Tract 2. 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning is not consistent with the Southeast ADP or the adopted Future Land Use Map's designation of the property as medium density residential. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital �p 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 (PC) — "RM-1/SP" and "CG -2" Ordinance — Alternative to approve the applicant's original request "CN -1" and "CG -2" Planning Commission Final Zoning Report Ordinance amending the Unified Development Code ("UDC"), upon application by Charlie Thomas' Courtesy Ford, Inc. on behalf of Patrick and Amy Nolan ("Owners"), by changing the UDC Zoning Map in reference to a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "RM-1/SP" Multifamily 1 District with a Special Permit (Tract 1) and to the "CG - 2" General Commercial District (Tract 2); 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 Charlie Thomas' Courtesy Ford, Inc. on behalf of Patrick and Amy Nolan ("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, December 2, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "CG -2" General Commercial District (Tract 2) and "RM-1/SP" Multifamily 1 District with a Special Permit (Tract 2), and on Tuesday, January 12, 2016, 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 application by Charlie Thomas' Courtesy Ford, Inc. on behalf of Patrick and Amy Nolan ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, located along the south side of McArdle Road between Prince Drive and Clare Drive (the "Property"), from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District (Tract 2) and "RM-1/SP" Multifamily 1 District with a Special Permit (Tract 1) (Zoning Map No. 041035), as shown in Exhibits "A", "B", "C" and "D." Exhibits A and C, which are metes and bounds descriptions of the Property, and Exhibits B and D, which are maps to accompany the metes and bounds, and Exhibit E, which is a site plan, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner complying with the following conditions and site plan (Exhibit E): 1. Uses: All uses allowed in the "RM -1" Multifamily 1 District, plus the use of the property for parking of vehicles associated with automobile sales and service. Consequently, no commercial buildings are permitted on Tract 1. 2. Buffer Yard: A 20 -foot buffer yard shall be required along McArdle Road and shall consist of trees, landscaping, and a screening fence. 3. Landscaping: The 20 -foot required buffer yard shall include 2 1/2 -inch caliper canopy trees planted every 30 feet and 500 landscape points achieved by plantings other than trees. 4. Screening: A minimum six-foot tall solid screening fence (excluding fences with metal sheeting or panels) shall be installed, maintained, and remain in place along McArdle Road south of the required landscaping/buffer yard. 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height. No private freestanding light shall be installed within 20 feet of the McArdle Road right-of-way. 6. Outdoor Intercom Systems: Intercom systems may not exceed 60 decibels (dBA) at the property line along McArdle Road. 7. Dumpsters: Solid waste containers shall not be located within the 20 -foot buffer yard. 8. Hours of Operation: 6:30 AM to 7:30 PM 9. Ingress/Egress: A maximum of one ingress/egress point shall be permitted along McArdle Road, which shall be aligned with Nancy Drive unless otherwise determined by Staff during the plan review process. Such access point shall be limited to emergency and employee use only and shall have a bar for the purpose of limiting access of delivery vehicles. McArdle Road shall not be used for deliveries. 10. Time Limit: This Special Permit shall expire if applicable site and building permits for the buffer yard, landscaping and screening fence are not obtained within three years of the approval date of the ordinance. 11.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC and Building Code Requirements. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. Page 2of4 SECTION 4. 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 5. The Comprehensive Plan Future Land Use Map is amended by this ordinance to reflect a commercial land use designation on the Property. If the Special Permit on Tract 1 expires, the Future Land Use Map designation of Tract 1 shall revert to medium density residential uses. SECTION 6. 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 7. Publication shall be made in the City's official publication as required by the City's Charter. Page 3 of 4 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 for CG -2 and Special Permit_1115-01 Charlie Thomas' Courtesy Ford Page 4 of 4 STATE OF TEXAS COUNTY OF NUECES ELIZONDO & ASSOCIATES 5805 CALLAGHAN RD. STE. 109 PHONE (210) 375-4128 FAX (210) 375-5130 "EXHIBIT A" CG -2 Zoning Area A 9.8511 acre tract of land in a portion of Lots 5 and 6, Block 1 of Dusty Hills, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded in Volume 64, Page 195-196, Map Records, Nueces County, Texas, being more particularly described as follows: COMMENCING at an "X" scribed in concrete at the north corner of said Lot 5, being in the southwest right of way line of McArdle Road; THENCE South 29° 01' 30" West, with the west line of said Lot 5, a distance of 100.00 feet to the north corner of the herein described tract, same being the POINT OF BEGINNING; THENCE South 61° 02' 06" East, a distance of 991.51 feet to the northeast corner of the herein described tract, being in the east line of said Lot 6; THENCE South 29° 03' 53" West, with the east line of said Lot 6, a distance of 397.57 feet to the southeast corner of the herein described tract and said Lot 6; THENCE North 61° 03' 31" West, with the south line of said Lot 6, a distance of 554.39 feet to an angle point of the herein described tract, said point being in the east line of said Lot 5; THENCE South 29° 01' 30" West, with the east line of said Lot 5, a distance of 80.00 feet to the southeast corner of said Lot 5; THENCE North 60° 57' 27" West, with the south line of said Lot 5, a distance of 436.84 feet to the southwest corner of the herein described tract and said Lot 5; THENCE North 29° 01' 30" East, with the west line of said Lot 5, a distance of 477.20 feet to the POINT OF BEGINNING and containing 9.8511 acres (429,114 square feet) more or less. Enrique C. Elizondo, R.P.L.S. No. 6386 EXHIBIT A 10/12/2015 FIELD NOTE DESCRIPTION 9.8511 acres of land in a portion of Lots 5 and 6, Block 1 of Dusty Hills, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded in Volume 64, Page 195-196, Map Records, Nueces County, Texas, being more particularly described in Exhibit 'A" and made a part of hereto. Drawn By: LJG Survey Date: 10/12/2015 Phone: (210) 375-4128 Fax: (210) 375-5130 5805 Callaghan Road, Suite 109 San Antonio, Texas 78228 TEXAS LICENSED SURVEYING FIRM No. 10193864 www.elizondoassociates.com LEIizondo 81 Associates LAND SURVEYING & ]LAPPING. LLC. CG -2 ZONING AREA EXHIBIT P.O.C. "X" CUT FOUND (C.M.) P.O.B o • Mc4 60 '1,)-101 1R C// 0,90 of8/q 67° 02,0$ 99 0 ° S6 LOT 5 PARCEL ID. 200119790 o 02/08 F \ 99�'s7-\ LOT 6 PARCEL ID: 200119792 "Coo S), 2, 43684 S29° 01' 30"W 80.00' (R) 6' 03, 37.,, EXHIBIT B 1 GRAPHIC SCALE 100 1"=100' "X" CUT FOUND (C.M) 200 I, Enrique C. Elizondo, a Registered Professional Land Surveyor do hereby certify that this plat represents an actual survey made on the ground under my supervision and substantially complies with the minimum standards for land surveying in Texas as set forth by the Texas Board of Professional Land Surveying and that there are no encroachments or visible easements, to the best of my knowledge and belief, except as shown herein. This 12th day of October, 2015. Enrique ondo Register rofessional Land Surveyor Texas Registration No. 6386 STATE OF TEXAS COUNTY OF NUECES EL1ZONDO & ASSOCIATES 5805 CALLAGHAN RD. STE. 109 PHONE (210) 375-4128 FAX (210) 375-5130 A 100 foot wide tract being 2.2763 acres of land in a portion of Lots 5 and 6, Block 1 of Dusty Hills, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded in Volume 64, Page 195-196, Map Records, Nueces County, Texas, being more particularly described as follows: BEGINNING at an "X" scribed in concrete at the north comer of said Lot 5, being in the southwest right of way line of McArdle Road, THENCE South 61° 02' 08' East, with the northeast line of said Lot 5 and Lot 6 and the southwest right of way line of McArdle Road, a distance of 991,57 feet to an "X" scribed in concrete at the north comer of said Lot 6; THENCE South 29° 03' 53" West, with the east Zine of said Lot 6, a distance of 100.00 feet to the southeast comer of the herein described 100 foot wide tract THENCE North 61° 02' 08' West, a distance of 991.51 feet to the southwest comer of the herein described 100 foot wide tract, being in the west line of said Lot 5; THENCE North 29° 01' 30" East, with the west line of said Lot 5, a distance of 100.00 feet to the POINT OF BEGINNING and containing 2.2763 acres (99,154 square feet) of land, more or Tess. Enrique C. Elizondo, R.P_L.S. No. 6386 EXHIBIT C 10/1212015 FIELD NOTE DESCRIPTION A 100 foot wide tract being 2.2763 acres of land in a portion of Lots 5 and 6, Block 1 of Dusty Hills, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded in Volume 64, Page 195-196, Map Records, Nueces County, Texas, being more particularly described in Exhibit 'A" and made a part of hereto. Drawn By: LJG Survey Date: 10/12/2015 Phone: (210) 375-4128 Fax: (210) 375-5130 5805 Callaghan Road, Suite 109 San Antonio, Texas 78228 TEXAS LICENSED SURVEYING FIRM No. 10193864 www.elizondoassociates.com Elizondo 84 Associates LAND SUR\ EYING & MAPPINC. "X" CUT OUND (C.M.) 0 p p. 100' CN -1 ZONING AREA EXHIBIT 4/0,9 60 �O` Y 610 62,6$ 991 0 is GRAPHIC SCALE 100 EXHIBIT D c "X" CUT FOUND (C.M.) 0 Op' o 1"=100' 200 I, Enrique C. Elizondo, a Registered Professional Land Surveyor do hereby certify that this plat represents an actual survey made on the ground under my supervision and substantially complies with the minimum standards for land surveying in Texas as set forth by the Texas Board of Professional Land Surveying and that there are no encroachments or visible easements, to the best of my knowledge and belief, except as shown herein. This 12th day of October, 2015. Enrique ondo Register rofessional Land Surveyor Texas Registration No. 6386 L gra Untitled Map +111= a IF, npturi fqr /our rap 111:41614. 44 s In Arit missialatrth- Tract 1 LLIIILL11111111_11.11.111LIILLLILLJ111111.1_1_111i111111111111___11111.111LU_ILL11111111fii_1111_11111111 HIIHHIUIHIHIHtJHHIHIHHIH Tract 2 c1 ' 117,, Tfile:L'EA' n"' " 1.711L- Aro. t_ — m_stillie Kern. to seo 20' Landscape Buffer 6' High Fence —100' Setback LI W vier - 2 eik.t FENRIEIMi r wittlignEmt EvEEDErf e F tr,E, Xt. INT rrIrrrrE a .1 — -• • rrr r=rr VI EXHIBIT E Ordinance amending the Unified Development Code ("UDC"), upon application by Charlie Thomas' Courtesy Ford, Inc. on behalf of Patrick and Amy Nolan ("Owners"), by changing the UDC Zoning Map in reference to a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "CN -1" Neighborhood District (Tract 1) and "CG -2" General Commercial District (Tract 2); 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 Charlie Thomas' Courtesy Ford, Inc. on behalf of Patrick and Amy Nolan ("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, December 2, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "CG -2" General Commercial District (Tract 2) and "RM-1/SP" Multifamily 1 District with a Special Permit (Tract 2), and on Tuesday, January 12, 2016, 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 application by Charlie Thomas' Courtesy Ford, Inc. on behalf of Patrick and Amy Nolan ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, located along the south side of McArdle Road between Prince Drive and Clare Drive (the "Property"), from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "CN -1" Neighborhood District (Tract 1) and "CG -2" General Commercial District (Tract 2) (Zoning Map No. 041035) as shown in Exhibits "A", "B", "C" and "D." Exhibits A and C, which are metes and bounds descriptions of the Property, and Exhibits B and D, which are maps 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. The Comprehensive Plan Future Land Use Map is amended to reflect a commercial land use designation on the Property. 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 for CG -2 and CN -1_1115-01 Charlie Thomas' Courtesy Ford 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 for CG -2 and CN -1_1115-01 Charlie Thomas' Courtesy Ford Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES ELIZONDO & ASSOCIATES 5805 CALLAGHAN RD. STE. 109 PHONE (210) 375-4128 FAX (210) 375-5130 "EXHIBIT A" CG -2 Zoning Area A 9.8511 acre tract of land in a portion of Lots 5 and 6, Block 1 of Dusty Hills, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded in Volume 64, Page 195-196, Map Records, Nueces County, Texas, being more particularly described as follows: COMMENCING at an "X" scribed in concrete at the north corner of said Lot 5, being in the southwest right of way line of McArdle Road; THENCE South 29° 01' 30" West, with the west line of said Lot 5, a distance of 100.00 feet to the north corner of the herein described tract, same being the POINT OF BEGINNING; THENCE South 61° 02' 06" East, a distance of 991.51 feet to the northeast corner of the herein described tract, being in the east line of said Lot 6; THENCE South 29° 03' 53" West, with the east line of said Lot 6, a distance of 397.57 feet to the southeast corner of the herein described tract and said Lot 6; THENCE North 61° 03' 31" West, with the south line of said Lot 6, a distance of 554.39 feet to an angle point of the herein described tract, said point being in the east line of said Lot 5; THENCE South 29° 01' 30" West, with the east line of said Lot 5, a distance of 80.00 feet to the southeast corner of said Lot 5; THENCE North 60° 57' 27" West, with the south line of said Lot 5, a distance of 436.84 feet to the southwest corner of the herein described tract and said Lot 5; THENCE North 29° 01' 30" East, with the west line of said Lot 5, a distance of 477.20 feet to the POINT OF BEGINNING and containing 9.8511 acres (429,114 square feet) more or less. Enrique C. Elizondo, R.P.L.S. No. 6386 EXHIBIT A 10/12/2015 FIELD NOTE DESCRIPTION 9.8511 acres of land in a portion of Lots 5 and 6, Block 1 of Dusty Hills, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded in Volume 64, Page 195-196, Map Records, Nueces County, Texas, being more particularly described in Exhibit 'A" and made a part of hereto. Drawn By: LJG Survey Date: 10/12/2015 Phone: (210) 375-4128 Fax: (210) 375-5130 5805 Callaghan Road, Suite 109 San Antonio, Texas 78228 TEXAS LICENSED SURVEYING FIRM No. 10193864 www.elizondoassociates.com LEIizondo 81 Associates LAND SURVEYING & ]LAPPING. LLC. CG -2 ZONING AREA EXHIBIT P.O.C. "X" CUT FOUND (C.M.) P.O.B o • Mc4 60 '1,)-101 1R C// 0,90 of8/q 67° 02,0$ 99 0 ° S6 LOT 5 PARCEL ID. 200119790 o 02/08 F \ 99�'s7-\ LOT 6 PARCEL ID: 200119792 "Coo S), 2, 43684 S29° 01' 30"W 80.00' (R) 6' 03, 37.,, EXHIBIT B 1 GRAPHIC SCALE 100 1"=100' "X" CUT FOUND (C.M) 200 I, Enrique C. Elizondo, a Registered Professional Land Surveyor do hereby certify that this plat represents an actual survey made on the ground under my supervision and substantially complies with the minimum standards for land surveying in Texas as set forth by the Texas Board of Professional Land Surveying and that there are no encroachments or visible easements, to the best of my knowledge and belief, except as shown herein. This 12th day of October, 2015. Enrique ondo Register rofessional Land Surveyor Texas Registration No. 6386 STATE OF TEXAS COUNTY OF NUECES ELIZONDO & ASSOCIATES 5805 CALLAGHAN RD. STE. 109 PHONE (210) 375-4128 FAX (210) 375-5130 100' CN -1 Zoning Area A 100 foot wide tract being 2.2763 acres of land in a portion of Lots 5 and 6, Block 1 of Dusty Hills, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded in Volume 64, Page 195-196, Map Records, Nueces County, Texas, being more particularly described as follows: BEGINNING at an "X" scribed in concrete at the north comer of said Lot 5, being in the southwest right of way line of McArdle Road; THENCE South 61° 02' O8" East, with the northeast line of said Lot 5 and Lot 6 and the southwest right of way line of McArdle Road, a distance of 991.57 feet to an "X' scribed in concrete at the north comer of said Lot 6; THENCE South 29° 03' 53" West, with the east line of said Lot 6, a distance of 100.00 feet to the southeast comer of the herein described 100 foot wide tract; THENCE North 61° 02' 08" West, a distance of 991.51 feet to the southwest comer of the herein described 100 foot wide tract, being in the west line of said Lot 5; THENCE North 29° 01 30 East, with the west line of said Lot 5, a distance of 100.00 feet to the POINT OF BEGINNING and containing 2.2763 acres (99,154 square feet) of land, more or less. Enrique C Elizondo, R P L' S No 6386 Exhibit C 10/12/2015 FIELD NOTE DESCRIPTION A 100 foot wide tract being 2.2763 acres of land in a portion of Lots 5 and 6, Block 1 of Dusty Hills, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded in Volume 64, Page 195-196, Map Records, Nueces County, Texas, being more particularly described in Exhibit 'A" and made a part of hereto. Drawn By: LJG Survey Date: 10/12/2015 Phone: (210) 375-4128 Fax: (210) 375-5130 5805 Callaghan Road, Suite 109 San Antonio, Texas 78228 TEXAS LICENSED SURVEYING FIRM No. 10193864 www.elizondoassociates.com Elizondo 84 Associates LAND SUR\ EYING & MAPPINC. "X" CUT OUND (C.M.) 0 p p. 100' CN -1 ZONING AREA EXHIBIT 4/0,9 60 �O` Y 610 62,6$ 991 0 is GRAPHIC SCALE 100 EXHIBIT D c "X" CUT FOUND (C.M.) 0 Op' o 1"=100' 200 I, Enrique C. Elizondo, a Registered Professional Land Surveyor do hereby certify that this plat represents an actual survey made on the ground under my supervision and substantially complies with the minimum standards for land surveying in Texas as set forth by the Texas Board of Professional Land Surveying and that there are no encroachments or visible easements, to the best of my knowledge and belief, except as shown herein. This 12th day of October, 2015. Enrique ondo Register rofessional Land Surveyor Texas Registration No. 6386 L gra Untitled Map +111= a IF, npturi fqr /our rap 111:41614. 44 s In Arit missialatrth- Tract 1 LLIIILL11111111_11.11.111LIILLLILLJ111111.1_1_111i111111111111___11111.111LU_ILL11111111fii_1111_11111111 HIIHHIUIHIHIHtJHHIHIHHIH Tract 2 c1 ' 117,, Tfile:L'EA' n"' " 1.711L- Aro. t_ — m_stillie Kern. to seo 20' Landscape Buffer 6' High Fence —100' Setback LI W vier - 2 eik.t FENRIEIMi r wittlignEmt EvEEDErf e F tr,E, Xt. INT rrIrrrrE a .1 — -• • rrr r=rr VI EXHIBIT E PLANNING COMMISSION FINAL REPORT Case No. 1115-01 HTE No. 15-10000052 Planning Commission Hearing Date: December 2, 2015 (continued from Nov. 18th) Applicant & Legal Description Applicant: Charlie Thomas' Courtesy Ford, Inc. Owner: Patrick and Amy Nolan Legal Description/Location: A 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1 of Dusty Hills, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded in Volume 64, Page 195-196, Map Records, Nueces County, Texas, located along the south side of McArdle Road between Prince Drive and Clare Drive. Zoning Request From: "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District To: "CN -1" Neighborhood District (Tract 1) and "CG -2" General Commercial District (Tract 2) Area: 12.1274 Purpose of Request: To develop additional vehicle storage for existing auto dealership. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1, "RM -AT" Multifamily AT, "RM -3" Multifamily 3 and "CN-1"Residential Neighborhood Commercial Vacant, Medium Density North "RS -6" Single -Family 6 & "CN -1" Neighborhood Commercial Low Density Residential, Public Semi -Public and Commercial Low Density Residential & Commercial South "CG -2" General Commercial Commercial and Vacant Commercial East "CN -1" Neighborhood Commercial Medium Density Residential and Vacant Medium Density Residential and Commercial West "CN -1" Neighborhood Commercial,"CG-2" General Commercial and "RS -6" Single- Family 6 Commercial Commercial and Medium Density Residential Planning Commission Final Report Page 2 06 ac cc o 2 Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is predominantly designated as medium density residential with commercial uses designated on the northeast corner of the property. The proposed rezoning to the "CN -1" Neighborhood Commercial and "CG -2" General Commercial District is not consistent with the adopted Future Land Use Plan or the Southeast Area Development Plan where shown for medium density residential uses. Map No.: 041035 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 1,750 feet of street frontage along McArdle Road, which the Urban Transportation Plan designates as a C3 Primary Collector street. The maximum desirable average daily trips for a C3 Primary Collector street is 4,000 to 8,500. Street Urban Transportation Plan Type Proposed Section Existing Section McArdle Road C3 Primary Collector 75' ROW 50' paved 66' ROW 47' paved Traffic Volume (2013) 17,222 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "CN -1" Neighborhood District (Tract 1) and "CG -2" General Commercial District (Tract 2) to develop additional vehicle storage for an existing auto dealership and to create a 100 foot wide strip of "CN" Neighborhood District zoned property along McArdle Road. Development Plan: The applicant is proposing to rezone for the purpose of creating additional vehicle storage for an existing automobile dealership. The applicant also indicates the possibility for the construction of a service building. No access points have been proposed to McArdle Road at this time. Existing Land Uses & Zoning: North of the subject property, across McArdle Road, a single-family subdivision exists in the "RS -6" Single -Family 6 District and an AEP electrical substation and a convenience store exist in the "CN -1" Neighborhood Commercial District. To the south of the subject property is the Charlie Thomas Courtesy auto dealership (Auto Nation Ford) in the "CG -2" General Commercial District. The property to the east of the subject property is developed as the Towne Oaks Apartments as well as vacant land and a retail commercial use in the "CN -1" Neighborhood Commercial District. To the west of the subject property is vacant commercial land owned by the Fiat Dealership and zoned "CG -2" General Commercial, a single-family house zoned "RS -6" Single Family and property in the "CN" Neighborhood Commercial District developed as a barber shop and a sports pub. Planning Commission Final Report Page 3 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 platted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning is not consistent with the Southeast ADP or the adopted Future Land Use Map's designation of the property as medium density residential. This designation exists for the majority of the subject property with the exception of the northeast corner of existing Lot 6, which is designated for commercial uses. Additionally, the following pertinent policies of the Comprehensive Plan and the Southeast Area Development Plan warrant consideration: - Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhood (Comprehensive Plan, Commercial Policy Statement D). Infill development should be encouraged on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement H). Department Comments: The proposed rezoning is consistent with some elements of the Comprehensive Plan and the Southeast Area Development Plan. The proposed rezoning is not consistent with the Future Land Use Map where the property is planned for medium density residential. It is staff's opinion that the proposed rezoning of Tract 1 may negatively impact the surrounding residential properties across McArdle Road. Staff does not object altogether to the expansion of the existing dealership as such may be appropriately categorized as infill development. Staff does find it necessary, however, to maintain the integrity of the Future Land Use Map by maintaining an area with a residential designation, which can serve as a suitable buffer for the existing residential development across McArdle Road. A Special Permit will permit parking associated with vehicle sales and service while mitigating the impacts on adjacent residential development. o Special Permit Review Criteria set forth in the UDC are applicable and have been reviewed. Planning Commission Final Report Page 4 Planning Commission and Staff Recommendation: Tract 2 - Approval of the "CG -2" General Commercial District Tract 1 - Denial of the change to "CN -1" Neighborhood Commercial District and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for vehicle parking associated with automobile sales and service, subject to a site plan and the following conditions: Uses: All uses allowed in the "RM -1" Multifamily 1 District, plus the use of the property for parking of vehicles associated with automobile sales and service. Consequently, no commercial buildings are permitted on Tract 1. 2. Buffer Yard: A 20 -foot buffer yard shall be required along McArdle Road and shall consist of trees, landscaping, and a screening fence. 3. Landscaping: The 20 -foot required buffer yard shall include 2 1A -inch caliper canopy trees planted every 30 feet and 500 landscape points achieved by plantings other than trees. 4. Screening: A minimum six-foot tall solid screening fence (excluding metal) shall be installed, maintained, and remain in place along McArdle Road south of the required landscaping. 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height. No private freestanding light shall be installed within 20 feet of the McArdle Road right-of-way. 6. Outdoor Intercom Systems: Intercom systems may not exceed 60 decibels (dBA) at the property line along McArdle Road. 7. Dumpsters: Solid waste containers shall not be located within the 20 -foot buffer yard. 8. Hours of Operation: 6:30 AM to 7:30 PM 9. Ingress/Egress: A maximum of one ingress/egress point shall be permitted along McArdle Road, which shall be aligned with Nancy Drive unless otherwise determined by Staff during the plan review process. Such access point shall be limited to emergency and employee use only and shall have a bar for the purpose of limiting access of delivery vehicles. McArdle Road shall not be used for deliveries. 10.Time Limit: This Special Permit shall expire if applicable site and building permits for the buffer yard, landscaping and screening fence are not obtained within three years of the approval date of the ordinance. 11.Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC and Building Code Requirements. Planning Commission Final Report Page 5 Public Notification Number of Notices Mailed — 43 within 200 -foot notification area 5 outside notification area As of December 22, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 0 outside notification area Totaling 1.25% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application 4. Neighborhood Notices Returned Report for CC_1115-01 Charlie Thomas' Courtesy Ford, Inc. 0 400 800 Feet D. to Created: 10/27/2035 Prepared By: JeremyM� Departmenl'of Development Services/ CASE: 1115-01 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 4 Owners within 200' listed on V Owners attached ownership table A in opposition Ca BOO /os 0 LOCATION MAP YIN City of Corpus Christi 18 I ALTuu31+L.m UN 54c.q COMMERCIAL l7 E n[uGk-kiC.c tra.r...w�r c tv � m1aReaULM, V 11 r i fi11 ll 1.< 414ktiaN6. Ir 1 ,1 11 ll! II 1 tioiiiii111111i1111;411111 tt1 iiiil. ..j.: 0 ..•aee.a111;1;e �•.:lii[1114 �t !IF 11 9 /5-/d�oaos Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 626-3240 Located at 2406 Leopard Street c 0 0 8 REZONING APPLICATION Case No.: 1115-01 Map No.: 041035 PC Hearing Date: Nov. 18, 2015 Proj.Mgr: Dolores Wood Hearing Location: Citv Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. "A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. " INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. Applicant Charlie Thomas' Courtesy Ford, Ltd. Mailing Address:800 N. Shoreline, Suite 800S Contact Person : R. Bryan Stone city: Corpus Christi State: TX E-mail ziP: 78401 Phone: ( 361 ) 880-5830 Cell: Property Owner(s): Patrick and Amy Nolan Mailing Address: 6001 Holly Road Contact Person : Patrick Nolan city. Corpus Christi State' TXzIP: 78412 Phone: ( ) E-mail: Cell: ( ) Subject Property Address: 6201 McArdle (see addendum) Area of Request (SFlacres): 5.907 Acres Current Zoning & Use: RM -1 RM -AT, RM -3 and CN -1 Proposed Zoning & Use: CN -1; CG -2 12 -Digit Nueces County Tax ID: 2198 _ 0001_` 0050 _ --i-- > Dustyil Hills 1 5 `�� Subdivision Name: Block: Lot(s): X� Legal Description if not platted: Submittal Requirements: ❑■ Early Assistance Meeting: Date Held July 24, 2015 ; with City Staff Dolores Wood and Annika Gunning ❑■ Land Use Statement ❑■ Disclosure of Interest 4 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) 0 Lien Holder Authorization ❑■ Appointment of Agent Form if landowner is not signing this form I certify tllayt I haverovided th- i • of Corpus Christi with a complete application j r d � • • - - • e Property Owner(s); and the iinrA Ownle- er or Agent's Sign ure Owner or Agent's Primed Name revievrgihat I am aur = ationvided is a Applicartl's 6Ignafure T Ise d to initiate this rezoning S�- Applicant's Printed N Office Use Only: Date Received: 13 . 20 ?.a! S Received By 1701. -.01Z -S. w- ADP: SwA't 031.64— Rezoning Fee: lig 147 . 1 G PUD Fee + Sign Fee —Ai, = Total Pelf - .77004/ No. Signs RequiredG� $1D/sly Sign Posting Date 1 KIDEVELOPMENTSVCS1SHARE0M.AND DEVELOPMENT\APPLICATION FORMSIREZONINGIZONING APPLICATION 2015 DOC Form Revised 5/12/2015 ADDENDUM 3. Subject Property Address: 6301 McArdle Road Area of Request (SF/acres): 6.220 Acres Current Zoning & Use: RM -1 RM -AT, RM -3 and CN -1 Proposed Zoning & Use: CN -1: CG -2 12 -Digit Nueces County Tax ID: 2198 - 0001- 0060 Subdivision Name: Dusty Hills Biock: 1 Lots): 6 Legal Description if not platted: 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 building(s)/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. Our plan for the subject property is to develop it as additional vehicle storage for our Ford Mazda dealership currently located adjacent to the subject property with the possibility of some type of service expansion building in the future. As shown on the site plan, we desire to create a 100 foot buffer of CN -1 zoning along the portion of the subject property fronting McArdle Road. 2. Identify the existing land uses adjoining the area of request: North _ McArdle Road South - Mini -Storage Units; Auto Dealership East - Mutli-Family Apartments; Sales, Supplies & Service West _ Vacant Land, Cell Phone Tower; Shopping Center C:4USERSITANYAR,0001DESKTO?4DAILY USEYANNIKASLAND USE STATEMENT FOR ZONING.00C DISCLOSURE OF INTERESTS 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 apps -cable, answer with "NA". NAME: Charlie Thomas' Courtesy Ford, Ltd. STREET: 200 SW 1st Avenue, 14th Floor CITY: Fort Lauderdale Zip: 33301 FIRM is:°Corporation °Partnership °Sole Owner °Association °Other DISCLOSURE QUESTIONS If add tional 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 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 N/A 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 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 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 -ny Info - `• i . •• and that supplemental statements will be promptly submitted to ti he City of Corpus Texas as changes occur. Certifying Person: Title 117Rt (Pri ame}. EFFee>Eys#, Ru�x�dR6FNr M11 Signature of Certifying Person: or dila THE A�,S` i]t1e r,VPy.LLC/Date: # r /r5 EN E r2 AL �T E '+�C K: IDcVELOPV.ENTSVCSISHARED'.LAHD :EVELCPMENT,APPLICATIOIe FORMSIREZCNING'DISCLCSURE OF INTERESTS STATEMENT 5.12.2015. DOC DISCLOSURE OF INTERESTS 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: Amy Nolan STREET: 6001 Holly Road CITY: Corpus Christi ZIP: 78412 FIRM Is:OCorporation °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 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 N/A 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 Consultant 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: Y O [CI 1/1 (Print Name) Signature of Certifying Person: Title: 0IN u i' Date: l 10 l K1 DEVELOPMEMTSVCSLSHAREDL ND DEVELOPMENi1APPLJCATION FORMSSREZONING1oISCLOSURE OF iNTEHESYS STATEUENT 5.122015.DOC DISCLOSURE OF INTERESTS 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: Patrick Nolan STREET: 6001 Holly Road CITY: Corpus ChristiZIP: 78412 FIRM is:OCorporation @Partnership OSoIe Owner OAssociation OOther 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 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 31/4 or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 31/4 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 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: l rde-'' C 1c y 6 u t n / Title: Gaon P(Print Name) Signature of Certifying Person: 1 Date: ? -/t l.s K DEVELOPMENTSVCSISHAREDU.AND OEVELOPMENTvkPPLI:AT10N FORMS RF.ZONINGIDISCLOSURE OF INTERESTS STATEMENTT 5.122615.0OC DISCLOSURE OF INTERESTS 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 auestlon must be answered. If the question is not applicable, answer with 'INA". NAME: R. Bryan Stone STREET: 800 N. Shoreline, Suite BOOS CITY: Corpus Christi Z1P: 78401 FIRM is:OCorporation °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 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 N/A 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 Consultant 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 an ` formation requested; and that supplemental statements will be promptly submitted to City of Corp Christi, Texas as changes occur. Certifying Person: Signature of Certifying Person: Title: Date: e l !t�- D5VELOPMNTAPPUCATL0N F RMSU EZONING\DISCLOSURE OF INTERESTS STATEMENT_5.12.2015.DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for ire, as my agent in this request. Maine of Agent: R. Bryan Stone Mailing Address: 800 N. Shoreline, Suite 800S City,: Corpus Christi State: TX zip: 78401 Horne Phone: ( ) Business Phone: 361 ) 880-5830 Cell: ( I acknowledge and affirm that I will be legally bou:td 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 rny 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 legally 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 nay agent has less than full authority to act, then the application may be suspended and 1 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. 1 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 orporatio . partnership, venture, or other legal entity. then I certify that I have the legal authority to ma • /Itis bind' a. .ointment on behalf of the entity, and every. reference herein TO "I", "my", or "me" is a r-' , ence to ,J *Signature of Agent: Printed/Typed Name of Agent: H. Bi an Stone Title: 'Signature of Property Owner: Printed/Typed Name of Property Owner: Patrick Nolan Datee/31l.7 Title: ir? *Signature of Property Owner: Printed/Typed Name of Property Owner: Ally Nolan Date: - Title: OU/11(1 Date:!1016 `Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application rnust be signed by the individual applicant, each partner of a partnership, or by an .iuIhorized officer of a corporation or association. r).h'.Brown APPOINTMENT OF AGENT2-t)-09.dez PEAK HOUR TRAFFIC (PHT) FORM A Traffic Impact Analysis (TIA) 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). Property Address: 5201 g 6301 McArdle Road Legal Description (Subdivision, Lot, Slack): 5.f)07 Acres & 6.220 Acres out of Dusty Hills, Lots 516, Block 1 Applicant Name: Charlie Thomas Courtesy Ford, Lid. Address: 800 Ntxttt Shoreline, Suite BOOS Telephone: 361-880.5830 Development Services 2406 Leopard Street, Corpus Chnsu, TX 78408 Phone (361)826-3240 www.cctexas com CitylStateiZip: Corpus Christi, TX 78401 Email: bstone@prdg.COrn; ram@munazengrg com Application Status (Select One). ❑?t Rezoning ❑ Site Pla nEiStreet Closure Existing Land Use Tract Acres Unit of Measure r Zoning Land Use I.T.E. Code A M, Trip Rate Peak A.M. Tri .s P.M. Trip Rate Peak P.M. Trim s 5 907 Per Dwelin 1 Per Devarig RM.1, AT, 3, CN -t RM -1. AT. 3, CN -1 Muhl -F . Trent M ulli-Fami7 Apadrrent 220 220 1 0.55 055 208 219 0.67 0.67 254 267 6220 1000 sq ft CN -1, CG -2 Single Tenant Build'ng 770 1.40 379 1.26 341 Proposed Land Use 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 5.907 1000 sq ft CN•1, CG.2 Single Tenant Bu1d'cng 770 1.40 360 1.26 324 6.220 1000 sq ft CN -1, CG -2 Single Tenant Build'ng 770 1.40 379 1.26 341 'fatal 739 TotaI 665 Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) McArdle Road Yes 60 48 For City Use Only A Traffic Impact Analysis iyrequired. The consultant preparing the 11A must meet with ❑the City to discuss the scope and requirements of the analysis prior to beginning the TIA A Traffic Impact Analysis is NfOT rcquirnl. The proposed traffic generated docs not exceed the established threshold. ❑ The Traffic Impact Analysis has been waived for the following reason(s): Reviewed 13y: Date: Note This completed and reviewed form must accompany any subsequent application for the IDENTICAL project CHANGES to he proposed protect will require a new TIA dote msnation to be made Vernon 1 0 (0115) Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intencion de asistir a esta junta y clue recuieren servicios especiales, se les suplica clue den aviso_ 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su irides es limited°, favor de !lamer al departamento de servicios de desarrollo al ni mero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1115-01 Charlie Thomas' Courtesy Ford, Ltd. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District "RM -3" Multifamil 3 District and the "CN -1" Neighborhood Commercial District to the "CN -1" Neighborhood Commercial District (Tract 1) and the "CG -2" General Commercial District (Tract 21,as shown on the map included, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The property to be rezoned is described as: A 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, located along the south side of McArdle Road between Prince Drive and Clare Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, November 18, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: t Address: N� � r ( ) IN FAVOR IN OPPOSITION REASON: 1 SEE MAP ON REVERE SIDE Property Owner ID: 29 , HTE# 15-10000052 kl<' Signa City/State; C L)' - L ti OV 1 6 2015 DEVEr -RVICES SPLLAAL SmF-01 CES Case No. 1115-01 Project Manager: Dolores Wood City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 29 607600190020 NOLL EUGENE ANTHONY 1218 NANCY CORPUS CHRISTI, TX 78412 CASE: 1115-01 SUBJECT PROPERTY WITH ZONING Subject Property RMA Mond/ rn y 1 RM.Mundamlly 3 Rua Mundamlly a OH Prolesalonal 011lce RM -AT abn family AT Cli-1 CR -2 CR.1 CR2 CG -1 CG.2 CI CSD CR 3 FR H DP IlelghlwHgod Commercial Neighborhood Commercial Resort Commercial Retort Commercial General Cammrtcla. General Commercial hllemlve Commercial Downtown Commercial Reseal Commelcle Farm Rorer Historic Overlay Dominoes Perk IL Light Induadu al Heart' Inau.NW PGD Planned unit Dev. Overlay 0810 S1ngM-eemlyld O 34 Single Femly O 3.4 S 31ngle Fainly 4 5 RS IF Two -Family 8313 51n31 -Fain it' re RE Raeleemlal Estate RS-TH Townhouse 3P Spa dal Perm I RV Recreallenal Vehicle Park RMH Manure cored Home 800 _Foes Depar RS. -6 e Created' 102 r701S Prepared DX: Jeremy vi0errlepmanr Sammie Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. que tienen la intencion de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1115-01 Charlie Thomas' Courtesy Ford1Ltd. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1" Multifamily 1 District, "RM -AT" Multifamily AT District, "RM -3" Multifamily 3 District and the "CN -1" Neighborhood Commercial District to the "CN -1" Neighborhood Commercial District (Tract 1) and the "CG -2" General Commercial District (Tract 2),as shown on the map included, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The property to be rezoned is described as: A 100 foot wide tract being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, located along the south side of McArdle Road between Prince Drive and Clare Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, November 18, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request, For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277. CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: E VEIL N �TA$9,✓ Address: id242 g a L City/State: s � -c , Af 7J1/Y ( ) IN FAVOR Phone: 6 t- q l /- 7 951 REASON:ECUIV OPPOSITION L1 Li NOV 16 2015 DEVELOPMENT StR'I..,ES SPECIAL SERVICES SEE MAP ON REVERE SIDE Property Owner ID: 36 HTE# 15-10000052 Signature Case No. 1115-01 Project Manager: Dolores Wood City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 36 308500030060 PAPASAN EVELYN JOSEPH! 1001 PYRAMID CORPUS CHRISTI, TX 78412 Irr5 POs). e 150 • r� r� num V SCAM S 02 1M 0004287110 NOV06 2015 MAILED FROM ZIP CODE 78412 $ 00.486 ,/..,4 -- ,,,c,/,',,, to Cleared: 1O3? 3O 7 PrrPared 4 Jeremy)".• Dvartmen oTWrNOPmenl S•rrxes CASE: 1115-01 SUBJECT PROPERTY WITH ZONING Subject Property RAI.7 tawl tamely 1 4143 U0t4amly1 41.1-3 Yuri em4y 3 DN Proless:aul 0111te Rel AT Meilen. ly AT CN -I NNBn1aneed Cumene, _ie CN Ilaionoorneed Comore. lel CR•T Resort Cemmeeelal CR•2 Peered Commercial CCI 1 General Common la C 2 Gnerer Cemmerelal CI Intensive C3mmerelal CBC Ornentowl C•mmerclaI CR 3 Resort Commercial FR Fenn Ruts_ I-1 111etone Overlay BP Onsets. Pare IL Light Industrial IH Heavy Indueltla PUD Planned Unit Dev Overlay RS 11 Single.Famly 13 454 Single.FemIy 4 434,3 Slnple•Famiy a 3 RS.TF TWe.Femly RSdi Single•Fam iy13 RE Residential Estate RS -711 Townhouse SP Special P•tNl 12y Recreational thhleSe Pant RNH e4nulaetunrd Noon Lf]y 'bt [LOCATION City of Corpus Christi Aerial Overview 1 Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 12, 2016 Second Reading for the City Council Meeting of January 19, 2016 DATE: December 22, 2015 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Rezoning Property at 6122 Kostoryz Road CAPTION: Case No. 1215-01 Venamex, LLC.: A change of zoning from the "ON" Office District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property is described as Lot 1, Block 1, Bridges Mill Village Unit 1, located on the northeast corner of Kostoryz Road and Masterson Drive. PURPOSE: The purpose of this item is to rezone the property to develop a commercial retail center. RECOMMENDATION: Planning Commission and Staff Recommendation (December 2, 2015): Approval of a change from the "ON" Office District to the "CN -1" Neighborhood Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "ON" Office District to the "CN -1" Neighborhood Commercial District for the purpose of developing a commercial retail center with commercial pad sites along Kostoryz Road. The proposed rezoning is consistent with various policies and goals of the Comprehensive Plan and the Southside Area Development Plan and is consistent with the Future Land Use Map. The subject property is located at the intersection of a minor arterial and a residential collector, a preferred location for nonresidential development. Approval of the rezoning does not alter the character of the surrounding area or the intent of the Future Land Use Map which designates the property as suitable for commercial uses, and requirements of the UDC such as landscaping, buffering and lighting requirements will ensure development occurs in a manner that is harmonious with existing residential development. The proposed zone is compatible with surrounding zoning and conforming uses and the property is suited for the uses allowed by the "CN -1" Neighborhood Commercial District. The rezoning would not result in a negative impact to the surrounding properties. 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 and is consistent with the adopted Future Land Use Plan, which slates the property for a commercial uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital lig 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 Zoning Report Ordinance amending the Unified Development Code ("UDC"), upon application by Venamex, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 1, Block 1, Bridges Mill Village Unit 1, from the "ON" Office District to the "CN -1" Neighborhood Commercial 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 Venamex, LLC ("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, December 2, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "CN -1" Neighborhood Commercial District, and on Tuesday, January 12, 2016, 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 Venamex, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 1, Block 1, Bridges Mill Village Unit 1, located on the northeast corner of Kostoryz Road and Masterson Drive (the "Property"), from the "ON" Office District to the "CN -1" Neighborhood Commercial District (Zoning Map No. 047036). Exhibit "A", which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. 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. The change of zoning does not result in an amendment to the Comprehensive Plan 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. 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_1215-01 Venamex, LLC Page 2 of 2 LOCATION MAP City of Corpus Christi RS -6 0 "dit. r gQirg SUBJECT PROPERTY RS -4.5 Date Created: 11/6/2015 Prepared By: JeremyM Department of Development Services CASE: 1215-01 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 "A" Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No. 1215-01 HTE No. 15-10000061 Planning Commission Hearing Date: December 2, 2015 Applicant & Legal Description Applicant/Owner: Venamex, LLC Legal Description/Location: Lot 1, Block 1, Bridges Mill Village Unit 1, located on the northeast corner of Kostoryz Road and Masterson Drive. Zoning Request From: "ON" Office District To: "CN -1" Neighborhood Commercial District Area: 2.14 acres Purpose of Request: To develop a commercial retail center. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "ON" Office District Vacant Commercial North "RS -6" Single -Family 6 Vacant Low Density Residential South "CN -1" Neighborhood Commercial Commercial Commercial East "RS -4.5" Single -Family 4.5 Low Density Residential Low Density Residential West "RS -6" Single -Family 6 Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is designated as commercial. The proposed rezoning to the "CN -1" Neighborhood Commercial is consistent with the adopted Future Land Use Map and the Southside Area Development Plan. Map No.: 047036 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 400 feet of street frontage along Kostoryz Road, which the Urban Transportation Plan designates as an Al Minor Arterial Undivided street and 250 feet of street frontage along Masterson Drive, which is designated as a 01 Minor Residential Collector street. The maximum desirable average daily trips for an Al Minor Arterial is 15,000 to 24,000 trips and 1,000 to 3,000 trips for 01 Minor Residential Collector. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Kostoryz Road Al Minor Arterial Undivided 95' ROW 64' paved 120' ROW 68' 8,529 ADT Masterson Drive 01 Minor Residential Collector 60' ROW 40' paved 60' ROW 40' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "ON" Office District to the "CN -1" Neighborhood Commercial District. Development Plan: The applicant is proposing to rezone for the purpose of developing a commercial retail center with commercial pad sites along Kostoryz Road. The applicant seeks to develop a retail center. The applicant envisions initial development of the site to consist of a single -story facility of approximately 12,000 square feet with potential pad sites along Kostoryz Road for future development. A site plan showing how development might occur is attached for illustrative purposes. Existing Land Uses & Zoning: North of the subject property is vacant land in the "RS - 6" Single -Family 6 District. To the south of the subject property is the Army Navy Community Credit Union in the "CN -1" Neighborhood Commercial District. The property to the east is a developed single-family subdivision zoned "RS -4.5" Single -Family 4.5. The property to the west across Kostoryz Road is vacant land zoned "RS -6" Single - Family 6. 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 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 is consistent with the Southside ADP and the adopted Future Land Use Map's designation of the property for commercial uses. Planning Commission Final Report Page 3 Additionally, the following are pertinent policies of the Comprehensive Plan and the Southside Area Development Plan applicable to this application that warrant consideration. - Infill development should be encouraged on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement H). - Providing goods, services, and employment opportunities that are within walking distance to adjacent residential areas (Comprehensive Plan, Commercial Policy Statement A) - Encouraging commercial activities such as convenience stores, professional offices, and other services that serve surrounding residential areas at sites that promote and encourage pedestrian traffic while they maintain good vehicular access (Comprehensive Plan Commercial Policy Statement G). Department Comments: The proposed rezoning is consistent with various policies and goals of the Comprehensive Plan and the Southside Area Development Plan. The proposed rezoning is consistent with the Future Land Use Map and does not result in a change to the Future Land Use Map. The subject property is located at the intersection of a minor arterial and a residential collector, a preferred location for nonresidential development. Approval of the rezoning does not alter the character of the surrounding area or the intent of the Future Land Use Map which designates the property as suitable for commercial uses. Requirements of the UDC such as landscaping, buffering and lighting requirements will ensure development occurs in a manner that is harmonious with existing residential development and, the proposed zone is compatible with surrounding zoning and conforming uses. The property is suited for the uses allowed by the "CN -1" Neighborhood Commercial District. The rezoning would not result in a negative impact to the surrounding properties. Planning Commission and Staff Recommendation: Approval of a change from the "ON" Office District to the "CN -1" Neighborhood Commercial District. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 21 within 200 -foot notification area 2 outside notification area As of December 22, 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. Site Development Plan 3. Application 4. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2015\1215-01 Venamex (Fred Garza)\Council Documents Report for CC_1215-01 Venamex, LLC.docx LOCATION MAP City of Corpus Christi RS -6 0 "dit. r gQirg SUBJECT PROPERTY RS -4.5 Date Created: 11/6/2015 Prepared By: JeremyM Department of Development Services CASE: 1215-01 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 "A" +iii �.c.. Ilcl 311'0a9u6u 730 el 2 00 M r V Z;=o xco 4 0 OQ M Onrmce g E UTI e O 1!ip■ 1.•P• X3QNI - 311I1.N tutu freu tie luamdoiaeaa raulvuaa GAIJ LIG'SJa SD Fa '27. �on.— C8 IMAM' ra LL_ Jonas a.aa ac.Iar [1 0 c _s cy_,, >- .:x " ...h 1852 Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No. 1215-01 Map No.: 047036 12/2/15 PC Hearing Date: Proj.Mgr: Steven Rhea Hearing Location: City Hail, Council Chambers. 1201 Leopard Street Hearing Time: 5:30 p.m. HEARING. • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant 1) s.0 1 & t-- • -1 k i<2.r. A rck k+Pc' Contact Person : "T.Ya.vt A 14-Akkoi( Mailing Address Cil„aa.. S-a1'174t•a �J.r• City E-mail ZIP 7A( 412- Phone ( Sect 1 ) S 64- t4 359 S,UY e._ Cell: ( ) 2. Property Owner(s). \I Q N aM el L ,L- •C • Contact Person : Fred G a1"`-6 a Mailing Address '7 ire \04;t�t w Alovi[Zr • �j a� City C,or 1lts Ck 1S State. ZIP: Phone (�10 1 ) 664 4-24/ , $ Arne_ E-mail Cell ( ) 3. Subject Property Address /1 ct?J 'Z -tErr RG, • Area of Request (SF/nacres``) q -i3 Oct -14a jjas Current Zoning & Use DI_ l� eNeltr ) Proposed Zoning & Use C.i4- d 12 -Digit Nueces County Tax ID: aq . -11'..62_l_ U - P010 Subdivision Name: �r t t\. `tf t ,Unci. Block 1 Lot(si I Legal Description if not platted: r I &OfS { t 1 ti tl V l 1 t' Una-. t L -4-- 1.` 1 �1 C j 4. Submittal Requirements. Ijit Early Assistance Meeting Land Use Statement IF APPLICABLE.' Date Held 0 Disclosure is inconsistent exhibit landowner with City Staff 4eN enRV'4 PUD or Special Permit Lien Holder Authorization of Interest • Copy of Warranty Deed with Future Land Use Plan) ❑ Site Plan for 1 Peak Hour Trip Form (if request ❑ Metes & Bounds Description with if property includes un -platted land (sealed by RPLS) ■ is not signing this form Appointment of Agent Form if certify that I have provided the City of Corpus Christi with a complete applica f• review th-t I am au onz tate this rezoning as or on behalf of the Property Owner(s); and th - fo atio i;;-• s a . to Owner or Ag 15 lgnatu. Ap 'cant's Sig ature IL-Tee--1,.�t+�. �Yi,0 L ` 11ifrs 2 ,.-- Owner or Agent's Printed Name pplicant s Printed Name Office Use Only: DateReceived: it” 2_- t S Received By: lZADP SfS jDratte Rezoning Fee: 69 2.50 + 1 PUD Fee O + Sign Fee 3-,C)• = Total Fee* () 7/ • 550 rn� No. Signs Required O� @ $10/sign Sign Posting Date: 11/17/15 .1DEVELOPMENTSV-SLSHARE04.ANO DEVE_--PMSNTIA?PLICATION FORMSVE2ONlNG12 :WING APPLtCATICN Z.715 Forrn Raised 5/1212015 /5100 1 Ai. a _ I I L cm' OF CORPUS 1-1- IS- 1 DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi. Texas 7S469-9277 (361)826.3240 Located a12406 Leopard Street (Corner of Leopard Street and Pon Avenue) APPLICATION FOR A CHANGE OF ZONING Office Use Only Case *Planning Location: *A maximum maximum No.: Map No.: Commission City _ Hearing Date: Hall Council Chambers, 1201 Leopard Street at 5:30 p.m. of five applications are scheduled per hearing. Applications received after the five will be scheduled to the nest available meeting. 1. Applicant/Representative: David L. Walker, Architect Telephone: ( 361 ) 854-4359 Address (City,• Corpus Christi, Texas 78412 E-mail Address Cell Phone: ( ) same 2. Property Owner(s): Venamex, L.L.C. Telephone: ( 361 ) 695-4249 Address (City, S ••' e, Corpus Christi, Texas 78414-6206 E-mail Address: Cell Phone: ( ) same El Corporation Ownership Type: ❑ Sole ■ Partnership • Other: 3. Current Zoning and Use: ON (undeveloped) Proposed Zoning and Use: CN -1 Project Address: 61 o Area of Request (sq. ft./acres): 93,099 (2.14) oad 12 -Digit Nueces Co ty Tax I : 0 2-0001 r 10_ - — If platted, Subdivision •• - . = ri II • - ! nit 1 Block: 1 Lot(s): 1 Legal description: Bridges Mill Village Unit 1, Lot 1, Block 1 Appointment bounds 1 D ure o i re Copy of Warranty Deed portion of a platted lot or an unplatted lot 4. DOCUMENTS ATT H REQUIRED: E] Lan t IF APPLICABLE: xecuted ❑ Metes and of Agent if request is for a I certify that the information provided is accurate, correct and signed by all owners. 412°. (OwnerSigna Fth5 ice—Z/1 application APPLICATIONS (Applicant's Signature) (Owner's Printed Namc) All signatures on this INCOMPLETE (Applicant's Printed Namc) shall be original signatures. No copied prints or faxed copies. WILL NOT BE ACCEPTED Application Fees (as of November 1, 2011): 0.00 - 0.99 acre $ 1,107.50 1.00 - 9.99 acres 5 1,692.50 10.00 - 24.99 acres $ 1,976.75 25 + acres 5 1,976.75 plus 550.00 per acre over 25 acres Notice Sign Fee $10.00 per sign Office Use Only t - a- (Received Date Received: f By: Application Fee: / 6 , s- No. Signs Required X 510 Sign Fee: o/O.0 t9 Total: i 71t a ,.,_5-0 Sign Posting Date: ADP: Form Revised 8/24/12 K•VDEVELOPMENTSVCSISHARED\LAND DEVELOPMENIIORDINANCE ADMINISTRATION'APPLICATION FORMSTORMS AS PER LEOAL120124ZON1NG APPLICATION 2012.000 CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at: 2406 Leopard St. LAND USE STATEMENT Complete land use statement form containing the following information: 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 building(s)/unit(s), buildings)/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 present zoning (ON) does not allow the intended Neighborhood Business use anticipated. There is no market for Office (ON) facilities in this location. The anticipated site plan will provide for neighborhood business, restaurants, etc. with a primary single story facility of approximately 12,000square feet. The metal frame building anticipates a front eave of 19 feet and a rear eave of 14 feet. Raised facade portions for signs and aesthetic features may extend to less than 25 feet above the finish floor. Pad sites along Kostoryz Road may be available for future development. The property is currently undeveloped. Please refer to previously submitted site plans for additional information. The number of employees, hours of operation, and business types will be consistent with CN -1 zoning. 2. Identify the existing land uses adjoining the area of request: North - South - East - West - RS -6 (undeveloped) CN -1 RS -4.5 RS -6 (across Kostoryz Rd.) K;SDEVELOPMENTSVCSISHAREDI[AN;i DEVELOPMENTORDINANCE ADMINISTRATIOMAPPLICAT!ON FORMSIFORMS AS PER LEGALILAND USE STATEMENT FOR ZONING.DOC City of Corpus EChristi haramar/►aI DISCLOSURE OF INTERESTS City of Corpus Christi, Tem Department of Development Services P.O. Box 9277 Corpus Christi, Texas 784694277 061?826-240 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: Venamex, L.L.C. STREET: Windwiliow Drive CITV: Corpus Christi, TX zip: 78414 FIRM Is: 0 Corporation 0 Partnership ❑ Sole Owner ❑ Association 0 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 f 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 r Title 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 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked an 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 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: 6/�Z6- Title: ReS (Print) Signature of Certifying Person: STATEMENT1,27 12.DOC Date: /51;/2`7 KADEVELOPMENTSVCS\SHARED\LAND DEVELOI'MENi1ORDIN CE ADMD ISTRATI ' PLICATION FORMStiFDRMS AS PER LEGALl2u12V31RE F 1NTEREST5 DISCLOSURE OF INTERESTS 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". t, �� AER /1 lindoef NAME: (/ r�» 1. 1(2AZ /'�E/""' j . ,4 STREET: 4 22 S'414444: l„oviateG.i/#f' ZIP: lel/ FIRM is:Corporation Partnership ole Owner OAssociation OOther 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) /t/.4 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 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or ore of the ownership in the above named "firm". Name di/ 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 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 C us Christi, Texas as changes occur. Title: d Certifying Person: At 'lead (Print Name) Signature of Certifying Person: 4/42 /I.v. Ze/S' Date: K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT_5.12.2015.00C AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 12, 2016 Second Reading for the City Council Meeting of January 19, 2016 DATE: December 22, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Rezoning Property at 1010 Laredo Street CAPTION: Case No. 1215-02 LWW Enterprises, LLC: A change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The property is described as Lot 14, Block 13, Central Wharf and Warehouse Company's Subdivision (commonly described as South Bluff), located on the north side of Laredo Street between South Staples Street and King Street. PURPOSE: The purpose of this item is to rezone the property to allow a commercial use. RECOMMENDATION: Planning Commission and Staff Recommendation (December 16, 2015): Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant intends to construct a parking lot and in the future, additional showroom space. The showroom space is to support the existing retail sales facility, A & W Office Supply, located at the intersection of South Staples Street and Laredo Street. The proposed rezoning to the "Cl" Intensive Commercial District is not consistent with the adopted Future Land Use Map's designation of the property as medium density residential, however, approval of the change in zoning may further several goals and policies contained in the Central Business Development Plan and the Comprehensive Plan. Existing conditions imply an adjustment to the Future Land Use Map to designate the subject property for commercial uses may be appropriate. The rezoning of the property and the subsequent development thereof furthers policies pertaining to infill development. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. Commercial uses are appropriately located along an arterial roadway. The proposed rezoning would not alter the character of the immediate vicinity nor would it negatively impact the surrounding residential properties. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Central Business Development Plan. The proposed rezoning to the "Cl" Intensive Commercial District is not consistent with the adopted Future Land Use Map's designation of the property as medium density residential, but consistent with policies of the Central Business Development Pian and the Comprehensive Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital iu: 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 Zoning Report Ordinance amending the Unified Development Code ("UDC"), upon application by LWW Enterprises, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 14, Block 13, Central Wharf and Warehouse Company's Subdivision (commonly described as South Bluff), from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial 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 LWW Enterprises, LLC ("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, December 16, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "Cl" Intensive Commercial District, and on Tuesday, January 12, 2016, 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 LWW Enterprises, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 14, Block 13, Central Wharf and Warehouse Company's Subdivision (commonly described as South Bluff), located on the north side of Laredo Street between South Staples Street and King Street (the "Property"), from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District (Zoning Map No. 045044), as shown in Exhibit "A", which is a map of the Property, which is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. 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. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for commercial land uses. 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. 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_1215-02 LWW Enterprises, LLC Page 2 of 2 CASE: 1215-02 SUBJECT PROPERTY WITH ZONING P4 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 CH -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 16 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 City of Corpus Christi Exhibit A Aerial Overview Vicinity Map Aerial PLANNING COMMISSION FINAL REPORT Case No. 1215-02 HTE No. 15-10000063 Planning Commission Hearing Date: December 16, 2015 Applicant & Legal Description Applicant/Owner: LWW Enterprises, LLC Legal Description/Location: Lot 14, Block 13, Central Wharf and Warehouse Company's Subdivision (commonly described as South Bluff), located on the north side of Laredo Street between South Staples Street and King Street. Zoning Request From: "RM -3" Multifamily 3 District To: "Cl" Intensive Commercial District Area: 0.1722 acres Purpose of Request: To allow construction of a showroom for an existing office supply business. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -3" Multifamily 3 Vacant Medium Density Residential North "Cl" Intensive Commercial Vacant Medium Density Residential South "RM -3" Multifamily 3 Medium Density Residential Mixed Use/Medium Density Residential East "RM -3" Multifamily 3 Low Density Residential Medium Density Residential West "Cl" Intensive Commercial Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the plan area boundaries of the Central Business Development Plan. The Future Land Use Map designates the subject property for medium density residential uses. The proposed rezoning to the "CI" Intensive Commercial District is not consistent with the adopted Future Land Use Map. Map No.: 045044 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 50 feet of street frontage along Laredo Street, which is designated as an A2 Secondary Arterial street. The maximum desirable average daily trips for an A2 Secondary Arterial street is 20,000 to 32,000 trips. Planning Commission Final Report Page 2 Street R.O.W. StreetTransportation Urban Plan Type Proposed Section Existing Section Traffic Volume (2013) Laredo Street "A2" Secondary Arterial 100' ROW 54' paved 60' ROW 40' paved 1,354 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -3" Multifamily 3 District to the "CI" Intensive Commercial District to allow construction of an additional showroom. Development Plan: The applicant intends to construct a parking lot and in the future, additional showroom space. The showroom space is to support the retail sales facility, A & W Office Supply facility, located at the intersection of South Staples Street and Laredo Street. The future structure is envisioned to range between 3,000 and 4,000 square feet. The subject property has a dilapidated structure on the property that is planned to be demolished. The A & W Office Supply showroom is located at 222 South Staples and two additional ancillary showrooms are located at 1014 and 1018 Laredo Street. Existing Land Uses & Zoning: The property to the north of the subject property is vacant and is zoned "Cl" Intensive Commercial. To the south across Laredo Street consists of multifamily dwellings in the "RM -3" Multifamily 3 District. East of the subject property is a single family dwelling in the "RM -3" Multifamily 3 District, and to the west is a commercial business (A & W Office Supply) in the "Cl" Intensive Commercial District. 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 comprised of a single platted lot. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Central Business Development Plan (ADP). The proposed rezoning to the "Cl" Intensive Commercial District is not consistent with the adopted Future Land Use Map's designation of the property as medium density residential, however, approval of the change in zoning may further several goals and policies contained in the ADP and the Comprehensive Plan. The following are pertinent policies of the Comprehensive Plan and the ADP that warrant consideration. - Infill development should be encouraged on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement h). - Business areas that feature mixed office use and retail activities should be encouraged (Comprehensive Plan, Commercial Policy Statement a). Planning Commission Final Report Page 3 - Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhood (Comprehensive Plan, Commercial Policy Statement d). Department Comments: • Existing conditions imply an adjustment to the Future Land Use Map to designate the subject property for commercial uses may be appropriate. • The rezoning of the property and the subsequent development thereof furthers policies pertaining to infill development. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • Commercial uses are appropriately located along an arterial roadway. • The proposed rezoning would not alter the character of the immediate vicinity. • The proposed rezoning would not negatively impact the surrounding residential properties. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District. Public Notification Number of Notices Mailed — 24 within 200 -foot notification area 3 outside notification area As of December 17, 2015: In Favor — 9 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 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\1215-02 LWW Enterprises, LLC\Council Documents\Report for CC_1215-02 LWW Enterprises, LLC.docx CASE: 1215-02 SUBJECT PROPERTY WITH ZONING P4 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 CH -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 16 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 City of Corpus Christi Exhibit A I5 I odooDCD3 2QUs�y�,, Gc4 'n rilEWL% i.pt' -� y 1:- t.)y12/16/15 l4 T t 7852 Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION . Office Use Only 1215-02 �j� Case No.: Map No.: og50T PC Hearing Date: Proj.Mgr: Hearing Location: City Hall, Council Chambers. 1201 Leopard Street Hearing Time: 5:30 P.m., . A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. TIVCOMMETKAMJCILIKAOKI 'WEE II CCJPZED. 1. Applicant: Lel, LLC Contact Person: Wes Wittner Mailing Address: P . 0 . Box 2 605 City Corpus Christi State. TX ZIP. 78403 Phone ( 361 ) 883-6784 E-mail' Cell ( 361) 877-9732 2. Property Owner(s): LLW,LLC Contact Person Wes Wittner Mailing Address: P P. 0 . Box 2605 City: Corpus Christi State:TX ZIP: 78403 Phone ( 361 ) 883-6784 E-mail: Cell ( 161 ) R77--97'32 3. Subject Property Address: 1010 Laredo Street Area of Request (SFlacres) 0.1722 Current Zoning &Use: ✓ RM -3 Proposed Zoning & Use: CT rommerr_1a1 warPhnnee 12 -Digit Nueces County Tax ID: 8161 _- 0013 _-0140 _ Subdivision Name South Bluff Block 13 Lots) 14 Legal Description if not platted 4. i in en_ . 0y XEarly Assistance Meeting Date Held l p4.DA�t'_•. ) 11 / 10/ 15w1th City Staff Ann i ka Yankee • Land Use Statement • Disclosure of Interest • Copy of Warranty Deed IF APPLICABLE: is inconsistent with exhibit landowner with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit • Peak Hour Trip Form (if request • Metes & Bounds Descnption if property includes un -platted land (sealed by RPLS) • Lien Holder Authorization D Appointment • f Agent Form if is not signing this form I certify that L hay= provid - . the of • l• hristi with a complete applicatio for - view, tha am -, , orized to initiate this rezoning / /��• , behalf of the Property Owner(s), and the IMF a ' e n pr������ ', - e. vie Owner or • gent's Signa ire App icant's Signature Wes Wittner Wes Wittner Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Dale Received I / / S " 1 Received By: I ADP: Rezoning Fee: 1 10 7. S + PUD Fee Fee /ate = Total Fee l r 7. 510No. Signs Required 1 +:i $10/sign Sign` Posting Date: K DEVELOPMENTSVCSISHAREDLLAND DEVELOPMENTIAPPUCATION FORMSIREZCNIN, IZONIN.1 1PPLICATION 2` Form Revised 5/12/2015 nnG AXIMUr OF FIVE R R G State:d 332 IS:„;/ad \ /09063 Description LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development pian for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), buildings)/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. A & W Office Supply intends to build a warehouse in the future on this property to store furniture paper, etc. 3,000 to 4,000 square feet 30 x 100 x 14' Plans will be provided for permit when we are ready to build whs. * A&W Office Supply has 14 employees in Corpus Christi. * We have a showroom floor at 222 S. Staples. * We have 1 storage warehouse 1014 Laredo existing. * We have 1 (4,000 square foot) storage whs 1018 Laredo existing. * A&W hours are 8-5, Monday thru Friday. * Existing structure will be demolitioned. * Trip peak hour traffic 30-50 vehicles. * A&W Office Supply provides office supplies and furniture to the south Texas area. 2. Identify the existing land uses adjoining the area of request: North - vacant lot South- dual 1 story apartments East - single dwelling West - warehouse C.tUSERSITANYAR.0001DESKTOPCAILY USEANNIKAALAND USE STATEMENT FOR ZONING. DOC DISCLOSURE OF INTERESTS 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: LWW, LLC STREET: 222 g_ Staples CITY: Corpus Christi ZIP: 78401 FIRM is:°Corporation °Partnership °Sole Owner °Association Other LLC 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) 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 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 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 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: wg,= Wj f f ner Title: owner (Print Name) t \ Signature of Certifying Person: Date: KTIEVELOPMENT5VCS 5HAREUILAND OEVELOPMENTIAPPLICATION FORMSREZONINGYOISCLOSURE OF INTERESTS STATEMENT 5 12-2015_DOC DISC LOS iRECtF Nritt ars City ot c arts cgristi Ordinance 17.112_, as amende,d, rectuiret,i:, 0„,:iii„tisorris fanitaiii to Oa 'business with the City 'to provide the toilosemg atiOn plies tiaq rrrt.US b fiy.tsytisaihe4, If the question is not applicable, aristrver Cirri „Sillittaitia:littllitist,,_ litiole Owner itC.-)iitieseittilation Cither Litteits ss 1 DISCLOSURE QUESPIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet, 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", 41„ N A Job "title and co Department elf firenotra State the names of each "official" of the City of Corpus Christi having an ilowneraintb interest" constituting 3% or more of the ownership in the above named -"flu ", N State the names ot each "board ntember" or the City of COTPLIS Chdsti trititieraistshict constutuung 34!to or ititese eit oiwneesihip in the above named isinhin't State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked o:n any matter related to the subject .of this contract and has an "ownership interest" .constituteng more of the ownership in the above named "firm'', Ciansuitant it3FiRTIFICATE: ettirtifitt that all information provided is trust: and correct as of the date of this statement, that instire not latioinarinin tiittithiasitid disoto.sure of any information requested; and that sitepiemental statements witi prihriniststy iisktbsitiisittetitt the City cif Corpus Christi, Texas as changes occur., teeniftillig Person: ist,„_„„itilietatesertillictettineetirtratio tiiTrA.Yet..ist spent titamel , . it is , = ' Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, clue tienen la intencion de asistir a esta junta v clue requieren servicios esoeciales, se les suolica clue den aviso 48 horas antes de la junta Ilamando al derrartamento de servicios de desarrollo, al nOmero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su ingles es limitado,_favor de (lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-02 LWW Enterprises. LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses; The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Address 2 72 4_ e) o, LL - e rye City/State: ✓ S f w ^ & ,1?( Phone: - $ $ — IN FAVOR ( ) IN OPPOSITION REASON: DEC 112015 L,�J`ELC�--'VHF_,-a, •,hiµt/� .E.. 51 L SEE MAP ON REVERSE SIDE Property Owner ID: 9 HTE# 15-10000063 Signature Case No. 1215-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al mimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-02 LWW Enterprises, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District to the "CI" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: adok 5 kA FFe-R Address: AIL ) 7 N a 2 4a 61- uJ Ai /1 - City/State: L, V.) IN FAVOR ( ) IN OPPOSITION Phone: 34/— ?W.2 -'M 73 DEC) 0 2015 r�1 LDEVELOPMENT SERVICES SPECIAL SERVICES SEE MAP ON REVERSE SIDE Property Owner ID: 10 HTE# 15-10000063 d6`riP Signature Case No. 1215-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, oue tienen la intention de asistir a esta iunta v clue requieren servicios especiales, se les suplica cue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diricirse a la commission durante la iunta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-02 LWW Enterprises, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: cog ere Address: p 1 / ii1 Lt, Oc.eo12),.o AV (V) -IN FAVOR ( ) IN OPPOSITION REASON: es: 0 DEC 1 2015 J) DEVELOPMENT SERVICES SEE M e Clitfi i i y E S _] Property Owner ID: 24 HTE# 15-10000063 Signature City/State: 64/9ILii ("24,45/ /: , TX Phone: 36/-54,2- 44- 7 Case No. 1215-02 Project Manager; Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. clue tienen la intencion de asistir a esta junta v clue reauieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta y su irides es limitado, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION/ TIC', E �iPUBLIC HEARING NOTICE DE 0 2015 Rezoning Case No. 1215-02 LWW Enterprises, LLC has petitioned the City of Corpus Christi to consider a chap�e)bf;zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277_ ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter Printed Name: /4K5' AV7 /7'4) A Address: 2 2 2 S ' 5-7;41/Yes City/State: O r� vl iii, ���/ ✓ (K) IN FAVOR ( ) IN OPPOSITION REASON: /e0",1e?,/.4f/vi) Si<1 PI /946 e Ae6Z %I'4ve 9 djfie A G� Signature Phone: 34, /' 813 ' 6 7F SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000063 Owner/Applicant Not included in tally /'fef-�'S, Case No. 1215-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. que tienen la intencion de asistir a este junta v que reuuieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (3611 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si listed desea dirigirse a la commission durante la junta v su ingles es limitedo, favor de (lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-02 D ECENE DEC 10 2015 DEVELOPMENT SERVICES LWW Enterprises, LLC has petitioned the City of Corpus Christi to consider a chaageefsfarhirif Brom the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, n age to the' Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Address: 91� City/State: (a_C (X IN FAVOR ( ) IN OPPOSITION Phone: n3—lia9 REASON: gigu-k:Q irt-e-te -30 ik be thoviuLgac tcovdt soz,fc,rt 69,41 .•,. oterpQ4 ty)-to ImmoJ SEE MAP ON REVERSE SIDE Property Owner ID: 16 HTE# 15-10000063 Signature Case No. 1215-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica clue den aviso 48 hares antes de la junta Ilamando al denartamento de servicios de desarrollo, al niimero (361) 826-3240, If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diricdrse a la commission durante la junta v su incites es limitado, favor de Ilamar al departamento de servicios de desarrollo al nCmero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE L 11V/L DEC 10 2015 Rezoning Case No. 1215-02 DEVELOPMEN1 SERVICES SPECIAL SERVICES LWW Enterprises, LLC has petitioned the City of Corpus Christi to conidera—crif°nge of zoning from he "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: fl lerOV) Address: aatc.s a 'i•-cx_ples } IN FAVOR ( ) IN OPPOSITION REASON: City/State: (C1 Phone: 45 $ (QrN ,.� mn e +0 rr 1 a. alt i 0�-k.. beagl SEE MAP ON REVERSE SIDE Property Owner ID: 8 HTE# 15-10000063 Case No. 1215-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al ncimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a Ia commission durante la junta v su ingles es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al nCimero (361) 826-3240 al menos 48 horas antes de Ia iunta para solicitar un interprete ser presente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE DEC ! 0 2015 Rezoning Case No. 1215-02 DEVELOPMENT sERv c s SPECIA' SERVICE LWW Enterprises, LLC has petitioned the City of Corpus Christi to consider a -change of -zoning -from the "RM -3" Multifamily 3 District to the "CI" Intensive Commercial District, resulting in a change to the Future Land Use Ma_ p from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: l Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: 5'C\r VOL,r-91QC Address: .aAcr. CitylState: C -L (, iG { IN FAVOR ( ) IN OPPOSITION Phone: qg 3-0,g `t' REASON:-jC 1-0 ,c c. e. Cr blockC. 004-.A Dexo Qe --cOAPI2LTh n3 o O LV s rr SEE MAP ON REVERSE SIDE Property Owner ID: 13 HTE# 15-10000063 Case No. 1215-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, aue tienen la intencion de asistir a esta junta v aue reauieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Hernando al departamento de servicios de desarrollo, al rnimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diricirse a la commission durante la junta y su int e,5 es limitedo favor de Hamar al •eIartamerl o de servicios de desarrollo al ncimero 361 826-3240 al menos 48 h =o.=rates dela 'unta •ar un interorete ser oresente durante la junta. ici ar L I CITY PLANNING COMMISSION i l_ j DEC 1 0 2015 -J PUBLIC HEARING NOTICE DEVELOPMENT sEFVICES Rezoning Case No. 9215-02 SPECIAL St FiVICES LWW Enterprises, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015,, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: 6( g. ct. titi. • S C L (,+t f.,1112ir. Address: 11906 .i, , t C? - City/State: CC- 1 4:7 ) IN FAVOR ( ) IN OPPOSITION Phone: 3G ( ge 3 ` 30 e ( REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 3 HTE# 15-10000063 4Signa ure Case No. 1215-02 Project Manager. Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta iunta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al nUmero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diri•irse a la commission durante la unta su in -s limitado favor de Ilamar al deartamento de servicios de desarrollo al numero 361 826-3240 al menos 48 �i ntes de la'unta •ar r un interprete ser presente durante la junta. CITY PLANNING COMMISSION 'OEC 0 2815 PUBLIC HEARING NOTICE DEVELOPMENT SERVICES Rezoning Case No. 1215-02 - SPECIAL SERVICES LWW Enterprises, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: k•' [ 1! I e kkabottct Address: i0 0 G L t Q City/State: CC 11 3( 9` t T Q IN FAVOR ( ) IN OPPOSITION Phone: 3 [ — g — 3 D REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 17 HTE# 15-10000063 Signature -{0IL.=t'fh(lc(( k-(4iuutdt Case No. 1215-02 „4 (Act. tl „a bud (le / c.14r�' /Ma er: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intention de asistir a este junta v que requieren servicios especiales. se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su inales es limitado. favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE DEC 10 2015 Rezoning Case No. 1215-02 DEVELOPMENT SERVICES LWW Enterprises, LLC has petitioned the City of Corpus Christi to consider -a -change of -zoning from the "RM -3" Multifamily 3 District to the "CI" Intensive Commercial District, resulting in a change to the Future Land Use Map from medium density residential to commercial uses. The applicant proposes to construct a 4,000 square foot warehouse to support A & W Office Supply. The property to be rezoned is described as: Lot 14, Block 13, South Bluff, Located at 1010 Laredo Street between South Staples Street and King Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or Inperson, by telephone call or by letter. Printed Name: Address: / 0 b‘ .L, lZ 0'6 $1 (0 IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 2 HTE# 15-10000063 4otZ Pwa 5 crlRisf� City/State: /7 Phone: 61" 71 o 6 /3 - 9f) Signature Case No. 1215-02 Project Manager: Dolores Wood AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 12, 2016 Second Reading for the City Council Meeting of January 19, 2016 DATE: December 22, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Rezoning Property at 1642 Clare Drive CAPTION: Case No. 1215-03 Roque Enriquez: A change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Map from low density residential to medium density residential uses. The property is described as being a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of multifamily housing. RECOMMENDATION: Staff Recommendation: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District and, in lieu thereof, approval of a change to the "RS-TH" Townhouse District. Planning Commission Recommendation (December 16, 2015): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District and denial of the staff recommendation of "RS-TH" Townhouse District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is proposing to change the designation of the subject property for the purpose of constructing multiple dwelling units on the subject property. The site plan shows six proposed dwelling units and the required parking spaces. The apartment units are one-story and the developer intends to construct them like townhomes. The proposed rezoning is not consistent with the adopted Future Land Use Map designation of the property as low density residential. Staff finds the "RM -1" designation unnecessary and not appropriate for this location. The "RS-TH" District is recommended in lieu of "RM -1" Multifamily 1 District based on the density permitted and compatibility with the adjacent single-family development. A rezoning to a low-density multifamily district and subsequent development of townhouse -style apartments will not have an adverse impact on the adjacent low density residential uses. A multiple dwelling project is appropriately located along a Collector roadway. The Townhouse District is appropriate for infill development. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. Approval of a rezoning (to the "RM -1" Multifamily 1 District or "RS-TH" Townhouse District) on this property will require 3/4 of the council members to vote in favor. This case was recommend for denial by the Planning Commission and received opposition of over 20% (49.78% as of December 22, 2015) from the neighboring properties within the notice area. Either of these conditions triggers the need for the 3/4 vote from the City Council for approval. ALTERNATIVES: 1. Approve the rezoning to "RM -1" Multifamily 1 District as requested by the applicant 2. Deny the rezoning to the "RM -1" Multifamily 1 District and, in lieu thereof, approve the rezoning to "RS-TH" Townhouse District as recommended by staff. 3. Deny the rezoning of the property altogether. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning is not consistent with the adopted Future Land Use Map designation of the property as low density residential. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital fig 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 Maps Ordinance (Staff) for the "RS-TH" Townhouse District Ordinance for the "RM -1" Multifamily 1 District Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Roque Enriquez ("Owner"), by changing the UDC Zoning Map in reference to a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, from the "RS -6" Single -Family 6 District to the "RS-TH" Townhouse 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 Roque Enriquez ("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, December 16, 2015, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District and denial of the staff recommendation of "RS-TH" Townhouse District, and on Tuesday, January 12, 2016, 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 Roque Enriquez ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, from the "RS -6" Single -Family 6 District to the "RS-TH" Townhouse District (Zoning Map No. 041035), 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. The change of zoning results in a change to the Property's land use designation in the Future Land Use Map, which is an element of the Comprehensive Plan, from low density residential to medium density residential uses. 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. 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-RS-TH_1215-03 Roque Enriquez Page 2 of 2 STATE OF TEXAS COUNTY OF NUECES FIELD NOTES FOR A 0.671 ACRE TRACT OF LAND BEING THE SOUTH 55.0 FEET OF LOT 23, AND ALL OF LOT 24, BLOCK 6, WOODLAWN ESTATES AS SHOWN ON A PLAT RECORDED IN VOLUME 10, PAGE 34, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND PUNCHED HOLE IN CONCRETE FOR THE SOUTHWEST CORNER OF SAID LOT 24 FOR THE SOUTHWEST CORNER OF THIS TRACT AND THE POINT OF BEGINNING; THENCE NORTH 29 DEGREES 08 MINUTES 30 SECONDS EAST, ALONG THE NORTHWEST BOUNDARY OF SAID LOT 24, AT 95.00 FEET PASS A 1/2 -INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID LOT 24, AND THE SOUTHWEST CORNER OF LOT 23-A, BLOCK 6, WOODLAWN ESTATES AS SHOWN ON A PLAT RECORDED IN VOLUME 26, PAGE 99, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, IN ALL A TOTAL DISTANCE OF 150.00 FEET TO A 5/8 -INCH IRON FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 23-A, AND THE SOUTHEAST RIGHT- OF-WAY LINE OF CLARE DRIVE FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE SOUTH 60 DEGREES 51 MINUTES 30 SECONDS EAST, ALONG THE SOUTHWEST BOUNDARY LINE OF SAID LOT 23-A, AND ALONG THE NORTHEAST BOUNDARY LINE OF THIS TRACT, A DISTANCE OF 195.00 FEET, TO A POINT FOR THE SOUTHEAST CORNER OF LOT 23-A, AND THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 29 DEGREES 08 MINUTES 30 SECONDS WEST, A DISTANCE OF 150.00 FEET TO A FOUND PUNCHED HOLE IN CONCRETE FOR THE SOUTHWEST CORNER OF LOT "A", BLOCK 6, WOODLAWN ESTATES AS SHOWN ON A PLAT RECORDED IN VOLUME 23, PAGE 28, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, FOR THE SOUTHEAST CORNER OF SAID LOT 24, AND THE SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 60 DEGREES 51 MINUTES 30 SECONDS WEST, ALONG THE SOUTHWEST BOUNDARY OF SAID LOT 24, AND THE SOUTHWEST BOUNDARY OF THIS TRACT, A DISTANCE OF 195.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.671 ACRES OF LAND MORE OR LESS. Exhibit A Exhibit B Ordinance amending the Unified Development Code ("UDC"), upon application by Roque Enriquez ("Owner"), by changing the UDC Zoning Map in reference to a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 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 Roque Enriquez ("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, December 16, 2015, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, and on Tuesday, January 12, 2016, 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 Roque Enriquez ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District (Zoning Map No. 041035), 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. The change of zoning results in a change to the Property's land use designation in the Future Land Use Map, which is an element of the Comprehensive Plan, from low density residential to medium density residential uses. 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. 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 -RM -1_1215-03 Roque Enriquez Page 2 of 2 STATE OF TEXAS COUNTY OF NUECES FIELD NOTES FOR A 0.671 ACRE TRACT OF LAND BEING THE SOUTH 55.0 FEET OF LOT 23, AND ALL OF LOT 24, BLOCK 6, WOODLAWN ESTATES AS SHOWN ON A PLAT RECORDED IN VOLUME 10, PAGE 34, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND PUNCHED HOLE IN CONCRETE FOR THE SOUTHWEST CORNER OF SAID LOT 24 FOR THE SOUTHWEST CORNER OF THIS TRACT AND THE POINT OF BEGINNING; THENCE NORTH 29 DEGREES 08 MINUTES 30 SECONDS EAST, ALONG THE NORTHWEST BOUNDARY OF SAID LOT 24, AT 95.00 FEET PASS A 1/2 -INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID LOT 24, AND THE SOUTHWEST CORNER OF LOT 23-A, BLOCK 6, WOODLAWN ESTATES AS SHOWN ON A PLAT RECORDED IN VOLUME 26, PAGE 99, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, IN ALL A TOTAL DISTANCE OF 150.00 FEET TO A 5/8 -INCH IRON FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 23-A, AND THE SOUTHEAST RIGHT- OF-WAY LINE OF CLARE DRIVE FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE SOUTH 60 DEGREES 51 MINUTES 30 SECONDS EAST, ALONG THE SOUTHWEST BOUNDARY LINE OF SAID LOT 23-A, AND ALONG THE NORTHEAST BOUNDARY LINE OF THIS TRACT, A DISTANCE OF 195.00 FEET, TO A POINT FOR THE SOUTHEAST CORNER OF LOT 23-A, AND THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 29 DEGREES 08 MINUTES 30 SECONDS WEST, A DISTANCE OF 150.00 FEET TO A FOUND PUNCHED HOLE IN CONCRETE FOR THE SOUTHWEST CORNER OF LOT "A", BLOCK 6, WOODLAWN ESTATES AS SHOWN ON A PLAT RECORDED IN VOLUME 23, PAGE 28, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, FOR THE SOUTHEAST CORNER OF SAID LOT 24, AND THE SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 60 DEGREES 51 MINUTES 30 SECONDS WEST, ALONG THE SOUTHWEST BOUNDARY OF SAID LOT 24, AND THE SOUTHWEST BOUNDARY OF THIS TRACT, A DISTANCE OF 195.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.671 ACRES OF LAND MORE OR LESS. Exhibit A 75.00' 5,0' U, E - LOTS 1-6, BLOCK 6, WOODLAWN ESTATES VOLUME 23, PAGE 28, M.R.N.C.T. LOT LOT LOT "C, „B„ „A„ S29°08'30"W 150,00' 1/.c-- 55.00'_ _ ( _ — _ 95.00' _ _ LOT 23-A, BLOCK 6, WOODLAWN ESTATES VOLUME 26, PAGE 99, M.R.N.C.T. 25.0' B.L. - 75.00' SOUTH 55.0 FEET LOT 23 S60°51 '30"E SCALE: 1 "= 30' NOTES: 1. 5/8' IRON RODS AT ALL CORNERS. 0 (V w z FND. 55.00' 1/2" I.R. N29°08'30"E LOT 24 25.0'B.L.- 95.00' CLARE DRIVE (50.0' R.O.W.) 150.00' POINT OF BEGINNING w 2 J —J s. OF TFC,,,,1 i VICTOR S. MEDINA -o". 115%. FGISTE�F� 4k fres; s.c> SURVEY OF: 0.671 ACRES OF LAND BEING THE SOUTH 55.0 FEET OF LOT 23 AND ALL OF LOT 24, BLOCK 6, WOODLAWN ESTAES AS RECORDED IN VOLUME 10, PAGE 34, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS SOUTH 55.0 FEET OF LOT 23 AND ALL OF LOT 24 BLOCK 6 WOODLAWN ESTATES 1642 CLARE DRIVE CORPUS CHRISTI, TEXAS 78412 TO: ROQUE ENRIQUEZ DRAWN BY: HJS THIS IS TO CERTIFY THAT I HAVE CONSULTED THE FEMA MAPS AND FOUND THAT THE HEREIN SHOWN PROPERTY IS NOT LOCATED IN A SPECIAL FLOOD HAZARD AREA ZONE C THIS THE __1 8 TH _DAY OF NOVEMBER 2015 REFERENCE: VOLUME 10 PAGE 34 MAP RECORDS NUECES COUNTY, TEXAS. NOTE: THIS SURVEY IS FOR THE SOLE USE OF THE BUYER, TITLE COMPANY, OR MORTGAGE COMPANY IN THIS TRANSACTION ONLY. THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE, ON THE GROUND OF THE PROPERTY, LEGALLY DESCRIBED HEREON AND IS CORRECT; AND THAT THERE ARE NO DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, BOUNDARY LINE CONFLICTS, VISIBLE ENCROACHMENTS, OVERLAPPING OF IMPROVEMENTS, EASEMENTS OR APPARENT RIG S—OF—WAY, EXCEPT AS SHOWN HEREON, AND SAID PROPERTY ACCESS TO AND FROM A DEDICATED ROADWAY, EXCEPT AS SHO VI' iR S. MEDINA, REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS LICENSE NO. 3419 Exhibit 13 Aerial Overview Vicinity Map Aerial Public Notification 19 Notices mailed inside 200' buffer 4 Notices mailed outside 200' buffer Notification Area Opposed: 15 (49.78%) In Favor: 0 Conceptual Site Plan IBMI1S SVV11M c_ CLARE DRIVE (50.0' R.O.W.) y N29 os 3g5 EXISTING DITCH ssoa, oy,a 30.0' 5OUEt 2 PLANNING COMMISSION FINAL REPORT Case No. 1215-03 HTE No. 15-10000064 Planning Commission Hearing Date: December 16, 2015 Applicant & Legal Description Applicant/Owner: Roque Enriquez Representatives: Victor Medina Legal Description/Location: Being a 0.671 acre tract of land being the south 55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. Zoning Request From: "RS -6" Single -Family 6 District To: "RM -1" Multifamily 1 District Area: 0.671 acres Purpose of Request: To allow construction of multifamily housing. 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 "RS -6" Single -Family 6 Low Density Residential Low Density Residential South "RS -6" Single -Family 6 Low Density Residential and Park Low Density Residential and Park East "RS -6" Single -Family 6 Low Density Residential Low Density Residential West "RS -6" Single -Family 6 Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan. The Future Land Use Map designates the property for low density residential uses. The proposed rezoning to the "RM -1" Multifamily 1 District is not consistent with the adopted Future Land Use Map. The proposed rezoning however, may further various policies of the Comprehensive Plan and the Southside Area Development Plan. Map No.: 041035 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 200 feet of street frontage along Williams Drive, which is designated as a C3 Primary Collector street, and 150 feet of street frontage along Clare Drive, which is a local residential street. The maximum desirable average daily trips for a C3 Primary Collector street is 4,000 to 8,500 trips, and 500 trips for a local residential street. Planning Commission Final Report Page 2 Street R.O.W. StreetTransportation Urban Plan Type Proposed Section Existing Section Traffic Volume (2013) Williams Drive "C3" Primary Collector 75' ROW 50' paved 90' ROW 50' paved 8,540 ADT Clare Drive Local Residential 50' ROW 28' paved 50' ROW 23' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District. Development Plan: The applicant is proposing to change the designation of the subject property for the purpose of constructing multiple dwelling units on the subject property. A site plan was provided to illustrate how development might occur if the change in zoning is approved. The site plan shows six proposed dwelling units and the required parking spaces. The apartment units are one-story and the developer intends to construct them like townhomes. Existing Land Uses & Zoning: The property is surrounded by single-family homes in the "RS -6" Single -Family 6 zoning District. To the south of the property, there is also a park. 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 comprised of a platted lot and a portion of a platted lot. The property may be replatted into one lot subsequent to approval of a change in zoning designation. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning is not consistent with the adopted Future Land Use Map designation of the property as low density residential, however, the proposed zoning change if approved, may further various goals and policies of the comprehensive plan and the ADP, which include but are not limited to the following: • Encouraging infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement F), • Locating medium -density residential development along a collector street with convenient access to an arterial street (Comprehensive Plan, Residential Policy Statement H), • Increasing the availability of rental and owner -occupied housing units for families (Comprehensive Plan Housing Policy Statement G, H), Report for CC 1215-03 Roque Enriquez Planning Commission Final Report Page 3 Department Comments: • A rezoning to a low-density multifamily district and subsequent development of townhouse -style apartments will not have an adverse impact on the adjacent low density residential uses. • The "RS-TH" District is recommended in lieu of "RM -1" Multifamily 1 District based on the density permitted and compatibility with the adjacent single-family development. • It is impossible for the developer to construct 22 units per acre (14 units) on this site, which is what the RM -1 District allows. • Staff finds the "RM -1" designation unnecessary. • A multiple dwelling project is appropriately located along a Collector roadway. • The Townhouse District is appropriate for infill development. • The property to be rezoned is not suited for the "RM -1" Multifamily 1 District. The "RS-TH" Townhouse District is more suitable. Staff Recommendation: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District and, in lieu thereof, approval of a change to the "RS-TH" Residential Townhouse District. Planning Commission Recommendation (December 16, 2015): Denial of the change of zoning from the "RS -6" Single -Family 6 District. *Approval of a rezoning (to the "RM -1" Multifamily 1 District or "RS-TH" Townhouse District) on this property will require 3/4 of the council members to vote in favor. This case was recommend for denial by the Planning Commission and received opposition of over 20% (49.78% as of December 22, 2015) from the neighboring properties within the notice area, either of these conditions would trigger the need for the 3 vote from the City Council for approval. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 19 within 200 -foot notification area 4 outside notification area As of December 22, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 15 inside notification area — 29 outside notification area Totaling 49.78% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application 4. Public Comments Received (if any) Report for CC 1215-03 Roque Enriquez RS- p -i78 1p SP1.81-1 RS -6 SP/74-01 CG -2 RS -6 'R182-1, Date Cre'sted:1113r rR5 Prepared By; JerefhyM ern of Development Pn? est CASE: 1215-03 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 Resor. Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Fama 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 Toxo -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse Sp Special Permit RV Recreational Vehicle Park RMH Manufactured Horne ElSubject Property 0 Owners with 200' buffer in favor 4 Owners within 20O' Oster! on V V Owners attached Ownership taws in opposkion LOCATION MAP City of Corpus Christi LOT 22 WOODLAWN ESTATES VOLUME 10, PAGE (S) 34 M.R.N.C.T. G --- 560°51'30"E NW 1/2 LOT 23 r,10.0' SET BACK (5.0' S. E. VOL. 1250 PG. 422 D.R./V.C. T. WILLIAMS STREET GRAPHIC SCALE 20 0 10 20 40 80 ( IN FEET ) 1 inch = 20 ft. CLARE DRIVE (50.0' R.O.W.) } ('�b ■■ I I'' CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street (Corner of Leopard Street and Port Avenue) APPLICATION FOR A CHANGE OF ZONING Z.. � 1215-03 CaseNo.: Map No.: 041035 *Planning Commission Location: City Hearing Date: 12/16/15 Hall Council Chambers, 1201 Leopard Street at 5:30 p.m. *A maximum of five applications are scheduled per hearing. Applications received after the five maximum will be scheduled to the next available meeting. 361 977- /.3---_5- PizAte, Telephone: ( ) . Applicant/Representative: �✓�(l; Address (City, State, Zip): NO.5. Qd '137/01/' 6•4:-' f7(31 E-mail Address: c, Cell Phone: (7,C, ) W7 7 -1 Z 5 2. Property Owner(s): lerifral Telephone: (3 ( ) 570 - `'72 '7 Address (City, State, Zip . , i / ' i 7`1/9- J'O/9E-mail E-mailAddress: Cell Phone: (IQ ) 510 - 72.1 Ownership Type: [Sole ❑ Partnership ❑ Corporation ❑ Other: 3. Current Zoning and Use: AC/ QS ^L Proposed Zoning and Use: , iein -- Project Address: / $49-dzio<L/c t/E Area of Request (sq. ft./acres): 12 -Digit Nueces County Tax ID: 7, 8 - O (Z _00-_ O _0 If platted, Subdivision Name: W<1-0 4ti 6'a/ Block: P Lot(s): .s3 -1 6 Legal description: ,j ��% A3 4- 02 ,l� 4. DOCUMENTS ATTACHED REQUIRED: [t 'Land Use Statement 0 Disclosure of Interest R Copy of Warranty Deed IF APPLICABLE: [Executed Appointment of Agent ❑ Metes and bounds if request is for a portion of a platted lot or an unplatted lot I certify that the information provided is accurate, correct and signed by all owners. C 1.birle4 (Owner's Signature) (Applicant's Signature) 0 u6) 2_ Ay be5 �Ct. Ciu 2 (Owner's Printed Name) (Applicant's Printed Name) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as of November 1, 2011): 0.00 - 0.99 acre 3 1,107.50 1.00 - 9.99 acres $ 1,692.50 10.00 - 24.99 acres $ 1,976.75 25 + acres $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign Office Use Only Date Received: Received By: Application Fee: No. Signs Required X $10 Sign Fee: Total: Sign Posting Date: ADP: Form Revised 8/24/12 K:\ DEVELOPMENTSVCSOEVELOPMENTSVCS SHARED LAND DEVELOPMENT\ORDINANCE ADMINISTRATIONWPPLICATION FORMS\FORMS AS PER LEGAL \2012\ZONING APPLICATION 2012.DOC �QaPUs 464 -0.',___ - rr 5 7652 Development Services Dept_ P.O. Box 9277 Carpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING AP'P'LICATION Office Use Only Case No.: Map No.: PC Hearing Date: Proj-Mgr: Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Rey Ramos Contact Person . Victor S. Medina Mailing Address:P.O. BOX 7129 City: Corpus Christistate: TxlP 78414 Phone: (361 ) 537-5000 E-mail: Cell: (361 ) 537-5000 2. Property Owner(s): Roque Enriquez Contact Person :Victor S. Medina Mailing Address: 4841 Ocean Drive City: Carpus Christi state: TX ZIP: 78412 Phone: (361 ) 510-9727 E-mail: Cell: (361 ) 510-9727 3. Subject Property Address: 1642 Clare Drive Area of Request (SF/acres): 29250 5'F_ 0_671 AC. Current zoning Use: RS -6 VACANT Proposed Zoning Use RM -1 RESIDENTIAL 12 -Digit Nueces CountygTax ID: 8880 - 0006 - 0240 Subdivision Name: Y V OOD LA V Y N ESTATESBlock:6 Ot(s): S55' LOT23 B LOT 24 Legal Description if not platted: 4. Submittal Requirements: E Early Assistance Meeting: E Land Use Statement IF APPLICABLE: LI Peak Hour Trip Form (if request ❑ Metes & Bounds Description Date Held 10/27/2015 ; with City Staff ANNIKA YANKEE 0 Disclosure of Interest 0 Copy of Warranty Deed is inconsistent with exhibit landowner with Future Land Use Plan) • Site Plan for PUD or Special Permit if property includes un -platted land (sealed by RPLS) 0 Lien Holder Authorization is not signing this form 0 Appointment of Agent Form if I certify tha I e provided th • - ity of Corpus ..+f' on beh. •f Christi with a complete application for review; that I am authorized to initiate this rezoning . Property Owner(s); and the information provided is accurate. /lure mor''. - App6pCant's�.S g O� � at re rEa Victor S. Medina Rey Ramos Owner or Agent's Pnnted Name Applicants Printed Name Office Use Only: Date Received: - Received By: ADP: Rezoning Fee: + PUD Fee olsign + Sign Fee = Total Fee No. Signs Required @ $1 Sign Posting Date: K IDEVELOPMENTSVCSISHA DILAND DEVELOPMENT APPLICATION FORMS\REZON1NGIZONING APPLICATION 2015DOC Form Revised 5112/2015 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 building(s)/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. CHANGE USAGE FROM SINGLE-FAMILY RESIDENTIAL TO MULTI -FAMILY RESIDENTIAL FOR THE CONSTRUCTION OF APARTMENTS AND/OR TOWNHOMES. 2. Identify the existing land uses adjoining the area of request: North - RESIDENTIAL South - ROADWAY East RESIDENTIAL West - ROADWAY C:\USERS\TANYAR.0001DESKTOPIDAILY USEVWNIKA\LAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS 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: Victor S. Medina STREET: P.O. Box 7129 CITY: Corpus Christi zip: 78467 FIRM is:OCorporation ()Partnership ()Sole Owner °Association OOther 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 N/A 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 Consultant 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: Victor S. Medina (Print Name) Signature of Certifying Person: Title: RPLS Date: i//s K\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS REZONINGIDISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC DISCLOSURE OF INTERESTS 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: Roque Enriquez STREET: 4841 Ocean Drive FIRM is: Corporation CITY: Corpus Christi, Texas Partnership °Sole Owner ZIP: 78412 Association Q 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 N/A 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". Narne Consultant 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: Roque Enriquez Title: Owner (Print Name) Signature of Certifying Person: Date: /%`%��� K'1DEVELOPMENTSVCSISHAREDYLAND DEVELOPMENT\APPLICATION FORMSIREZONINGIDISCLDSURE OF INTERESTS STATEMENT 5.122015. DOC City of En Corpus .Christi Christi .....v,.t 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 (Comer 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 " A". NAME: .�!l•r 14 /�aznzo STREET: 4 /5 %16t1- eiflli CITY: thiAtj ZIP: /CJ O/ FIRM is: ❑ Corporation ['Partnership ole 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". Job Title and City Department (if known) Name A// ft 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 N/A 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 Board, Commission, or Committee M/4- 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 /v/4 CERTIFICATE 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 changesl�occur. Certifying Person: 8pyi /,jbD Kf}IY10S�J 1� Title: (Prin Signature of Certifying Person: !146 g41405-- Date: 1/— K: DEVELOPMENTSVCS \SHARED \LAND /— K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 www.cctexas.com PEAK HOUR TRAFFIC (PHT) FORM A Traffic Impact Analysis (TIA) 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). Property Address: 1642 CLARE DRIVE Legal Description (Subdivision, Lot, Block): WOODLAWN ESTATES, S. 55 OF LOT 23 & LOT 24 Applicant Name: Rey Ramos Address: 6813 NEW YORK AVENUE Telephone: (361) 537-5000 Email: City/State/Zip: CORPUS CHRISTI, TEXAS 78414 Application Status (Select One): 13-<1 Rezoning ❑ Site Plan❑Street Closure Existing Land Use 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 0.649 DWEWNG UNITS RS -6 VACANT 221 6 0.51 6 0.62 Proposed Land Use 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 0.649 DWEWNG UNITS RM -1 RESIDENTIAL 221 6 0.51 6 0.62 Total 3.06 Total 3.72 Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) CLARE DRIVE NO 26 50 WILLIAMS STREET 40 80 For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with F-1 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 exceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: Note: This completed and reviewed form must accompany any subsequent application for the IDENTICAL project. CHANGES to the proposed project will require a new TTA determination to be made. 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: VICTOR S. MEDINA Mailing Address: P.O. BOX 7129 City: Corpus ChristiState: Tx Zip: 78467 Home Phone: ( ) Business Phone: ( ) Cell: ( 361 ) 877-1255 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 legally 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. 1 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 "I", "my", or "me" is a nce to the en � RPLS *Signature of Agent: �/� `'JJ Title: Printed/TypedNameofAgent: VICTORS. EDINA Date: 11/5/2015 *Signature of Property Owner:613111 Title: OWNER Printed/Typed Name of Property Owner: ROQUE ENRIQUEZ Date: ///5//.5. *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 Printed Name. Address: ( ) IN FAVOR REASON: IN OPPOSITION SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 15-10000064 City/State: Phone: '514g-9 7 1 1 Case No. 1215-03 Project Manager. Dolores Wood 1 IEC 10 2015 DEVELOPMENT SERVICES f SPECIAL SERVICES Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. que tienen la intencddn de asistir a esta junta v que reauieren servicios esoeciales, se les sui lica que den aviso 48 horn& antes de la junta Ilamando al deoartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su inales es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-03 Roque Enriquez has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Map from low density to medium density residential uses. The property to be rezoned is described as: Being the south 55 feet of Lot 23, and all of Lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD. THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: neleiS co Jo 4fl Address: 6/7/ .4.5/0A* i4) 1/) City/State: ed ^7) ( ) IN FAVOR REASON:[[FJrr M e SEE MAP ON REVERS Property Owner ID: 6 HTE# 15-10000064 IN OPPOSITION DEC 11 2015 rL" _fid''L3 + ii'J,CES SIDE Phone: � q 9; 9 7 ignature Case No. 1215-03 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intenci6n de asistir a esta junta v clue requieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta llamando al departamento de servicios de desarrollo. al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su inales es limitado, favor de Ilamar a departamento de servicios de desarrollo al numerof361) 826-3240 al menos 48 he te_s dela ItLr111 :1 i�a s ita un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-03 DEC 10 2015 DEVELOPMENT SERVICES SPECIAL SERVICES Roque Enriquez has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6' Single -Family 6 District to the "RM -1" Multifamily 1 District. resulting in a change to the Future Land Use Map from low density to medium density residential uses. The property to be rezoned is described as: Being the south 55 feet of Lot 23, and all of Lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015= during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: -) v -6 Do e' Address: t i q ,'/1k , )r)11 r to ( ) IN FAVOR ( r City/State: e c _ . -7f z ) IN OPPOSITION Phone: r-27 G 1 - 6 M - e.64/ 7 REASON: LL n! v D P yr 1' 1 9 bO ; Li Dud � P I. rn a v'e, e fl Y .)UiCiv T`a 0(61a- SEE (pa- SEE MAP ON REVERSE SIDE Property Owner ID: 16 HTE# 15-10000064 Signature Case No. 1215-03 Project Manager. Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta v clue requieren servicios especiales, se les suplica Rue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriciirse a la commission durante la junta v su ingles es limitado, favor de llamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante_la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-03 DEC 10 2015 DEVELOPMENT SERVICES SPCIA4 SERVICES Roque Enriquez has petitioned the City of Corpus Christi to consider a c inge-o-zoning•-rim- a 'R -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Map from low density to medium density residential uses. The property to be rezoned is described as: Being the south 55 feet of Lot 23, and all of Lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015,, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: F -7S JD PJ Z z Address: / G 35 M.),,(l /A4_ l it - ( ) IN FAVOR >IN OPPOSITION REASON: 7\(e7 kiavtf aPO rv1.71- 11-) M SEE MAP ON REVERSE SIDE Property Owner ID: 13 HTE# 15-10000064 1-4 City/State: C6 1 x - l ey 12 Phone: 3/9f ` /9i `91-71 ne/71-7c,r4Uvcl. Signatur Case No. 1215-03 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidadess que tienen la intencion de asistir a esta iunta v que reouieren servicios especiales. se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al nUmero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request a- �[• Teter be present th meeting. Si usted desea dirigirse a la commission durante la junta y su ingles. `mitado, :favor ie -Il al departamento de servicios de desarroilo al Humero 3j.) 826-3240 al menos 48 hdlrps.arf li DEC 15 2015 DEVELOPMEN1 SERVICES LSPECIAL SERVICES CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-03 Roque Enriquez has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Map from low density to medium density residential uses. The property to be rezoned is described as: Being the south 55 feet of Lot 23, and all of Lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. frteke_11n1. Printed Name: /`Y7 C1NU.0 �.r% yalwe-- / Address: /6- C Z �!,?� -DR, City/State: C3141425 Chn15� %4s ( ) IN FAVOR (/ I OPPOSITION Phone: 341-792-4=9171Z--3° 75er) REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 10 HTE# 15-10000064 / Signature Case No. 1215-03 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. clue tienen la intention de asistir a este junta v clue requieren servicios esoeciales, se les suolica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diricirse a la commission durante la iunta a su ingles eb tado: -favor de_1lamar al deaartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 kora de� la,iunta-para sol un interprete ser oresente durante la junta. f l DEC 15 2015 U J CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-03 DEVELOPMENT SERVICES SPECIAL SERVICES Roque Enriquez has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Map from low density to medium density residential uses. The property to be rezoned is described as: Being the south 55 feet of Lot 23, and all of Lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0, BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277, ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Address: 5 C (Q f -c_ P t' ` %Pe_ City/State: c' C_ I g {i Z--- { ) IN FAVOR IN OPPOSITION Phone:3 18/3-2V6 r 5 �.?0 5n'i4II -Fpr PI'Itt(�1 �in� , Pen SPI i7 aCC153 ea et ( wr 1liCrrat5,. REASON �a+ i v2`4 parrvc.� �hd AtrPadr 'Ices ca di - 0 -}-1-c,�(� c C (are O r' v.2. 15 C I'L°� Sed 0 �C�n- r�51 den+- Arc( c.. U51A3 4— b- 1 tm ruu-emeet 5 tU k.01/4It►cen�5 \nave_ akreacLf t ncpea5e4 SEE MAP ON REVERS SIDE Property Owner ID: 4 / HTE# 15-10000064 }' Gm 0f1Za 5 Signature ( J `14 5 ote proBPrf1 ot..-h'ior, Sc.kaltZ t5 decec ecI Case No. 1215-03 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al n imero (361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su irides es limitedo, favor de Ilamar al die artamento de servicios de desarrollo al niumero (361)826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-03 Roque Enriquez has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Map from low density to medium density residential uses. The property to be rezoned is described as: Being the south 55 feet of Lot 23, and all of Lot 24, Block 6, Woodlawn Estates, located on the northeast corner of Clare Drive and Williams Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0_ BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Address:/ ..7lil1O�� 4.1 ( ) IN FAVOR REASON: iL. DEVELOPMENT SERVICES SPECI • SERVICES SEE MAP ON REVER Property Owner 1D: 17 HTE# 15-10000064 City/State:6iefus (4,, 4 74 ""h te4 s: Phone: / SS 'D Case No. 1215-03 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intention de asistir a este junta y aue reauieren servicios especiales, se les suolica aue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta y su inales es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-04 John Dunn Walsh has petitioned the City of Corpus Christi to consider a change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial to estate residential uses. The property to be rezoned is described as: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1. In an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shalt be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: k V L 5 Or Address: as S Lpyki--n�A- S; 'IN FAVOR ( ) IN OPPOSITION REASON: MY 4�2phk-�.VE5 rbc 0940., SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000065 City/State: C Ce27 Phone: 3c0c PPDP--0-12-71r � �sU y -(37i L/u1 no(24 Signature Case No. 1215-04 Project Manager. Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero ( 361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la iunta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-04 John Dunn Walsh has petitioned the City of Corpus Christi to consider a change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial to estate residential uses. The property to be rezoned is described as: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1. In an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: R -CJ �+-� w,4 -z st4 Address: a a S L "I W CitylState: IN 1 ° 7 ..›IN FAVOR ( ) IN OPPOSITION Phone: ��a"' act s'---/ REASON: SEE MAP ON REVERE SIDE Property Owner ID: 3 HTE# 15-10000065 X RAFAN. 6) Iii -e1741- • Signature Case No. 1215-04 Project Manager: Bob Payne partmentfTownhome/Other 0 N to cc y r RI o cDro CD a c .y C� y ctE z G S s ., I _s_ � n - G � c C ENT E M -Z--- = c C (..1c` 'X \� ` m m ..7 k y . 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Q r, hi zm -Cl S S a s . _ ' ril0 ti 11Fcrl NT h `1 s I. u J ? f c -.g c - .f Zb �--.3 1 s 3.r d • 2 c‘ i - 4 1 .. C� % %U r(J b it s a ' .c 'Z:.) I� I _ s, - c.J1 .1 i t a,,\% 5^ a Q CD 1,1 N _'' y — s • (4 . T !i AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 12, 2016 Second Reading for the City Council Meeting of January 19, 2016 DATE: December 22, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Rezoning Property at 5825 Up River Road CAPTION: Case No. 1215-04 John Dunn Walsh: A change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial uses to estate residential uses. The property is described as being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1, in an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. PURPOSE: The purpose of this item is to rezone the property to allow for the reconstruction of a single family home. RECOMMENDATION: Planning Commission and Staff Recommendation (December 16, 2015): Approval of the change of zoning from the "IH" Heavy Industrial District to "RE" Residential Estate District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is proposing to build a new single family dwelling after demolishing the existing single-family dwelling. The unplatted tract of land is two acres in size and roughly 350 feet by 200 feet. At a minimum, the Unified Development Code would require a 50 -foot front yard setback, 25 foot wide side yard setbacks and a 15 foot rear yard setback. The proposed rezoning is not consistent with the adopted Future Land Use Map designation of the property as heavy industrial. While the proposed zoning deviates from the Future Land Use Plan, the existing zoning of "IH" Heavy Industrial next to residentially zoned and occupied property conflicts with the Corpus Christi Policy Statements. The "IH" Heavy Industrial Zoning predates the adoption of the Future Land Use Plan and a rezoning to a more compatible district could improve the compatibility of land uses while the residential uses remain. Rezoning to the "RE" Residential Estate District on only two acres of the Walsh Family's 15 acres would be a small step toward greater land use compatibility. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning is not consistent with the adopted Future Land Use Map designation of the property as heavy industrial but is consistent with other policies of the Comprehensive Plan. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital fig 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 Zoning Report Ordinance amending the Unified Development Code ("UDC"), upon application by John Dunn Walsh ("Owner"), by changing the UDC Zoning Map in reference to a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1, in an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, from the "IH" Heavy Industrial District to the "RE" Residential Estate 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 John Dunn Walsh ("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, December 16, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "IH" Heavy Industrial District to "RE" Residential Estates District, and on Tuesday, January 12, 2016, 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 John Dunn Walsh ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1, in an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street (the "Property"), from the "IH" Heavy Industrial District to the "RE" Residential Estate District (Zoning Map No. 052046), 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 description, 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. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for estate residential uses. 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_1215-04 John Dunn Walsh 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_1215-04 John Dunn Walsh Page 3 of 3 2.0 Acre Tract STATE OF TEXAS COUNTY OF NUECES Job No. 016808.B4.00 September 30th, 2014 Fieldnotes, for a 2.00 Acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, survey No 142, out of a 17.75 Acre tract described as Real Property I. In an Inventory and Appraisement Document No 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 Acre called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 Acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas; said 2.00 Acre tract, being more particularly described by metes and bounds, as follows; Commencing, at a 3/4 inch iron rod in concrete found, for the West corner of a 4.34 Acre tract, the South corner of the said 17.75 Acre tract, from whence a 60D Nail found for the West corner of Lot D, Lantana Acres, a map of which is recorded in Volume 21, Page 53 of the Map Records of Nueces County, Texas, the North corner of the said 4.34 Acre tract and a corner of the said 17.75 Acre tract, bears North 35°38' 15" East, 420.58 feet; Thence, North 54°51'07" West, with the South line of the said 17.75 Acre tract, 19.26 feet, to a 5/8 inch iron rod with a red plastic cap stamped "URBAN ENGINEERING C.0 TX to be set, for the Point of Beginning and South corner of this tract; Thence, North 54°51'07" West, continuing with the South line of the said 17.75 Acre tract, 277.71 feet, to a 5/8 inch iron rod with a red plastic cap stamped "URBAN ENGINEERING C.0 TX to be set, for the West corner of this tract, from whence, a 5/8 inch smooth iron rod found on the South line of the said 17.75 Acre tract bears, North 54°51'07" West, 300.47 feet; Thence: North 23°08'36" East, 288.13 feet to a 5/8 inch iron rod with a red plastic cap stamped "URBAN ENGINEERING C.0 TX" set, for the North corner of this tract; Thence: South 78°13'25" East, 216.22 feet, to a 5/8 inch iron rod with a red plastic cap stamped "URBAN ENGINEERING C.0 TX" set, for the East comer of this tract; Thence: South 09°19'50" West, 318.16 feet, to a 5/8 inch iron rod with a red plastic cap stamped "URBAN ENGINEERING C.0 TX" set, for a corner of this tract; Thence: South 34°43'26" West, 81.20 feet, to the Point of Beginning, containing 2.00 Acres (87,120 sq. ft.) of land, more or less. Bearings based on GPS, NAD83, State Plane Coordinate System, Texas South Zone 4205. Unless this fieldnoles 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 descri URBAN ENGINEERING Izgrigivriarg <-2.o54s els°.•-, 4 N.' V4 S:1Surveying\1680S\84001OFFICEIMETES AND BOUNDS\01680813400 (361)854-3101 Keith W. Wooley, R.P.L.S. License No. 5463 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 Exhibit A Page 1 of 1 FAX (361)854-6001 91 Area Terminal 94.626 Acres 4121893 SoFt (Von Yemey Troot 2 97.918 Aerie (Gross) 97.742 Acres (Net) Jab Acres (ROW) Y. 2142, Pg, 803 D.R.N.C.T. (Owner. OTGO Renting and Chemkde Compony LP.) Catholic Solitudes, Daniel Dunn Meaney Doc No. 2004014391 w .4 0 S 78. 25" UP RIVER ROAD 17.75 Acre Tract Vol. 703 Pg 139 C.R.N.C.T. 216.22, (0 SITE MAP — N.T.S County of Nueces Corpus Christi, TX SI TE t. Point of Beginning • 5/8 INCH IRF 60D NAIL. FOUND O 5/8 INCH IRS "(PBAN ENGINEERING" e io ,r in f.. S 34'43'26" W 81.20' N 55'02'29" W 19.26' Point Of Commencement General Notes: 1.) Bearings bawd on CPS, NAD83, State Plane Coordinate System, Texas South Zone 4205. (Record Bearing/Distance) 2.) Some features shown on this survey may be out of scale for clarity. 3.) Declaration Is mode to original purchaser of the survey. It is not transferable to any additional or subsequent owners. 4.) This survey woe prepared from field data obtained on JULY 30. 2014. James J. & John W. Meaney Vol. 959 Pg 357 D.R.N.C.T. Jomes Meaney Vol. 624 Pg 278 D.R.N.C.T. Mr. and Mrs. J. Walsh Vol. 624 Pg 275 D.R.N.C.T. Walsh M. Catherine Lot D, Lantana Acres Vol. 21 Pg 53 D.R.N.C.T, Walsh M. Catherine Dunn Tract, Lot 9 D.R.N.C.T — Deed Records Nueces County Texas DATE September 26. 2014 SCALE. 1 -150' JOB NO.: C16808.B4.00 SHEET: 1 of 1 DRAWN BY: CDS URBAN, ENGINEERING am See,ew se. row* Oras tr 7894 111.1 Om Na 141 ORS rho Na MOW Ne7C t.19) !S44/01 fAX I.Hr) 774-4,511 Exhibit B Aerial Overview „tr.:vow:re' r•-20az avhTmlairxisr,-- Vicinity Map Aerial PLANNING COMMISSION FINAL REPORT Case No. 1215-04 HTE No. 15-10000065 Planning Commission Hearing Date: December 16, 2015 Applicant & Legal Description Applicant/Owner: John Dunn Walsh Legal Description/Location: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1, in an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. Zoning Request From: "IH" Heavy Industrial District To: "RE" Residential Estate District Area: 2.0 acres Purpose of Request: To allow for the reconstruction of a single family home. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IH" Heavy Industrial Estate Residential/Vacant Heavy Industrial North "IH" Heavy Industrial Vacant Heavy Industrial South "IH" Heavy Industrial Vacant Heavy Industrial East "RS -6" Single -Family 6 Estate Residential Heavy Industrial West "IH" Heavy Industrial Estate Residential/Vacant Heavy Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Development Plan and is planned for heavy industrial uses. The proposed rezoning to the "RE" Residential Estate District is not consistent with the adopted Future Land Use Plan or the Westside Development Plan. Map No.: 052046 Planning Commission Final Report Page 2 Transportation m§ g Transportation and Circulation: The subject property has no direct access to a public roadway. Street access to the land locked property is through a driveway across an abutting property and then onto a Road Reserve shown on Lantana Acres Block C Subdivision which then connects to Lantana Road. Lantana Road is a designated C-1 Collector Street with a maximum desirable average daily trips for a C-1 Minor Residential Collector street is 1,000 to 3,000 trips per day. Urban Traffic Existing Transportation Volume Section Plan Type (2013) Street Lantana Road Staff Summary: Proposed Section C-1 Minor Residential Collector 60' 20' NA Requested Zoning: The applicant is requesting a rezoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District to allow reconstruction of an ancestral home. Development Plan: The applicant is proposing to build a new single family dwelling after demolishing the existing single family dwelling without an approved demolition permit. The unplatted, landlocked tract is 2 acres in size and roughly 350 feet by 200 feet. At a minimum, the Unified Development Code would require a 50 -foot front yard setback, 25 foot wide side yard setbacks and a 15 foot rear yard setback. Existing Land Uses & Zoning: The properties to the north of the subject property are vacant and are zoned "IH" Heavy Industrial. To the east of the subject property across a private road are residential estates (single-family dwellings each on more than one acre of land) in the "RS -6" Single -Family 6 District. To the west of the subject property is residential estate zoned "IH" Heavy Industrial. Farther west is vacant land owned by Citgo Refining, which acts as a buffer zone but is outside the city limits and within Industrial District No. 1. To the south of the subject property and next to Academy Heights Subdivision is vacant land zoned "IH" Heavy Industrial and owned by Catholic Solitudes, Inc. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "RE" Estate Residential District is neither consistent with the adopted Future Land Use Plan's designation of the property as heavy industrial nor consistent with the Westside ADP. The following is additional background information on the Future Land Use designation and pertinent elements of the Comprehensive Plan: o The Future Land Use plan designation of Heavy Industrial land use was first placed on the property as part of the Westside ADP to assure Staff Report Page 3 consistency with existing "IH" Heavy Industrial Zoning and without regard to the existing use of the property for a single-family dwelling. o Several Northside Studies were completed in the late 1990s through 2010. The initial Northside Study included this area and recommended rezoning the Heavy Industrial zoned area west of the Academy Heights Subdivision to an agricultural -rural zoning district for the purpose of allowing the existing uses to remain and creating land use compatibility with the Heavy Industrial uses to the west. While the Northside Plan was not approved, the abutting "IH" Heavy Industrial zoning and vacant land in Industrial District No. 1 is still a concern for assuring long-term land use compatibility in the area. The subject property and vacant land to the north and south could be rezoned to a large lot residential zoning district to create a buffer between the existing residential neighborhood and heavy industrial uses likely to develop in Industrial District No. 1. Rezoning the "IH" Heavy Industrial area to a large -lot, low-density residential district would create a buffer between existing higher density residential uses and future industrial uses to the west. o Incompatible industrial and commercial land uses should not abut residential areas. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. (Corpus Christi Policy Statements, Residential Land Use Policy i.) Plat Status: The subject property is not platted and will have to be platted before a building permit can be issued for uses allowed under the zoning district. Department Comments: • The proposed rezoning deviates from the Future Land Use Plan: o While the proposed zoning deviates from Future Land Use Plan, the existing zoning of "IH" Heavy Industrial next to residentially zoned and occupied property conflicts with the Corpus Christi Policy Statements. The "IH" Heavy Industrial Zoning predates the adoption of the Future Land Use Plan and a rezoning to a more compatible district could improve the compatibility of land uses while the residential uses remain. o Rezoning to the "RE" Residential Estates District on only two acres of the Walsh Family owned 15 acres would be a small step toward greater land use compatibility. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "IH" Heavy Industrial District to "RE" Residential Estates District. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 7 within 200 -foot notification area 2 outside notification area As of December 22, 2015: In Favor — 5 inside notification area — 3 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. Site Plan 3. Application 4. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\1215-04 John Dunn Walsh\PC Documents\Report for PC_1215-04 John Dunn Walsh final.docx AGNES LOCATION MAP City of Corpus Christi 35— SUBJECT PROPERTY 0 400 f 'epartm i t Date Created: 12/1/2015 Prepared By: JeremyM of DeYelapment Services CASE: 1215-04 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 CHD 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 RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subjeet Property 0 Owners with 200' buffer in MVO( Owners within 269' IiSted on X Owners attached ownership table in opposition LEFT SIDE ELEVATION SCALE I/8"=I,-O" COMPOSITION SHINGLE ROOF NAILED AS PER MANE SPECS FOR HIGH WIND AREAS 12 RIGHT SIDE ELEVATION ■ REAR ELEVATION RIDGE BOARD COLLAR TIES 12 6 1 BRACE REQUIRED ON ROOF SUPPORTS GREATER THAN 6' BRACE ROOF FROM SIPEWALLS COV PATIO LIVING SECTION TI -IRU 1-1OUSE r 1 1. ROOF FLAN SCALE 1".20' SCALE 1/4"•I'-0" ^f .14 PORCI—I 1111111111 1111111111 111111111111111111 i ;J 111111111 111 FRONT ELEVATION i SCALE 1/4"•I'-0" 7411 SITE PLAN ecaLa P.1®0' N Q� EN N Q 0 WW a w � 0 N z 4 J a y C� 3831 5. PADRE ISLAND DRIVE SUITE E 4392-3233 0 a 0 N 4 a CORPUS CHRISTI, TX 15-10000065 puS c 7.852_ Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: 1215-04 Map No.: 052046 PC Hearing Date: 12-16-15 Proj.Mgr: Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: John Dunn Walsh Contact Person : same Mailing Address: PD. Box 4688 City: Corpus Christistate: Tx ZIP: 78404 Phone: ( 361 ) 215-2433 EMI Cell: ( 361 ) 215-2433 2. Property Owner(s): John Dunn Walsh Contact Person : same Mailing address: 813 Furman Ave., Apt #1 City: Corpus Christi state: Tx ZIP: 78404 Phone: (361 ) 215-2433 E-mail: Cell: (361 ) 215-2433 3. Subject Property Address: 5825 Up River Road Area of Request (SF/acres): 2.0 acres Current Zoning & Use: IH but used for residential Proposed Zoning & Use: RL - residential land 12 -Digit Nueces County Tax ID: 2197 _ - 0000 _ - 0985 Subdivision Name: N/ABlock: Lot(s): Legal Description it not platted: DUNN TR 2 ACS OUT OF OHLER TR 4. Submittal Requirements: Date Held ; with City Staff • Early Assistance Meeting: • Land Use Statement • Disclosure of Interest • Copy of Warranty Deed IF APPL/CABLE: is inconsistent with exhibit landowner • Peak Hour Trip Form (if request with Future Land Use Plan) • Site Plan for PUD or Special Permit ❑ Metes & Bounds Description if property includes un -platted land (sealed by RPLS) • Lien Holder Authorization is not signing this form IN Appointment of Agent Form if I certify that I have provided the City of Corpus ason behalf 0 V' Christi with a complete application for review; that I am authorized to initiate this rezoning Owner(s); and th:orma n provided is accurate4 �, C�� O : -r or Agent's Signa ure App . nt's Signature John Dunn Walsh John Dunn Walsh Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: 11-24-15 Received By: DW ADP, WS Rezoning Fee: 1692.50 + PUD Fee 0 + Sign Fee 10.00 =Total Fee 1702.50 No. Signs Required 1 @ $10/sign Sign Posting Date: 12-1-1 5 K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENTIAPPLICATION FORMS\REZONING\ZONING 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 building(s)/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 applicant, John Dunn Walsh, is the owner of the 2.0 acres located at 5825 Up River Road, Corpus Christi, Texas 78407, as indicated in the Special Warranty Deed at Document Number 2014046105. Mr. Walsh and his family have occupied the residence located at this address from 1980 until about two years ago. This property has been in Mr. Walsh's family for over 150 years, and his relatives have continuously lived on the property from the late 1800s until about two (2) years ago when the ancestral home became unlivable due to its age. The current owner, John Dunn Walsh, plans to build a new 2,500 sq ft brick veneer home on the property (see attached plans). Earlier this year Mr. Walsh obtained a demolition permit and destroyed the 100+ year old ancestral home in anticipation of building his new home. However, the application #15-12545 was denied due to the property being zoned IH. Mr. Walsh is seeking a re -zoning regarding only his 2.0 acres from IH to RL. 2. Identify the existing land uses adjoining the area of request: North - 10 acres north is in agricultural hay use South - The acres south is in agricultural use East - The acres east is used for residential - 2 homes West - The acres west is an industrial buffer zone C:\USERS\TANYAR.000\DESKTOP\DAILY USEWNNIKA\LAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS 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: John Dunn Walsh STREET: 813 Furman Ave., Apt #1 FIRM is: Corporation Partnership CITY: Corpus Christi Sole Owner ZIP: 78404 Association Q 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) None 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 None 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 None 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 Consultant None CERTIFICATE 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. Title: ettifitait., Certifying Person: John Dunn Walsh (Print Name) Signature of Certifying Person: 04,0_ e//,/ Dad! ( it& K:\DEVELOPMENTSVCSISHARED\LAND DEVELOPMENT\APPLICATION FORMS \REZONING\DISCLOSURE OF INTERESTS STATEMENT 5.12.2015.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: David Walsh - Walsh Law Firm Mailing Address: P.O. Box 4688 City: Corpus Christi State: Tx Zip: 78469-4688 Home Phone: ( 361 ) 774-8724 Business Phone: ( 361 ) 882-2088 Cell: ( 361 ) 774-8724 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 legally 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 "I", "my", or "me" iseference to the entity. r2) 6:: *Signature of Agent: cu -L4 JAL Printed/Typed Name of Agent: David Walsh *Signature of Property Owner: Title: 47\ -re --1•1- 12%-- Date: It— 61-.2.015- Printed/Typed Name of Property Owner: John Dunn Walsh itie: owner Date: 1) ' 4 `- 01S *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 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-04 John Dunn Walsh has petitioned the City of Corpus Christi to consider a change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial to estate residential uses. The property to be rezoned is described as: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1. In an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: Address: �j ,41<u \A) ass L,Nry-n,- i4 Si, 'IN FAVOR ( ) IN OPPOSITION REASON: �I Y 4.62 rte. VE5 1-P 's 5 ‘,399.41), SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000065 2`v t City/State: Phone: 3(( --.11({-3—UV Signature Case No. 1215-04 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su incites es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-04 John Dunn Walsh has petitioned the City of Corpus Christi to consider a change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial to estate residential uses. The property to be rezoned is described as: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property t In an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: 'KAcr'LfwU 0atm- Address: (,SOV 1*Sio #Gt,b 21,LI.I\I FAVOR ( ) IN OPPOSITION EASON: SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000065 City/State: I„ S, TY 7' A31 Phone: 2.14- nb - 0440 a is O' sf><ot Signature Case No. 1215-04 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance a: (361) 826-3240. Personas con incapacidades, clue tienen la intencibn de asistir a este junta y que requieren servicios especiales, se les supiica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al Humero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su incites es limitedo, favor de llamar al departamento de servicios de desarrollo al ntmero (361) 826-3240 al metros 48 horas antes de la Junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No, 1215-04 John Dunn Walsh has petitioned the City of Corpus Christi to consider a change of zoning from the "1H" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial to estate residential uses. The property to be rezoned is described as: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1. In an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Horne tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andlor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015L during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY TH- CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: `c--.1 1 1- i4 Address: 12- 5-1 A City/State:a RPks 64e1 sn 773;-. KIN FAVOR ( ) IN OPPOSITION Phone: 1- 28? - 04-.3e REASON: lgnature SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000065 Case No. 1215-04 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta y su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-04 John Dunn Walsh has petitioned the City of Corpus Christi to consider a change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial to estate residential uses. The property to be rezoned is described as: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1. In an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: C -1?s-:T J4-2, 5t4 Address: I 14-' kr City/State: IN FAVOR ( ) IN OPPOSITION Phone: 3 REASON: Signature SEE MAP ON REVERSE SIDE Property Owner ID: 3 HTE# 15-10000065 -7 VI lkAL Case No. 1215-04 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse ala commission durante la junta y su indes es limitado, favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-04 John Dunn Walsh has petitioned the City of Corpus Christi to consider a change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial to estate residential uses. The property to be rezoned is described as: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1. In an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: Address: L t J .i✓ s �A'J,� L '41.-sr1 3 3 3 "+2,C CEA)NV l i Ar -s* (k) IN FAVOR REASON; ( IN OPPOSITION SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000065 Project Manager: Bob Payne Signature City/State: Phone: ..)-1q•" S- 1515 ,;44 Case No. 1215-04 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con fricapacidades, que tienen la jntencion de asistir a esta junta y que requleren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo•, al numero (361) 826-3240. • If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriciirse a la commission durante la junta v su ingles es limitado favor de Ilamar al departamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la'Onto. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1215-04 John Dunn Walsh has petitioned the City of Corpus Christi to consider a change of zoning from the "IH" Heavy Industrial District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Map from heavy industrial to estate residential uses. The property to be rezoned is described as: Being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract described as Real Property 1. In an Inventory and Appraisement Document No. 262134-1 as recorded in Volume 703, Page 139 of the Court Records of Nueces County Texas, being a portion of a 29.67 acre tract called the Katie and Alice Dunn Home tract, in the said Document and being a portion of a 110 acre tract described in a deed from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in Volume H, Page 627 of the Deed Records of Nueces County, Texas, located approximately 850 feet south of Up River Road and east of County Road 52A and west of Lantana Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, December 16, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more Information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In_person, by telephone call or by letter. Printed Name: R4 Q t1 A it` Ce h i eS Address: 317D0kiv ata -A- R -f- ARA-) City/State: Cc-ia (t IN FAVOR ( ) IN OPPOSITION Phone: (aoa; Si AGENDA MEMORANDUM First Reading for the City Council Meeting of January 12, 2016 Second Reading for the City Council Meeting of January 19, 2016 DATE: TO: Ronald L. Olson, City Manager 12/1/2015 FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 Ordinance authorizing acceptance and appropriation of grant funds for the Latchkey Afterschool Snack Program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $153,645 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey Afterschool Snack Program. PURPOSE: Appropriation of grant funding to allow for continuation of the afterschool snack program. BACKGROUND AND FINDINGS: The U.S. Department of Agriculture (USDA), through the Texas Department of Agriculture (TDA), provides grants for youth nutrition as a continuation of the National School Lunch Program. This program is called the Child and Adult Care Food Program (CACFP) for after school educational and/or enrichment activities. The Parks and Recreation Department has a total of 22 Latchkey sites that qualify for meal service based on eligibility. There are 6 sites that do not qualify for this program based on enrollment of youth eligible for free and reduced school meals. The Latchkey program subsidizes the snacks for these sites. The City entered into a five year Interlocal Cooperation Agreement with CCISD, effective October 1, 2013 to June 10, 2018, to prepare and deliver snacks at a rate of $.75 per snack, with a 5% annual price cap increase from the previous year. The rate set for this school year beginning August 24, 2015 - June 2, 2016 (based on Federal funding year) is $.76 per snack. CCISD will maintain and provide all menu preparation records. It is estimated that approximately 12,000 youth per month are served after school snacks. Total program costs are to be provided by the grant. No City funds will be utilized for this program, but an ordinance is necessary to appropriate the grant of $153,645 in order to implement the program. CCISD has approved the food service agreement. ALTERNATIVES: Reject the grant award and discontinue the afterschool snack program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount This item $153,645 $153,645 BALANCE $153,645 $153,645 Fund(s): Parks and Recreation Grant Fund — 1067 Comments: None RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Notice of Award Interlocal Agreement with CCISD Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $153,645 from the Texas Department of Agriculture; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey Afterschool Snack 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 execute all documents necessary to accept a grant in the amount of $153,645 from the Texas Department of Agriculture and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey Afterschool Snack 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 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 Texas Unified Nutrition Programs System 1 AppIication Packet Sponsor of Affiliated Sites Page 1 of 1 Application Packet Sponsor of Affiliated Sites 31507 Status: A,tive CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT DBA: 1601 North Chaparral CORPUS CHRISTI, TX 78401 County District Code: 178 ESC: 2 TDA Region. 5 Packet Submitted Date: 09/11/2015 Packet Approved Date: 09/17/2015 Packet Original Approval Date: 09/17/2015 Packet Status: Approved Latest Action Form Name Version Status View 1 Revise t9 Contracting Entity Application Revise 1 Details V Board of Directors View 1 Revise .0, Contracting Entity Budget Detail Details so° Checklist (7) View Application Packet Notes for CE Original Approved Rev. 1 Approved Original Approved Approved Pending Return for Denied Withdrawn/ Total Correction Closed Error Applications Site Application(s) 24 0 0 0 0 0 24 Next Base Year Renewal: 2017 - 2018 Show Packet History https://txunps1.texasagriculture.gov/TXUNPSiCacfAppPacket.aspx?enc- acnVachf*t9rjd... 12/2/2015 Page 1 of 4 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE AFTER SCHOOL SNACK FOOD PROGRAM This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly authorized City Manager ("City Manager") or the City Manager's designee, and the Corpus Christi Independent School District ("District"), acting through Its duly authorized Superintendent or the Superintendent's designee, for purposes of the Texas Interlocal Cooperation Act, Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring the Child and Adult Care Food Program, a federally -funded and state -administered program to provide after school snacks to school-age children at approved after school program sites; and, WHEREAS, the District agrees to provide unitized snack -sized meals, inclusive of milk or juice, to City for a fixed fee; NOW, THEREFORE, the City and District, in consideration of the mutual covenants contained herein, agree as follows: Section 1. Term. This Agreement begins October 1, 2013, and continues for up to five school years, through approximately June 10, 2018. Section 2. Consideration. Initially, the City shall pay the District $0.75 per snack -sized meal ("Snack" or "Snacks") provided to City by the District. Thereafter, the City Manager is authorized to approve annual amendment to this agreement to adjust the cost per snack, so long as the annual increase does not exceed 5% from the previous year's cost. The District will maintain its food service operation at its facility, which will be utilized for the preparation and packaging of the Snacks, during the term of this Agreement. Section 3. Nutrition Assurances. The District shall ensure that each Snack will meet the minimum nutrition value and content requirements currently mandated and as may be hereafter promulgated by the Texas Department of Agriculture for supplemental food components, in accordance with the Child and Adult Care Food Program - Child Care Center Regulations, which are incorporated in this Agreement by reference as if fully set out herein. Section 4. Record Keeping. (A) District must maintain full and accurate records which must include the following: (1) Menu Records, which will include the amount of food prepared and which comply with the requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are incorporated in this Agreement by reference; and Snack Records, which will include the daily number of Snacks delivered by type and which comply with the 2014-001 1/21/14 Ord. 030058 CCISD INDEXED Page 2 of 4 requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are incorporated in this Agreement by reference. (B) District must provide monthly reports of Menu Records and Snack Records to the City's Park and Recreation Director of Programs, or designee, within ten (10) business days following the end of the preceding month in which Snacks were provided to City. (C)District must make all records and accounts pertaining to the Child and Adult Care Food Program available to representatives of the U.S. Department of Agriculture, the U.S. General Accounting Office, or the Texas Department of State Health Services for audit and administrative review at a reasonable time and place. (D) District must retain the Menu Records and Snack Records for three (3) years plus ninety (90) days following the termination of this Agreement, or so long as an audit of the Menu Records, Snack Records, or both, is in progress. Section 5. Program Coordination. The City's Park and Recreation Director of Programs, or the Director of Programs' designee, shall place a daily order with the District's Food Service Director, or the Food Service Director's designee, and must specify the number of Snacks needed by type, the sites at which the Snacks are needed, and the time by which the Snacks must arrive at each site. Section 6. Food Service Employees. The District's food service employees shall be responsible for transporting and delivering the Snacks to each site. The Districts food service employees will continue to be District employees for the term of this Agreement and are, therefore, subject to the District's policies and regulations. The City's officers, employees, representatives, and agents shall not exercise any control nor supervision over District's food service employees at any time during the term of this Agreement. Section 7. Payment. The District shall invoice the City on a monthly basis for all Snacks provided to the City by District. The City must pay the invoice within two Fridays after receipt of same. Section 8. Current Revenue. All money spent for the Child and Adult Care Food Program must be spent out of currently available revenue of the City and District. Section 9. Governmental Service. This Agreement is between the City and the District for the purpose of providing snacks at City -sponsored after school program sites and is not for the benefit of any third party or individual. Section 10. Non -Assignment. Neither this Agreement, nor any interest therein, is assignable or transferable, in whole or in part, directly or indirectly, without the prior consent of the City and the District; however, this Agreement is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. Section 11. Laws. Both the City and District shall comply with all applicable Federal, State, County, and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance thereunder. Page 3 of 4 Section 12. Modifications. No changes or modifications to this Agreement may be made, or any provision waived, unless made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 13. Severance Clause. If for any reason any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not affect any other section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement, for it is the definite intent of this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. Section 14. Termination. Either party may terminate this agreement by providing sixty (60)_ days advance written notice of termination. Any notices under this agreement to the City shall be sent certified mail, return receipt requested, and mailed to: City of Corpus Christi Attn: Director of Parks and Recreation 1201 Leopard Street Corpus Christi, Texas 78403 Any notices under this agreement to the District shall be sent certified mail, return receipt requested, and mailed to: Corpus Christi Independent School District Attn: Director of Food Services 4922 Westway Corpus Christi, Texas 78408 Section 15. Entirety Clause. This Agreement and any documents incorporated by reference constitute the entire agreement between the City and District. All other agreements, promises, and representations, unless contained in this Agreement, are expressly revoked as the parties intend to provide for a complete understanding, within the provisions of this Agreement and its incorporated documents, of the terms, conditions, promises, and covenants relating to each party's agreed performance. EXECUT • I DUPLICATE, each of which shall be considered an original, on this the 5 day of ' ' , , 201,' ATTEST: CITY OF C City Secretary Ron- Id : i son, City anager Cfd6C(...149C%4Uirk144. Sr CSUNcrL.. wevrTAR` Page 4 of 4 ATTEST: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: By: See Attached Page Name: Name: Title: Title: Date: Date: Approved as to form' Ass Stant City Attorney For City Attorney DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 Corpus Christi, Texas 78403-0110 By: D. Scott EIIiff, Ed.D. Superintendent of Schools Date: 7,)/Vz; Reviewed and A•proved for Purchasing Compliance By: all 41 Brisj : y j fl A, C. P.M Di - t• fo rc asing and Distribution Approved as to Legal Form By: John J. Janssen General Counsel for CCISD R7 Date: /0/9/3 Date: /o -y-(3 DATE: TO: FROM: AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 12, 2016 Second Reading Ordinance for the City Council Meeting of January 19, 2016 12/1/2015 Ronald L. Olson, City Manager E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com, 361-826-3464 Ordinance authorizing acceptance and appropriation of the Retired Senior Volunteer Program (RSVP) grant award for FY15-16 and City matching funds CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 State grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $21,671 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer Program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant fund. PURPOSE: Appropriation and acceptance of grant funding, along with the transfer and appropriation of City matching funds to allow for the continuation of the Retired Senior Volunteer Program (RSVP). BACKGROUND AND FINDINGS: The City receives grant funding for the Retired Senior Volunteer Program (RSVP) through Federal, State and local grants, in addition to City matching funds that must be appropriated each year. This grant award is the first year of the contract with the corporation for National and Community Service. The amount of $21,671 is the State's portion of the contract. The RSVP program has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During the previous grant period (7/01/2014-6/30/15) and fiscal year 2014-2015, 390 enrolled volunteers contributed 69,132 hours through more than 38 different non-profit organizations like the, Deaf and Hard of Hearing Center, Corpus Christi Metro Ministries, VA Clinic, and other community based organizations such as the Corpus Christi Medical Center, USS Lexington, and AARP Chapter. ALTERNATIVES: Reject the grant award and discontinue the RSVP Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: This grant requires City matching funds, which were budgeted in the FY16 City General Fund. X 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 (transfer) $ 79,173 $ 79,173 This item (grant) 21,671 21,671 BALANCE $100,844 $100,844 Fund(s): Parks and Recreation Grant Fund — 1067; General Fund 1020 Comments: State Grant for FY2015-2016 RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and Community Services for the continuation of the Retired Senior Volunteer Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Funds Available Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $21,671 State grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $21,671 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer Program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant fund. 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 $21,671 State grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program. SECTION 2. That the $21,671 State grant is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Retired Senior Volunteer Program. SECTION 3. That $79,173 is transferred from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Retired Senior Volunteer Program. SECTION 4. That $79,173 is appropriated in the No. 1067 Parks and Recreation Grant Fund. 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 For Official Use Only Philadelphia, PA 19106-3323 601 Walnut Street, Suite 876 E 1 RMfife r 15SRWTX013 Agreerrent No.: 1201 Leopard St PO Box 9277 Corpus Christi TX 78401 2120 06945771 NS: Award Information Award Descripti 94.002 CFDA No.: Grant Year: 1 Rifpa1SDS funding $21,671 $0 Total Obligated by CNCS Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22) using money appropriated by the State of Texas. The purpose of this award is to assist the the ijimistrrieiAl carrying out a national service program as authorized by the Domestic This Award/ Funding Information AwardedThisYear Previously Year 1 Balance (Carryover) Grantee's Unobligated Year Total Current $o $0 $21,6'$4 T ld in Previous Amendments $21,671 $0 $0 Cumulative Funding for Project Period Total CNCS Funds Awarded to Date 2016 --OPE 1 -Q53 -OPO -22413-4101 $21,671 $21,671 $21,671.00 Funding Source and Amount Page 1 For Official Use Only For Official Use Only Retired and Senior Volunteer Program 74600514 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 documents, and all other representations rrede in support of the approved grant application. guidelines. Recipient agrees to adrrinister the grant in accordance with the approved grant application, budgets, supporting comply with assurances and certificationsrrede in the grant application, and applicable federal statutes, regulations and Conditions found at https://egrants.cns.gov/termsandconditions/TexasStateTandC_RSVP2015.pdf. Recipient also agrees to e . - • •••''• .1 IAA •• .•• •- ProgramTerrsallcL Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terrrsand Conditions • •• .I Ile -• .• • 11 - • Y.. ••;• • •• -• 11/09/2015 Signature Award Date Senior Grants Officer Corporation for National and Community Service: City of Corpus Christi Legal Applicant Project Director Keisa Thompson, 215-964-6334 Ericka Maldonado Grants Officer Certifying Official/Executive Officer Benjamin Alamprese, 512-391-2944 Program Officer Page 2 For Official Use Only AGENDA MEMORANDUM First Reading for the City Council Meeting of January 12, 2016 Second Reading for the City Council Meeting of January 19, 2016 DATE: TO: FROM: 12/15/2015 Ronald L. Olson, City Manager E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 Ordinance authorizing acceptance and appropriation of a Senior Companion Program (SCP) grant award for FY15-16 and City matching funds CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $5,756 State grant awarded by the Corporation for National and Community Service for the Senior Companion Program; appropriating the $5,756 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grants fund. PURPOSE: Appropriation and acceptance of grant funding, along with the transfer and appropriation of City matching funds to allow for the continuation of the Senior Companion Program (SCP). BACKGROUND AND FINDINGS: The City of Corpus Christi receives funding for the Senior Companion Program through Federal, State and matching funds. The Federal Grant, in the amount of $324,067(made available through the Corporation for National and Community Services), was previously appropriated. In addition, the Corporation for National Community Services distributes State funding that is designated for the day- to-day operations of the Senior Companion Program. A grant in the amount of $5,756 has been awarded for our FY2015-2016 program year. The Senior Companion Program (SCP) allows low-income volunteers 55 years and over, who are willing to become Senior Companions, serve homebound elderly and/or disabled persons 21 years of age or older. Senior Companions also provide respite services to caregivers who are caring for their loved ones at home. Many of the caregivers provide around the clock care. The respite service allows them to run errands, care for their families and get a few hours of well-deserved rest. ALTERNATIVES: Reject the grant award, which will create a budget shortfall. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: x 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 (Transfer) $76,903 $76,903 This item (Grant) $ 5,756 $ 5,756 BALANCE $82,659 $82,659 Fund(s): Parks and Recreation Grant Fund Comments: State Grant Funds FY15-16. RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and Community Services for the continuation of the Senior Companion Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Funds Available Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $5,756 State grant awarded by the Corporation for National and Community Service for the Senior Companion Program; appropriating the $5,756 State grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program and appropriating the $76,903 in the No. 1067 Parks and Recreation Grants fund. 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 $5,756 State grant awarded by the Corporation for National and Community Service for the Senior Companion Program. SECTION 2. That the $5,756 State grant is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. SECTION 3. That $76,903 is transferred from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program. SECTION 4. That $76,903 is appropriated in the No. 1067 Parks and Recreation Grant Fund. 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 For Official Use Only Philadelphia, PA 19106-3323 601 Walnut Street, Suite 876 E 1 SWardWIN.Pi 15SCWTX007 Agreerrent No.: 1201 Leopard St PO Box 9277 Corpus Christi TX 78401 2120 06945771 NS: Award Information Award Descripti 94.016 CFDA No.: Grant Year: 1 RiafOOee Funding $5,756 $0 Total Obligated by CNCS Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22) using money appropriated by the State of Texas. The purpose of this award is to assist the 1 carrying out a national service program as authorized by the Domestic This Award/ Funding Information AwardedThisYear Previously Year 1 Balance (Carryover) Grantee's Unobligated Year Total Current $0 $0 $5,710 T ld in Previous Amendments $5,756 $0 $0 Cumulative Funding for Project Period Total CNCS Funds Awarded to Date 2016 --OPE 1 -Q52 -OPO -22413-4101 $5,756 5,756 $5,756.00 Funding Source and Amount Page 1 For Official Use Only For Official Use Only Senior Companion Program 74600314 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 supporting documents, and all other representations rrade in support of the approved grant application. and guidelines. Recipient agrees to adrrinister the grant in accordance with the approved grant application, budgets, agrees to corrply with assurances and certificationsrrade in the grant application, and applicable federal statutes, regulations Conditions found at https://egrants.cns.gov/termsandconditions/TexasStateTandC_FGP-SCP20150825.pdf. Recipient also e . - ••::•• •••"•• ,1 PA •• .•• e.ProgramTerrsand Terms of Acceptance: By accepting funds under this grant, recipient agrees to corrply with General Terrrsand Conditions • •• .I Ile -• .• • 11 - 1 Y.. ••;• • •• -• ire j„,,,P1-patri., 10/29/2015 Signature Award Date Senior Grants Officer Corporation for National and Community Service: City of Corpus Christi Legal Applicant Project Director Keisa Thompson, 215-964-6334 Becky Perrin Grants Officer Certifying Official/Executive Officer Benjamin Alamprese, 512-391-2944 Program Officer Page 2 For Official Use Only AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 12, 2016 Second Reading Ordinance for the City Council Meeting of January 19, 2016 DATE: November 16, 2015 TO: Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Ordinance authorizing Lease Agreement Renewal with Gulf Coast Gem and Mineral Society CAPTION: Ordinance authorizing the City Manager, or designee, to execute three-year lease agreement with Gulf Coast Gem and Mineral Society for the use of City property at 3933 Timon. PURPOSE: Renew a lease with the Gulf Coast Gem and Mineral Society for a portion of the Kiwanis Recreation Center for shop space for its programs. BACKGROUND AND FINDINGS: The Gulf Coast Gem and Mineral Society (Lessee) has requested a renewal of the three-year lease with the City of Corpus Christi for a portion of the Kiwanis Recreation Center located at 3933 Timon Blvd on North Beach. The Lessee promotes interest by providing lapidary classes and lapidary workshop programs to the general public. The Lessee has been leasing the facility since 1996. ALTERNATIVES: Do not approve OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all lease agreements. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, Parks and Recreation 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 $0 0 0 Encumbered / Expended Amount 0 0 0 This item $540 $1080 0 BALANCE $540 $1080 0 Fund(s): General Fund 1020 Comments: The City collects $45 per month in revenue to cover a portion of electricity costs; the City also collects 35% of class fees as revenue. This is an estimate of revenue already included in the FY16 budget. RECOMMENDATION: Staff recommends that the Council approve the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement with Exhibits Ordinance authorizing the City Manager, or designee, to execute three-year lease agreement with Gulf Coast Gem and Mineral Society for the use of City property at 3933 Timon. Be it ordained by the City Council of the City of Corpus Christi, Texas that SECTION 1. The City Manager or his designee is authorized to execute a three-year Lease Agreement with Gulf Coast Gem and Mineral Society for the use of City property at 3933 Timon. A copy of the lease is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, 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 , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor GULF COAST GEM AND MINERAL SOCIETY LEASE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the City of Corpus Christi ("City") owns the building and facilities located at 3933 Timon; and KNOW ALL BY THESE PRESENTS: WHEREAS, the Gulf Coast Gem and Mineral Society ("Lessee"), a non-profit organization, desires to utilize a part of the building at 3933 Timon; NOW, THEREFORE, the parties, in consideration of the mutual promises and covenants herein, agree as follows: 1. Definitions. A. City — City of Corpus Christi. B. City Manager — City Manager of Corpus Christi or designee. C. Council — City Council. D. Director — Director of Park and Recreation Department or designee. E. Facility — Building at 3933 Timon. F. Lessee — The Gulf Coast Gem and Mineral Society. 2. Term. City grants a lease of a portion of he building located at 3933 Timon ("Facility") as depicted on the attached Exhibit A subject to all of the terms and conditions of this Lease to the Gulf Coast Gem and Mineral Society. The term of this Lease is for 3 years commencing on day of final Council approval. 3. Consideration. In consideration of City's Lease of the Facility to Lessee, Lessee agrees to provide Community Programs as follows. Lessee will provide the public lapidary classes and lapidary workshop programs to promote interest from the general community and Park and Recreation Senior Centers. All revenue generated from said classes will be collected by City with the revenue to be split 65% to Lessee and 35% to City. 4. Lessee Services and Responsibilities A. City Use. If Lessee is not using the Facility, City has the right to use any or all of the Facility for recreational purposes. B. Lessee Usage. Lessee may use the Facility for its meetings and as a workshop, except that Lessee agrees to allow use of the Facility by the Park and recreation Department to support its summer aquatics program on Corpus Christi Beach. Lessee's use of the Facility is also subject to all other restrictions contained herein. Gulf Coast Gem and Mineral Society 1 C. Maintenance. Lessee shall maintain the Premises in accordance with the schedule attached hereto and incorporated herein as Exhibit B. If Lessee is unable to perform maintenance tasks as scheduled, or within a timely manner, the City Manager may terminate this Lease upon fifteen (15) days written notice to Lessee. D. Utilities. City shall pay for utilities at the Facility except that Lessee agrees to pay City $45/month toward electrical usage. E. Voting Accommodations. This facility is a polling location for a variety of public elections. Any and all requirements, schedules, and demands by the relative agency conducting the election must be observed by the Lessee with no exception, at no cost to the agency. F. Insurance. Lessee must secure and maintain at Lessee's expense during the term of Agreement, a Commercial General Liability insurance policy with the limits and requirements shown on the attached and incorporated Exhibit C. The Certificate of Insurance must be sent to Director and a copy of City's Risk Manager and must provide 30 days written notice of cancellation, intent to not renew or material change of any coverage required herein. Association will provide copies of all insurance policies to the City Attorney upon City Manager's written request. Lessee is responsible for providing insurance coverage for any and all equipment stored at the facility, to include any improvements made by Lessee to the Facility. It may, at its discretion, wish to protect its equipment from theft or damage. The City will not be responsible for any damage or loss whatsoever to or of Lessee equipment. Lessee cannot begin operation under this Lease until it provides a certificate(s) of insurance for all required insurance to the Director. 5. City Responsibilities. A. Capital Improvements. City may, from time to time, and in City's sole discretion, undertake capital improvements to the Facility. Prior to commencing any capital improvements, City shall notify Lessee, in writing, of the dates in which Lessee shall be required to vacate the Facility, should the Director deem this necessary. Lessee agrees that the term of this Lease shall not be prorated for the period in which Lessee is restricted from entering the Facility for the purposes of constructing capital improvements. Lessee acknowledges and understands that City shall have no obligation to provide an alternate location for Lessee during any period that Lessee must vacate the Facility. Capital improvements which City determines are needed will be funded by City at its discretion. City has no obligation for repair or maintenance to the facilities. B. Contract Person/Lease Administrator. For this Lease, City's contact person and lease administrator is the Director of Parks and Recreation. 6.. Default. The following will constitute events of default: Gulf Coast Gem and Mineral Society 2 A. Failure to maintain any item set out in Section 3 and 4. B. Failure to maintain any insurance required by City. C. Failure to keep, perform, and observe all other promises, covenants, and conditions contained in this Lease. D. Lessee will be notified in writing of any default and will have 15 days to cure the default. If said default is not cured within 15 days of receipt of written notice of default, Director may provide Lessee with written notice of termination of this Lease effective upon receipt of said termination notice. 7. Concession. Food/drink concession and retail sales operations by Lessee are strictly prohibited. 8. Laws. Lessee shall comply with all applicable laws, ordinances, regulations and rules of the Federal, State, County, and City governments which may be applicable to its operations at the Facility and its performance under this agreement. This Lease is also subject to applicable provisions of the City Charter. 9. Alterations. Lessee will not make any additions or alterations to the Facility without Director's prior written consent. Any permanent additions or alterations made by Lessee will become the property of City at the expiration of this Lease. 10. Relationship. This Lease establishes a Landlord/Tenant relationship, and none other. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of either party are not, nor construed to be, the employees or agents of the other party for any purpose whatsoever. 11. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee, its officers, members, employees, representatives, and agents (collectively, "Indemnitors") covenant to fully indenuzify, save and hold harmless the City, its officers, agents, representatives, and employees ("Indemnitees")from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature on account of death, personal injuries, property loss or damage, or any other kind of injury or damage, including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with Lessee's use of the Premises and all activities associated therewith pursuant to this Lease, regardless of whether such injuries, death, or damages are caused, or are claimed to be caused by the concurrent or contributing negligence of Indemnitees, but not if caused by the sole negligence of Indemnitees unmixed with the fault of any other person or entity. Lessee covenants and agrees that it City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee Gulf Coast Gem and Mineral Society 3 relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. 12. Assignment. This Lease may not be assigned nor sublet without the prior written approval of the Director of Parks and Recreation. 13. Nondiscrimination. Lessee covenants that all its members and guests will be treated equally without regard to their race, religion, national origin, sex, age, or disability and in compliance with all federal and state laws prohibiting discrimination in employment. 14. Cancellation. This Lease may be canceled without cause by either party if the party canceling has given the other party 45 days prior written notice of the date of cancellation. 15. Notice. All notices which may or are required to be sent under this Lease must be sent by certified mail or hand delivered as follows: If to City: City of Corpus Christi Park and Recreation Department P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attention: Director of Park and Recreation (361) 826-3464 If to Lessee: Gulf Coast Gem and Mineral Society P.O. Box 60781 Corpus Christi, Texas 78466 Attention: Current President (361) 883-1908 http://www.gcoms.orq Either party may change the address to which notice is sent by using a method set out above. Lessee will notify City of any address change within 30 days after the address is changed. 16. Waiver. Any waiver by the parties of a breach of any covenants, terms, obligations or events of default is not a waiver of any subsequent breach, nor does the Gulf Coast Gem and Mineral Society 4 failure to require full compliance with the Lease change the terms of the Lease or estop the Parties from enforcing the terms of the Lease. 17. Modifications. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing and signed by a person authorized to sign agreements on behalf of each party. 18. Inspection. Any officer or authorized employee of City may enter upon Facility at all reasonable times and without notice, to determine whether Lessee is performing in accordance with the terms of this Lease or for any purpose incidental to City's retained rights of Facility. 19. Signs. Lessee must not post signs or advertising at Facility without the Director's prior written approval. 20. Surrender. Upon expiration or cancellation of this Lease, Lessee must return Facility to City in reasonably good condition, ordinary wear and tear excepted. 21. Publication. Lessee agrees to pay the costs of newspaper publication of this Lease and related Ordinance as required by the City Charter. SIGNED IN DUPLICATE THIS day of , 2015. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Ronald L. Olson, City Manager Legal form approved on t 2111)/(C- : By: a° Lisa Aguilar, As ant City Attorney For City Attorney Gulf Coast Gem and Mineral Society 5 GULF COAST GEM AND MINERAL SOCIETY By: = /l/-0•1 e: ,-z, 4 Date: J.2.% /7 o/ Gud Coast Gem and Mineral Society e Exhibit A — 'awards Recreation Center Seagull Blvd Leased Premises w. _ mp dm Timan Blvd EXHIBIT B GULF COAST GEM AND MINERAL SOCIETY MAINTENANCE SCHEDULE AND RULES — 3933 Timon Blvd Section 1. Lessee shall maintain the Premises at all times during the term of this Lease in a clean and sanitary condition and, at the expiration of Lease, shall return said Premises to City in reasonably good condition, ordinary wear and tear and acts of God, excepted; and fire and flood damage or destruction, where Lessee is without fault, excepted. Section 2. If Director provides written notice to Lessee of necessary maintenance, Lessee shall have ten (10) days to complete said maintenance. If said maintenance is not completed, Director may undertake said maintenance and bill Lessee for the cost. Lessee shall pay said billed costs within thirty (30) days of receipt of invoice from City. If payment is not timely made, City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may terminate this Lease upon ten (10) days written notice. Section 3. The Director may, at any time during the term of this Lease, promulgate such additional and reasonable maintenance rules as may be necessary for the efficient and safe operation of the Premises. Director will notify Lessee, in writing, at least ten (10) days prior to the implementation of any new rule(s) under this Lease. Gulf Coast Gem and Mineral Society EXHIBIT C INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, 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 named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. 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 $500,000 COMBINED SINGLE LIMIT (When applicable) LIQUOR LIABILITY COVERAGE If liquor being served $1,000,000 COMBINED SINGLE LIMIT Property Coverage Lessee will be responsible for any and all damage to equipment used regardless if owned, rented, leased or borrowed. WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable when employs paid employees, WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $500,000 /$500,000 /$500,000 Gulf Coast Gem and Mineral Society 8 C. In the event of accidents of any kind related to this lease agreement, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable when employing paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Lessee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management and Director of Parks and Recreation P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract Gulf Coast Gem and Mineral Society 9 with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Gulf Coast Gem and Mineral Society 10 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 12, 2016 Second Reading for the City Council Meeting of January 19, 2016 DATE: December 22, 2015 TO: Ronald L. Olson, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Closing a utility easement out of a part of Lot 39A, Block 72, Padre Island -Corpus Christi Subdivision CAPTION: Ordinance abandoning and vacating a 1,687.50 -square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 39A, Block 72, Padre Island -Corpus Christi Subdivision, located south of Park Road 22 public street right-of-way; and requiring the owner, Valtex Investments, LLC, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for Valtex Investments, LLC to construct a new residential home on the lot. BACKGROUND AND FINDINGS: Valtex Investments, LLC (Owner) is requesting the abandonment and vacation of a 1,687.50 - square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 39A, Block 72, Padre Island -Corpus Christi Subdivision, located south of Park Road 22 public street right- of-way. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with the construction of a new residential home. Staff recommends the Owner pay a one-time fair market value fee in accordance with City Code of Ordinance Section 49-13. The Owner will not 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. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. 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 $3430.00 $3430.00 BALANCE $3430.00 $3430.00 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. 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. b. In exchange for the City's grant of the easement closure the Owner agrees to provide the City with a one-time payment of $3,430.00 LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Map Ordinance abandoning and vacating a 1,687.50 -square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 39A, Block 72, Padre Island -Corpus Christi Subdivision, located south of Park Road 22 and north of Whitecap Boulevard; and requiring the owner, Valtex Investments, LLC to comply with the specified conditions. WHEREAS, Valtex Investments, LLC (Owner) is requesting the abandonment and vacation of a 1,687.50 -square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 39A, Block 72, Padre Island -Corpus Christi Subdivision located south of Park Road 22 and north of Whitecap Boulevard; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 1,687.50 -square foot portion of an existing 15 -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 Valtex Investments, LLC ("Owner"), a 1,687.50 -square foot portion of an existing 15 -foot wide utility easement out of Lot 39A, Block 72, Padre Island - Corpus Christi Subdivision located south of Park Road 22 public street right-of-way, as recorded in document number 2015027674 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, "Exhibit B", which is the Survey, and "Exhibit C", which is the location map, 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 within 180 days of City Council approval. a. 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. b. In exchange for the City's grant of the easement closure the Owner agrees to provide the City with a one-time payment of $3430.00. 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 STATE OF TEXAS JOB NO. 15-4216 COUNTY OF NUECES EXHIBIT A 1,687.50 SQUARE FEET EASEMENT CLOSURE ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being out of Lot 39A, Block 72, Padre Island -Corpus Christi, Section No. 2 as recorded in Volume 35, Page 1 of the Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to wit: COMMENCING at a 5/8 inch iron rod found for the West corner of said Lot 39A, same lying in the Northeast right-of-way margin of Keel Avenue; THENCE, along said Northeast right-of-way margin of Keel Avenue, SOUTH 63 degrees 57 minutes 33 seconds EAST 70.50 feet to the point of beginning and the Southwest corner of the existing 15 foot utility easement; THENCE, along the Northwest boundary line of said existing 15 foot utility easement, NORTH 26 seconds 02 minutes 27 seconds EAST 112.50 feet to a point for the Northwest corner of this tract, same lying in the Southwest boundary line of a 7.5 foot utility easement along the Northeast boundary line of said Lot 39A; THENCE, along said Southwest boundary line of the 7.5 foot utility easement, SOUTH 63 degrees 57 minutes 33 seconds EAST 15.00 feet to a point for the Northeast corner of this tract, same lying in the Southeast boundary line of said 15 foot utility easement; THENCE, along said Southwest boundary line of the 15 foot utility easement, SOUTH 26 degrees 02 minutes 27 seconds WEST 112.50 feet to a point for the Southeast corner of this tract, same lying in said Northeast right-of-way margin of Keel Avenue; THENCE, along said Northeast right-of-way margin of Keel Avenue, NORTH 63 degrees 57 minutes 33 seconds WEST 15.00 feet to the point of beginning and containing 1,687.50 square feet of land. I hereby certify that this survey as reflected in the above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications for a Category IA, Condition II Land Survey. Dated this the _22nd day of September , 2015. Ronald A. Voss, Registered Professional and Surveyor No.2293 CURB B.M.* ELEV. = 7.69' LOT 38 (N 26° 11' 39" E 119.99') EN 26° 02' 27" E 120.00'] EXHIBIT B co "57 33"VV 148.001) co z tn P.O.B. LOT 39A N 26° 02' 27" E 112.50' 77\ S 26° 02' 27" W 112.50' 1,687.50 S.F:- SET 5/8I" R [R= 10.00', LA= 5.24'] SET 5/8" I R [S 26° 02' 27" W 17.32LC=(S 11° 10' 57" W 5.18') '1 (S26° 11' 38" W 17.32') [R= 10.00', LA= 15.71'] LC=(S 71° 14' 59" W 14.32') Exhibit "B" NoTes; (1.) Found 5/8" I.R. @ all lot comers unless noted otherwise. I, Ronald A. Voss, a Registered Professional Land Surveyor, do hereby certify that this survey was made on the ground of the property shown hereon under my direction and Supervision; that it is my knowledge and belief; that there are no apparent encroachments or overlapping of improvements with the deed lines except as shown hereon. This Survey was performed without the benefit of a Title Policy or Title Opinion, DATE: 09/24/2015 REVISION: CREW: RS & DL OFFICE: RV & RG GF#: JOB#: 15-4216 KEY: WOOD FENCE [RECORDED] WIRE FENCE (MEASURED) --V \ ANWI PPKIr.F AQUARIUS STREET (70R.O.W.) LOT 43-A • ts- co co (6 00 T— WLIJ co C CO C) • Er) Lt)0 ;,) 0 _ w SCALE 1" = 20' 50, This property lies within Zone A-18(10'), according to FIRM 92 which is within the 100 year Flood Plain. NOT VALID WITHOUT ORIGINAL SIGNATURE AND ORIGINAL SEAL. Registered Professional Land Surveyor State of Texas No. 2293 1,687.50 S.F. Easement Of Lot 39A, Block 72, Padre Island -Corpus Christi, Section No. 2 Volume 35, Page 1 (M.R.N.C.T.) Corpus Christi, Nueces County, Texas VOSS ENGINEERING, INC. ENGINEERING & LAND SURVEYING 6838 GREENWOOD DRIVE, CORPUS CHRISTI, TEXAS 78415 PHONE: 361.854.6202 FAX: 361.853.4696 Exhibit C UTILITY EASEMENT CLOSURE - PADRE ISLAND SECTION 2 BLK 72 LT 39A EASEMENT CLOSURE PADRE ISLAND St4NTgN VERDEMAR JACKFISH Aerial Overview WiMENT M wawa .. Vicinity Map= 1 Aerial AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of January 12, 2016 Second Reading Ordinance for the City Council Meeting of January 19, 2016 DATE: TO: Ronald L. Olson, City Manager 12/15/2015 FROM: Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approving Agreement and appropriating funds to reimburse developer for the construction of a 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 JCL Properties, ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $40,766.50 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: JCL Properties, is required to install 1,114 linear feet of 12 -inch water arterial grid main extension in order to provide adequate water to a proposed Lewis & Cook Addition, Block 1, Lot 1 commercial site. The subdivision is located along the south side of Agnes Street (State Highway 44), east of North Clarkwood Road and north of Buckholt Road. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (1) Credits and Reimbursements of the Unified Development Code ("UDC"), JCL Properties, is requesting a Reimbursement Agreement for the development of Lewis & Cook Addition, Block 1, Lot 1 as shown on the final plat. The subdivision is located along the south side of Agnes Street (State Highway 44), east of North Clarkwood Road and north of Buckholt Road. The development requires the extension of 1,114 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 within the ordinance. The 12 -inch waterline is eligible for oversize reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 16 -inch water arterial grid main along Agnes Street (State Highway 44). However, the City is requesting the size of the waterline to be 12 -inches. 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 oversizing from a 6 -inch and 8 -inch to a 12 -inch water arterial grid main with participation is $443,994.00 and $403,227.50 without oversizing participation. The difference between 6 -inch and 8 -inch to a 12 -inch is $40,766.50. 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 Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,949,610.16 Encumbered / $ Expended Amount 887,250.71 This item $40,766.50 BALANCE $1,021,592.95 Fund(s): Water Arterial Transmission Grid Main Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH JCL PROPERTIES, ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $40,766.50 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 JCL Properties, ("Developer"), for the extension of a 12 -inch water arterial transmission and grid main line, including all related appurtenances, for the development of Lewis & Cook Addition, Block 1, Lot 1, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $40,766.50 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 JCL Properties, a Texas General Partnership ("Developer "), P.O. Box 4868, Bryan, Texas 77805. 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 Lewis & Cook Addition, Block 1, Lot 1 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Lewis & Cook Addition, Block 1, Lot 1, 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 fire hydrant on Agnes Street (State Highway 44) located on the south side of Agnes Street (State Highway 44) for a distance of 1,114 linear feet in order to extend water grid main along Agnes Street (State Highway 44) to Buckholt Road 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 1,114 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 1,114 linear feet of 12 -inch PVC waterline pipe. 2. Install 1,900 linear feet of 8 -inch PVC waterline pipe. 3. Install 109 linear feet of 6 -inch PVC waterline pipe. 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. 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 January 19, 2017. Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 2of10 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 January 19, 2017. 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. 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. Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 3 of 10 d. 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 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. Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 4 of 10 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: Craig J. Lewis General Partner JCL Properties P.O. Box 4868 Bryan, Texas 77805 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. 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 Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 5 of 10 exceed $40,766.00, 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 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 Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 6 of 10 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, (Il) ENVIRONMENTAL CONSULTANTS, (11I) 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, Lewis & Cook Addition, Block 1, Lot 1, 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. 19. DISCLOSURE OF OWNERSHIP INTERESTS Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Fomi Reimbursement Agreement Template Version 1.010.7.15 Page 7of10 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 , 2016. SIGNATURES FOUND ON PAGES 9 and 10. Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 8 of 10 Developer Craig J. Lewis, Partner JCL Properties P.O. Box 4868 Bryan, Texas 77805 THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Craig J. Lewis, Partner, for JCL Properties, and acknowledged before me on the Rsiirl day of DECEINNIX.f, 2015. Nota bis to of Texas Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 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 2016. 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 2016. Notary Public, State Of Texas APPROVED AS TO FORM: This I day of Julian Grant, enior Assistant City Attorney For the City Attorney , 2015. Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 10 of 10 0 <b°43E4J Rq8111thE r oa i=) o ,&iCt — 3 ,ri,80.1 S e 4 E Ela d 9 pRig 'A APPLICATION FOR WATERLINE REIMBURSEMENT We, JCL Properties, a Texas General Partnership, P. O. Box 4868, Bryan, TX 77805, owners and developers of proposed Lewis & Cook Addition (Block One, Lot 1), Corpus Christi, Texas, hereby request reimbursement of $40,766.50 for the installation of the water line, in conjunction with said lot, as provided for by City Ordinance No. 17092. $440,310.16 is the construction cost, including 10% Engineering and Surveying, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. _.y 9. Craig'`-. JCL '��,► les II 311/ f , Managing Partner ffffff Date THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on not/e•Y.ber 13 2015, by C_rc ij (Name), €n R j, Pr/71er (Title), of JCL Properties, a Texas General Partnership, on behalf of the said company. KAREN S. ROBINSON Notary Public. State of Texas My Commission Expires JUNE 21,201e CERTIFICATION •,— Notary Public in and for the State of Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency offunds in the Arterial Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. ievelopment Services Engineer y171 t s� (Date) Exhibit 2 Page 1 of 2 APPLICATION FOR WATERLINE CREDIT We, JCL Properties, a Texas General Partnership, P. O. Box 4868, Bryan, TX 77805, Craig J. Lewis of proposed Lewis & Cook Addition (Block One, Lot 1) Corpus Christi, Texas, hereby apply for $ 3,683.84 credit towards the water lot/acreage fee for the installation of the water type of line as provided for by City Ordinance No. 17092. $443,994.00 is the construction cost, including 10 % Engineering and Surveying, as shown by the cost supporting documents attached herewith. 1/' /3 l5' Da e THE STATE OF TEXAS § COUNTY OF &a,zcs § This instrum nt was acicnowledged before me on 11¢ven--4a€ r I3 — Le i, 2015, by I"�i .t (Name), YY�a►-�5 r nq i��r°{�►Q� (Title), of JCL Properties' a Texas General Partnership, on behalf of the said company. KAREN S. ROBINSON Notary Public, State of Texas My Commission Expires JUNE 21,2018 Notary Public in and for the State of Texas Exhibit 2 Page 2 of 2 PROPOSED 5� CONSTRUCTION PLANS FOR THE N LEVIS&COOK AMOR Lar 1 IrME- nepesei .,,, MOW - -- a1S •11• �4 .eas® NIS 11C PREPARED FOR; JCL PROPERTIES P.Q. Box 4868 BRYAN. 7X77805 OFF: (979) 776-8245 FAX: (9919) 714-3003 EMAIL CRAIGORECIND.COM PREPARED BY: RME CONSUiTINO ENGINEERS 3800 S.H. No. 6 SOUTH, STE. 108G <77845> P.G. BOX 9253 COLLEGE STATION. TEXAS 77842 PH: (979) 764-0704 FX: (979)764-0704 EMAIL: civIlf@rmenzIneer.com LEWIS & COOK ADDITION LOT 1, BLOCK ONE UTII,ITY IMPROVEMENTS CORPUS CHRISTI, rTUECEs COUNTY, TEXAS ISSUED FOR CONSTRUCTION - 7/28/15 L 44+.1•2111 THE STATE OP TEXAS 114 RABON A. METCALF. P.E. No. 88383 RME CONSULTING ENGINEERS TEXAS FIRM REGISTRATION No. 0.4695 1t -.••E. •...•1 fl. trwmte. was cm. O. 11 .11 +00+0 n sr•E MOIM Una *LAM,Ds411� 11 .1...1 w F41. aw. a.0� v. a.� .Pe*".+..� 1.f 01 •_0111 W .1.40101 tax ot,LL0.t.f .Pals - .•.. • P•O01oa 000 1..1 wry... • .11401 Must& 031.0 re• 1111 4 41040. 4te WPM •43.1..1. 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I r 5 y H >< a 4 1 51- b t 1 • 1 ! a a e g 1 igr 4.a1 ` L4i4 11.1.1.0.0111.1.1.0.010.11.1.1.0.010._. •OH. UIYR SYX31 W143 snd lo3 3NO )mole .1 10i N011100Y )1003 5161.31 K OA 511Y130 Srno3NY1i3astn Ishr,, a.... +n: i .., ,.r.sme.na tli O. #C RIM M R i lilt 9 !F lista 1r�ip i e - - $; 4 pip 1i�it is g e Y2,1 i IIyOl a - is ,x; 1:Aga a k!i a ill •, v Ethel . ,,I i a- it .l 11: ! A ° Px a LQ I sl - ;I fp f k til I ! �9 Pili ! la pi i;p A ii. t Id ni'vq $ v ! air • 81 o-alqe NI ix; t.ii `6 �rik! I e izals°7 i is k9 4 gii `i of Ilig9. 8 9 a itr zi a i° !4c !! ' a1111' ! ftp g.9 r..b E: h ais 16 X w ENGINEER'S COST ESTIMATE wIPARTICIPATION LEWIS & COOK ADDITION WATER LINE IMPROVEMENTS CORPUS CHRISTI, NUECES COUNTY, TEXAS NO. DESCRIPTION:, .QUANTITY UNIT UNIT COST TOTAL COST GENERAL CONSTRUCTION ITEMS 1 Mobilization, Construction Staking, All Required Testing & Trench Safety 1 LS $12,742.00 $12,742.00 2 Traffic Control Measures 1 LS $8,990.00 $8,990.00 3 Hydro -Seeding (All Disturbed Areas) 1 LS $6,450.00 $6,450.00 4 Miscellaneous Erosion Control Measures (Le. Filter Fence, Bar -Ditch Protection, etc...) 1 LS $3,200.00 $3,200.00 5 Gravel Patch for Existing Driveway 23 SY $50.00 $1,150.00 6 Road Bore (Wet) w118" Steel Casing (Sch 40) 75 LF $225.00 $16,875.00 SUB -TOTAL = $49,407.00 WATER LINE IMPROVEMENTS 7 12" PVC Water Line (C900, DR14) 831 LF $82.00 $68,142.00 8 12" PVC Water Line (CertaLoky C900, DR14) wlCasing Spacers & End Seals 283 LF $82.00 $23,206.00 9 8" PVC Water Line (C900, DR14) 1631 LF $76.00 $123,956.00 10 8" PVC Water Line (CertaLok: C900, DR14) w/Casing Spacers & End Seals 269 LF $72.00 $19,368.00 11 6" PVC Water Line (C900, DR14) 109 LF $72.00: $7,848.00 12 Non -Structural Backfill Installation (All Water Line Sizes) 2474 LF $5.00 $12,370.00 13 Structural Backfill Installation (All Water Line Sizes) 97 LF $11.00 $1,067.00 14 Tie into Existing Water Line 2 EA $1,085.00 $2,170.00 CD1-157-0513-E05 Exhibit 4 Page 1 ofl if 3 ENGINEER'S COST ESTIMATE w/PARTICIPATION 15 Standard Fire Hydrant Assembly 8 EA $4,865.00 $38,920.00 16 12" (MJ) Gate Valve & Box 11 EA $2,300.00 $25,300.00 17 8" (MJ) Gate Valve & Box 10 EA $1,529.00 $15,290.00 18 6" (MJ) Gate Valve & Box 9 EA $1,030.00 $9,270.00 19 12" x 12" (MJ) Cross 1 EA $2,500.00 $2,500.00 20 12" x 12" (MJ) Tee 3 EA $2,000.00 $6,000.00 21 12" x 8" (MJ) Tee 1 EA $1,500.00 $1,500.00 22 8" x 8" (MJ) Cross 1 EA $1,450.00 $1,450.00 23 12" x 6" (MJ) Tee 3 EA $1,700.00 $5,100.00 24 8" x 8" (MJ) Tee 1 EA $1,250.00 $1,250.00 25 8" x 6" (MJ) Tee 3 EA $1,090.00 $3,270.00 26 12" x 8" (MJ) Reducer 2 EA $1,500.00 $3,000.00 27 8" x 6" (MJ) Reducer 2 EA $770.00 $1,540.00 28 12" (MJ) 45 deg Bend 4 EA $1,450.00 $5,800.00 29 12" (MJ) 22.5 deg Bend 1 EA $1,300.00 $1,300.00 30 12" (MJ) 11.25 deg Bend 2 EA $1,200.00 $2,400.00 31 8" (MJ) 45 deg Bend 6 EA $835.00 $5,010.00 CD1-157-0513-E05 Exhibit 4 Page 2 q$f 3 ENGINEER'S COST ESTIMATE w/PARTICIPATION 32 8" (MJ) 22.5 deg Bend 2 EA $610.00 $1,220.00 33 8" (MJ) 11.25 deg Bend 2 EA $575.00 $1,150.00 34 6" (MJ) 22.5 deg Bend 1 EA $450.00 $450.00 35 12" (MJ) Plug 2 EA $800.00 $1,600.00 36 8" (MJ) Plug 2 EA $350.00 $700.00 37 2" Service Tap & Meters 1 LS $2,440.00 $2,440.00 .E OF rfirl>y *. o��a. •i • /OE NS�t ,c. •�'3,0NAL -or lid( ‘' E?•G� SUB -TOTAL = $394,587.00 ESTIMATED CONSTRUCTION COST = $443,994.00 10% CONTINGENCY = $44,399.40 GRAND TOTAL = $488,393.40 RME Consulting Engineers TEXAS FIRM REGISTRATION No. F-4695 POST OFFICE BOX 9253 COLLEGE STATION, TEXAS 77842 OFF/FAX: (979) 764-0704 E-mail: civil@rmengineer.com Estimates and projections prepared by RME Consulting Engineers rclaiing w construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results arc based on this office's experience, qualifications and judgment as a design professional. Since RME has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction contractor's procedures and methods, unavoidable delays, construction contractor's methods of determining prices, economic conditions, competitive bidding or market conditions and other factors affecting such estimates or projections, this office does not guarantee that actual rates, costs, performance, schedules, etc., will not vary from estimates and projections prepared by the Engineer of record. CD1-157-0513-E05 Exhibit 4 Page 3 otif 3 Lewis & Cook Addition Water Line Reimbursement Improvements Corpus Christi, Nueces County, Texas Quantity Unit Unit Cost Total Cost 12" PVC Waterline (All types) 1,114 LF $ 398.56 $ 443,994.00 8" PVC Waterline (All types) 1,900 LF $ 212.23 $ (403,227.50) TOTAL $ 40,766.50 Total Waterline cost with 10 % engineering Water Lot/Acreage Fee Total Waterline cost Total Onsite waterline cost Total Oversize and Reimburseable waterline amount from the CITY $ 443,994.00 $ 3,683.84 $ 440,310.1.6 $ 399,544.15 $ 40.766.50 Exhibit 4 Page 4 of 4 INSURANCE REOUIREMENTS 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 (I0) calendar days advance written notice -for nonpayment-oFpremium. 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. 1. 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 lanstolkollginallo City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Tuns Department of Development Services P 0 Box 9277 Corpus Chnstt, Texas 78469-9277 (361) 626-3240 Locate) 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 therfotlr j ng information. Every question must be answered. If th stion is not applicable, answer ,p �`� fi� NAME: • 11.614-i ( S a XCS ' arPinLr7\PJti�t�3 STREET: r 5 Ilii 10 !i_/ a) CITY: I ,moi �{at _II ZIP: FIRM is: ❑ Corporation ® Partne - (�p ❑ Sole Owner J Association ❑ Other Ntailin2r.p 6,36k L-1.5cJs' DISCLOSURE QUESTIONS r T)( �1- If additional space is necessary, please use the reverse side of this page or attad i separate sheet. 1. 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 d j 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 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 1VA 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* i 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 . r itted to the City of Corpus Christi, Texanges occur, Certifying Person: Signature of Certifying Person: K (DEVELOPMENTSVCStSHAREDtl-AND DEVEL STATEMEN 1.2712.DOC Title: Date: 1_ 1 f !, 4 i' r -Era iinFr► e MINISTRATION1APPLICATION FORMSTORM.S AS PER LEGAL12012\DISCLOSURE of INTERESTS Page 1 of 2 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 \DEVELOPMENTSVCS\SHAREDV-AND DEVELOPMENTIORDINANCE ADMINISTRATIOMAPPLJCATION FORMSIFORMS AS PER LEOALl20121DISCLOSURE OF INTERESTS STATEMENT, 27 IzDOC Exhibit 6 Page 2 of 2 Vicinity Map LEWIS & COOK VICINITY MAP Aerial Overview LEWIS & COOK AERIAL OVERVIEW MAP t N Aerial AERIAL MAP LEWIS & COOK 3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 12, 2015 Second Reading Ordinance for the City Council Meeting of January 19, 2016 DATE: January 5, 2016 TO: 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 Jeff Edmonds, Director of Engineering JefferyE@cctexas.com (361) 826-3851 Engineering Contract McGee Beach Breakwater Improvements CAPTION: Ordinance amending the FY 2016 Capital Improvement Progam budget adopted by Ordinance No. 030621 to add project No. E15219 McGee Beach Breakwater Improvements; increasing expenditures in the amount of $21,900; and authorizing the City Manager, or designee, to execute a professional services contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $19,900 to provide an updated concept assessment and opinion of probable construction cost for breakwater improvements at McGee Beach as recommended by the Corpus Christi Business and Job Development Corporation (Type A Board). PURPOSE: To authorize a professional services contract with HDR Engineering, Inc. to begin assessment of McGee Beach breakwater improvements. BACKGROUND AND FINDINGS: This project provides for preliminary design phase services to develop the improvement concept and opinion of probable construction cost for the breakwater at McGee Beach. This concept was developed for funding consideration through the City's Seawall 4A Board. The McGee Beach breakwater creates the marina and provides protection to the downtown seawall. Improvement to the McGee Beach breakwater would provide additional protection and stability to the seawall. The project tasks required are listed below. Basic Engineering Services: • Participate in a kickoff meeting and project site visit with City staff to review project goals and observe general conditions of the existing breakwater and supporting amenities. • Review the previous project concept and OPCC developed by HDR in 2009. • Update the improvement concept for the breakwater, adjoining structures, and selected amenities. Anticipated improvements are as follows: o Demolition of the concrete pile -supported (elevated) access walkway and replacement with an extension of the rock breakwater. o Replacement of the concrete cap/walkway along the rock breakwater o Replacement of electrical line/lights o Replacement of trash receptacles and signage o Replacement of steps between beach and breakwater o Replacement of the fish -cleaning station • Develop an updated OPCC for the breakwater improvement concept and selected amenities. In addition, if replacement of the concrete structure that supports the existing concession area is determined to be necessary, develop OPCC for replacement structure (including concession structure and restrooms). • Provide a brief technical memorandum summarizing the results. The assessment and recommendation for repair or replacement of the concrete structure that supports the existing concession area and restrooms was not included in the 2009 improvement concept. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: This item was approved by the Type A Board on December 14, 2015. CONFORMITY TO CITY POLICY: Conforms to requirements of the Corpus Christi Business and Job Development Board for appropriation and use of Type A funds for seawall maintenance. DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Other Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $21,900 $21,900 This Item 19,900 19,900 Encumbered / Expended Amount 2,000 2,000 BALANCE $0.00 $0.00 Fund(s): Type A Board Seawall Maintenance Fund Comments: RECOMMENDATION: City Staff recommends approval of the engineering contract for the development of cursory level concept improvements at McGee Beach. LIST OF SUPPORTING DOCUMENTS: • Contract • Project Budget • Location Map Ordinance amending the FY 2016 Capital Improvement Progam budget adopted by Ordinance No. 030621 to add project No. E15219 McGee Beach Breakwater Improvements; increasing expenditures in the amount of $21,900; and authorizing the City Manager, or designee, to execute a professional services contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $19,900 to provide an updated concept assessment and opinion of probable construction cost for breakwater improvements at McGee Beach as recommended by the Corpus Christi Business and Job Development Corporation (Type A Board). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2016 Capital Improvement Program Budget adopted by Ordinance No. 030621 is amended to add Project No. E15219 McGee Beach Breakwater Improvements. SECTION 2. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to increase expenditures in the amount of $21,900. SECTION 3. An Engineering Contract for the McGee Beach Breakwater Improvements project in the amount of $19,900 is approved by the City Manager or his designee. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, 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 , 2016, 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 , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET McGee Beach Breakwater FUNDS AVAILABLE: Amount Type A Sales Tax Proceees 21,900.00 TOTAL AVAILABLE $ 21,900.00 FUNDS REQUIRED: Construction (Estimate) TBD Engineer Fees: HDR Engineering $19,900.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 1,000.00 Engineering Services (Project Mgmt/Constr Mgmt) 1,000.00 Miscellaneous TOTAL $ 21,900.00 ESTIMATED BUDGET BALANCE McGee Beach Breakwater Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 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 (Director of Engineering Services) and HDR Engineering, Inc., a Texas corporation, 555 N. Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT McGee Beach Breakwater Improvements (Project No. El 5129) — The project includes: • Demolition of the concrete pile -supported (elevated) access walkway and replacement with an extension of the rock breakwater. • Replacement of the concrete cap/walkway along the rock breakwater • Replacement of electrical line/lights • Replacement of trash receptacles and signage • Replacement of steps between beach and breakwater • Replacement of the fish -cleaning station 2. SCOPE OF SERVICES The NE hereby agrees to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E 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", 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 Director of Engineering Services. NE 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 Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Director of Engineering Services. 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 Contract for Professional Services Page 1 of 7 K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKS1E15129 - BREAKWATER AT MCGEE BEACHI1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX The Director of Engineering Services may direct the NE 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. NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the NE a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $19,900.00 Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY A/E 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 and/or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by A/E or its agent, A/E under contract or another entity over which A/E 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 A/E, the A/E 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 A/E shall reimburse the City's reasonable attorney's fees in proportion to the A/E's liability. A/E must advise City in writing within 24 hours of any claim or demand against City or A/E known to A/E related to or arising out of A/E's activities under this Agreement. 6. INSURANCE 6.1 NE must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. NE must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 NE must furnish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance (COI) 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 Contract for Professional Services Page 2 of 7 K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKSIE15129 - BREAKWATER AT MCGEE BEACHI1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX a 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 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' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 /$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, NE must furnish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 Applicable for paid employees, NE must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and Contract for Professional Services Page 3 of 7 K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKS\E15129 - BREAKWATER AT MCGEE BEACHI1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX 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 A/E will be promptly met. An All States Endorsement shall be required if NE is not domiciled in the State of Texas. 6.5 A/E shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at NE'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 Tess than A- VII. A/E is required to provide City with renewal Certificates. 6.6 A/E 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. NE 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 A/E 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; 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, NE shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend NE'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 NE's failure to provide and maintain any insurance or policy endorsements to the extent and within the time Contract for Professional Services Page 4 of 7 K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKS1E15129 - BREAKWATER AT MCGEE BEACHI1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX herein required, the City shall have the right to order NE to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to NE hereunder until NE demonstrates compliance with the requirements hereof. 6.10 Nothing herein contained shall be construed as limiting in any way the extent to which NE may be held responsible for payments of damages to persons or property resulting from NE's or its subcontractor's performance of the work covered under this agreement. 6.11 It is agreed that A/E'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 Contracts Less than $50,000 - Insurance not required; however, if contract is amended to exceed $50,000, the above insurance requirements must be met. 7. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the NE at the address of record. In this event, the NE will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. 8. 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. 9. ASSIGNABILITY The NE 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 NE staff. If the NE 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 NE fee may be assigned in advance of receipt by the NE 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. 10.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 Contract for Professional Services Page 5 of 7 K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKSIE15129 - BREAKWATER AT MCGEE BEACHI1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E 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. 11. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. 12. STANDARD OF CARE Services provided by NE 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. CONFLICT OF INTEREST NE 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.com/government/city-secretary/conflict- disclosure/index. 14. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and NE 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 A/E. 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. 15. CONFLICT RESOLUTION BETWEEN DOCUMENTS A/E hereby agrees and acknowledges if anything contained in the NE -prepared Exhibit A, A/E's Scope of Services, or contained in any other document prepared by NE and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services Page 6 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E15129 - BREAKWATER AT MCGEE BEACH\1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. J. H. Edmonds, P.E. Date Arthur B. Colwell, P.E. Director of Engineering Services Vice President RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta Date City Secretary Date 555 N. Carancahua, Suite 1600 Corpus Christi, Texas 78401-0850 (361) 696-3300 Office »•24•IC Fund Name Accounting Unit Account No. Activity No. Account Category Amount Seawall Maint 3272-707 550950 E15129013272EXP 50950 $19,900.00 Total $19,900.00 Contract for Professional Services Page 7 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS \E15129 - BREAKWATER AT MCGEE BEACH\1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX hdf•inc,coni October 5, 2015 P111827 Mr. Jeff Edmonds, P.E., Director, Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 RE: PROPOSAL FOR DEVELOPMENT OF CURSORY -LEVEL BREAKWATER IMPROVEMENT CONCEPT AT MCGEE BEACH Dear Mr. Edmonds: Thank you for inviting HDR to submit this proposal for professional engineering services. Based on our recent correspondence, the City desires an updated concept assessment and opinion of probable construction cost (OPCC) for breakwater improvements at McGee Beach. An improvement concept and associated cost was previously developed by HDR in 2009; this concept was developed for funding consideration through the City's Seawall 4A Board. Having a local staff of experienced coastal and marine structural engineers, as well as familiarity with the project site, we feel well qualified to help. SCOPE OF SERVICES HDR proposes to provide the following services: • Participate in a kickoff meeting and project site visit with City staff. The purpose of the meeting and site visit will be to review project goals and observe the general condition of the existing breakwater and supporting amenities. • Review the previous project concept and OPCC developed by HDR in 2009. • Update the improvement concept for the breakwater, adjoining structures, and selected amenities. Anticipated improvements are as follows: Demolition of the concrete pile -supported (elevated) access walkway and replacement with an extension of the rock breakwater. - Replacement of the concrete cap/walkway along the rock breakwater. - Replacement of electrical Zine/lighting. - Replacement of trash receptacles and signage. - Replacement of steps between beach and breakwater. - Replacement of the fish -cleaning station. • Note that repairs and/or replacement of the concrete structure that supports the existing concession area and restrooms was not included in the previous (2009) improvement EXHIBIT "A" Page 1 of 3 Mr. Jeff Edmonds October 5, 2015 Page 2 concept. HDR will provide an assessment of the structure and, if replacement or repairs are recommended, develop a cursory -level improvement concept. • Develop an updated OPCC for the breakwater improvement concept and selected amenities. In addition, if replacement of the concrete structure that supports the existing concession area is determined to be necessary, develop OPCC for replacement structure (including concession structure and restrooms). • Provide a brief technical memorandum summarizing the results. ASSUMPTIONS AND LIMITATIONS HDR's proposal for the services and fee described herein is based on the following assumptions and limitations: 1. This effort will be limited to a desktop -level review and does not include detailed analysis, data collection, calculations, modeling, environmental and regulatory review, or other items that might typically be associated with detailed engineering or design. 2. OPCC will be conceptual -level. 3. Except for adding the concrete structure that supports the existing concession area, the project location and limits will be similar to those considered during the previous assessment completed by HDR in 2009. Improvements to the seawall, McGee Beach, and/or marina will not be included. FEE, DELIVERABLES, AND SCHEDULE HDR proposes to provide these services for a lump -sum fee of $19,900 as shown in the table below. We propose to provide these services in accordance with HDR's standard Terms and Conditions (attached to this letter). Any work outside the proposed Scope will be added, with authorization from the City, through a formal Scope Change Document and associated fee agreement. This proposal is valid for 45 days from the date of this letter. Task I Approximate Deliverables i Schedule of Completion Approximate Amount per Task Technical Breakwater Improvements Assessment Memorandum and 60 Days $19,900 OPCC Total Proposed Lump Sum Fee: $19,900 EXHIBIT "A" Page 2 of 3 Mr. Jeff Edmonds October 5, 2015 Page 3 Thank you again for considering us for this project. Please do not hesitate to contact Dan Heilman at 361-696-3344 if you have questions or require any additional information. Sincerely, HDR ENGINEERING, INC. p,..z.,,R.(4w,Q4,„. Daniel J. Heilman, P.E. ,.pd‘,-. Arthur B. Colwell, P.E. Project Manager Vice President/Managing Principal DJ H/j cm Cc: Jerry Shoemaker, P.E., City of Corpus Christi Shane Torno, P.E., City of Corpus Christi Carl Crull, P.E., HDR Attachments: HDR Engineering, Inc. Terms and Conditions for Professional Services EXHIBIT "A" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Com $o $o $o $o $o $o $o o% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED $ PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLQSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all , ersons or firms seeking to do business with the ' to • rovide the followin information. n� a .; _ See reverse si' e or ming " equireten Certifications and definitions. COMPANY NAME: HDR Engineering, Inc. P. 0. BOX: STREET ADDRESS: 555 N. Carancahua, Suite 1600 CITY: Corpus Christi ZIP: 78401 FIRM IS: I. Corporation 2. Partnership 3. Sole Owner 0 4, Association 5. Other DISCLOSURE QUESTIONS additional space is necessary, please use the reverse side of this page or attach separate sheet. State the names of each `employee" of the City, of Corpus Christi havingan "ownership interest" constituting3% or more of the ownershipin the above named "firm. ' NameyA Job Title and City Department (if known) State thenames 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 State the names of each "board member" of theCity of Corpus Christi having an "ownership interest"constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on anymatter related to the subject of this contract' interest" o and has an ownership constituting 3 �o or more of the ownership in the above named "firm." Name Consultant 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 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: Arthur B. Colwell, P. E. (Type or Print) 114,certityin` g DEFINITIONS Title: Vice President Vii.. 44•71/5 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. Corpus Chr "40 Corpus Programs McGee Beach Breakwater Improvements Development of Cursory Level Improvement Concept Council Presentation January 12, 2016 Project Location cfo Corpus Chr sti Capital Programs Project Scope cfo Corpus Chr sti Capital Programs This agreement includes: • An updated concept assessment • An opinion of probable cost The project scope for study/consideration includes: • Demolition of the concrete pile -supported (elevated) access walkway and replacement with an extension of the rock breakwater. • Replacement of the concrete cap/walkway along the rock breakwater • Replacement of electrical line/lights • Replacement of trash receptacles and signage • Replacement of steps between beach and breakwater • Replacement of the fish -cleaning station Project Schedule cfo Corpus Chr sti Capital Programs 2016 January Award February March Assessment / Study Project Estimate: 60 Calendar Days 2 Months Projected Schedule reflects City Council award in January 2016 with anticipated completion in March 2016. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 12, 2016 Second Reading Ordinance for the City Council Meeting of January 19, 2016 DATE: January 14, 2016 (updated memo) TO: Ronald L. Olson, City Manager FROM: Susan K. Thorpe, Assistant City Manager Ordinance amending Article II Unlawful Solicitation of the Corpus Christi Code of Ordinances CAPTION: Adopting an Ordinance amending Article II Unlawful Solicitation of the Corpus Christi Code of Ordinance to prohibit solicitation in the Central Business District, North Beach and on private property without permission; prohibiting solicitation within 25 feet of an ATM, bank, public transportation stop or outdoor dining area; Providing for severance, publication, penalty; and an effective date. PURPOSE: Numerous businesses and tourist facilities in the Central Business District (downtown and uptown) and North Beach have reached out to the City over the past several months regarding worsening safety and nuisance activities in their areas. They have requested the City to take stronger action against increasing levels of panhandling and aggressive behavior. In response, City staff have drafted a proposed ordinance to address the issues, particularly in the high tourism areas of the Central Business District and North Beach. We sought input from a number of groups regarding the proposed changes. These included the Downtown Management District, Uptown Neighborhood Initiative, North Beach Community Association, SEA District, Clergy Alliance, and Homeless Issues Partnership Board. The Clergy Alliance did not support changes and preferred keeping the aggressive panhandling provisions currently in place. All other groups were overwhelmingly in favor of the proposed changes. BACKGROUND AND FINDINGS: It is the community's desire to eliminate the need for panhandling by providing appropriate assistance to individuals in need. Homeless service providers and the Clergy Alliance have indicated they are willing to conduct outreach to those panhandling to identify and address their needs for social services. The Clergy Alliance indicated it is willing to empower those adversely impacted by panhandlers (i.e., business owners throughout the community) with the interpersonal skills to engage and the ability to help the people panhandling to navigate available resources to address their needs The City is dedicated to encouraging economic development opportunities to create jobs and meaningful work for those struggling to make ends meet. City staff have been actively working on several positive alternatives to panhandling including: • installing specially marked parking meters so people can donate to homeless shelters • working with local fast food chains for food vouchers to give to panhandlers instead of money, • installing "Keep the Change" signs to encourage people to give to charities rather than panhandlers, • creating a Public Service Announcement (PSA) about what panhandlers use the money for — currently airing on City's TV channel, • Working with the Homeless Issues Partnership to create a handout with phone numbers and addresses of free shelter and services for those in need. The proposed revisions to the City's solicitation ordinance will: • ban any type of panhandling completely in the Central Business District (uptown and downtown) and North Beach • ban panhandling on private property without the owner's consent • ban panhandling within 25 feet of ATMs, entrances to financial institutions, bus stops and outdoor seating areas of restaurants. The existing ban on "aggressive panhandling" will continue to apply to all other areas of the City. ALTERNATIVES: Leave the ordinance as is. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. This action is in alignment with the Homeless Solutions Vision and Strategies, adopted by City Council on August 18, 2015. Strategy #1 includes: 1. Advocate for the City to: • enforce existing ordinances more vigorously and enact additional Quality of Life ordinances as needed to limit or prohibit loitering, panhandling, vagrant behaviors or illegal activity. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: 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 0 0 Encumbered / Expended Amount 0 0 This item 0 0 BALANCE 0 0 Fund(s): Crime Control and Prevention District Comments: RECOMMENDATION: Staff recommends adopting the Ordinance amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Petition from North Beach Community Association Homeless Solutions Vision and Strategies Ordinance Amending Article II Unlawful Solicitation of the Corpus Christi Code of Ordinance to prohibit solicitation in the Central Business District, North Beach and on private property without permission; prohibiting solicitation within 25 feet of an ATM, bank, public transportation stop or outdoor dining area; Providing for severance, publication, penalty; and an effective date. Whereas, the City recognizes there are citizens in the community in need of food, shelter and social services; Whereas, panhandling is not the best way for individuals to achieve lasting assistance, support or shelter; Whereas, it is the community's desire to eliminate the need for panhandling by providing appropriate assistance to individuals in need; Whereas, tourism is important to the economy for the Central Business District and North Beach area; Whereas, the City Council finds and determines that solicitation (including panhandling) is detrimental to tourism and the significant revitalization efforts underway in the Central Business District and North Beach; Whereas, the Homeless Issues Partnership and the members of the faith community have indicated they are willing to conduct outreach to those panhandling to identify and address their needs for social services; Whereas, the members of the faith community are willing to empower those adversely impacted by panhandlers (i.e., business owners throughout the community) with the interpersonal skills to engage and the ability to help the people panhandling to navigate available resources to address their needs; Whereas, the City is actively working to identify alternatives to panhandling, including food vouchers that Police Officers and interested citizens can give to panhandlers instead of money; Whereas, the City Police Department is installing special parking meters for interested individuals to donate money to homeless shelters to help those previously panhandling; Whereas, the City is dedicated to encouraging economic development opportunities to create jobs and meaningful work for those struggling to make ends meet; Page 1 Whereas, City Council finds it necessary to utilize the City's police power to protect the well-being and tranquility of a community within constitutional limitations; Whereas, City Council finds that solicitation is commercial speech; Whereas, City Council finds it necessary to regulate commercial activity to accomplish the following purposes: (1) the prevention of fraud, (2) the prevention of crime, and (3) the protection of resident's privacy; Whereas, City Council finds it necessary to regulate solicitation of funds related solely to the economic interests of the speaker and its audience that do not involve persuasive speech seeking support for particular causes or for particular views on economic, political, or social issues; Whereas, City Council finds soliciting that is conducted using the dissemination of information that is false, deceptive, or misleading is an act that is disreputable worthy of prohibition; Whereas, City Council finds solicitation in certain areas creates a threat to public safety; and Whereas, City Council finds it necessary to eliminate nuisance activity associated with the solicitation of funds. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 38, Article 11 Unlawful Solicitation, Section 40 Definitions, is amended as follows: Sec. 38-40. - Definitions. As used in this article, the following terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning: (1) Aggressive panhandling means any of the following acts: a. Making any physical contact with or touching the solicitee in the course of the solicitation without the solicitee's consent. b. Following a solicitee, if that conduct is: 1. Likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the solicitee's possession; or 2. Reasonably likely to intimidate the solicitee into responding affirmatively to the solicitation. Page 2 c. Continuing to solicit after the solicitee has made a negative response to a solicitation, but does not include a request for reconsideration of the denial of a request for a commercial or consumer loan under normal business terms. d. Blocking the safe or free passage of a solicitee or requiring the solicitee, or the driver of a vehicle to take evasive action to avoid physical contact with the solicitor. e. Using obscene or abusive language or gestures toward the solicitee. f. Approaching the solicitee in a manner that: 1. Is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the solicitee's possession; or 2. Is reasonably likely to intimidate the solicitee into responding affirmatively to the solicitation. (2) Central Business District as defined in Chapter 4 of the Corpus Christi Code. (3) (2) Charitable purpose means any purpose, whether actual or purported, which an ordinary citizen reasonably could classify as charitable, benevolent, philanthropic, patriotic, religious, social service, welfare, educational, eleemosynary, cultural, artistic, or for a public service or association of public servants. (4) (3) Charitable organization means any person who engages in, or purports to engage in solicitation for a charitable purpose and includes a chapter, branch, area office, or similar affiliate or any person soliciting contributions within the city for a parent charitable organization, but does not include an organization whose primary purpose is supporting or opposing any candidate for elective office, or influencing the nomination for election or the election of any candidate for elective office. (5) North Beach means the peninsula found north of the Corpus Christi Harbor Bridge within the City limits. (6) (11) Person means any individual, organization, group, firm, association, partnership, corporation, company, trust or joint stock association, church, religious sect, religious denomination, society, or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof. (7) {5) Professional fundraiser means any person who for financial compensation or profit performs for a charitable organization service in connection with which contributions are, or will be, solicited in this city by the compensated person or by any compensated person the person employs, procures, or engages to solicit; or any person who for compensation or profit plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in this city of contributions for a charitable organization. No investment adviser, investment adviser representative, broker-dealer, or lawyer, accountant, or banker who Page 3 advises a person to make a charitable contribution or who provides legal, accounting or financial advice in the ordinary course of a profession or business shall be deemed, as a result of the advice, to be a professional fundraiser. A bona fide salaried officer, employee, or uncompensated volunteer of a charitable organization is not a professional fundraiser. (8) {6-) Public place means an area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking lot, parking meter, alleyway, pedestrian way, or the common area of a school, hospital, apartment house, office building, bus, bus station, bus stop, bank, restaurant, or business establishment. (9) {7) Response means any reply or imperative instruction by a solicitee to a solicitor, the solicitee has been solicited or approached by the solicitor, whether verbal or non-verbal, to stop the solicitation, including, but not limited to, the use of gestures or words such as "no," "not today," "stop," "back off," "stay back," "get away," "leave me alone," or "withdraw." (10) {-8-) Solicit funds or solicitation of funds means to ask, beg, solicit, or plead, whether orally or in a written or printed manner, for the purpose of receiving money or items of value. any request for the donation of money, property, or anything of value, or the pledge of a futurc donation of money, property, or OM Mk e e personal, tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to 1111 alb • herein defined. Expressly excluded from the meaning o "solicit funds" or subdivision. (11) (9) Solicitee means any individual to whom a solicitor directs a solicitation. (12) (-1-0-) Solicitor means any person who engages in the act of solicitation. (Ord. No. 030237, § 6, 7-29-2014) SECTION 2. Chapter 38, Section 43 Solicitation prohibited is created as follows: 38-43 Solicitation prohibited (a) A person commits an offense if they solicit funds or receive funds in relation to a solicitation on a public roadway or sidewalk located within any of the following: (1) Central Business District; or (2) North Beach; Page 4 (b) A person commits an offense if they solicit funds on private property. (1) It is an affirmative defense to prosecution under this subsection if the solicitation of funds was being conducted on property with permission of the owner, manager, or other person in control of the property. (c) A person commits an offense if they solicit funds within 25 feet of: (1) an automated teller machine; (2) an entrance or exit of a bank, credit union, or other similar financial institution; (3) a public transportation stop; or (4) an outdoor dining area of a fixed food establishment. (d) It is a defense to prosecution under this section that the person solicited or received funds for a non-commercial purpose while exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, or the right of assembly. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. For it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 6. This ordinance takes effect after official publication. Page 5 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 Page 6 Ordinance Amending Article II Unlawful Solicitation of the Corpus Christi Code of Ordinance to prohibit solicitation in the Central Business District, North Beach and on private property without permission; prohibiting solicitation within 25 feet of an ATM, bank, public transportation stop or outdoor dining area; Providing for severance, publication, penalty; and an effective date. Whereas, the City recognizes there are citizens in the community in need of food, shelter and social services; Whereas, panhandling is not the best way for individuals to achieve lasting assistance, support or shelter; Whereas, it is the community's desire to eliminate the need for panhandling by providing appropriate assistance to individuals in need; Whereas, tourism is important to the economy for the Central Business District and North Beach area; Whereas, the City Council finds and determines that solicitation (including panhandling) is detrimental to tourism and the significant revitalization efforts underway in the Central Business District and North Beach; Whereas, the Homeless Issues Partnership and the members of the faith community have indicated they are willing to conduct outreach to those panhandling to identify and address their needs for social services; Whereas, the members of the faith community are willing to empower those adversely impacted by panhandlers (i.e., business owners throughout the community) with the interpersonal skills to engage and the ability to help the people panhandling to navigate available resources to address their needs; Whereas, the City is actively working to identify alternatives to panhandling, including food vouchers that Police Officers and interested citizens can give to panhandlers instead of money; Whereas, the City Police Department is installing special parking meters for interested individuals to donate money to homeless shelters to help those previously panhandling; Whereas, the City is dedicated to encouraging economic development opportunities to create jobs and meaningful work for those struggling to make ends meet; Page 1 Whereas, City Council finds it necessary to utilize the City's police power to protect the well-being and tranquility of a community within constitutional limitations; Whereas, City Council finds that solicitation is commercial speech; Whereas, City Council finds it necessary to regulate commercial activity to accomplish the following purposes: (1) the prevention of fraud, (2) the prevention of crime, and (3) the protection of resident's privacy; Whereas, City Council finds it necessary to regulate solicitation of funds related solely to the economic interests of the speaker and its audience that do not involve persuasive speech seeking support for particular causes or for particular views on economic, political, or social issues; Whereas, City Council finds soliciting that is conducted using the dissemination of information that is false, deceptive, or misleading is an act that is disreputable worthy of prohibition; Whereas, City Council finds solicitation in certain areas creates a threat to public safety; and Whereas, City Council finds it necessary to eliminate nuisance activity associated with the solicitation of funds. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 38, Article 11 Unlawful Solicitation, Section 40 Definitions, is amended as follows: Sec. 38-40. - Definitions. As used in this article, the following terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning: (1) Aggressive panhandling means any of the following acts: a. Making any physical contact with or touching the solicitee in the course of the solicitation without the solicitee's consent. b. Following a solicitee, if that conduct is: 1. Likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the solicitee's possession; or 2. Reasonably likely to intimidate the solicitee into responding affirmatively to the solicitation. Page 2 c. Continuing to solicit after the solicitee has made a negative response to a solicitation, but does not include a request for reconsideration of the denial of a request for a commercial or consumer loan under normal business terms. d. Blocking the safe or free passage of a solicitee or requiring the solicitee, or the driver of a vehicle to take evasive action to avoid physical contact with the solicitor. e. Using obscene or abusive language or gestures toward the solicitee. f. Approaching the solicitee in a manner that: 1. Is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the solicitee's possession; or 2. Is reasonably likely to intimidate the solicitee into responding affirmatively to the solicitation. (2) Central Business District as defined in Chapter 4 of the Corpus Christi Code. (3) (2) Charitable purpose means any purpose, whether actual or purported, which an ordinary citizen reasonably could classify as charitable, benevolent, philanthropic, patriotic, religious, social service, welfare, educational, eleemosynary, cultural, artistic, or for a public service or association of public servants. (4) (3) Charitable organization means any person who engages in, or purports to engage in solicitation for a charitable purpose and includes a chapter, branch, area office, or similar affiliate or any person soliciting contributions within the city for a parent charitable organization, but does not include an organization whose primary purpose is supporting or opposing any candidate for elective office, or influencing the nomination for election or the election of any candidate for elective office. (5) North Beach means the peninsula found north of the Corpus Christi Harbor Bridge within the City limits. (6) (11) Person means any individual, organization, group, firm, association, partnership, corporation, company, trust or joint stock association, church, religious sect, religious denomination, society, or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof. (7) {5) Professional fundraiser means any person who for financial compensation or profit performs for a charitable organization service in connection with which contributions are, or will be, solicited in this city by the compensated person or by any compensated person the person employs, procures, or engages to solicit; or any person who for compensation or profit plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in this city of contributions for a charitable organization. No investment adviser, investment adviser representative, broker-dealer, or lawyer, accountant, or banker who Page 3 advises a person to make a charitable contribution or who provides legal, accounting or financial advice in the ordinary course of a profession or business shall be deemed, as a result of the advice, to be a professional fundraiser. A bona fide salaried officer, employee, or uncompensated volunteer of a charitable organization is not a professional fundraiser. (8) {6-) Public place means an area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking lot, parking meter, alleyway, pedestrian way, or the common area of a school, hospital, apartment house, office building, bus, bus station, bus stop, bank, restaurant, or business establishment. (9) {7) Response means any reply or imperative instruction by a solicitee to a solicitor, the solicitee has been solicited or approached by the solicitor, whether verbal or non-verbal, to stop the solicitation, including, but not limited to, the use of gestures or words such as "no," "not today," "stop," "back off," "stay back," "get away," "leave me alone," or "withdraw." (10) {-8-) Solicit funds or solicitation of funds means to ask, beg, solicit, or plead, whether orally or in a written or printed manner, for the purpose of receiving money or items of value. any request for the donation of money, property, or anything of value, or the pledge of a futurc donation of money, property, or OM Mk e e personal, tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to 1111 alb • herein defined. Expressly excluded from the meaning o "solicit funds" or subdivision. (11) (9) Solicitee means any individual to whom a solicitor directs a solicitation. (12) (-1-0-) Solicitor means any person who engages in the act of solicitation. (Ord. No. 030237, § 6, 7-29-2014) SECTION 2. Chapter 38, Section 43 Solicitation prohibited is created as follows: 38-43 Solicitation prohibited (a) A person commits an offense if they solicit funds or receive funds in relation to a solicitation on a public roadway or sidewalk located within any of the following: (1) Central Business District; or (2) North Beach; Page 4 (b) A person commits an offense if they solicit funds on private property. (1) It is an affirmative defense to prosecution under this subsection if the solicitation of funds was being conducted on property with permission of the owner, manager, or other person in control of the property. (c) A person commits an offense if they solicit funds within 25 feet of: (1) an automated teller machine; (2) an entrance or exit of a bank, credit union, or other similar financial institution; (3) a public transportation stop; or (4) an outdoor dining area of a fixed food establishment. (d) It is a defense to prosecution under this section that the person solicited or received funds for a non-commercial purpose while exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, or the right of assembly. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. For it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 6. This ordinance takes effect after official publication 60 days after passage on second reading. Page 5 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 Page 6 Dec 15, 2015 To whom it may concern: During the North Beach Community Association Board of Directors meeting held on December 15, 2015, the supprt theme City'sispopciaiml. Panhandling Ordinance. The Board feels that people panhandling for money on the streets and sidewalks of our city, especially in our tourist areas, does not shine a good Tight on our city and does not result in a good quality of life for the people who are panhandling. Theauerd supports the city's efforts to not allow people to panhandle and, instead, to actively work to find homes or shelters for the people living on our streets. Thank you, NBCA Board of Directors Carrie Robertson Meyer NORTH BEACH COMMUNITY ASSOCIATION 2.t _° ez)4_51_ 1-1 lir CD r) --- NBCA President ~'S Carriaretlex- 16m l -R -2.-Z 23610 &$4 417 dre-1/ La 36Z esqiciieVe. qQALek 4ve,4 kaitez lactia_ 49 .90S f1Ai irK £ida /1 40,-e.s- ki.50 MkiriOVAt, a ,• &A, 3 W,sg :J.�.. <{ 2 W Z 6-1vl izt. rt \-) 407 Z-15 North Beach Community Association PO Box 2361 • Corpus Christi, TX • 78403 Encouraging the development and preservation of North Beach and working to create a safe and environmentally sound neighborhood p+f -PcIUE,4tick_ AU I Do mi °g.1 j1 SSS/i-lr 5 264-1 kewit,47 116,05,- A04,PAA/La.' /, t/yr ""'JA. o 15 CA -FA c 3 15“3 Y . 1-4 (.re 4 r ,D, 71Q, City of Corpus Christi Homeless Solutions Vison and Strategies "Helping People to Help Themselves" Adopted by City Council Resolution, August 18, 2015 Vision: Corpus Christi is a community that addresses and prevents homelessness while enhancing the overall community's quality of life. We will achieve this vision working together through public/private partnerships. Homeless Solutions Strategies: 1. Advocate for the City to: • enforce existing ordinances more vigorously and enact additional Quality of Life ordinances as needed to limit or prohibit loitering, panhandling, vagrant behaviors or illegal activity. • develop appropriate zoning and other regulations regarding the location of facilities serving the homeless population. • make changes to City Hall property to enhance business image and public access to City services, while reducing opportunities for loitering, vagrant behaviors or illegal activity. • create pathways and incentives to increase the availability of affordable, accessible, integrated permanent housing. • concentrate City and federal funding toward achievement of the partnership's vision and strategies. 2. Support acquisition of a location for coordinated provision of support services through homeless service providers. The location of this service hub will be located away from Downtown/Uptown to facilitate integration of social services and promote revitalization of these areas. 3. Solicit new revenue streams to achieve the partnership's vision and strategies. 4. Educate the public regarding these strategies to reduce homelessness, showcasing stories of those who have successfully transitioned from homelessness into productive society. 5. Establish a Sobriety Center/Crisis Stabilization Center (operated by a healthcare organization) as a jail diversion program for individuals typically arrested for public intoxication or mental illness -related minor offenses. Secure support for this jail diversion program from City of Corpus Christi, Nueces County, Behavioral Health Center, Nueces County Hospital District, the Courts and other parties with a role, responsibility and/or interest in these functions and services. Corpus Christ. International Airport .r Warcli slar Chapman Ranch Doyle Porthwi Nueces BaY Ir'r, lee. id I-cles de e Bay Nth San Pedro Robstown Tierra Grande Petronila Chapman Ranch 7a • AGENDA MEMORANDUM Future Item for the City Council Meeting of January 12, 2016 Action Item for the City Council Meeting January 19, 2016 DATE: TO: October 20, 2015 Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 Jeff Edmonds, Director of Engineering JeffE@cctexas.com (361) 826-3851 Resolution for the acquisition of real property rights by eminent domain for the Island Gate Plaza Center Alternative Access Project CAPTION: A resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of a Right -of -Way and Temporary Construction Easement known as Parcel 3 for a street improvement project known as the Island Gate Plaza Center Alternative Access Project; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the easement interests in the property owned by Kimco Corpus Christi L.P.; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation described herein by a single record vote of the City Council. PURPOSE: This resolution will be required should it become necessary to proceed with eminent domain proceedings in order to acquire the remaining easement needed for this street project. Council must first determine that a public use and necessity exists for the project and then must delegate its authority to use the power of eminent domain to the City Manager. Eminent domain proceedings will be necessary only if the City and the landowner cannot reach an agreement on the value of the parcel and any damage to the remaining property or if the landowner refuses to sell regardless of price. The resolution also authorizes the City Manager or his designee to execute all real estate purchase contracts and instruments, provided that the amounts are within Council - approved project budgets. On September 1, 2011, Texas Senate Bill 18 also known as SB18, became effective which requires all entities with eminent domain authority to follow certain procedures prior to initiating eminent domain proceedings under Section §21.012 of the Texas Property Code. The new procedures are more restrictive on the condemning authorities and stipulate certain requirements. One of them is the requirement of a vote on the use of eminent domain by a governmental entity under Section 2206.052 of the Texas Government Code. This resolution is in the form required under Senate Bill 18 and other state law requirements. Staff requests Council to adopt and approve the resolution as presented BACKGROUND AND FINDINGS: The Island Gate Plaza Center is a highly developed commercial area located at the southwest corner of Everhart Road and South Padre Island Drive (SPID). Major tenants include Michaels, Best Buy, Ross, Shoe Carnival and Bed Bath & Beyond. Access to the center is currently provided via three driveways located on SPID frontage road and one driveway on Everhart Road. Access to this center from the frontage road is limited to eastbound traffic since the frontage road is one-way eastbound. Access is further complicated by traffic exiting from the SPID main lanes on the Everhart Road off ramp. The traffic volume and weaving movements make this area dangerous for vehicular traffic and difficult for entry into the Center. Access from Everhart Road is limited to southbound traffic and northbound left turns are prohibited by traffic delineators during weekends and holidays, this situation is greatly compounded by higher traffic counts. A previous study performed by HDR Engineering as part of the Traffic Congestion Projects for the City determined that it would be beneficial to construct an access street from Corona Drive to the back of the Island Gate Plaza Center. This rear access way would serve as a multi-purpose traffic solution to: 1) relieve traffic congestion and stacking on the SPID frontage road caused by exiting from the strip center at its SPID driveways; 2) prevent south bound traffic stacking on Everhart Road caused by traffic existing the strip center; and 3) provide an auxiliary access to the rear of the center from Corona which would relieve ingress problems from the other entrances. The new access street will be marked by the City with a traffic control sign at the Corona entrance to identify and facilitate the new entrance for motorists. The access street will be constructed in conjunction with the Corona Drive Street Improvement Project (Bond 2014). The proposed 25 foot wide access street will include a two lanes, with curb, gutter, and 5 -foot pedestrian sidewalk to the rear corner of the strip center. City staff has acquired two of the three parcels required. City staff made an offer of just compensation to the landowner, Kimco Realty, in the amount of $20,500 based on a real estate appraisal obtained by the City. The landowner rejected the City's offer due to concerns of excessive traffic and other safety issues. After further negotiations and discussions on the owner's issues, a subsequent and final offer was made in the amount of $27,800 based on new land sales data. The final offer has not been accepted nor have they provided any counter offer. The landowner has been given written notification of the upcoming Corona Drive street project along with the required Texas Landowner Bill of Rights. The City's offer will remain valid until such time eminent domain proceedings are filed in a court of law. ALTERNATIVES: No alternatives are available for a governmental entity to be able to use of its power of eminent domain. Under Texas law, Council must adopt a resolution at a public meeting by record vote delegating its authority. . OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The resolution conforms to the City Charter, Code of Ordinances, Article X, General Powers and Provisions, Section 1. The resolution conforms to Senate Bill 18 (SB18), Chapter 21 of the Property Code, and Chapter 2206.052 of the Government Code. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Department 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: Approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Council Exhibit Resolution Presentation I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS (1) DETERMINING THE PUBLIC NECESSITY AND PUBLIC USE FOR THE ACQUISITION OF A RIGHT-OF-WAY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT, COLLECTIVELY KNOWN AS PARCEL 3, FOR A STREET IMPROVEMENT PROJECT KNOWN AS THE ISLAND GATE PLAZA CENTER ALTERNATIVE ACCESS PROJECT; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY TO ACQUIRE THE PROPERTY INTERESTS SUBJECT TO AVAILABILITY OF FUNDS APPROPRIATED FOR SUCH PURPOSES; (3) AUTHORIZING THE CITY MANAGER TO INSTITUTE CONDEMNATION BY EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE EASEMENT INTERESTS IN THE PROPERTY OWNED BY KIMCO CORPUS CHRISTI L.P.; (4) AUTHORIZING PAYMENT PURSUANT TO AN AWARD BY SPECIAL COMMISSIONERS; (5) AUTHORIZING ACCEPTANCE AND RECORDING OF APPROPRIATE LEGAL INSTRUMENTS; AND (6) APPROVING CONDEMNATION FOR ALL UNITS OF PROPERTY TO BE ACQUIRED BY CONDEMNATION OF THE PARCEL DESCRIBED HEREIN BY A SINGLE RECORD VOTE OF THE CITY COUNCIL. WHEREAS, the City of Corpus Christi is in need of a Right -of -Way Easement and Temporary Construction Easement collectively known as Parcel 3, described herein for the purposes of constructing an alternative access way and other street related improvements from Corona Drive to the rear of Island Gate Plaza, WHEREAS, in accordance with the Texas Property Code, the Landowner's Bill of Rights, have been provided to the landowner; and, WHEREAS, in accordance with Section 2206.053 of the Texas Government Code, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of the City Council, (with no Councilmember objecting to adoption by single resolution for all units of property for which condemnation proceedings are to be initiated), the City Council has determined to utilize its constitutional and statutory authority to exercise its authority for eminent domain in accordance with State law; and, WHEREAS, the Right -of -Way and Temporary Construction Easements are necessary to advance the public uses recited herein; and, WHEREAS, Texas Government Code Section 2206.053 (f) provides that if a project for a public use will require a governmental entity to acquire multiple tracts or units of property to construct facilities connecting one location to another location, the governing body of the governmental entity may adopt a single ordinance, resolution, or order by record vote that delegates the authority to initiate condemnation proceedings to the chief administrative official of the governmental entity; and, WHEREAS, based on an engineering study, the location of said alternative access and street related improvements optimizes the enhancement and adequacy of municipal streets; 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. Section 2. That the City Council of the City of Corpus Christi, Texas, hereby finds and determines that a public use and necessity exists for the welfare of the City and its citizens to construct the Island Gate Plaza Center Alternative Access Project, and it is in the public interest to acquire the Right -of -Way and Temporary Construction Easements collectively known as Parcel 3, as described by metes and bounds in Exhibit "A" and depicted in Exhibit "B," attached hereto and incorporated herein, for such public use; that such acquisition is solely for the public use and necessity of acquiring this uniquely situated land for providing improvements to its municipal street system. Section 3. That the City Manager, or designee, is hereby authorized on behalf of the City to take all steps necessary to acquire the easement interests for the Island Gate Plaza Center Alternative Access Project, including acceptance and recording of legal documents, all subject to availability of funds appropriated for such purposes. If such offer and an agreement as to damages and compensation cannot be reached, then the City Manager is delegated the authority to direct the City Attorney, or designee, to file or cause to be filed against Kimco Corpus Christi, L.P. and interested parties of the property, proceedings in eminent domain in accordance with State law to acquire the easement interests in the property. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised description, the City Attorney, or designee, is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. The City Manager or designee is authorized to issue payment pursuant to an award by Special Commissioners in the condemnation matter. Section 4. That the City Manager or designee is fully authorized to negotiate and make final offers, and to execute the contracts and instruments necessary to purchase and acquire all properties necessary and to pay for said properties provided the amounts paid are within the Council approved project budgets, all without requiring additional City Council consideration or approval. Section 5. That this resolution authorizing condemnation proceedings over the parcel of property described and depicted in Exhibits A and B, shall be approved by single record vote of the City Council. Section 6. That this Resolution shall take effect immediately from and after its passage and it is so resolved. Attest: City of Corpus Christi Rebecca Huerta, City Secretary Nelda Martinez, Mayor PASSED AND APPROVED, this the day 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 3 Exhibit "A" ISLAND GATE PLAZA ACCESS CITY PROJECT NO. 6284 PARCEL THREE PERMANENT EASEMENT Being all that part of Block CR, Levek Tract as recorded in Vol. 56, Pg 130, M.R.N.C.T., described as follows: Beginning at the southwesterly corner of Block CR, Thence N 29° -01'-00" E along the westerly line of Block CR, a distance of 57.00 feet; Thence S 60° -59'-00" E, a distance of 36.00 feet; Thence S 29° -01'-00" W a distance of 57.00 feet to a point on the southerly line of Block CR; Thence N 60° -59'-00" W along the southerly Zine of Block CR, a distance of 36.00 feet; to the point of beginning And containing 2,052 square feet more or less. TEMPORARY CONSTRUCTION EASEMENT Being all that part of Block CR, Levek Tract as recorded in Vol. 56, Pg 130, M.R.N.C.T., described as follows. Beginning at a point on the westerly line of Block CR N 29° -01'-00" E, a distance of 57.00 feet from the southwesterly corner of Block CR, Thence N 29° -01"-00" E along the westerly line of Block CR, a distance of 15.00 feet; Thence S 60° -59'-00" E, a distance of 51.00 feet; Thence S 29° -01'-00" W a distance of 72.00 feet to a point on the southerly line of Block CR; Thence N 60° -59'-00" W along the southerly line of Block CR, a distance of 15.00 feet; Thence N 29° -01'-00" E a distance of 57.00 feet Thence N 60° -59'-00" W a distance of 36.00 feet to the point of beginning And containing 1,620 square feet more or less, r fst.fJFWE ROBALCITA I. Y,/ 4 Exhibit "B" OWNER: PADRE ASSOCIATES C/0 TRESTER INTERESTS 33 KINGS HWY EAST HADDONFIELD, NJ 08003 MARKS TRACT LOT 6, BLOCK 2 VOL, 43, P. 135 M. R. N.C.T. / / / / / / / / / / / / / OS 00. 00 I ��p / LEVEK TRACT /,o,� BLOCK CR c/rV°I co / VOL. 56, P. 130 M.R.N.C.T. 15' WIDE TEMPORARY CONSTRUCTION EASEMENT /o/, / / C kOR� �\ / // e /' / LEVEK TRACT LOT 23, BLOCK D VOL. 41, P. 174-175 M.R.N.C.T. TOTAL PARCEL 591,315.22 SF TAKING 2052.00 REMAINDER 589,241.22 TEMP. CONST. ESMT. 1620.00 PARCEL NO. 3 SCALE: 1"=30' CITY OF CORPUS CHRISTI ISLAND GATE PLAZA PARCEL NO. 3 HDR PROJECT NUMBER: 86246 CITY PROJECT NO. 6284 DATE 10-17-2008 FIGURE 03 5 Michaels Best Buy c• `11K• { PARCEL 3 WPM PARCEL 1] Pa* Corona Dr. "'70= _ic-,.-7...21111111111Mniriiiii cobblealo,,p New. CATION MAPS NOT TO SCALE rys a,Fo irr MI, PROJECT: 6411 Island Gate Plaza Center Alternate Access Route CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 Island Gateway Plaza Center Alternate Access Route Corpus Chr"sti Engineering Council Presentation January 12, 2016 Project Location alk Corpus Chr sti Engineering 2 Project Location SOUTH PADRE ISLAND DRIVE Corpus Chr'sti Engineering Project Location Michaels Best Buy 3 Corona Dr. alk Corpus Chr sti Engineering 4 Location Issues Ct Corpus Chr sti Engineering • Access to the center is via 3 driveways on SPID frontage and 1 on Everhart Road • Frontage road is limited to one-way traffic and complicated by traffic exiting SPID by Everhart Road off -ramp • Traffic volume and weaving movements make area dangerous for vehicular traffic and limit entrance into center • Traffic volume greatly increases during rush hour, weekends, holidays • Access from Everhart Road limited to one-way traffic and traffic delineators prohibit northbound traffic • Traffic stacking along both streets results in unsafe driving conditions. • Access to the center via a new rear entrance would address safety concerns • Relieve traffic congestion and stacking on SPID frontage road and Everhart • Provide a new access from Corona Drive relieving ingress from other entry points. • Would compliment the Bond 2014 project Corona Drive from Flynn Parkway to Everhart Road. AGENDA MEMORANDUM First Reading Item for the City Council Meeting of January 19, 2016 Second Reading Item for the City Council Meeting of January 26, 2016 DATE: TO: December 30, 2015 Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director JayEII(a�cctexas.com 361-826-3464 2016 Fiesta de la Flor lease agreement CAPTION: Ordinance authorizing the City Manager or designee to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau ("CCCVB") for 2016 Fiesta de la Flor event and related activities to be held on May 6, 2016 and May 7, 2016, and allow use of City property including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street. PURPOSE: To approve date, location, and consideration for the 2016 Fiesta de la Flor event and related activities May 6 -7, 2016. BACKGROUND AND FINDINGS: Fiesta de la Flor - scheduled for May 6 - 7, 2016 - celebrates the second year of the festival dedicated to honoring the life and legacy of Corpus Christi's hometown icon, Selena Quintanilla Perez. Predominately a music festival, Fiesta de la Flor features Tejano, Norteno and Hispanic rock music stars. The expanded footprint for the 2016 festival allows for more artisan vendors, food trucks and increased seating space of attendees. Festival organizers anticipate increased attendance of 70,000 over both festival days. In 2015, the inaugural Fiesta de la Flor festivals attracted 52,000 attendees. Seventy-six percent of the attendees were from out of town and the festival generated an indirect economic impact of $13 million. The influx of visitors to Corpus Christi created 90.7% overall occupancy in hotels city-wide. Hoteliers enjoyed increased ADR (average daily rates) of over 30% compared to the same weekend in 2014. Attendees came from all over the globe — including Mexico, Brazil, Ecuador, Canada and more. ALTERNATIVES: Do not approve event agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements in conjunction with public events EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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 0 0 Encumbered / Expended Amount This item 0 0 BALANCE 0 0 Fund(s): General Comments: none RECOMMENDATION: Staff recommends approval of this agreement LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with Exhibits Ordinance authorizing the City Manager or designee to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau ("CCCVB") for 2016 Fiesta de la Flor event and related activities to be held on May 6, 2016 and May 7, 2016, and allow use of City property including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau to conduct the 2016 Fiesta de la Flor event and related activities. The Agreement allows use of City property including the Bayfront park located along Shoreline Blvd. between Power Street to Resaca Street through the end of Shoreline Blvd., and provides for CCCVB payment of fifty percent of costs for City services provided for the event. A copy of the Agreement is on file with the City Secretary. 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 Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor State of Texas § Page 1 of 17 LEASE AGREEMENT FOR FIESTA DE LA FLOR Know Ail By These Presents: County of Nueces § This short term Lease Agreement ("Lease Agreement") between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly designated City Manager, and the Corpus Christi Convention and Visitors Bureau. ("CCCVB"), a Texas non-profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings. A. City - means the City of Corpus Christi, a Texas home -rule municipality. B. City Attorney - means the City of Corpus Christi's City Attorney or designee. C. City Council — means the City Council of the City of Corpus Christi, Texas. D. City Manager - means the City of Corpus Christi's City Manager, or the City Manager's designee. E. City Secretary — means the City of Corpus Christi's City Secretary, or designee. F. CCCVB — means the Corpus Christi Convention and Visitors Bureau, a Texas non- profit corporation. G. CCCVB's Agent - means a duly authorized representative of the CCCVB. H. Corpus Christi - Nueces County Health District — means a joint entity between the City of Corpus Christi and Nueces County which provides health services to residents of both political subdivisions. 1 Event - means the Fiesta de la Flor events and related activities sponsored by the CCCVB, as described in Exhibit A. The Event dates are described in Exhibit B. J. Fire Chief — means the Chief of the City of Corpus Christi's Fire Department, or designee. K. Lease Agreement — means this document, as approved by the City Council and executed by the City Manager. L. Parks Director - means the Director of the City of Corpus Christi's Parks & Recreation Department, or designee. Page 2 of 17 M. Police Chief - means the Chief of the City of Corpus Christi's Police Department, or designee. N. Premises - means the City Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street. O. Risk Manager - means the Director of the City of Corpus Christi's Risk Management Division, or designee. P. Solid Waste Director — means the Director of the City of Corpus Christi's Solid Waste Operations Department. Q. Street Director — means the Director of the City of Corpus Christi's Street Operations. 2. TERM. This Lease Agreement takes effect upon execution by the City Manager. The CCCVB will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. PREMISES AND PERMITTED USES. City grants to the CCCVB the privilege of using the Bayfront Park located along Shoreline Blvd. between Power Street to Resaca Street through end of Shoreline Blvd. to conduct its Event. CCCVB agrees to contact SMG, the Art Museum of South Texas, the Port of Corpus Christi administrative offfices, and the Federal courthouse to coordinate traffic plans around the Event locations. 4. PREMISES REVISIONS. Construction along Shoreline or other unforeseen circumstances may impact and change the Premises (Exhibit C) and other parts of this lease. If Exhibit C is revised, new Exhibit C will be executed by the City Manager and CCCVB Agent and filed with the City Secretary and Parks Director, superseding the existing Exhibit C. New Exhibit C becomes effective upon date of last signature. 5. FINAL EVENT LAYOUT DIAGRAM. The CCCVB's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. PLANNING MEETINGS. Two months prior to this year's Event the Parks Director, Director of Street Operations and Police Chief will meet with CCCVB representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, the Premises will be reviewed with regard to the areas of set-up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether Exhibit C needs to be revised by the Parks Director and CCCVB. If revised, new Exhibit C will follow process in §4 PREMISES REVISIONS. CCCVB's Agent may request additional meetings. 7. ADMISSION FEE. CCCVB may charge an admission fee. Special Events connected with CCCVB may charge another fee to help defray the cost of entertainment. Page 3 of 17 8. CCCVB'S FINANCIAL OBLIGATIONS. A. Permit Fees. The CCCVB must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one-time Parks and Recreation Large Special Event Permit fee of $400.00, Health PermitNendor Fees, Development Services Permit Fees, Traffic Engineering cost recovery fee of $550 for changes to the Traffic Control plan, and Firework Permit Fee. B. Costs of City Services. City agrees to provide the following services at 50% of actual City costs. The current estimate for City services to be provided is as follows: 1) Parks and Recreation. Rental of Bayfront Park - $11,000.00 and fee for reservation rental of Water Gardens - $1600.00 2) Police. Security at Event on Friday: 19 officers for 6.5 hours = $7,485.88; Security at Event on Saturday: 22 officers x 12 hours = $16,002.21. Total estimate is $23,488.09. This does not include security for afterhours, or money security for the Event. 3) Police to provide traffic control at the points surrounding the Event as required by the CCPD to enforce the traffic control points on the plan: $22, 245.00. 4) Solid Waste Operations. Sweeping of downtown streets - $563.00, The Parks Director will invoice the CCCVB for costs of all City services, including but not limited to, services provided for the Event by City Utilities Department, City Solid Waste Operations Department, City Parks and Recreation Department, and City Police Department, and City Fire Department within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered. Upon receipt of written request of the CCCVB's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. CCCVB's failure to pay the undisputed charges on City's invoice within 30 days after submittal to CCCVB shall result in a late payment fee being assessed against CCCVB. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. C. Weather Considerations If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the CCCVB anticipated attendance levels, the City Manager is delegated the authority to adjust the billing of City's Costs. D. Deposit. The CCCVB must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pickup, removal of any structures, or repairs and damages Page 4 of 17 to City property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the CCCVB within 30 days after the Event. E. Reimbursement for Damages to City Property. During the course of the Event, damages may occur to City Property. This includes, but is not limited to, damages to the turf, landscaping, utility infrastructure, water and/irrigation lines and related equipment caused by acts or omissions of the CCCVB, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will give the CCCVB an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the CCCVB for any additional cost of repair. 1. Repairs to Premises. Parks Director will provide the CCCVB's Agent a Punchlist of damages to the City Property authorized for the Event, as defined in §3 PREMISES AND PERMITTED USES, within seven (7) days after the CCCVB has vacated the property, following the conclusion of the Event. CCCVB will have the opportunity to restore all items on the Punchlist to original condition within ten (10) days after receipt of the Punchlist. For any turf or sod damage, the CCCVB must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. if the CCCVB fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice the CCCVB for any additional costs. Damages to City property will be billed at the City's cost of repair. 2. Repairs to other City Property Within 30 days after the conclusion of the Event, the City will provide the CCCVB's Agent an itemized invoice for cost of repairs and damages, if any, on any other City property for the Event. If Deposit is not utilized for repairs to the Premises, any balance will be applied to the itemized invoice amount for the Event. CCCVB will pay City's invoice for damages, within 30 days after City tenders the invoice to CCCVB's Agent, less any amount(s) the CCCVB has disputed. 9. GENERAL PERMITS. CCCVB shall obtain necessary permits from City Departments, as outlined below. A. Special Event Permit. CCCVB will obtain a Special Event Permits from the Parks & Recreation Department for use of Park property and to authorize water services on Park property, as specified in the City Code of Ordinances. As part of the Special Event permit, a street closure process will govern any necessary street closures. CCCVB must provide the Street Director and Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure, in accordance with City Code of Ordinances. All temporary street closures on a temporary basis are subject to the requirements of City Code of Ordinances. B. Temporary Promotional Event Permit CCCVB will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical Page 5 of 17 service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the CCCVB to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. CCCVB may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. C. Vendor Permit. CCCVB must ensure all mobile food units and temporary food service establishments comply with all requirements of the Corpus Christi-Nueces County Health District for the sale of foods and the protection of the public welfare. CCCVB shall be responsible for payment of all City Health Permit Nendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) D. Alcohol Vendors. CCCVB must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage CCCVB for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the Corpus Christi - Nueces County Health District for the sale of foods and the protection of the public welfare. CCCVB shall be responsible for payment of all City Health Permit Nendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in §16 INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event, annually. E. Fireworks Permit. If Fireworks are being hosted, CCCVB must obtain Fireworks Permit from the Fire Department. Any requested use of City property for fireworks launch must be approved separately by written agreement of the City Manager, with concurrence from the third party operator of the City facility, the City director overseeing the City property, and also compliance with additional insurance requirements imposed by the City Risk Manager. F. Water Events. For any water events, CCCVB must obtain necessary permits from the United States Coast Guard. G.Additional Permits. CCCVB's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. H. Music and Movie Licenses. CCCVB is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music and display of movies at the Event. 10. ADDITIONAL PREMISES REQUIREMENTS Page 6 of 17 A. Barricades, Traffic Signs. The CCCVB must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. CCCVB shall contract with a third party company to implement traffic control plan provided by the City Traffic Engineering Department. Event setup will not begin without the protection of traffic control devices. B. Parking. The CCCVB will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities C. Signage and Advertising. CCCVB's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre -approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. D. Rest Rooms, Drinking Water and First Aid. The CCCVB must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A First Aid station must also be provided at each site throughout the duration of the Event and its related activities. E. Fence. CCCVB may provide a temporary six-foot (6') chain link fence around Event areas, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit C may be revised to enlarge or decrease the fenced area in accordance with the CCCVB's needs upon Parks Director's concurrence, as outlined in § 4, PREMISES REVISIONS. F. Storm Water System Protection. CCCVB must install screens, approved by City's Executive Director of Public Utilities, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. CCCVB must remove the screens within the non-exclusive use period after the close of the Event. However, CCCVB must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City's Executive Director of Public Utilities. G.Construction. The construction work for displays and stages must be conducted in accordance with City Building Codes and restrictions. Construction that causes damages will only be allowed if CCCVB provides the Parks Director prior written assurances that CCCVB will remedy said damages in accordance with §8 CCCVBS FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H. Temporary Buildings. CCCVB must receive prior written approval from the Parks Director to place arty Temporary Buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be Page 7 of 17 placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non-exclusive use time period. I. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Capital Programs, provided however, that no approval will be given if the work will require subsequent repairs by the City. J. Permissible Vendor Location Markings. No paint or semi-permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 11. CLEAN UP. CCCVB is responsible for trash pickup at the Event. CCCVB must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. CCCVB may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the CCCVB and taken to a location designated by the CCCVB. CCCVB may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give CCCVB's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers for reimbursement by CCCVB shall be pay. 12. RIGHT OF CCCVB TO USE PUBLIC STREETS. CCCVB acknowledges that the control and use of Public Streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council and the compliance by CCCVB with the terms and conditions contained within this Lease Agreement. 13. EMERGENCY VEHICLE LANES. CCCVB must at all times maintain Emergency Vehicle Lanes upon the Premises as may be designated by the Fire Chief. These lanes must be kept clear of all obstructions. 14. SECURITY. During Event hours, CCCVB agrees to utilize CCPD officers to provide security, to be coordinated through a CCPD -designated liaison. Costs for the CCPD officers are covered in §8 CCCVB FINANCIAL OBLIGATIONS, above.. However, the full costs for the liaison are to be invoiced separately to the CCCVB. CCCVB may provide additional security officers during the Event, and after the Event closes each night, until it opens the next day. CCCVB will assign the security officers duties. Page 8of17 If the City Police Chief determines it is necessary, the Police Chief will assign additional Police Officers to provide off-site crowd and traffic control for the Event beyond the boundaries of the Event and traffic control plans identified in this contract. The use of additional police officers will be billed at full cost and will be included in the final invoice. Event organizer will be informed if additional officers are needed. 15. SAFETY HAZARDS. The CCCVB, upon written notice of identified Safety Hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the Safety Hazard, within six hours or other time frame included in the written notice of Safety Hazards. 16. INSURANCE. CCCVB agrees to comply with attached insurance Exhibit D. In addition, CCCVB's Agent must furnish to the Risk Manager, Commercial General Liability Insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 per occurrence for personal injury, death and property damage. CCCVB is required to provide a $1,000,000 Combined Single Limit Automobile Liability Policy, providing coverage for owned, non -owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least two weeks prior to each Event. CCCVB must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the CCCVB's Events on Premises then Liquor Liability Insurance in the amount of $1,000,000 per occurrence must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. CCCVB must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period each year. CCCVB must require all volunteers to sign an accident waiver form that CCCVB must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, CCCVB must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, CCCVB must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non -renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to CCCVB. 17. INDEMNITY. CCCVB shall indemnify and hold City, its officers, agents and employees ("Indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of CCCVB Page 9of17 or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees (`Indemnitors") entering upon City property to set-up and take-down, hold, attend, or participate in the Fiesta de la nor event and associated activities, with the expressed or implied invitation or permission of CCCVB, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the indemnitors under this Agreement. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. CCCVB covenants and agrees that if City is made a party to any litigation against CCCVB or in any litigation commenced by any party, other than CCCVB relating to this CCCVB Lease Agreement, CCCVB shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. NOTICE. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 880-3461 FAX (361) 880-3864 If to CCCVB: Event Manager Corpus Christi CCCVB 101 N. Shoreline Blvd. Suite 430 Corpus Christi, TX 78401 19. ASSIGNMENT. CCCVB may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 20. BREACH, TERMINATION. Any failure on the part of CCCVB to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by CCCVB entitles City to terminate this Lease Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by CCCVB is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by CCCVB and the sums inure to the benefit of City as a set-off against any debt or liability of CCCVB to City otherwise accrued by breach hereof. Page 10 of 17 21. NOT PARTNERSHIP OR JOINT VENTURE. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from CCCVB by the City are compensation for provision of City services as described herein and for the right of CCCVB to use public property for the limited purpose described herein. 22. CITY SERVICES SUBJECT TO APPROPRIATION. The CCCVB recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 23. COMPLIANCE WITH LAWS. CCCVB must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at CCCVB's sole expense and cost. 24. NON-DISCRIMINATION. CCCVB warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 25. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and CCCVB for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to CCCVB's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager Approved as to form: By: Lisa Aguilar, AssiELthrit City Attorney For the City Attorney CORPUS`CHRISTI CONVENTION AND VISITORS BUREAU By: 1 + / Name: Title: Date: Page 11 of 17 Page 12 of 17 EXHIBIT A Description of Fiesta de la Flor and related activities Fiesta de la Flor - scheduled for May 6 - 7, 2016 - celebrates the second year of the festival dedicated to honoring the life and legacy of Corpus Christi's hometown icon, Selena Quintanilla Perez. Predominately a music festival, Fiesta de la Flor features an incredible line-up of Tejano, Norteno and Hispanic rock music stars (including the return of AB Quintanilla y los Kumbia Kings and Chris Perez for the 2016 festival). The expanded footprint for the 2016 festival allows for more artisan vendors, food trucks and increased seating space of attendees. With top-notch production values, high-quality tech, a stellar fireworks show and much more, the 2016 Fiesta de la Flor promises to be an even more transformative experience for Selena fans across the world! Fiesta de la Flor is proud to be a part of the McDonald's Fiesta Tour, which features a traveling tribute museum where guests view memorabilia displays of items worn by some of the most iconic Latin stars. In 2015, the inaugural Fiesta de la Flor festivals attracted 52,000 attendees. Seventy-six percent of the attendees were from out of town and the festival generated an indirect economic impact of $13 million. The influx of visitors to Corpus Christi created 901% overall occupancy in hotels city-wide. Hoteliers enjoyed increased ADR (average daily rates) of over 30% compared to the same weekend in 2014. Attendees came from all over the globe - including Mexico, Brazil, Ecuador, Canada and more. The expanded footprint affords for a larger attendance goal for 2016; festival organizers anticipate increased attendance of 70,000 over both festival days. Pre -sale tickets will be sold online via www.ticketfly.com at a $10 price point for each day. Festival organizers are working with their ticketing agents to provide a two-day ticket pass for $15. Pre -sale tickets will be available at Corpus Christi locations and locations throughout Texas. Tickets will be available at the gate, depending on availability. Fiesta de la Flor could not happen without it's valued community partners: the City of Corpus Christi's Parks and Recreation and Traffic Engineering Departments, CC Police Department, American Bank Center, the Corpus Christi Regional Transportation Authority and Nueces County. The Corpus Christi Convention and Visitors Bureau gratefully acknowledges the Quintanilla family for their continued support and partnership in the development and success of Fiesta de la Flor. Page 13 of 17 EXHIBIT B Dates of Fiesta de la Flor: Friday, May 6, 2016 and Saturday May 7, 2016 Set -Up: Tuesday, May 3, 2016, with traffic closures beginning on Wednesday, May 4, 2016 Take Down: Sunday, May 8, 2016, with some traffic control devices removed early morning Monday, May 9, 2016. EXHIBIT C Site Map and Description of City Property being Utilized a!LENA MOVIE P.OIRQUE KID ZONE Page 14 of 17 2016 N 0 1 P -410410 Wit IC M MA TA -+AD MC ISII:aCj P reArli 0. 'PO•PliPm 1 M1 IKOI 911 \\,,x I PAR i ITE Page 15 of 17 EXHIBIT D INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee (CCCVB) must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. 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 VOLUNTEER ACCIDENT COVERAGE $10,000 for Accident Death and Dismemberment $$5,000 for Medical Page 16 of 17 LIQUOR LIABILITY $1,000,000 Per Occurrence PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Lessee 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 Lessee or as requested by the City. Lessee 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: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • 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; Page 17 of 17 • 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this 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. 2014 Insurance Requirements Parks and Recreation Dept. Fiesta De La Flor Event 12/29/2014 ds Risk Management AGENDA MEMORANDUM Future Item for the City Council Meeting of January 19, 2016 Action Item for the City Council Meeting of January 26, 2016 DATE: January 5, 2016 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2604 Authorization to submit a grant application to the Texas Department of Transportation for FY2017 Speed, Distracted Driving, and Driving While Intoxicated overtime enforcement grant CAPTION: Resolution authorizing the City Manager or designee to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of $120,482.80 for the 2017 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Speed, Distracted Driving, and Driving While Intoxicated (DWI) overtime enforcement, with a city match of $42,158.03, for a total project cost of $162,640.83, and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant. PURPOSE: Grant applications providing a city match must be approved by City Council. BACKGROUND AND FINDINGS: Funding is available from TXDOT for a Speed, Distracted Driving, and DWI enforcement overtime grant in the Police Department for 2017. Officers will be working on an overtime basis with the City providing $25,158.03 fringe benefits and $17,000 for mileage. Enforcement will be City wide with varied days of the week and hours of operation. 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: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 42,158.03 42,158.03 Encumbered / Expended Amount This item 42,158.03 42,158.03 BALANCE -0- -0- Fund(s): Police Grants Fund, Police General Fund Comments: RECOMMENDATION: Staff recommends applying for the grant. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the City Manager or designee to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of $120,482.80 for the 2017 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Speed, Distracted Driving, and Driving While Intoxicated (DWI) overtime enforcement, with a city match of $42,158.03, for a total project cost of $162,640.83, and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or the City Manager's designee is authorized to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of $120,482.80 for the 2017 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Speed, Distracted Driving, and Driving While Intoxicated (DWI) overtime enforcement, with a city match of $42,158.03, for a total project cost of $162,640.83, and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant. SECTION 2. The City Manager or the City Manager's designee may accept, reject, agree to alter the terms and conditions, or terminate the grant, if said grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Transportation. 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 Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott AGENDA MEMORANDUM Future Item for the City Council Meeting of January 19, 2016 Action Item for the City Council Meeting of January 26, 2016 DATE: January 12, 2016 TO: Ronald L. Olson, City Manager FROM: Mike Markle MikeMa@cctexas.com (361) 886-2601 Maria Pedraza, Procurement Manager MariaP©cctexas.com (361) 826-3176 Police Department Custom Consoles and Components CAPTION: Resolution authorizing the City Manager, or designee, to purchase custom-made consoles and components for police vehicles from Plastix Plus, LLC, of Houston, Texas, for a total cost of $57,930.56. Funding is available in the Fleet Maintenance Services Funds FY 2015-2016. PURPOSE: To equip the new police vehicles with the compatible custom consoles and components. BACKGROUND AND FINDINGS: Due to the change in the make and model of the new patrol cars the old consoles won't fit. These consoles and components hold all of the warning and emergency equipment controllers along with the computer. Since the Ford Crown Victoria was discontinued and manufacturers are changing body styles it is necessary to change certain equipment as vehicles change. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: The proposed purchase conforms to City purchasing policies and procedures. Plastix Plus, LLC. is the sole source procurement and is necessary to preserve and protect the public's safety according to Local Government code 252.022(a2) and (a7A). EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Corpus Christi Police Department 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 $3,573,222.99 $0 $3,573,222.99 Encumbered / Expended Amount $1,130,829.18 $0 $1,130,829.18 This item $57,930.56 $0 $57,930.56 BALANCE $2,384,463.25 $2,384,463.25 Fund(s): Fleet Maintenance Comments: Not Applicable. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER:RUTH BROWN PRICE SHEET PURCHASE OF CUSTOM CONSOLES AND COMPONENTS ITEM DESCRIPTION QTY. UNIT Plastix Plus, LLC. Houston, Texas UNIT PRICE EXTENDED PRICE 1 2 3' 4 5. 6.Level 7 8.Level Center Console for 2015 and up Ford Interceptor "Shorty" Exringuisher box/bracket for extinguisher and flares with velcro strap Level III Single Drawer Poly Vault for Ford Interceptor CP -UV -Cargo MNT Rear cargo Floorwith gas strut support for Ford Interceptor SUV 2015-TAHCCPDSH 2015 Tahoe shorty Console III drawer poly vault 11" drawers and Simplex lock for Tahoe 2006 and up Command Drawers Module with 2 sided flip up white boards III 2 drawer poly vault 11" drawers and Simplex locks for Tahoe 2006 and up 39 36 5 5 2 1 1 1 each each each each each each each each $1,076.94 $80.00 $922.50 $340.00 $1,201.20 $1,980.00 $375.00 $1,980.00 $42,000.66 $2,880.00 $4,612.50 $1,700.00 $2,402.40 $1,980.00 $375.00 $1,980.00 TOTAL $57,930.56 Resolution authorizing the City Manager, or designee, to purchase custom-made consoles and components for police vehicles from Plastix Plus, LLC, of Houston, Texas, for a total cost of $57,930.56. WHEREAS, new police patrol cars need consoles and components; WHEREAS, old consoles from police patrol vehicles cannot be transferred to new patrol vehicles due to changes in the make and model of the new patrol cars and must be custom-made for the newer vehicles; 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 Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the municipality's residents; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source due to special processes or patents. 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 purchase custom consoles and components for police vehicles from Plastix Plus, LLC, for a total cost of $57,930.56. 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 Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Page 2 of 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 19, 2016 Action Item for the City Council Meeting of January 26, 2016 DATE: January 19, 2016 TO: Ronald L. Olson, City Manager FROM Mike Markle, Police Chief mikema@cctexas.com (361) 886-2601 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Purchase of Emergency Equipment for Patrol Vehicles CAPTION: Motion approving the purchase of emergency equipment for patrol vehicles from Cap Fleet Upfitters, Temple, Texas for a total amount of $186,126.59. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative. Funding is available in the Fleet Maintenance Services Fund FY 2015- 2016. PURPOSE: To approve the purchase of emergency equipment for patrol vehicles. BACKGROUND AND FINDINGS: This purchase is to equip new vehicles with emergency equipment such as light bars, prisoner cages, push bumpers and other emergency equipment required to outfit the vehicles. Due to the changing of make, model and year of the current vehicles some of the current equipment will not transfer. ALTERNATIVES: 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: Police Department and Fleet Maintenance 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 $3,573,222.99 $3,573,222.99 Encumbered / Expended Amount $1,316,955.77 $1,316,955.77 This item $186,126.59 $186,126.59 BALANCE $2,070,140.63 $2,070,140.63 Fund(s): Fleet Maintenance Service Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: JEANNETTE P. TIJERINA ITEM 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. DESCRIPTION Center section push bumper ultra armor coating Dual prisoner compartments, pro -cell prisoner transporter system, full partition (includes recessed panel) with officer safety belt system Vertex super -LED Split red/blue Lightbar strap kit #83 Dual T -rail mount 2 universal T -rail free standing kit 12-14 Interceptor Utility no locks Inner edge XLP 10 -LT Explorer Outer edge 6LT Micron Explorer Ion mirror beam Explorer R/B M4 LED flasher B/R M4 series black flange 48" WC legacy duo bar Monitor adapter plate assembly Safestop module 2015 PI Utility Liberty lens retrofit kit # 1 Push bumper - center section only - 2015 Chevy Tahoe Dual prisoner compartments, pro -cell prisoner transporter system, full partition includes recessed panel with outward seatbelt system Lightbar strap kit #93 Safestop module Solid state headlight flasher Shipping & Handling TOTAL: PRICE SHEET TLGPC CONTRACT NO. 432-13 EMERGENCY EQUIPMENT FOR PATROL VEHICLES QTY. 39 Cap Fleet Upfitters Temple, Texas UNIT each UNIT PRICE $309.00 EXTENDED PRICE 34 each $2,321.90 78 each $66.00 18 each $59.52 41 each $300.30 5 each $88.72 2 each $548.10 2 each $639.63 2 each $247.68 78 each $119.34 78 each $4.86 19 each $2,305.00 39 each $25.73 39 each $118.00 50 each $125.44 2 each $309.00 2 2 1 each $2,321.90 each $59.52 each $118.00 each $54.00 each $2,200.00 $12,051.00 $78,944.60 $5,148.00 $1,071.36 $12,312.30 $443.60 $1,096.20 $1,279.26 $495.36 $9,308.52 $379.08 $43,795.00 $1,003.47 $4,602.00 $6,272.00 $618.00 $4,643.80 $119.04 $236.00 $108.00 $2,200.00 $186,126.59 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 19, 2016 Action Item for the City Council Meeting of January 26, 2016 DATE: January 12, 2016 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Lease -Purchase of Rescue Pumper CAPTION: Motion approving the lease -purchase of one rescue pumper from Siddons-Martin Emergency Group, Houston, Texas for a total $669,253.20. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. Financing for the lease -purchase will be provided through the City's lease -purchase financing contractor. $22,308.44 for two months of payments will be encumbered through the end of FY 2015-2016. The remaining $646,994.76 for the fifty eight months of payments will be requested in future years during the normal budget process. PURPOSE: The rescue pumper will be used by the Fire Rescue Division of the Fire Department for emergency response services. BACKGROUND AND FINDINGS: This unit will replace an existing pumper unit, allowing Fire Rescue to maintain the current level of service in the community. This unit is a replacement to the fleet. Currently, the City operates 27 firefighting units in the fleet with 22 operating as front line units and 5 units placed in reserve status. The existing rescue pumper will replace one of the front line units which will likely be placed in reserve status. The existing reserve unit will be taken out of service and sold at public auction or transferred to another public agency. ALTERNATIVES: None. OTHER CONSIDERATIONS: Financing for the lease -purchase is based on a sixty -month term with an estimated interest rate of 2.50% for an annual payment of $133,850.64. The total estimated cost over the five-year period, including principal of $628,500.00 and interest of $40,753.20, is $669,253.20. 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: Fire Department 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 $743,025.40 $646,891.52 $1,389,916.92 Encumbered / Expended Amount $401,494.66 $0 $401,494.66 This item $22,308.44 $646,994.76 $669,253.20 BALANCE $319,169.06 $0 $319,169.06 Fund(s): General Fund Comments: N/A RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION ITEM 1. DESCRIPTION Pierce, Impel, Pumper, ISL9 450 hp, 500 gal Waterous 2000 - Saber 1250 GPM Pump, Water 200 Cu. Ft. PRICE SHEET LEASE -PURCHASE OF RESCUE PUMPER BuyBoard Contract No.: 491-15 QTY. UNIT Siddon-Martin Emergency Group Houston, Texas UNIT PRICE 1 LOT $628,500.00 EXTENDED PRICE $628,500.00 TOTAL $628,500.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 19, 2016 Action Item for the City Council Meeting of January 26, 2016 DATE: January 12, 2016 TO: Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director JayEll@cctexas.com 361-826-3464 Texas Parks and Wildlife Department Grant application for the Community Outreach Outdoor Program (CO-OP) CAPTION: Resolution authorizing the City Manager or designee to apply for a Texas Parks & Wildlife Community Outdoor Outreach Program (CO-OP) for Observing Science Outdoors (OSO) Summer Youth Program in the amount of $34,899. PURPOSE: The Texas Parks and Wildlife Department (TPWD) requires municipalities seeking funds under The Community Outdoor Outreach Program (CO-OP) to pass a resolution approving the City Manager or his designee to apply for and manage grant funds. BACKGROUND AND FINDINGS: The Community Outdoor Outreach Program (CO-OP) grant provides funding to local governments and non-profit organizations for programming that introduces under -served populations to environmental and conservation programs as well as TPWD mission -oriented outdoor activities. This grant program does not require matching funds, however the application will include a $12,760 match in budgeted staff salaries and operating funds (General Fund). The Corpus Christi Parks and Recreation Department is applying for $35,000 in grant funds from The Community Outdoor Outreach Program (CO-OP) to support summer youth programs at the Oso Bay Wetlands Preserve & Learning Center. Funds will be used to support a summer youth program. ALTERNATIVES: Do not approve the resolution. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: As per Financial Services Grants Policy and Procedures, City council must approve grant applications. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget (General Fund) $ 12,760 $ 12,760 Encumbered / Expended Amount This item (Grant Fund) $ 34,899 $ 34,899 BALANCE $ 47,659 $ 47,659 Fund(s): Parks and Recreation Grant Fund 1067; General Fund 1020 Comments: none RECOMMENDATION: Staff recommends approval of this resolution LIST OF SUPPORTING DOCUMENTS: Resolution Grant application and budget Resolution authorizing the City Manager or designee to apply for a Texas Parks & Wildlife Community Outdoor Outreach Program (CO- OP) for Observing Science Outdoors (OSO) Summer Youth Program in the amount of $34,899. Whereas, the City of Corpus Christi, as hereinafter referred to as "Applicant", submits this Resolution to the Texas Parks and Wildlife designating certain officials as being responsible for, acting for, and on behalf of the City of Corpus Christi in dealing with the Texas Parks & Wildlife Department, hereinafter referred to as "Department", for the purpose of participating in the Community Outdoor Outreach Program, hereinafter referred to as the "Program"; certifying that the Applicant is eligible to receive program assistance; certifying that the matching share is readily available; and dedicating the proposed site for permanent public park and recreational uses; Whereas, the Applicant is fully eligible to receive assistance under the Program; and Whereas, the Applicant is desirous of authorizing an official to represent and act for the Applicant in dealing with the Department concerning the Program; Be it resolved by the City of Corpus Christi, Texas: Section 1. That the City of Corpus Christi, (the "Applicant"), hereby certifies that they are eligible to receive assistance under the Program, and that notice of the application has been posted according to local public hearing requirements. Section 2. That the Applicant certifies that the matching share for this application is readily available at this time. Section 3. That the Applicant hereby authorizes and directs the Interim Director of Parks and Recreation (the "Official") or the Director of Parks and Recreation to act for the Applicant in dealing with the Department for the purposes of the Program, and that the Director of Parks and Recreation, E. Jay Ellington, is hereby officially designated as the representative in this regard. Section 4. The Applicant hereby specifically authorizes the Official to make application to the Department concerning the program to be known as Observing Science Outdoors (OSO) Summer Youth Program to be held at the Oso Bay Wetlands Preserve and Learning Center in the City of Corpus Christi, Texas. Section 5. That the City of Corpus Christi hereby approves the submission of an application by the Director of Parks & Recreation Department to the Texas Parks & Wildlife Department for a Community Outdoor Outreach Program grant for the Observing Science Outdoors (OSO) Summer Youth Program in the amount of $34,899. Introduced, read, and passed by an affirmative vote of the City of Corpus Christi, Texas, the Applicant, on this the day of , 2016 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 TEXAS PARKS & WILDLIF CO-OP Pre Application Created: 10/13/2015 Last updated: 01/12/2016 If you are applying for the next available deadline, please feel free to complete this pre -application to determine if your project is eligible (Note: Pre -applications are optional). Pre -Applications must be submitted no later than two weeks prior to the next deadline which is February 1, 2016. Thank you for visiting the Community Outdoor Outreach Program (CO-OP). This grant provides funding for tax-exempt organizations to introduce participants to environmental and conservation programs as well as outdoor recreation program which fit the Texas Parks and Wildlife mission. Please review the CO-OP Grant Information to determine if this grant fits your needs. Page 1 Pre -Application Terms and Conditions To submit an application for the Community Outdoor Outreach Program you must be a tax exempt organization, non-political group, or local government. Religious groups are eligible only if non- religious activities are planned. Each applicant must submit its Federal Tax Identification Number as part of the CO-OP Application Form. Applicants must be in good standing with the Texas Comptroller of Public Accounts to be eligible and to receive any reimbursements. Previous CO-OP Grant recipients can apply once every two years as long as all funds have been properly spent, and all grants have been properly closed out. All final documentation must be turned in at least thirty days prior to the next funding deadline. Responses Selected: Yes, I agree with the above terms How does your proposal satisfy the TPWD Recreation Grants mission? TPWD Recreation Grants Mission Statement is to assist communities in providing recreation and conservation opportunities for the use and enjoyment of present and future generations. The Oso Bay Wetlands Preserve & Learning Center has developed plans to host a summer youth program providing inquiry based environmental education experiences for up to 350, 8-16 year olds, within the City of Corpus Christi and its surrounding communities. • Students will participate in hands on learning experiences featuring local scientists, TPWD Interpreters, and staff. • Program field trip locations include TPWD facilities such as Mustang Island State Park and the TPWD CCA Fish Hatchery. • Program curriculum incorporates technology using TPWD Nature Trackers app on tablets in the field. • The program strives to include any interested student by offering scholarships to those unable to pay the registration fees. • The program plans to offer transportation to an after-care facility at the Oso Recreation Center. This service may help accommodate economically disadvantaged youth from Corpus Christi and the surrounding areas. Give a brief description of your proposed one year project: Observing Science Outdoors (OSO) GUARDIANS Summer Youth Program Oso Bay Wetlands Preserve Summer Youth Programs, creates informed young stewards of our environment. 1 of 3 Program Mission: Enhance young scientist's environmental literacy through learner centered, hands-on, minds -on investigation of environmental issues affecting Corpus Christi community and its coastal wetlands. This mission will be accomplished through week-long non -formal environmental education that supports understanding of stewardship, environmental responsibility, and inquiry based science. Students will research various environmental concerns facing Corpus Christi and investigate how these issues impact the Preserve. The Oso Bay Wetlands Preserve & Learning Center would like to host eight sessions of a one week summer program for students entering the 2nd -9th grade. The program will consist of 1/2 day environmental education activities focus on issues affecting the Coastal Bend. Sessions include, guest scientists, field trips and service projects. Students will be introduced to different environmental concerns that face the Coastal Bend and then asked to investigate these issues throughout the week. They will use their experiences from the week (field trips, guest speakers, service projects) to create a short presentation on what they learned and how they think residents of the community can take action or help the issue. The program will be evaluated by the quality of student presentations. How will the CO-OP funds be used in this project? Funds will be used for the following: Program Staff Salaries (Up to 40%) Ed. Coordinator Salary Part Time Staff Staff Training Week First Aid CPR Training Transportation Field Trip Mileage Driver Fee Aftercare Mileage Supplies Staff/Student T -Shirts Water Bottles Name Tags Journal Supplies 22 iPad minis 22 Waterproof iPad mini Cases 12 Tandem Ocean Kayaks Kayak Trailer Fishing Kits Pencils Student Support 32 Scholarships Requested State Assistance $34,899.20 City of Corpus Christi (Local) Financial Share (27%match) $12,760.00 Total Cost $47,659.20 2 of 3 Is your tax exempt status in good standing? If you are unsure of your Tax Exempt Status, click here to visit Texas Comptrollers Website to search your status. Yes Organization Name Oso Bay Wetlands Preserve & Learning Center - City of Corpus Christi Parks and Recreation Lead Applicant Name Colleen M Simpson Email Address colleenmPcctexas.com Phone Number 361-826-3311 Submit Pre -Application for TPWD Review Once you have completed your pre -application that you must choose 'Submit' below to send the pre - application for TPWD review. You will receive an email confirming your submission. Thank you for taking the time to complete the CO-OP Pre -Application. Please allow 3 business days in order to receive our feedback. 3 of 3 Observing Science Outside (OSO) Summer Youth Oso Bay Wetlands Preserve & Learning Center Corpus Christi Parks & Recreation TPWD City of Corpus Christi I Total Facilities Expense Facilities Usage Fee ($110/day) 0 4,400 4,400 Salaries Ed. Coordinator Salary 3,640 5,460 9,100 Part Time Staff (2ppI.X$10/hrX20hrs/8wks) 1,280 1,920 3,200 Staff Training Week (2wks/$10/2ppIx80) 320 480 800 Service Delivery Cost First Aid CPR ($50/per x 4ppl) 200 0 200 Transportation Field Trip Mileage 239 0 239 Driver (40daysX4hrs/day) 3,200 0 3,200 Aftercare Mileage 1,600 0 1,600 Contingency Plan for bad weather days 0 500 500 Supplies Staff/Student T -Shirts (360x$3.26ea) 1,174 0 1,174 Water Bottles (360) 904 0 904 Name Tags (360 @ 12.50/20x330) 225 0 225 Journaling supplies 852 0 852 iPad minis (22x$225) 4,950 0 4,950 Waterproof iPad mini Case (22x$30) 660 0 660 Tandem Ocean Kayaks (12x$799) 9,588 0 9,588 12 Kayak Trailer 1,298 0 1,298 Fishing Kits (22x$35) 770 0 770 Student Support Scholarships($125x32students) 4,000 0 4,000 Requested State Assistance 34,899, City of Corpus Christi (Local) Financial Share (27%match) 12,760 Total Cost 47,659 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 19, 2016 Action Item for the City Council Meeting of January 26, 2016 DATE: January 12, 2016 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrochacctexas.com (361) 826-3932 Maria Pedraza, Procurement Manager mariape(a�cctexas.com (361) 826-3176 Service Agreement for Inspection, Cleaning and Repair of Bunker Gear CAPTION: Motion approving a service agreement with Gear Cleaning Solutions, Dallas, Texas for inspection, cleaning and repair of bunker gear, in accordance with Bid Event No. 76, based on an only bid for an amount up to $127,676.00. The term of the service agreement will be for twelve (12) months with an option to extend for up to two (2) additional twelve (12) month periods, subject to the approval of the Contractor and the City Manager or designee. Funds are available in FY 2015-2016. PURPOSE: This is a motion to approve a service agreement for Inspection, Cleaning and Repair of Bunker Gear. BACKGROUND AND FINDINGS: In June 2007 the Texas Commission on Fire Protection (TCFP) adopted NFPA 1851. This standard addresses the Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting gear. Since that time the Fire Department has been planning the procedure to be used in how best to comply with this standard with the least disruption of service and how best to keep our personnel readily available for duty with certified PPE. The TCFP allowed Fire Departments time since the adoption of this Standard to become compliant. In August 2010, all departments were to be 100% compliant with the Standard and were advised to be expecting an audit by a compliance officer in the summer of 2011. In order to meet the compliance guidelines the Corpus Christi Fire Department FY2011-2012 entered into a 2 year agreement with the Independent Service Provider Gear Cleaning Solutions to clean and maintain our Personal Protective Equipment (PPE) to meet the NFPA 1851 Standard. The Corpus Christi Fire Department has approximately 418 uniformed personnel that require PPE to be maintained and inspected annually. This practice will continue to be required each and every year in order to remain compliant with the TCFP Standard. ALTERNATIVES: None. 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: Fire Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fund(s): Fire Stations General Fund Comments: The $85,117.33 financial impact shown above represents eight months of expenditures that will be encumbered through the end of this fiscal year. The remaining $42,558.67 for the last four months of the contract will be requested during the normal FY 2016-2017 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Project to Date Fiscal Year: 2015- Expenditures Current 2016 (CIP only) Year Future Years TOTALS Line Item Budget $830,028.96 $42,558.67 $872,587.63 Encumbered / Expended Amount $130,080.09 $0 $130,080.09 This item $85,117.33 $42,558.67 $127,676.00 BALANCE $614,831.54 $0 $614,831.54 Fund(s): Fire Stations General Fund Comments: The $85,117.33 financial impact shown above represents eight months of expenditures that will be encumbered through the end of this fiscal year. The remaining $42,558.67 for the last four months of the contract will be requested during the normal FY 2016-2017 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: JEANNETTE P. TIJIERNA BID TABULATION EVENT # 76 INPSECTION CLEANING & REPAIR OF BUNKER GEAR ITEM DESCRIPTION QTY. UNIT Gear Cleaning Dallas, Texas UNIT PRICE Solutions, LLC EXTENDED PRICE 1 Turnout Jackets - Inspection Cleaning 638 each $36.00 $22,968.00 2 Repair of Turnout Jacket - Year 2006 57 each $80.00 $4,560.00 3 Repair of Turnout Jacket - Year 2007 87 each $80.00 $6,960.00 4 Repair of Turnout Jacket - Year 2008 69 each $80.00 $5,520.00 5 Repair of Turnout Jacket - Year 2009 86 each $80.00 $6,880.00 6 Repair of Turnout Jacket - Year 2010 36 each $50.00 $1,800.00 7 Repair of Turnout Jacket - Year 2011 40 each $50.00 $2,000.00 8 Repair of Turnout Jacket - Year 2012 40 each $50.00 $2,000.00 9 Repair of Turnout Jacket - Year 2013 64 each $50.00 $3,200.00 10 Repair of Turnout Jacket - Year 2014 99 each $50.00 $4,950.00 11 Repair of Turnout Jacket - Year 2015 60 each $50.00 $3,000.00 12 Turnout Pants - Inspection Cleaning 638 each $36.00 $22,968.00 13 Repair of Turnout Pants - Year 2006 57 each $80.00 $4,560.00 14 Repair of Turnout Pants - Year 2007 87 each $80.00 $6,960.00 15 Repair of Turnout Pants - Year 2008 69 each $80.00 $5,520.00 16 Repair of Turnout Pants - Year 2009 86 each $80.00 $6,880.00 17 Repair of Turnout Pants - Year 2010 36 each $50.00 $1,800.00 18 Repair of Turnout Pants - Year 2011 40 each $50.00 $2,000.00 19 Repair of Turnout Pants - Year 2012 40 each $50.00 $2,000.00 20 Repair of Turnout Pants - Year 2013 64 each $50.00 $3,200.00 21 Repair of Turnout Pants - Year 2014 99 each $50.00 $4,950.00 22 Repair of Turnout Pants - Year 2015 60 each $50.00 $3,000.00 Total: $127,676.00 SERVICE AGREEMENT FOR INSPECTION CLEANING and REPAIR OF BUNKER GEAR Service Agreement No. THIS Inspection Cleaning and Repair of Bunker Gear Service Agreement (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and Gear Cleaning Solutions, LLC ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Inspection Cleaning and Repair of Bunker Gear in response to Bid Event No. 76, which includes Specification 1264, dated 08/05/15; WHEREAS the City has determined Contractor to be the only bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Inspection Cleaning and Repair of Bunker Gear Services in accordance with Bid Event No. 76, which includes Specification 1264, dated 08/05/15 ("Services"), which bid and related specifications, if any, are attached to this Agreement and incorporated by referenced into this Agreement as Exhibit "A". Contractor's proposal to provide the services is attached to this Agreement and incorporated by reference into this Agreement as Exhibit "B". 2. Term. This Agreement is for a term of one (1) year, commencing on the date signed by the City Manager and continuing for twelve (12) months thereafter. The term includes an option to extend for up to two (2) additional one-year periods subject to the approval of the Contractor and the City Manager. 3. Payment. Payment terms are net 30 days after the goods are provided or services are completed, as required, or a correct invoice is received, whichever is later. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices and communications regarding this Agreement must be directed to the Contract Administrator, who serves as the Corpus Christi Fire Department Contract Administrator, unless indicated otherwise in this Agreement. 5. Independent Contractor. Contractor shall perform the Services hereunder as an independent contractor and furnish such Services in its own manner and method, and under no circumstances will any employee, agent, or representative of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Corpus Christi Fire Department Contract Administrator and the City's Risk Manager will be given at least thirty (30) days' notice of cancellation, material change in the coverages, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request to Contractor. 7. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. 9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue for such disputes is the appropriate district or county court in and for Nueces County, Texas. 11. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Corpus Christi Fire Department Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 13. Termination. A. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in this Agreement and its exhibits. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period stated in the notice, the City Manager may terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement without cause upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement upon twenty-four (24) hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. 14. Taxes. The Contractor covenants to pay all applicable federal and state payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended. Upon request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. 15. Drug Policy. The Contractor must adopt and enforce a "Drug Free Workplace" policy. 16. Violence Policy. The Contractor must adopt and enforce a "Violence in the Workplace" policy. 17. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail, postage prepaid and return receipt requested, and is deemed received on the date hand -delivered or faxed, with proof of accepted transmission, and on the third day after deposit in the U.S. mail if sent certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: Corpus Christi Fire Department Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 2402 Leopard St. Ste. 300 Corpus Christi, Texas 78408 Fax # (361) 826-4344 IF TO CONTRACTOR: Contractor Name: Contact Person: Mailing Address: City, State, ZIP: Physical Address: City, State, ZIP: Fax #: Gear Cleaning Solutions, LLC Rick Johnson 2221 Manana Dr. Suite 190 Dallas, Texas 75220 2221 Manana Dr. Suite 190 Dallas, Texas 75220 (214) 774-2438 18. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Inspection Cleaning & Repair of Bunker Gear Service Agreement upon expiration of the original contract term or any extension period, the Contractor shall continue to provide goods/services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement or extension, on a month-to-month basis not to exceed six months. Any month-to-month provision of goods/services by the Contractor under this Agreement automatically terminates on the effective date of a new contract. 18. Severability. Each provision of this Agreement is severable and if, for any reason, any provision or any part thereof is determined to be invalid and contrary to any applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. CITY OF CORPUS CHRISTI Signature: Contractor: Gear Cleaning Solutions, LLC Signature: { I Y Printed Name: ck Johnson Title: Owner/President Date: 12/28/2015 Printed Name: Maria Pedraza Title: Procurement Manager Date: Incorporated by Reference: Exhibit A: Bid Event No. 76, including Specification 1264 (Available upon request) Exhibit B: Bidder's Bid Offer/Response (Available upon request) AGENDA MEMORANDUM Future Item for the City Council Meeting of January 19, 2016 Action Item for the City Council Meeting January 26, 2016 DATE: January 12, 2016 TO: Ronald L. Olson, City Manager FROM: Jim Davis, Director of General Services jimdcctexas.com (361) 826-1909 Maria Pedraza, Procurement Manager mariape©cctexas.com (361) 826-3176 Purchase and Lease -Purchase of Pickup Trucks CAPTION: Motion approving the purchase of eleven pickup trucks and the lease -purchase of seven pickup trucks from Caldwell Country Ford -Chevrolet, Caldwell, Texas for a total amount of $642,896.04. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds in the amount of $355,778.44 have been budgeted by the using departments in FY 2015-2016. The remaining $287,117.60 for the fifty-six months of lease -purchase payments will be requested in future years during the normal budget process. PURPOSE: This item is to approve the purchase of eleven pickup trucks and the lease -purchase of seven pickup trucks. BACKGROUND AND FINDINGS: The Animal Control Department will lease -purchase five pickup trucks for day-to-day work. These five units are replacements to the fleet. The Park and Recreation Department will purchase seven pickup trucks. Two of these pickup trucks are needed for installation of trash collection units (Par Kan). This method of trash collection will increase the efficiency of the City -maintained Gulf beaches and reduce the likelihood of employee injury. The remaining five pickup trucks will be used for beach rescue operations which involve lifeguard service, emergencies and patrolling the beach. The Park and Recreation Department Beach Operations and Rescue Division currently has 11 vehicles. The corrosive environment on the beach requires the department to replace vehicles on the beach frequently. The two pickup trucks are additions to the Fleet and the remaining five pickup trucks are replacements to the Fleet. The Corpus Christi Auto Theft Task Force will purchase four pickup trucks with grant funding provided by the Texas Auto Burglary and Theft Prevention Authority (ABTPA). The pickup trucks will be used for purposes outlined in the ABTPA grant, to aide in the reduction of auto crimes. These four units are replacements to the Fleet. The Utility Business Office will lease -purchase two pickup trucks. These pickup trucks will be used by the Code Enforcers to place locks on meters for non-payment and investigate unauthorized usage. These two units are additions to the Fleet. ALTERNATIVES: CNG is not available for these vehicles. OTHER CONSIDERATIONS: Financing for the lease -purchase of the seven pickup trucks is based on a sixty month term with an estimated interest rate of 2.50% for an annual payment of $61,525.20. The total estimated cost over the five-year period, including principal of $288,894.25 and interest of $18,731.75, is $307,626. 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: Park & Recreation, Police Department, and Water Department. FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital x Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,061,757.00 $287,117.60 $1,348,874.60 Encumbered / Expended Amount $460,089.59 $0.00 $460,089.59 This item $355,778.44 $287,117.60 $642,896.04 BALANCE $245,888.97 $245,888.97 Fund(s): General Fund, Police Grant Fund No. 1061, and Water Fund Comments: The $20,508.40 financial impact shown above represents four months of payments that will be encumbered through the end of this fiscal year. The remaining $287,117.60 for the fifty-six months of payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION PRICE SHEET TLGPC CONTRACT NO. 430-13 PURCHASE OF PICKUP TRUCKS CALDWELL COUNTY FORD -CHEVROLET CALDWELL, TEXAS ITEM DESCRIPTION QTY. UNIT UNIT PRICE EXTENDED PRICE 8. Police Department - Animal Control 2016 Ford F250 Super Duty Cab 1 Ton SRW 4 X 4 with animal control unit (Lease -Purchase)- White / Replacement Unit Water Fund 2016 Ford Explore Base 4 X 2 (Lease -Purchase)- Captial Outlay No. - A-60 Color - White / Addition to the Park and Recreation Department 2. 2016 Ford F150 Crew Cab 4 X 4 (Purchase)- Captial Outlay No. - A-13 Color - White / Replacement Unit 3. 4. 5. 6. 7. 5 Each 2 Each 2 Each $46,170.85 $230,854.25 $29,020.00 $58,040.00 $33,178.66 $66,357.32 2016 Ford F150 Crew Cab 4 X 2 1 Each $38,757.60 (Purchase)- Captial Outlay No. - A-20 Color - White / Replacement Unit 2016 Ford F150 Crew Cab 4 X 4 (Purchase)- Captial Outlay No. - A-14 Color - White / Replacement Unit 2016 Ford F250 Super Duty 4 X 4 (Purchase)- Captial Outlay No. - A-22 & A-23 Color - White / Addition to the Fleet - Police Grant -Auto Burglary and Theft Prevention Authority (ABTPA1 2016 Ford F150 Crew Cab 4 X 2 XL (Purchase)- Captial Outlay No. - A-116 Color - 1 -Blue Jean / 1 -Magnetic / Replacement Unit 2016 Ford F150 Crew Cab 4 X 4 XL (Purchase)- Captial Outlay No. - A-116 Color - 1 -Shadow Black / 1 -Ingot Silver / Replacement Unit 2 2 2 2 Each Each Each Each $32,579.16 $38,757.60 $65,158.32 $26,318.70 $52,637.40 $25,238.85 $50,477.70 $30,940.85 $61,881.70 Total: $624,164.29 Interest: 1, 8731.75 Grand Total Cost: $642,896.04 AGENDA MEMORANDUM Future Item for the city Council meeting of January 19, 2016 Action Item for the City Council Meeting of January 26, 2016 DATE: January 12, 2016 TO: Ronald L. Olson, City Manager FROM: Jim Davis, Director of Fleet Maintenance Services JimD(c�cctexas.com (361) 826-1909 Andy Leal, Assistant Director Street Maintenance AndyL c(Dcctexas.com (361) 857-1957 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Lease -Purchase of Two Ford F-350 Super Duty Trucks CAPTION: Motion approving the lease -purchase of two Ford F-350 super duty trucks from Grande Truck Center, Houston, Texas for a total amount of $188,055.60. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). $12,537.04 is four months of payments that will be encumbered through the end of FY 2015-2016. The remaining $175,518.56 for the fifty-six months of payments will be requested in future years during the normal budget process. PURPOSE: To approve the lease -purchase of two Ford F-350 super duty trucks for the Street Department. BACKGROUND AND FINDINGS: These trucks will be used by the Signs and Markings department to install street signs as required by Texas Department of Public Safety specifications. These trucks are equipped with a hydraulic operated digger for the installation of signs. Both units are replacements to the fleet. ALTERNATIVES: These trucks are not available in compressed natural gas (CNG). OTHER CONSIDERATIONS: Financing for the lease -purchase of the vehicles is based on a sixty month term with an estimated interest rate of 2.50% for an annual payment of $37,611.12. The total estimated cost over the five-year period, including principal of $176,604.00 and interest of $11,451.60, is $188,055.60 CONFORMITY TO CITY POLICY: This lease -purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY /NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Street Department 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 $22,003.00 $175,518.56 $197,521.56 Encumbered / Expended Amount $3.00 $0.00 $3.00 This item $12,53T04 $175,518.56 $188,055.60 BALANCE $9,465.96 $0.00 $9,465.96 Fund(s): General Fund Comments: The $12,537.04 financial impact shown above represents four months of payments that will be encumbered through the end of this fiscal year. The remaining $175,518.56 for the fifty-six months of payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ ITEM 1. DESCRIPTION Ford F-350 Super Duty Truck with built on augers QTY. 2 PRICE SHEET Buy Board #491-15 Lease -Purchase of Two Ford F-350 Trucks Grande Truck Center Houston, TX UNIT Each UNIT PRICE $88,302.000 EXTENDED PRICE $176,604.00 Total $176,604.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 19, 2016 Action Item for the City Council Meeting of January 26, 2016 DATE: January 12, 2016 TO: Ronald L. Olson, City Manager FROM: Kim Womack, Director of Communication, Media, E -Government kimwAcctexas.com (361) 826-3210 Maria Pedraza, Procurement Manager MariaPe@cctexas.com (361) 826-3176 Purchase and installation of Studio Technology Equipment CAPTION: Resolution authorizing the City Manager, or designee, to execute all documents necessary with Media Rushworks, LLC, doing business as RUSHWORKS, for the purchase and installation of television studio equipment for a total of $164,399.20. Funding is available in the Public, Education & Government Fund (PDG) FY 2015-2016. PURPOSE: This is a resolution to approve the purchase and the installation of technology for the renovated municipal television studio in order to integrate with the existing broadcast system from RUSHWORKS. BACKGROUND AND FINDINGS: The renovation and construction contract for the municipal television studio was approved with two readings on October 27, 2015. This item represents the technology piece of the studio renovation. RUSHWORKS originally installed and currently supports existing broadcast equipment located adjacent to City Council chambers in City Hall. It is essential that the broadcast system and new studio technology integrate to provide for efficient and effective television operations. The City originally procured the RUSHWORKS system through a Request For Proposals (RFP) when technology in City Council chambers was updated. One of the primary reasons RUSHWORKS was chosen included the use of readily available components that are built and installed onsite. By incorporating the same technology including the proprietary software it will result in less staff training, higher productivity and a built -to -suit solution for the new studio. The funds used for the technology will originate from the Public, Education and Government (PEG) channel cable franchise fees. These fees are dedicated by federal and state law for capital improvements for the PEG channel programming and cannot be used on other expenditures. The studio renovation including the technology qualifies as an approved use of the PEG funds. 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: Communication Municipal Information Systems 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 $1,072,105.58 $0.00 $1,072,105.58 Encumbered / Expended Amount $630,020.00 $0.00 $630,020.00 This item $164,399.20 $0.00 $164,399.20 BALANCE $277,686.38 $277,686.38 Fund(s): Public, Education & Government Fund (PEG) Comments: PEG Funds are restricted capital funds. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing the City Manager, or designee, to execute all documents necessary with Media Rushworks, LLC, doing business as RUSHWORKS, for the purchase and installation of television studio equipment for a total of $164,399.20. Funding is available in the Public, Education & Government Fund (PDG) FY 2015- 2016. WHEREAS, the City is currently using RUSHWORKS to support the existing broadcast equipment; WHEREAS, the current broadcast system and new studio technology needs to integrate with the existing broadcast system to provide for efficient and effective television operations; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and WHEREAS, the City Council finds this purchase is pursuant to Texas Local Government Code §§ 252.022 (a)(7)(D) and (a)(2), as items available from only one source because they are captive components for existing equipment and are to preserve or protect the public health or safety of the municipality's residents. 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 purchase and install television studio technology from RUSHWORKS for a total of $164,399.20 in order to maximize the use of resources, ensuring the compatibility and continuity that will integrate with the existing broadcast system to provide for efficient and effective television operations for the public. 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 Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION STUDIO TECHNOLOGY EQUIPMENT ITEM 1. 2. 3. DESCRIPTION TV STUDIO COMPONENTS AND CONTROL ROOM Purchase of all studio components and control room equipment as required by Rushworks which include the following: 1) Vdesk Pro +12 with 9 PTZ Cameras, Edit /Grahics System, Teleprompter System, and sofware. Project Design, Cables, Connectors, Cable Pulling, and Miscellaneous Parts Installation and Training QTY. UNIT MEDIA RUSHWORKS, L.L.C. dba RUSHWORKS FLOWER MOUND, TEXAS UNIT PRICE EXTENDED PRICE 1 LOT LOT LOT $140,863.20 $140,863.20 $11,836.00 $11,836.00 $11,700.00 $11,700.00 $164,399.20 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 19, 2016 Action Item for the City Council Meeting of January 26, 2016 DATE: April 21, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities qustavogo(c�cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieqacctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 Resolution approving submission of grant applications for the Transportation Alternatives Program (TAP) Grant for Fiscal Year 2017 CAPTION: Resolution approving the submission of two grant applications with Corpus Christi Metropolitan Planning Organization for the Fiscal Year 2017 Transportation Alternatives Program (TAP) Grant for wayfinding signage along the City's Bike Trails and a High -Intensity Activated Cross Walk (HAWK) Signal for Cole Park to be located near Ocean Drive and Del Mar Boulevard. PURPOSE: This resolution provides for Council approval of two grant applications in connection with the Federal Transportation Alternatives Program. The Program's purpose is to fund projects related to transportation alternatives for non -motor mobility. BACKGROUND AND FINDINGS: The Corpus Christi Metropolitan Planning Organization (CCMPO) is seeking projects for the Transportation Alternatives Program (TAP). The TAP is a federally funded transportation alternative program to provide improvements for pedestrian, bicycle, and other non -vehicular forms of transportation. The first grant application is for funding to help provide improved accessibility, safety and wayfinding to the regional bike system by installing appropriate traffic safety and wayfinding signage on the City streets that have been designated Bike Boulevards in the Regional Plan. This plan provides synergy with the Street Preventative Maintenance Program (SPMP) to fund signage and pavement markings on the SPMP roadways which are designated Bike Boulevards. The second grant application seeks to purchase and install a HAWK automated traffic signal on Ocean Drive at Cole Park for improved pedestrian safety. Special events at Cole Park attract a high volume of pedestrian traffic that needs safe access across Ocean Drive. The existing crossing only provides warning flashers and a crosswalk. The new HAWK system will allow signalized crossing with pedestrian interaction to improve public safety. On January 7, 2016, a public meeting was held with the Del Mar Community Association for the input from the residents on this project. The association was in near unanimous agreement in support of the HAWK signal (30 for and 1 against). The City now has over thirty letters of support from the Del Mar Community Association. ALTERNATIVES: 1. Approve submission of grant applications. (recommended) 2. Do not approve submission of grant applications. (not recommended) OTHER CONSIDERATIONS: Federal funds will cover 80% of the construction -related expenses for each project. The wayfinding grant will seek $300,000 of federal transportation funding and the HAWK grant will seek $150,000 in federal transportation funding. FY2017 applications will be carried forward into FY2018, so these applications are good for both financial years. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: Funding commitments are not required at this time. RECOMMENDATION: Approval of the resolution as proposed, which would allow staff to apply and receive grants from the Corpus Christi Metropolitan Planning Organization (CCMPO) to support our transportation initiatives. LIST OF SUPPORTING DOCUMENTS: Resolution Location Maps (2) HAWK Signal Function Presentation Resolution approving the submission of two grant applications with Corpus Christi Metropolitan Planning Organization for the Fiscal Year 2017 Transportation Alternatives Program (TAP) Grant for wayfinding signage along the City's Hike and Bike Trails and a High -Intensity Activated Cross Walk (HAWK) Signal for Cole Park to be located near Ocean Drive and Del Mar Boulevard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council supports and approves submission of grant applications to the Corpus Christi Metropolitan Organization for the Fiscal Year 2017 Transportation Alternatives Program (TAP) Grant for wayfinding signage along the City's Hike and Bike Trails and a High -Intensity Activated Cross Walk (HAWK) Signal for Cole Park to be located near Ocean Drive and Del Mar Boulevard. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of , 2016 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 • — . 0 ,t, ;sec y ' Vii,. tsar yw ►. i . i •,;.,; i tr • 1.41 a' Air • i v Existing Crosswalk Marking Ocean Dr. wr rIMO Existing r Signals Proposed `A Proposed HAWK Signal Crosswalk Marking WIN LOCATION MAP NOT TO SCALE • EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 Cole Park HAWK Signal Wayfinding and Signage (Full stop crosswalk) system -wide FY 2017 Transportation Alternatives Program Grant Application CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 Corpus Chrsti Engineering Transportation Alternatives Program (TAP) Grant FY 2017Application Council Presentation January 19, 2016 TAP Grant -Vicinity Map A( Grant One Carpus Chr'sti Engineering Project Locations Coie Park HAWK Signal (Full Stop Crosswalk) Wayfinding and Signage for Bike Boulevards LQC TION M NUT TO SCALE:_=". 2 TAP Grant - Vicinity Map Grant Two Corpus Chr'sti Engineering 3 TAP Grant - Location Map Grant Two 11(440 Corpus Chr stU Engineering Eling Grasaw: al alk Marking S'iAnals Ped pole with ped head and push button Proposed Crosswalk Marking HAWK Signal mast arm with ped head and push button 4 High Intensity Activated Cross Walk •x) Corpus Chr sti Engineering n 0; TAP Grant Corpus Chr'sti Engineering FY 2017 TAP Application: • Application 1 is for the Wayfinding Initiative o The Wayfinding Initiative will brand the hike and bike trail system city-wide o Create ownership of the system o Provide access, safety, and wayfinding improvements • Application 2 is for the Safe Crossing and Shelter project o The Safe Crossing and Shelter project will improve traffic safety o Provide High -Intensity Activated Cross Walk at Cole Park 6 TAP Grant Corpus Chr'sti Engineering TAP Grant Program: • Grant administered by the MPO • Distributes Federal Highway money • Local implementation through TxDOT oversight • Grant goals change yearly • History • City has applied previously and been awarded • City has previously used the grant awards for hike and bike trails TAP Grant FY 2017: • Grant goals this year include wayfinding and branding of trail system • Grant goals this year do not include additional length to trail system Project Schedule (14111111 Corpus Chr stU Engineering Jan App Feb Mar Apr May June July Review and Award Aug Sep Oct Nov Dec Design Jan Feb Bid Mar Apr May June July Aug Construction Signal Description Signal For Motorists See This: Do This: Signal For Pedestrians See This. Do This: 1. When not in use, the traffic signal is dark and a solidi -DONT WALK' indication 0 displayed for pedestrians. Proceed Wrth Caulker'Push the bull arF to er e . When a pedestrian pushes the button. the 1rarrie iii9rial flash/pa yillifiVe ter foOrykkral SODOPFX115 SIOW down,, prepare to stop. Pedestrian has activated signal. [ ,�' Weil to cross 3_ me( the Flashing yellow interval_ aha iraibbc signal displays a mid yell o le tat,+etorisls enouvri Writ to slop. Wait for Irafic ltd Stop. Stop if safe to do so_ 1. Mer the solid yellow Wilmot the Iraffrc tictrialil ri, Wild tad, mod Ile pidisstrinn sagnal displays a 'WALK', Validating pedestrians are Maimed to erase'La7o Madway. Slop ani remain slopped P'rodostiian in crosswalk. -I Safe le cross, bRrt crossing roadway Look before crossingi Tine irMfic signal ren flashesaINerr+a1.' red and Ma pedestrian signal llashe5 'DON'T WALK' DrnierS r'sY proceed alter stopping id there are rio pedestrians 41' the' roadway. r i Stop. Ther proceed — ' with cautron if no pedestrians in roadway ' Ir in roadway. ObritInue walking If I-ct Iii roadway, Co rot Start, After flashing ` DONT WALK' ono traffic scriiii RI dila i+giiht and the psdestrinin signalndicalicn displays a solid 'DON'T WALK' L1111111114 hymn ke padsod again. P1 til Push the button to cross AGENDA MEMORANDUM First Reading for the City Council Meeting of January 19, 2016 Second Reading for the City Council Meeting of January 26, 2016 DATE: January 7, 2016 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 Jeff Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Resolution to Redesign Bond 2012 Project Tuloso Road Project — IH 37 to Leopard Street CAPTION: Resolution directing staff to redesign the Bond 2012 Tuloso Road Project due to changes in cost and other factors. PURPOSE: The purpose of this item is to approve a Resolution directing staff to have the Bond 2012 Tuloso Road from IH 37 to Leopard Street project redesigned as requested by City Council on December 8, 2015. BACKGROUND AND FINDINGS: On December 8, 2015, the City Council considered an ordinance to award a construction contract in the amount of $5,014,449.60 for the Bond 2012 Street Improvement Project Tuloso Road from IH 37 to Leopard Street (Project). After discussion, council voted to direct City staff to re-evaluate the project with respect to the cost, design and other factors and redesign the project to be constructed within available street funds. As per this Resolution these changes will not amend the bond language nor change the project limits. This Resolution confirms Council direction, that due to costs and other factors this project will be redesigned to bring it within approved budget amounts. The Project does not require and should not include curb and gutters or a continuous left turn lane. The scope of this Project shall be finalized to include full reconstruction of the existing two-lane roadway. It will be bid using both Hot Mix Asphalt Concrete (HMAC) and concrete pavement. Award of pavement surface will be dependent upon bid prices received. The project will also include wide shoulders and a designated left hand turn lane at intersections, signage/markings and new ADA -compliant sidewalks along improved road side ditches. ALTERNATIVES: 1. Approve the Resolution as presented. 2. Do not approve the Resolution as presented. (Not recommended) CONFORMITY TO CITY POLICY: This Resolution conforms to the City's policies and charter requirements for Resolutions. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Budget Encumbered / Expended Amount Future Anticipated Expenditures Future Anticipated Expenditures BALANCE Fund(s): Nothing at this time. RECOMMENDATION: City staff recommends approval of this Resolution so staff is formally directed to redesign the Tuloso Road Street Improvement project from IH 37 to Leopard Street in a manner that does not change the intent of the project but brings estimated costs into budgeted amounts. LIST OF SUPPORTING DOCUMENTS: Resolution Location Map Resolution directing staff to redesign the Bond 2012 Tuloso Road Project due to changes in cost and other factors. WHEREAS, on November 6, 2012, voters approved Bond 2012 Proposition No. 1 for designing, constructing, renovating and making permanent street improvements; WHEREAS, the bond language describes the project as Tuloso Road, generally from IH 37 to Leopard Street (Project); WHEREAS, the Bond 2012 Information Guide (Guide) provides preliminary scoping information for projects and qualifies all information with the statement "All projects are stated generally and final scope may vary due to cost, design and other factors." WHEREAS, the Guide describes the Project, at a cost of $1,800,000, to include reconstruction and widening of existing road to 3 -lane road with turning lane and bike route, sidewalks, curb and gutters, ADA curb ramps, lane striping and pavement markings; WHEREAS, on April 21, 2015, in Resolution No. 030482, the City Council directed the City to proceed with the design of the Project to be constructed as concrete with wide shoulders to accommodate bikes; WHEREAS, on December 8, 2015, City Council considered an ordinance to award a construction contract for the Project for $5,041,449.60 and made a motion directing the City to evaluate the Project with respect to the cost, design and other factors and bring back a resolution; WHEREAS, this resolution does not amend the bond language and no changes to the Project limits are authorized, the Project remains Tuloso Road, generally from IH 37 to Leopard Street; WHEREAS, this resolution finalizes the scope of the Project based on the cost, design and other factors in accordance with the Guide; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council finds that due to costs and other factors, the Project does not require and should not include curb and gutters or a continuous left turn lane. SECTION 2. The scope of this Project will be finalized to include full reconstruction of the existing 2 -lane roadway. It will be bid with both Hot Mix Asphalt Concrete (HMAC) and concrete pavement. It will include wide shoulders and a designated left hand turn lane at intersections, signage/markings and new ADA -compliant sidewalks along improved road side ditches. SECTION 3. The Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas Nelda Martinez Mayor of , 2016. 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 LOCATION MAP Tuloso Road IH 37 to Leopard Street Bond 2012 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 AGENDA MEMORANDUM Presentation for the City Council Meeting of 01/19/16 DATE: TO: January 4, 2016 Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com 361-826-3729 UPDATE TO CITY COUNCIL Bond 2012 Street Improvement Projects STAFF PRESENTER(S): Name Title/Position Department 1. Valerie H. Gray, P.E. Executive Director Public Works 2. Jeffrey Edmonds, P.E. Director Engineering Services 3. OUTSIDE PRESENTER(S): Name 1. 2. 3. Title/Position Organization BACKGROUND: This presentation includes an update on the execution of currently contracted Bond 2012 street improvement projects and information on funding considerations for remaining projects. LIST OF SUPPORTING DOCUMENTS: None ti* Corpus Chr sti Engineering Services Bond 2012 Street Program Update n www.cctexas.com Council Briefing January 19, 2016 www.cctexas.com Bond 2012 Street Program Council Presentation - April 21, 2015 Corpus Chr sti Engineering Services Street Cost Budget Dsg Cost Estimate (Dec 15) Bond 2012 Proposition 1: Street Projects S Alameda St (Ayers St to Louisiana Ave) Greenwood Dr (Gollihar Rd to Horne Rd) Ocean Dr (Buford St to Lousiana Ave) Tuloso Rd (IH37to Leopard St) S Staples St (Morgan Ave to IH 37) Kostoryz Rd (Brawner Pkwy to Staples St) S Staples St (Browner Pkwy to Kostoryz Rd) Leopard St (Crosstown Freeway to Palm Dr) Holly Road (Crosstown to Greenwood Dr) Williams Dr (Staples St to Airline Rd) Potential Modifications Keep Concrete Keep Bike Lane Deferral Funding $2,300,000 $3,086,000 Bid Both Yes Revised Cost Estimate $3,116,860 Estimate w/o Deferred Streets $2,100,000 $5,500,000 $1,800,000 $5,300,000 $3,300,000 $3,400,000 $2,600,000 $2,500,000 $1,700,000 $2,307,000 In HP Garcia Park $2,330,070 $8,167,000 Yes $6,834,670 $1,911,000 Yes Wide Lanes $1,930,110 $7,470,000 Bid Both Yes $7,544,700 $4,668,000 Bid Both Yes $4,714,680 $6,945,997 Bid Both Yes $7,015,457 $4,127,000 Bid Both Yes $4,168,270 $3,960,893 Bid Both Yes $4,000,502 $3,343,009 Bid Both Yes $3,376,439 $45,031,758 RECOMMENDED FOR DEFERRAL Morgan Ave (Staples St to Crosstown) Twigg St (Shoreline Blvd to Lower Broadway) $2,300,000 $2,883,958 Bid Both Yes $2,100,000 $2,100,000 $1,400,000 $1,230,045 TBD $1,200,000 $1,200,000 UNAFFECTED STREETS JFK Causeway Area Imps ADA Master Plan Improvements Signal Improvements & Street Lighting TxDOT Participation Navigation Blvd (Up River Rd to Leopard St) McArdle Rd (Whitaker Dr to Ennis Joslin Rd) Horne Rd (Ayers St to Port Avenue) Yorktown Blvd (Rodd Field to Cimarron) $650,000 $590,000 Yes No $650,000 $2,300,000 $2,300,000 $2,300,000 $2,000,000 $2,000,000 $2,000,000 $1,150,000 $1,150,000 $1,150,000 $4,000,000 $5,355,000 Under Construction $5,355,000 $6,000,000 $5,499,000 Under Construction $5,499,000 $900,000 $1,233,000 Under Construction $1,233,000 $3,800,000 $4,887,000 Construction 95% Complete $4,887,000 $23,074,000 Overruns $55,000,000 $73,113,902 $0 $0 1 $3,300,000 $68,105,758 $3,300,000 ($18,113,902) ($13,105,758) $64,805,758 ($9,805,758) nd www.cetexas.com Bond 2012 Street Program April 21, 2015 Resolution Summary Corpus Chr'sti Engineering Services 1. Issue Certificates of Obligation (COs) i. To cover project costs greater than Bond appropriation 2. Defer Twigg Street & Leopard Street Projects 3. Bid both Concrete & Hot Mix Asphalt Concrete (HMAC) for 5 streets 4. Construct 3 streets w/o designated bike lanes 5. Plan future Hike & Bike Trail project along Airport Ditch 6. Improve pedestrian/ ADA crossing along S. Staples St. i. Brawner Pkwy to Kostoryz Rd 7. Incorporate Exhibit A detailing certain projects 8. Proceed w/Bond 2012 Program www.cctexas.com Bond 2012 Street Program Summary Update - Prop. 1 Corpus Chr sti Engineering Services BOND 2012 PROPOSITION 1 (Since August 31 2015) As of December 18, 2015 PROJECT TITLE BUDGET (0005) STATUS STREET UTIUTY AE Conrtr. Start Date McArdle Rd (Whitaker Or to Ennis losln Rd) Constr. $6,000 54,700 UA(RVE) 120-15 Jan -15 Herne Rd (Ayers St to Pert Avenue) Constr. $900 5700 ND Jan -16 Aug -15 5 Staples St (Morgan Ave to 10 37) Constr. 55,300 $4,100 ND Aug -15 Sep -15 116 Causeway Area Imps Constr. $650 5630 Sep -15 Williams Or (Staples St to Odom Rd) ROOT) Constr. 51,700 $2,300 00)001) Sep -15 Jan -16 Ocean Or (Buford St to Louisiana Ave) Constr. 55,500 $2,700 FNI Nov -15 Jan I6 Navigation Blvd (Up River Rd to Leopard Stl Rebid $4,000 $3,100 LNV Nov -15 Feb -16 Kost0ryz 60 (Bremer Pkwy to Staples St) O -100% 53,300 $2,600 Urban Jan -16 Apr -16 Greenwood Dr(Golllhar Rd to Horne Rd) o 10o% 52,100 51,700 Go nd Jan 16 Apt 16 Holly Road (Crosstown to Greenwood 00117(1207) 0-100% $2,500 50,500 LNV Apr 16 May l6 Yorktown Blvd (Rodd Field to Cimarron) 0-60% 53,800 FNI Mar -16 May -16 S Alameda St (Ayers Si to Louisiana Mel O .90% 52,300 $2,800 HOR Nov -15 May -16 Tubso Rd (1037 to Leopard St) Rebid $1,800 51,400 MEI 0M-15 Aug -16 S Staples St(Prawner Pkwy to Kosteryz Rd) 0-90% 53,400 $2,700 FNI Feb -17 Feb -17 Leopard St (Crosstown to Palm Or) 0-60% $2,600 $2,000 HDA Morgan Ave (Staples St to Crosstown Freeway) 0-60% $2,300 $1,800 CRG May -17 Twigg Sl (Shoreline Blvd to Lower Broadway) 056ding 51,400 $1,230 HDR ADA Master Plan Improvements sPMP 52,300 50 CH2M Signal Improvements Si Street Lighting ONGOING $2,000 50 METS TgDOT Participation ONGOING $1,150 50 LNV 2015 2016 2017 2018 2019 JFMAMJ 1 A 5(01N D I I 1 F I MI A M 1 1 A 5 0 N D 1 FMAMJ 1 A 5 0 9 0 1 FINAMJ 1 A 5 0 N D 1 FMAINJ JASON ■ Ori inal construction contract terminated new contract awarded We ther & add'( work nu h chedule. ....... I I Additional Public Mtgs I III II Seasonal Hi; h Tides included in projectschedule. pn10 IIIIIIIIIIIIIII Proiect to complete by summer II II Rebid. Contractor startupon satisfactory Collar'', com • letion of other City p of cts 18 Menthe Tred to levers e DIOT TrafficSi nel Grant HSIP )$750K; .0 J 1 ■■. 1 I I 14 Manths ,,' Finallzinglre IS ontM1s M 1 documents 1menls ani bud ge MEM 1 1 1s Mont M II M' Implement underground drainage 1111111111 Value Engrsavings 'II 11Monh • Incor•Orate 1• ■ hike &bike • Ian in ad'acent •arkw add'I ;rantfundin; from MPO (Landscape only) I T%DOT Bid Schedule 1 1 1 1 1 1 1 ME (Landscape only) Ne;otiate MOU with Del Mar for add'( unding& future maintenance 111111111 1111 I MEM. ■■■■•■■■' Include new MPO bikeplan & consider IijIIIIiIII Council Road Diet 4-Lanesto3Lanes requestedre-design. Bids rejected. Deferred Coordination w Final Harbor B id a Plans , Subject to Hospital renovations sche ule (con ructabi ity Deferred 1 1 1 71"' Ongoing Deferred OI IIIiil Ongoing ng Pending Harbor Bride Final �II Ongolhg, O30% Coordination a III OWN( 11111 Ongoing 1111111 Ongoing 1 F M A M 1 1 A 5 OINIDIJIFIMIAIM 1 1 A 5 OINIDIJIFIMIAIM 1 1 A 5 OINIOIIIFIMIAIM 2 J A 5 OND 1 EMAMJ 1 *509 1 'MIMa I_ Design I (Bid Co 0100500 Ongoing _ Design Build 1 100 0110/ Pending 1 1% uest for Quaigicetions 4 .,..rri,„ www.cctexas.com Bond 2012 Street Program Summary Update - Prop. 8 Corpus Chr sti Engineering Services BOND 2012 PROPOSITION 8 (since August 31 2015) As of December 18. 2015 PROJECT TITLE STATUS BUDGET (DODs) constr. 2015 2016 2017 2016 2019 STREET UTILITY AE start Date M a M 1 1 A s o N o 1 F M A M JJISONOJOMI M JJISONDJFMO 01115069190003105090 International Boulevard Airport Entrance Reconstruction BIO $800 50 UA (RYE) Jan -16 �� Coordinate potentia Overlay of Terminal Blvd Sea Town Pedestrian Improvements 0-10% $500 So LIA(RVE) Sep-.— Initial Desi n required re -scoping and stake holder engagement ME North Beach Area Road Improvements & Area Beautification D-1.0% $hoo So LIA(RVEI Sap -I6 M 111111111 ME Initial Design required re -scoping and stake holder engagement North Beach Area Pedestrian Improvements&Area Enhancements P30% $1,000 50 UA (001) 5ep-16 MEM" .....J�.J�J� I I Ir I I I I I I 1 I I I Initial Design required re -Scoping and stake holder engagement County Road 52 Extension PENDING IIA 52,500 50 NEI PENDING INTER -LOCAL AGREEMENT WITH COUNTY Developer Participation ONGOING 55,000 50 Dev5ery 1 1 1 1 T H I I I Ongoing Ongoing Ono:mg. J F M A M J J A S OINIDIJIFIMIAIM J J A 5 OINIDIJIFIMIAIM J 1 A 5 0INIDIJIFIMIAIM , J A 5 0 N D J F M A M 1 J A S O N D IP1 nnAg 1 IDesign 1 1912 —Co st uctmn going _ Design Build 1 Ion Hold/Pending _Requet for Qualifications 5 www.cctexas.com Bond 2012 Street Program Implementation Plan Corpus Chr sti Engineering Services Estimated Remaining Need: $18,140,037 1056 Contingency Total Approximately $20,000,000 PROPOSITION 8 Approved Bond Amount Project Expenses Expended Funds Moved to Other Projects Available Funds as of 12/21/15 Estimated Project Budget* Add'I Funds Needed Funds Xfer To Navigation Funds Xfer To Kostoryz Funds Xfer To Tuloso PROPOSITION 1 AWARDED PROJECTS Yorktown Blvd. (Rodd Field to Cimarron) 3,800,000 3,788,592 218 3,788,810 (3,125) McArdle Rd (Whitaker Dr to Ennis Joslin Rd) 6,000,000 6,006,351 50,473 6,056,823 (35) Horne Rd. (Ayers St to Port Ave.) 900,000 2,222,472 517,135 2,739,607 (200) 5. Staples St (Morgan Ave. to IN 37) 5,300,000 6,700,309 765,310 7,465,619 - JFK Causeway Area Imps 650,000 689,770 1,656 691,426 - Williams Dr. (Staples St to Airline Rd) 1,700,000 1,814,152 1,131 1,815,282 Ocean Dr. (Buford St to Louisiana Pkwy) 5,500,000 818,133 8,230,578 9,048,711 $ (3,360) Signal Improve ments&Street Lighting 2,000,000 384,486 1,628,818 2,013,305 ADA Improvements 2,300,000 2,299,376 624 2,300,000 TOTAL $ 11,195,943 $ 35,919,5E2 MATCHING FUNDS PROJECTS* Holly Rd (Crosstown to Greenwood Dr) 2,500,000 139,070 1,863,372 2,002,442 TzDOT Participation 1,150,000 1,042,534 101,966 1,144,500 TOTAL $ 1,965,338 $ 3,146,942 PENDING PROJECTS Av liable Funds: 13,084,882 Navigation Blvd (Up River Rd. to Leopard St.) 4,000,000 1,558,337 5,304,818 7,514,485 651,330 7,128,734 Kostoryz Dr (Brawner Pkwy to Staples 5t.) 3,300,000 429,683 (1,701,238) 1,169,079 4,715,000 3,116,238 2,843,416 Greenwood Dr(Gollihar Rd to Horne Rd) 2,100,000 255,968 (3,333) 1,840,699 1,783,000 (313,667) (243,704) 1,316,384 Tuloso Rd (111 37 to Leopard St) 1,810,000 393,579 (1,321,946) 84,475 1,640,000 1,161,946 69,963 S. Alameda St. (Ayers 5t. to Louisiana Ave.) 2,300,000 354,288 (3,333) 1,942,379 3,058,000 761,333 (1,024,137) (918,242) 5. Staples St. (Brawner Pkwy to Kostoryz Rd.) 3,400,000 531,481 (453,333) 2,415,186 7,000,000 4,053,333 (323,086) (2,092101) Leopard St. (Crosstown to Palm Dr.) 2,600,000 378,315 (2,221,685) 0 4,168,000 3,789,685 Morgan Ave. (Staples St. to Crosstown Exp.) 2,300,000 193,422 (1,778,333) 328,245 2,884,000 2,362,333 (328,245) Twigg 5t. (Shoreline Blvd. to Lower Broadway) 1,400,000 256,406 (1,143,594) (0) 1,100,000 843,594 TOTAL $ 4,351,478 $ 13,084,802 $ 33,862,485 $ 16,426,125 $ (651,330) $ (3,116,238) (1161,946) Estimated Remaining Need: $18,140,037 1056 Contingency Total Approximately $20,000,000 PROPOSITION 8 PENDING PROJECTS Approved Bond Amount Protect Expenses Funds Moved to Other Projects Available Funds as of 12/21/15 Estimated Project Budget. Add'I Funds Needed Sea Town Pedestrian Impr. ($1.5M-TxDOT)* 500,000 119,600 383,525 500,000 (3,125) County Road 52 Extension 2,500,000 2,237,888 262,147 2,500,000 (35) Intl. Blvd. Entrance Recons. ($250K - CCIA)* 800,000 124,754 675,446 800,000 (200) N. Beach Area Ped. Imp. & En h. 000, Lex. & At, uar.)* 1,000,000 202,578 797,422 1,000,000 - Developer Participation 3,000,000 - NorthBeachAreand.Imp. &Area Beautification 600,000 116,411 483,589 600,000 TOTAL $ 2,801,231 $ 2,11&540 $ 5,400,000 $ (3,360) *Project leveraged with matching funds. 6 www.cctexas.com Bond 2012 Street Program Next Steps CS" Corpus Chr sti Engineering Services ➢ Sell Certificates of Obligation (CO's) ✓ Per Resolution April 21, 2015 www.cetexas.com Corpus Chr sti Engineering Services Questions? "Continuing to Build Our Future" AGENDA MEMORANDUM for the City Council Meeting of January 12, 2016 DATE: TO: December 21, 2015 Ronald L. Olson, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Flood Maps STAFF PRESENTER(S): Name 1. Julio Dimas OUTSIDE PRESENTER(S): Name 1. 2. 3. Title/Position Department Assistant Director Development Services Title/Position Organization BACKGROUND: Provide an overview of the National Flood Insurance Program, administered by FEMA, and basics of a Flood Insurance Rate Map. LIST OF SUPPORTING DOCUMENTS: Presentation - Flood Maps Flood Maps Council Presentation January 12, 2016 Key Terminology • FEMA = Federal Emergency Management Agency • BFE = Base Flood Elevation • FIRM = Flood Insurance Rate Map • NFIP = National Flood Insurance Program • SFHA = Special Flood Hazard Area • *LiMWA = Limit of Moderate Wave Action • *Freeboard = Additional elevation requirement *Higher Standards Background • National Flood Insurance Program is a voluntary program. • HB 1018 requires that all Texas Cities and Counties join the National Flood Insurance Program. • Participation in the program makes federally backed flood insurance available to property owners in the participating community. • Community Rating System is a voluntary program which the City participates. It provides for Insurance discounts based on City's activities to mitigate flood hazards. • Flood Insurance is required as a condition of receiving federal financial assistance for home loans in a Special Flood Hazard Area. Flood Zones •X and Shaded X • No development requirements • Insurance is not required • AE (Special Flood Hazard Area) • Finished floor at or above the Base Flood Elevation • Fill is allowed • Insurance is required • VE (Special Flood Hazard Area) • Bottom of the lowest horizontal member at or above the Base Flood Elevation Fill is prohibited • Breakaway walls for enclosures below the Base Flood Elevation (access, parking & storage) • Insurance is required Limit of Moderate Wave Action • Fill is prohibited and the lowest horizontal member must be at or above the Base Flood Elevation. Wave height 3 feet BFE Flood level incitidnQ wave effects 100 -year stillwater elevation Shoreline Wave height 3.0-1.5 feet Properly elevated building LiMWA Wave height 1.5 Leet X Limit of base flooding and waves Unelevated building constructed before community entered the NFIP T Sand beach Buildings T Overland wind fetch T Vegetated region • Limit of SFHA FLOODWAY • Development and fill are prohibited unless you can show no rise and no adverse impact. dibb SPF( 1A.L.. FLOOD HAZARD AREA 100 -Year FIOod Evens 7//1 Straam Channel'. Flood Insurance Rate Map Freeboard • High Standard • Proposing 1 foot above minimum requirements • 1,240 Texas communities enrolled in National Flood Insurance Program as of 2014. • 294 of those communities participated in a higher standards survey. • Out of the 294 communities, 244 (83%) have adopted freeboard from 1 to 3 feet. • 68 of the communities participate in Community Rating System RiskMap6 CC FEMA Increasing Ras' hence Tjget n er 9 Questions ?