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Agenda Packet City Council - 08/30/2016
Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday,August 30, 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 ingl6s es limitado, habra un interprete ingl6s-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Reverend John Hardie, St. Mark's Episcopal Church. C. Pledge of Allegiance to the Flag of the United States to be led by Mike Markle, Chief of Police. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 16-1020 Proclamation declaring September 10, 2016, "2016 Alzheimer's Association Walk to End Alzheimers Day". Proclamation declaring September 11, 2016, "9/11 Day of Service and Remembrance". Proclamation declaring September 2016, "Attendance Counts Awareness Month". Proclamation declaring September 2016, "Childhood Cancer Awareness Month" and September 8, 2016, "Childhood Cancer Awareness Day". Commendation to Errol Summerlin. Federal Emergency Management Agency (FEMA) Community Rating System Certification for Floodplain Management. Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members. Corpus Christi Page 1 Printed on 8/31/2016 City Council Meeting Agenda-Final August 30, 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. 16-1018 Regular Meeting of August 23, 2016. Attachments: Minutes-August 23, 2016.pdf I. BOARD &COMMITTEE APPOINTMENTS: (NONE) 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 3 - 11) Corpus Christi Page 2 Printed on 8/31/2016 City Council Meeting Agenda-Final August 30, 2016 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. 3. 16-0883 Resolution in support of Residential Street Reconstruction Test Projects Resolution authorizing the City Manager or designee to proceed with the Residential Street Reconstruction Test Project to gather pricing and scoping information in order to develop a Residential Street Reconstruction Program. Attachments: Agenda Memo-Test Project Budget-Residential Recon Test Project Cost Estimates.xlsx Resolution -Residential Reconstruction Test Proiect.docx Presentation - Residential Street Reconstruction Test Projects 4. 16-0932 Second Reading Ordinance -Various Amendments to the Unified Development Code (1st Reading 8/23/16) Ordinance amending the Unified Development Code by revising subsection 4.2.5.B "Types of Yards", table 4.6.2 "Permitted Uses (Industrial Districts)" , table 4.6.3 "Nonresidential Use (Industrial Districts)", subsection 5.3.2.D "Garages, Private", subsection 7.9.5 "Zoning District Buffer Yard- New Development", subsection 7.9.6 "Zoning District Buffer Yard- Redevelopment", subsection 9.5.2. "Authority to Utilize for Single-Family Residence", subsection 9.5.3 "Regulations for Single-Family Use of Nonconforming Lots" and subsection 3.25.2 "Review Process"; providing for severance; providing for penalties; and providing for publication. Attachments: Agenda Memo- UDC Text Amendments Ordinance - UDC Text Amendments Presentation - UDC Text Amendments III 5. 16-0954 Second Reading Ordinance - Rezoning property located at 14101 Commodores Drive (1st Reading 8/23/16) Case No. 0716-05 Oceanic B.C., LLC: A change of zoning from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay. The property is described as Lot 21, Block 34, Island Fairway Estates, located west of South Padre Island Drive (Park Road 22) on the southern corner of Commodores Drive and Aquarius Street. Corpus Christi Page 3 Printed on 8/31/2016 City Council Meeting Agenda-Final August 30, 2016 Planning Commission and Staff Recommendation (July 27, 2016): Approval of the change of zoning from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay, subject to ten conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Oceanic B.C., LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 21, Block 34, Island Fairway Estates, from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Case 0716-05 Oceanic B.C. Ordinance -Case 0716-05 Oceanic B.C. Presentation -Caes 0716-05 Oceanic B.C. Zoning Report-Case 0716-05 Oceanic B.C. 6. 16-0955 Second Reading Ordinance - Rezoning property located at 1021 Agnes Street (1st Reading 8/23/16) Case No. 0716-07 V&M Equity Properties, LLC: A change of zoning from the "Cl" Intensive Commercial District and "RM-3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility. The property is described as Lot 10A, Block 10 Chamberlin's Subdivision, located on the south side of Agnes Street between South Staples Street and King Street. Planning Commission and Staff Recommendation (July 27, 2016): Approval of the change of zoning from the "Cl" Intensive Commercial District and the "RM-3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility, subject to the Owner meeting the requirements of the Unified Development Code and nine conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by V&M Equity Properties, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 10A, Block 10 Chamberlin's Subdivision, from the "Cl" Intensive Commercial District and "RM-3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility; amending the Comprehensive Corpus Christi Page 4 Printed on 8/31/2016 City Council Meeting Agenda-Final August 30, 2016 Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-V&M Equity Properties, LLC Ordinance -V&M Equity Properties.pdf Presentation -V&M Equity Properties.pptx Zoning Report-0716-07 V&M Equity Properties (Jeans's Restaurant SUpply).Qc 7. 16-0956 Second Reading Ordinance - Rezoning property located at 630 Robinson Street (1st Reading 8/23/16) Case No. 0716-03 Corpus Christi Hope House, Inc.: A change of zoning from the "RM-1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property is described as Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive. Planninq Commission and Staff Recommendation (July 13, 2016): .Denial of the change of zoning from the "RM-1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use, subject to seven conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Christi Hope House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Hope House, Inc..docx Ordinance - RM-1-SP- Recommended Ordinance -CG-1-SP Applicant's Request Presentation - Hope House (630 Robinson) Zoning Report-Hope House (630 Robinson).pdf 8. 16-0957 Second Reading Ordinance - Rezoning property located at 658 Robinson Street (1st Reading 8/23/16) Case No. 0716-04 Corpus Christi Hope House, Inc.: A change of zoning from the "RM-1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property is described as being the west or southwest portion of Lot 14 Corpus Christi Page 5 Printed on 8/31/2016 City Council Meeting Agenda-Final August 30, 2016 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, located on the northwest corner of Robinson Street and Swantner Drive. Planning Commission and Staff Recommendation (July 27, 2016): Denial of the change of zoning from the "RM-1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use, subject to six conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Corpus Christi Hope House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-0716-04 Hope House, Inc..docx Ordinance RM-1-SP- PC Recommendation.pdf Ordinance CG-1-SP.pdf Presentation -0716-04- Hope House (658 Robinson).pptx Zoning Report-0716-04 Hope House (658 Robinson).pdf 9. 16-0948 Second Reading Ordinance -Amending the Code of Ordinances regarding the Parking Advisory Committee (1st Reading 8/23/16) Ordinance amending Section 53-196 Parking Advisory Committee of the Corpus Christi Code of Ordinance to update membership composition; providing for severence and an effective date. Attachments: Agenda Memo-amend parking advisory committee 08.23.2016 Ordinance - Parking Advisory Member-2016 10. 16-0911 Second Reading Ordinance -Accepting and appropriating a grant to purchase equipment for the Emerging Robotics team (1st Reading 8/23/16) Ordinance authorizing the City Manager or designee to accept a grant from NuStar Energy L. P. in the amount of$2,500 to purchase equipment for the Emerging Robotics team; and appropriating $2,500 from NuStar Energy L.P. into the No. 1062 Fire Grant Fund to be used specifically to purchase equipment for the Emerging Robotics team. Corpus Christi Page 6 Printed on 8/31/2016 City Council Meeting Agenda-Final August 30,2016 Attachments: Agenda Memo-Grant for Emerging Robotics Team Ordinance- Grant for Emerging Robotics Team Award Letter- Grant for Emerging Robotics Team 11. 16-0949 Second Reading Ordinance -Accepting and appropriating a Regional Grant for the Web Based Emergency Operations Center (WebEOC) (1st Reading 8/23/16) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $15,000 for the benefit of the City's WebEOC operations; and appropriating $15,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support, training, and travel for the Corpus Christi Fire Department's WebEOC. Attachments: Agenda Memo-Grant for WebEOC Ordinance-Grant for WebEOC Award Letter-Grant for WebEOC L. EXECUTIVE SESSION: (ITEM 12) 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. 12. 16-1016 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters, (including litigation) between the City of Corpus Christi and the Corpus Christi Firefighters Association. M. PUBLIC HEARINGS: (ITEMS 13 - 15) 13. 16-0837 Public Hearing on Fiscal Year 2017 Ad Valorem Tax Rate Attachments: Agenda Memo- Public Hearing regarding FY17 Ad Valorem Tax Rate.doc 14. 16-0985 Public Hearing and First Reading Ordinance -Rezoning property located at 8110 and 8520 Agnes Street(State Highway 44) Case No. 0816-03 Rangeland Products Terminal, LLC: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial Corpus Christi Page 7 Printed on 8/31/2016 City Council Meeting Agenda-Final August 30, 2016 District with a Special Permit for a Heavy Industrial Use consisting of above ground storage tanks containing wholesale storage of fuels and lubricants. The subject property contains 189.1490 acres and is located at 8110 and 8520 Agnes Street (State Highway 44) between Agnes and Alpine Streets and between Chickery Street (unimproved) and Manning Road (County Road 53). Planning Commission and Staff Recommendation: Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to eight conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Rangeland Products Terminal, LLC on behalf of Norma Lee Stockseth and Rafael Leal Cavazos ("Owners"), by changing the UDC Zoning Map in reference to a 189.1490-acre tract of land located on Agnes Street (State Highway 44) west of Manning Road, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for the wholesale storage of fuels and lubricants; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-0816-03 Rangeland Products Terminal, LLC Revised Ordinance - Rangeland Revised Presentation - Rangeland Products Terminal, LLC rev 8-24-16 Zoning Report Rangeland Products Terminal, LLC 8-25-16 Revised 0816-03 15. 16-0987 Public Hearing on Fiscal Year 2016-2017 Operating Budget Public hearing for the City of Corpus Christi Fiscal Year 2016-2017 Operating Budget for August 30, 2016 during the regular City Council meeting beginning at 11:30 am at City Hall, 1201 Leopard Street, Corpus Christi, Texas. This budget will raise more total property taxes than last year's budget by $5,119,202 (General Fund $3,138,202 Debt Service Fund $1,981,000), or 4.8%, and of that amount an estimated $2,436,281 is tax revenue to be raised from new property added to the tax roll this year. Attachments: Agenda Memo- Public Hearing for FY 2016-2017 Operating Budget Presentation - FY2017 Budget Public Hearing Schedule of Adjustments FY17- Public Hearing N. REGULAR AGENDA: (ITEM 16) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 16. 16-0961 Approving the FY2016-2017 HOME Program set-aside funds Corpus Christi Page 8 Printed on 8/31/2016 City Council Meeting Agenda-Final August 30, 2016 Motion to approve the FY2016-2017 HOME Program set-aside funds in the amount of$231,634 and award the funding to Calallen Apartments. Attachments: Agenda Memo- HOME FY2016-2017 Presentation -Calallen Apartments O. FIRST READING ORDINANCES: (ITEMS 17 - 18) 17. 16-1005 First Reading Ordinance -Accepting and appropriating the FY 2015 Operation Stonegarden Grant Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$280,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2015 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's enforcement efforts to reduce border-security risk; and appropriating the $280,000 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo-Operation Stonegarden 08.30.2016 Ordinance -Operation Stonegarden -2016 Statement of grant award 18. 16-0960 First Reading Ordinance - Adoption of the 2015 International Property Maintenance Code (IPMC) Ordinance amending the Corpus Christi Code of Ordinances Chapter 13, Article II to repeal the Corpus Christi Property Maintenance Code, and to adopt the International Property Maintenance Code, 2015 Edition; providing for severance; providing for penalties; providing for publication; and providing for effective date. Attachments: Agenda Memo-Adoption of 2015 IPMC.1 Proposed Ordinance -Adopting 2015 IPMC 8.24.16 P. FUTURE AGENDA ITEMS: (ITEMS 19 - 24) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 19. 16-0969 Engineering Testing Agreement for Cefe F. Valenzuela Landfill FY 2016-2017 Groundwater Monitoring Motion authorizing the City Manager, or designee, to execute an engineering testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of$130,400 for the Cefe F. Valenzuela Landfill FY 2016-2017 Groundwater Monitoring. Corpus Christi Page 9 Printed on 8/31/2016 City Council Meeting Agenda-Final August 30, 2016 Attachments: Agenda Memo-Cefe F Valenzuela Groundwater Monitor Project Budget-Cefe Valenzuela Groundwater Monitoring with formulas Vicinity Map-Cefe Valenzuela Groundwater Monitoring Agreement-Cefe Valenzuela Form 1295 Tolunay Wong Presentation -Cefe Valenzuela FY 2016 to 2017 Groundwater Monitoring 20. 16-0970 Engineering Testing Agreement for J.C. Elliott Landfill FY 2016-2017 Groundwater Monitoring Motion authorizing the City Manager, or designee, to execute an engineering testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of$123,000 for the J.C. Elliott Landfill FY 2016-2017 Groundwater Monitoring. Attachments: Agenda Memo-JC Elliott Groundwater Monitor Project Budget-JC Elliott Groundwater Monitoring with formulas Vicinity Map-JC Elliott Groundwater Monitoring Agreement-JC Elliott Form 1295 Tolunav Woong Presentation -JC Elliott FY 2016 to 2017 Groundwater Monitoring 21. 16-0978 Resolution for the acquisition of real property rights by eminent domain for the Creek View Drive Extension Project (Bond 2014, Proposition 2) 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 parcel of land by fee simple title, collectively known as Parcel 1, for a street improvement project known as the Creek View Drive Extension Project; (2) authorizing the City Manager or 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 fee simple title in the property owned by the William E. McKinzie, Jr. Family Limited Partnership; (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. Attachments: Agenda Memo-Creek View Resolution -Creek View Vicinity Map-Creek View Drive Extension Agenda Presentation -Creek View Corpus Christi Page 10 Printed on 8/31/2016 City Council Meeting Agenda-Final August 30, 2016 22. 16-0944 Engineering Master Services Agreement for Water System Process Control and Reliability Motion authorizing the City Manager, or designee, to executed a Master Service Agreement with LNV, Inc. of Corpus Christi, Texas in the amount of$300,000, for the Water System Process Control and Reliability project. This project is in the approved FY 2014-2015 Capital Improvement Plan. Attachments: Agenda Memo-Water System Process Control.docx Project Budget-Water System Process Control.As Location Map-Water System Process Control.pdf Contract-Water System Process Control Presentation -Water System Process Control.pptx Form 1295-Water System Process Control.pdf 23. 16-0935 Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS) Motion authorizing the City Manager or his designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $157,060. Attachments: Agenda Memo- USGS Agreement Contract- USGS Agreement 24. 16-0959 Construction and donation of new Water Line by Port of Corpus Christi Authority in Joe Fulton International Trade Corridor Resolution authorizing the City Manager, or designee, to enter into an agreement with the Port of Corpus Christi Authority (POCCA) for the POCAA to design, construct and donate at no cost to the City a new 16-inch water main of approximately 14,250 linear feet to be used by the City to extend potable water service in an expanded area of the Joe Fulton International Trade Corridor. Attachments: Agenda Memo-Water Line Agreement with POCCA Resolution -Water Line Agreement with POCCA Agreement-Water Line Agreement with POCCA Q. FUTURE BOARD MEETING: (ITEM 25) 25. 16-0994 Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation Corpus Christi Page 11 Printed on 8/31/2016 City Council Meeting Agenda-Final August 30,2016 Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation Attachments: Agenda Memo-CCCIC Board Meeting 08-2016 CCCIC Board Meeting Agenda Minutes-September 8, 2015 CCCIC Treasurer's Report 07.31.16 CCCIC ByLaws R. BRIEFINGS: (ITEM 26) 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. 26. 16-1011 Water Supply (Discovery) - Demands Attachments: Agenda Memo-Water Supply(Discovery)- Demands 2016 08 30 Presentation-Water Supply Final Legistar Item 16-1011 S. ADJOURNMENT Corpus Christi Page 12 Printed on 8/31/2016 CorCorpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Tuesday,August 23, 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 Deacon Jesse Hinojosa, Diocese of Corpus Christi. Deacon Jesse Hinojosa gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Esther Velazquez, Executive Liaison for Special Projects. Executive Liaison for Special Projects Esther Velazquez 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 Margie C. Rose, City Attorney Miles K. Risley and City Secretary Rebecca Huerta. Present: 9- Mayor Nelda Marti nez,Council Member Rudy Garza,Council Member Michael Hunter,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Proclamation declaring August 26, 2016, "Women's Equality Day". Mayor Martinez presented the proclamation. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Corpus Christi Page 1 Printed on 8/26/2016 City Council Meeting Minutes August 23, 2016 Comments. City Manager Margie C. Rose reported on the following topic: a. OTHER City Manager Rose and Police Chief Mike Markle announced the promotion of the following police officers: Captain Kelly Isaacks to Commander, Lieutenant William Broyles to Captain, Lieutenant Patrick McMenamy to Captain, Senior Officer Steven Gonzalez to Lieutenant and Senior Officer Colby Burris to Lieutenant. The promotion ceremony will be held on Friday,August 26,2016 at 10:00 a.m. at Police Headquarters. H. MINUTES: 2. City Council Workshop Session of August 16, 2016 and Regular Meeting of August 16, 2016. Mayor Martinez referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Magill and passed unanimously. I. BOARD &COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 9) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. City Secretary Huerta announced that Council Member Magill was abstaining from the vote on Item 8. A council member requested to pull Item 6 for individual consideration. There were no comments from the public on the remaining agenda items. The consent agenda was passed and approved by one vote as follows: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 3. Engineering Construction contract for pavement markings Indefinite Delivery/Indefinite Quantity (IDIQ) Motion authorizing the City Manager or designee, to execute a construction contract with Highway Barricades and Services, LLC. of Corpus Christi, Texas in the amount of$173,250 for Pavement Markings Indefinite Delivery/Indefinite Quantity (IDIQ) for total base bid. This Motion was passed on the Consent Agenda. Corpus Christi Page 2 Printed on 8/26/2016 City Council Meeting Minutes August 23, 2016 Enactment No: M2016-095 4. Engineering Contract Amendment No. 3 for Nueces Bay System Salinity and Freshwater Inflow Monitoring Motion authorizing the City Manager or designee to execute Amendment No. 3 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University-Corpus Christi in the amount of$97,835 for a total restated fee not to exceed $386,555 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2016-2017. This Motion was passed on the Consent Agenda. Enactment No: M2016-096 5. Engineering Contract Amendment No. 6 for Nueces River Quality, Oso Creek Water Level &City of Corpus Christi Meteorological Monitoring Motion authorizing the City Manager or designee to execute Amendment No. 6 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University-Corpus Christi in the amount of$121,022 for a total restated fee not to exceed $775,696 for the Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2016-2017. This Motion was passed on the Consent Agenda. Enactment No: M2016-097 7. Second Reading Ordinance -Accepting the Texas Department of Health Services Community Preparedness Section-Laboratory Response Network Ebola Equipment (CPS/LRN-EBOLA) grant and ratifying acceptance of the grant agreement to begin June 10, 2016 (1st Reading 8/16/16) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Community Preparedness Section - Laboratory Response Network Ebola Equipment (CPS/LRN-EBOLA) grant in the amount of$200,000, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to purchase equipment to support accelerated local public health preparedness planning and operational readiness for responding to Ebola virus disease for the contract period June 10, 2016, through June 30, 2017; and ratifying acceptance of the grant agreement to begin June 10, 2016. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030932 Corpus Christi Page 3 Printed on 8/26/2016 City Council Meeting Minutes August 23, 2016 8. Second Reading Ordinance -Approving the sale of Penn Place Park (4302 Aaron) (1st Reading 9/16/16) Ordinance approving the sale of Penn Place Park (4302 Aaron) to Apostolic Assembly of the Faith in Christ Jesus for$100,000 and authorizing the City Manager to execute documents necessary to complete the real estate sales transaction. Council Member Magill abstained from the vote on this item. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030933 9. Second Reading Ordinance - Ordinance authorizing the City Manager or designee to execute a license with the River View at Calallen, LP located at 11930 Leopard Street (1st Reading 9/16/16) Ordinance authorizing the City Manager or designee to execute a License with River View at Calallen, LP ("Permittee") to install, operate, maintain, and remove a private two-inch sanitary sewer force main encased in six-inch Steel Pipe ("Wastewater Line") across the Leopard Street public street right-of-way, located west of Western Drive public right-of-way, subject to the Permittee' compliance with specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030934 6. Authorizing Collection Fee Contract for the collection of delinquent Municipal Court fees Motion to authorize the City Manager or designee to execute a contract for the collection of delinquent Municipal Court fees, fines and court costs with the law firm of Linebarger, Goggan, Blair, & Sampson, LLP for a fee of 30% of amounts collected on delinquent accounts turned over to law firm, with collection fee to be paid by defendants. This is a one-year contract and may be extended for up to three additional one-year terms. Mayor Martinez referred to Item 6. Director of Municipal Court Administration Gilbert Hernandez stated that the purpose of this item is to execute a contract for the collection of delinquent Municipal Court fees. Council members and staff discussed the following topics: outsourcing of collection services; whether there is in-house staff to handle collections;the number of Municipal Court cases that are delinquent;the collection process; whether warrants are issued for delinquent fees;whether payment plans are available; alternative methods for paying citations;the timeframe for the fines; the number of individuals that have applied as indigent; and the last quarterly Corpus Christi Page 4 Printed on 8/26/2016 City Council Meeting Minutes August 23, 2016 updated provided to the Municipal Court Committee regarding collection services. Mayor Martinez called for comments from the public.Abel Alonzo, 1701 Thames,spoke in support of the firm, Linebarger, Goggan, Blair&Sampson, LLP, and execution of the contract.John Kelley, 3621 Austin, asked the City Council to look at the cumulative impact of the fines,the cost,the 30% collection fees and issuance of warrants for those citizens that are unable to pay the delinquent accounts and requested to have the process re-evaluated. Susie Luna Saldana, 4710 Hakel,stated that the Municipal Court does not provide information about alternative methods of payment or alternatives to payment. Council Member McIntyre made a motion to approve the motion,seconded by Council Member Rosas. This Motion was passed and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2016-098 PUBLIC HEARINGS: (ITEM 12) 12. Public Hearing on Fiscal Year 2017 Ad Valorem Tax Rate Mayor Martinez deviated from the agenda and referred to Item 12. Director of Financial Services Constance Sanchez stated that the purpose of this item is to hold a public hearing on the FY2017 Ad Valorem Tax Rate. The State Property Tax Code requires that two public hearings be held when a taxing unit proposes a tax rate that exceeds either the rollback rate or the effective tax rate,whichever is lower. The City is proposing a tax rate of$0.606264 per$100 valuation for FY2016-2017. Since this rate exceeds the effective tax rate,two public hearings are required. The first public hearing is today and the second public hearing will be held on Tuesday,August 30,2016. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Mayor Martinez announced the following statement"During the September 13, 2016 City Council meeting beginning at 11:30 a.m. at City Hall,the City Council will vote on the proposed property tax rate." Corpus Christi Page 5 Printed on 8/26/2016 City Council Meeting Minutes August 23, 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. Mayor Martinez deviated from the agenda and referred to comments from the public. Huxley Smith, 1913 Thames,spoke regarding the status of the street construction on Williams Drive and Airline Road.John Kelley, 3621 Austin, spoke regarding the Federal Aviation Administration's rejection of the appeals regarding the windfarms near Chapman Ranch and proposed that the City withdraw the annexation. Jaime McQueen, 4234 Rapids Drive, expressed the following concerns with the proposed Calallen Apartments affordable housing complex,Agenda Item 25:the school district being at maximum capacity and the need for additional schools to accommodate students;traffic and safety concerns;the lack of public transportation; and limited services and jobs in the area.Abel Alonzo, 1701 Thames,spoke regarding Agenda Item 25 and expressed disappointment in individuals not supporting the affordable housing complex based on the financial background of the residents. Virgene Schwenke, 4407 FM 1069,Aransas Pass,spoke in support of the sale of City parks. Susie Luna Saldana,4710 Hakel,spoke in support of the Calallen Apartments affordable housing complex,Agenda Item 25. Melissa Zamora, 3917 Brawner Parkway,spoke regarding the following topics:the need for street repairs;water and infrastructure improvements; changing the time of City Council meeting; and the inability to research large industry. Larry White, 5506 Sarazen Drive, spoke regarding funding capital improvements with bonds and addressing funding for recurring maintenance costs. Rick Milby,4412 High Ridge Drive,encouraged the City Council and public to attend the joint Texas House of Representatives and Texas Senate Public Hearing on Thursday, August 25, 2016 at 10:00 a.m. at the Solomon Ortiz Center regarding the cruise ship industry possibly coming to Corpus Christi. Cathy Hobbs, 5793 Grand Lakes Circle, Robstown, Texas,spoke regarding Agenda Item 25, and expressed concern with the proposed Calallen Apartments affordable housing complex because of overcrowding in the school district and traffic and safety concerns. Ken Baker, 7421 Idle Hour Drive,spoke regarding the comparison between the City of McAllen and Corpus Christi on the condition of the streets and the rate of taxes and asked the City Council to not raise taxes. M. PUBLIC HEARINGS: (ITEMS 13 - 17) 13. Public Hearing and First Reading Ordinance -Various Amendments to the Unified Development Code Ordinance amending the Unified Development Code by revising subsection 4.2.5.13 "Types of Yards", table 4.6.2 "Permitted Uses (Industrial Districts)" , table 4.6.3 "Nonresidential Use (Industrial Districts)", subsection 5.3.2.D "Garages, Private", subsection 7.9.5 "Zoning District Buffer Yard- New Development", subsection 7.9.6 Corpus Christi Page 6 Printed on 8/26/2016 City Council Meeting Minutes August 23, 2016 "Zoning District Buffer Yard- Redevelopment", subsection 9.5.2. "Authority to Utilize for Single-Family Residence", subsection 9.5.3 "Regulations for Single-Family Use of Nonconforming Lots" and subsection 3.25.2 "Review Process"; providing for severance; providing for penalties; and providing for publication. Mayor Martinez referred to Item 13. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to consider several text amendments to the Unified Development Code(UDC). The proposed amendments address the following: allow for restaurant uses and reduced setback in Industrial Districts; remove language that was part of a previous amendment and provide clarification on setback regulations for garages; reduce buffer yard requirements for commercial development adjacent to a public or civic use; reduce requirements for non-conforming lots; and add language to allow staff more flexibility in giving recommendations to the Board of Adjustment. 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 Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 14. Public Hearing and First Reading Ordinance - Rezoning property located at 14101 Commodores Drive Case No. 0716-05 Oceanic B.C., LLC: A change of zoning from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay. The property is described as Lot 21, Block 34, Island Fairway Estates, located west of South Padre Island Drive (Park Road 22) on the southern corner of Commodores Drive and Aquarius Street. Planning Commission and Staff Recommendation (July 27, 2016): Approval of the change of zoning from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay, subject to ten conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Oceanic B.C., LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 21, Block 34, Island Fairway Estates, Corpus Christi Page 7 Printed on 8/26/2016 City Council Meeting Minutes August 23, 2016 from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 14. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property to allow the applicant to make revisions to the Planned Unit Development previously approved in 2015. 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 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 Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 15. Public Hearing and First Reading Ordinance - Rezoning property located at 1021 Agnes Street Case No. 0716-07 V&M Equity Properties, LLC: A change of zoning from the "Cl" Intensive Commercial District and "RM-3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility. The property is described as Lot 10A, Block 10 Chamberlin's Subdivision, located on the south side of Agnes Street between South Staples Street and King Street. Planning Commission and Staff Recommendation (July 27, 2016): Approval of the change of zoning from the "Cl" Intensive Commercial District and the "RM-3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility, subject to the Owner meeting the requirements of the Unified Development Code and nine conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by V&M Equity Properties, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 10A, Block 10 Chamberlin's Subdivision, from the "Cl" Intensive Commercial District and "RM-3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause Corpus Christi Page 8 Printed on 8/26/2016 City Council Meeting Minutes August 23, 2016 and publication. Mayor Martinez referred to Item 15. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property to allow for the expansion of the existing restaurant supply 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 Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 16. Public Hearing and First Reading Ordinance - Rezoning property located at 630 Robinson Street Case No. 0716-03 Corpus Christi Hope House, Inc.: A change of zoning from the "RM-1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property is described as Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive. Planning Commission and Staff Recommendation (July 13, 2016): ,Denial of the change of zoning from the "RM-1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use, subject to seven conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Corpus Christi Hope House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 16. Interim Director of Development Services Daniel McGinn stated that Items 16 and 17 are related to property located on Robinson Street. The purpose of this item is to rezone the subject property to Corpus Christi Page 9 Printed on 8/26/2016 City Council Meeting Minutes August 23, 2016 bring the existing facility, Hope House, into compliance and allow expansion of the facility. Hope House has existed at this location since 1992 and operates as a transitional housing facility which was allowed under the previous zoning ordinance. Under the new designation, the use does not conform with the Unified Development Code and the use was grandfathered which would not allow the applicant to expand. The applicant is requesting to rezone the property to"CG-1/SP"General Commercial District with a Special Permit to allow Hope House to come into compliance, be eligible for Community Development Block Grant(CDBG)funding and expand their existing business. Mr. McGinn stated that the Planning Commission and staff recommends denial of the change in zoning to "CG-1/SP"for a social service use and, in lieu thereof, approval of the"RM-1/SP" Multifamily 1 District with a Special Permit. Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing.A council member requested information on houses operating as transitional housing and the requirements. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 17. Public Hearing and First Reading Ordinance - Rezoning property located at 658 Robinson Street Case No. 0716-04 Corpus Christi Hope House, Inc.: A change of zoning from the "RM-1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property is described as being the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, located on the northwest corner of Robinson Street and Swantner Drive. Planning Commission and Staff Recommendation (July 27, 2016): Denial of the change of zoning from the "RM-1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use, subject to six conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Corpus Christi Hope House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use; amending the Corpus Christi Page 10 Printed on 8/26/2016 City Council Meeting Minutes August 23, 2016 Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 17. This item was discussed during Item 16. Mayor Martinez opened the public hearing. Thee 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 Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (ITEMS 18 - 20) 18. Resolution approving the FY 2016/2017 budget for the Corpus Christi Crime Control and Prevention District Resolution approving the FY 2016-2017 budget for the Corpus Christi Crime Control and Prevention District Mayor Martinez referred to Item 18. Police Chief Mike Markle stated that the purpose of this item is to approve the FY2016-2017 budget for the Corpus Christi Crime Control and Prevention District. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the resolution,seconded by Council Member Rosas. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030935 19. Second Reading Ordinance -Approving the Fiscal Year 2016-2017 Capital Budget and Capital Improvement Planning Guide (1st Reading 8/16/16) Ordinance approving the Fiscal Year 2016-2017 Capital Budget and Capital Improvement Planning Guide in the amount of $214,971,600. Mayor Martinez referred to Item 19.Assistant City Manager Mark Van Vleck Corpus Christi Page 11 Printed on 8/26/2016 City Council Meeting Minutes August 23, 2016 stated that the purpose of this item is to approve the FY2016-2017 Capital Budget and Capital Improvement Planning Guide(CIP). There were no comments from the public. Council Member Scott made a motion to approve the ordinance,seconded by Council Member Garza. Council Member Vaughn made a motion to amend the ordinance to remove the two items related to water(Oso South Area Water Line)and wastewater(Oso South Area Wastewater Line) lines for the annexed area near Chapman Ranch, seconded by Council Member Rosas.A brief discussion ensued regarding the removal of the items from the document. This motion was passed and approved with the following vote: Council Members Magill, Rosas, Rubio, Vaughn, and Hunter, voting "Aye"; Mayor Martinez, and Council Members McIntyre, Scott, and Garza,voting "No". In response to a question from a Council Member,Assistant City Manager Van Vleck stated that the City Council must adopt the CIP in order for the City to work on the projects. Council Member Rubio made a motion to approve the ordinance as amended, seconded by Council Member Vaughn. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030936 20. One Reading Action Item -Awarding Collier Pool Renovations Rebid - Part B to Second Lowest Responsible Bidder Resolution rescinding the award to Cruz Maintenance & Construction, Inc. (CMCI) in the amount of$598,874.00, authorizing the City Manager, or designee, to execute a construction contract with the second lowest responsible bidder, Barcom Construction, Inc. of Corpus Christi, Texas, in the amount of$632,673.00 and execute a claim against CMCI's bid bond in the amount of$33,799.00 for the Collier Pool Renovations Rebid - Part B (Restroom and Office Building) project due to failure of CMCI to comply with the terms and conditions of the Bid. (Bond 2012 Proposition 4 - Aquatic Facilities) Mayor Martinez referred to Item 20, Collier Pool Renovations (Bond 2012) Rebid - Part B. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to rescind the contract awarded to Cruz Maintenance& Construction, Inc. (CMCI) on June 14,2016 due to CMCI's inability to produce the required Performance and Payment Bonds which were due to be submitted by June 29, 2016. This action is required in order to proceed with the project. This item also authorizes the execution of the contract with Barcom Construction, Inc. in the amount of$632,673 and to execute a claim against CMCI's bid bonding company for the difference. Council Member Hunter Corpus Christi Page 12 Printed on 8/26/2016 City Council Meeting Minutes August 23, 2016 abstained from the discussion on this item. Mayor Martinez called for comments from the public. Christopher Cruz, President of CMCI,stated that CMCI was unable to produce the Performance and Payment Bonds during the time requested due to a change in insurance companies. Mr. Cruz said CMCI is now able to produce the bonds and requested that the City Council deny rescinding the award to CMCI. Council members spoke regarding the following topics:the time period that has been allowed since the required 14 days to submit bonds; CMCI being part of the previous Job Order Contracts (JOC) program and current contractor of the Facility Multiple Award Contract(FMAC); how CMCI's company was impacted by the discontinued JOC;the timing to change insurance;the terms in the contract to produce bonds;whether Collier Pool is ready to start construction;whether Part A of the contract is currently moving forward;when is the first day construction could start on Part B;whether CMCI could provide the bonds today;the expiration date of Barcom's bid and whether they would extend the validity of the bid; the definition of insurance, performance payment and bid bonds; analyzing whether 14 days is a reasonable amount of time to produce the bonds; and consideration to pass the resolution with a automatic effective date in seven days should CMCI not be able to produce the required documents. City Attorney Miles K. Risley stated that staff would bring back a resolution by the end of the meeting with the automatic-effective-date-language for consideration. Note: The following Enactment No. results from action taken on this item later in this agenda. Enactment No: 030937 L. EXECUTIVE SESSION: (ITEMS 10 - 11) Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session. 10. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters, (including litigation) between the City of Corpus Christi and the Corpus Christi Firefighters Association. This E-Session Item was discussed in executive session. 11. Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to conveyance, lease or sale of City property and pursuant to Texas Government Code § 551.072 to discuss and deliberate the purchase, exchange, lease, and/or value of City-owned property at/near State Highway 286 and/or Ayers Street where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Corpus Christi Page 13 Printed on 8/26/2016 City Council Meeting Minutes August 23, 2016 This E-Session Item was discussed in executive session. O. FIRST READING ORDINANCES: (ITEMS 21 -23) 21. First Reading Ordinance -Amending the Code of Ordinances regarding the Parking Advisory Committee Ordinance amending Section 53-196 Parking Advisory Committee of the Corpus Christi Code of Ordinance to update membership composition; providing for severence and an effective date. Mayor Martinez referred to Item 21. Police Chief Mike Markle stated that the purpose of this item is to amend Section 53-196 of the City's Code of Ordinances regarding the Parking Advisory Committee. The membership composition needs to be amended to rename the Corpus Christi Beach Task Force to the North Beach Community Association. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 22. First Reading Ordinance -Accepting and appropriating a grant to purchase equipment for the Emerging Robotics team Ordinance authorizing the City Manager or designee to accept a grant from NuStar Energy L. P. in the amount of$2,500 to purchase equipment for the Emerging Robotics team; and appropriating $2,500 from NuStar Energy L.P. into the No. 1062 Fire Grant Fund to be used specifically to purchase equipment for the Emerging Robotics team. Mayor Martinez referred to Item 22. Deputy Fire Chief Richie Quintero stated that the purpose of this item is to accept and appropriate a grant from NuStar Energy L.P. in the amount of$2,500 to purchase equipment for the Emerging Robotics team. There were no comments from the Council or the public. Council Member Hunter 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 Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Corpus Christi Page 14 Printed on 8/26/2016 City Council Meeting Minutes August 23, 2016 23. First Reading Ordinance -Accepting and appropriating a Regional Grant for the Web Based Emergency Operations Center (WebEOC) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $15,000 for the benefit of the City's WebEOC operations; and appropriating $15,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support, training, and travel for the Corpus Christi Fire Department's WebEOC. Mayor Martinez referred to Item 23. Deputy Fire Chief Richie Quintero stated that the purpose of this item is to accept and appropriate a grant from the Coastal Bend Regional Advisory Council in the amount of$15,000 to support the City's Web Based Emergency Operations Center(WebEOC). There were no comments from the Council or the public. Council Member Hunter 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 Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 24 - 25) Mayor Martinez referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had planned presentations on Items 24 and 25. 24. Resolution in support of Residential Street Reconstruction Test Projects Resolution authorizing the City Manager or designee to proceed with the Residential Street Reconstruction Test Project to gather pricing and scoping information in order to develop a Residential Street Reconstruction Program. This Resolution was recommended to the consent agenda. 25. Approving the FY2016-2017 HOME Program set-aside funds Motion to approve the FY2016-2017 HOME Program set-aside funds in the amount of$231,634 and award the funding to Calallen Apartments. This Motion was recommended to the regular agenda. Corpus Christi Page 15 Printed on 8/26/2016 City Council Meeting Minutes August 23, 2016 Q. BRIEFINGS: (ITEM 26) 26. Bayshore Park Design / Build Update -August 2016 Mayor Martinez referred to Item 26. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to provide an update on the design of Bayshore Park. The presentation team included Director of Engineering Services Jeff Edmonds and Phillip Skrobarczyk, Fulton Construction. Ms.Anaya presented the following information: the location map;the master site plan and overview of the improvements; the design of the restroom building at McCaughn Park; renderings of Sherrill Park; and the project schedule. Council members and the presentation team discussed the following topics: whether there is reinforced grass in the special event space; potential grant opportunities for the area; improvements to the parking control area;the private donation for the dog park area; the new kids playground and adult fitness area;shade structures at Sherrill Park;the significance of the one-way traffic control and improved access to the L-Head;the surface improvements to Shoreline; discussion regarding private sponsorship of painted-on activity areas and other programming opportunities; minimal-maintenance bathrooms; removal of the medians in the parking lot; improvements to bike lanes; whether irrigation improvements are included in the park spaces; the reasons for designing two half-basketball courts instead of full courts at the multi-purpose area;funding opportunities with pavers and bench nameplates; shower design; that funding for the project was approved by the voters as part of Bond 2008, Proposition 7; and consideration to hire a grant writer. REGULAR AGENDA: (ITEM 20) 20. One Reading Action Item -Awarding Collier Pool Renovations Rebid - Part B to Second Lowest Responsible Bidder Resolution rescinding the award to Cruz Maintenance & Construction, Inc. (CMCI) in the amount of$598,874.00, authorizing the City Manager, or designee, to execute a construction contract with the second lowest responsible bidder, Barcom Construction, Inc. of Corpus Christi, Texas, in the amount of$632,673.00 and execute a claim against CMCI's bid bond in the amount of$33,799.00 for the Collier Pool Renovations Rebid - Part B (Restroom and Office Building) project due to failure of CMCI to comply with the terms and conditions of the Bid. (Bond 2012 Proposition 4 - Aquatic Facilities) Mayor Martinez deviated from the agenda and returned to Item 20, Collier Pool Renovations (Bond 2012) Rebid-Part B. City Attorney Miles K. Risley stated the following language was added to the resolution: Section 6. This resolution becomes effective on Tuesday,August 30, 2016, at 9:00 a.m. upon the determination of the City Manager or designee that the lowest responsible bidder, CMCI,failed to deliver Performance and Payment bonds acceptable to the City in accordance with the bid specification. Corpus Christi Page 16 Printed on 8/26/2016 City Council Meeting Minutes August 23, 2016 City Secretary Huerta announced that Council Member Hunter was abstaining on this item. Council Member Garza made a motion to amend the resolution,seconded by Council Member Rosas and passed unanimously(Council Member Hunter- abstained). Council Member Magill made a motion to approve the resolution as amended, seconded by Council Member Rubio. This Resolution was passed as amended and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 1 - Council Member Hunter Enactment No: 030937 R. ADJOURNMENT The meeting was adjourned at 3:54 p.m. Corpus Christi Page 17 Printed on 8/26/2016 SC 00 v AGENDA MEMORANDUM NCpgPOpp(EO Future Agenda for the City Council Meeting of August 23, 2016 1852 Action Item for the City Council Meeting of August 30, 2016 DATE: August 18, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services 0effreye(a)cctexas.com (361) 826-3851 Andres Leal, Jr., P. E., Interim Director of Street Operations jeffreye@cctexas.com (361) 826-3851 Resolution in support of Residential Street Reconstruction Test Projects CAPTION: Resolution authorizing the City Manager or designee to proceed with the Residential Street Reconstruction Test Project to gather pricing and scoping information in order to develop a Residential Street Reconstruction Program. PURPOSE: The purpose of this Agenda Item is to obtain authority to perform test projects as a preliminary effort towards development of a citywide Residential Street Reconstruction Program. BACKGROUND AND FINDINGS: Staff has been working to develop a citywide Residential Street Reconstruction Program. Several areas have been identified which support the idea of doing one or more test residential street reconstruction projects to better define the program and more accurately project costs. 1 One critical concern is a lack of data for pricing residential street reconstruction work. (Recent cost estimates were based on Bond 2008 paving assessment projects.) Additionally, design, scoping and more detailed construction requirements need to be developed in order to execute the program more effectively. Two streets sections were identified as representative "test" projects: Ralston Street from South Staples to Alameda in District 2, and Rogerson Drive from McArdle to Sunnybrook in District 3. These street sections were selected as examples of some of the worst residential street sections in the city, each of which has different characteristics and conditions. The two test sites will be designed and bid as separate construction projects with execution of design and construction monitored and evaluated in order to develop more effective program processes and expectations. Residential streets selected for reconstruction/rehabilitation under the implementation of a residential street reconstruction program will be prioritized and selected in accordance with ranking elements developed and determined by the Ad Hoc Residential Street Infrastructure Committee and staff. Upon Council approval, an engineering contract will be issued for design, construction, and bid document development for reconstruction of Ralston Street and Rogerson Drive. If approved, the design phase for the test projects would begin in Fall 2016 with bidding anticipated in early 2017. Construction would likely start in Spring 2017. Funds for the projects will be provided from the Residential/Local Street Reconstruction Fund(No. 1042) current fund balance, and Fiscal 2016 and 2017 revenues. REVENUE-FUND 1042 Fiscal 2015 Fiscal 2016 Fiscal 2017 Fund Balance $ 1,000,000 General Fund(End of Fiscal Year) $ 1,193,384 $ 1,000,000 Industrial District(January) $ 450,850 $ 455,000 $ 1,000,000 $ 1,644,234 $ 1,455,000 TOTAL AVAILABLE FUNDS $ 4,099,234 ALTERNATIVES: Council could not approve the Resolution. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This item adheres to all City policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency 2 DEPARTMENTAL CLEARANCES: Street Operations Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year Project to Date 2015-2016 Expenditures Current Year Future Years TOTALS (CIP only) Budget (This element of work $0.00 $0.00 only) Encumbered / Expended Amount $0.00 $0.00 This item $0.00 $0.00 Future Anticipated Expenditures This $0.00 $0.00 Project BALANCE $0.00 $0.00 Fund(s): RECOMMENDATION: City staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Estimated Project Budget Resolution Presentation 3 RESIDENTIAL RECONSTRUCTION - TEST PROJECTS Ralston Rogerson CONSTRUCTION Street Utilities Street Utilities Construction $ 1,394,377 $ 764,851 $ 1,005,289 $ 317,481 ARCHITECT/ENGINEER(A/E)SERVICES Design: 6.0% $ 83,663 $ 45,891 $ 60,317 $ 19,049 Street Water Wastewater Solid Waste Gas Additional Services: 3.0% $ 41,831 $ 22,946 $ 30,159 $ 9,524 Permit ROW Survey Topo Environmental Public Involvement SUE Traffic Analysis Pavement Lifecycle Testing(Geotech&Quality) 1.5% $ 20,916 $ 11,473 $ 15,079 $ 4,762 Total A/E Services 10.5% $ 146,410 $ 80,309 $ 105,555 $ 33,335 ADMINISTRATION("Soft Costs") Contract Administration(Fin.,Budg.,Cont.Admins 2.0% $ 27,888 $ 15,297 $ 20,106 $ 6,350 Engineering Services(Proj.Mgrs.,Support) 3.0% $ 41,831 $ 22,946 $ 30,159 $ 9,524 Construction Inspection*: 3.5% $ 48,803 $ 26,770 $ 35,185 $ 11,112 Construction Observation Inspection Warranty Misc.(Printing,Adv.,etc.) 0.3% $ 4,183 $ 2,295 $ 3,016 $ 952 Total"Soft"Costs 8.8% $ 122,705 $ 67,307 $ 88,465 $ 27,938 TOTAL NON-CONSTRUCTION COSTS 19.3% $ 269,115 $ 147,616 $ 194,021 $ 61,274 TOTAL PROJECT COSTS $ 1,663,492 $ 912,467 $ 1,199,309 $ 378,754 GRAND TOTAL $ 2,575,960 $ 1,578,064 TOTAL STREET COST $ 2,862,801 TOTAL UTILITIES COST $ 1,291,222 GRAND TOTAL $ 4,154,023 REVENUE-FUND 1042 Fiscal 2015 Fiscal 2016 Fiscal 2017 Fund Balance $ 1,000,000 General Fund(End of Fiscal Year) $ 1,193,384 $ 1,000,000 Industrial District(January) $ 450,850 $ 455,000 $ 1,000,000 $ 1,644,234 $ 1,455,000 TOTAL AVAILABLE FUNDS $ 4,099,234 All percentages(%)are%of Construction Estimated Cost *Construction Inspection services are done by both internal staff Note. Construction includes replacement of C&G and ADA on both sides Resolution authorizing the City Manager or designee to proceed with the Residential Street Reconstruction Test Project to gather pricing and scoping information in order to develop a Residential Street Reconstruction Program. WHEREAS, in October 2015, City Council created the Ad Hoc Residential Street Infrastructure Advisory Committee to evaluate and provide recommendations for a Residential Street Reconstruction Program; WHEREAS, the Ad Hoc Residential Street Infrastructure Advisory Committee presented its final report to City Council in June 2016 that included several recommendations; WHEREAS, Staff has been working to develop a Residential Street Reconstruction Program and has identified several areas that support the idea of doing one or more test projects to better define the scope and costs of the program; WHEREAS, Staff has identified two street sections as representative test projects because the sections represent some of the worst residential street sections in the city and each section has different characteristics and conditions; WHEREAS, Staff will use the information from the test projects and the recommendations from the Ad Hoc Residential Street Infrastructure Advisory Committee to further develop the Residential Street Reconstruction Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to proceed with the Residential Street Reconstruction Test Project by reconstructing Ralston Street, from South Staples Street to Alameda Street, and Rogerson Drive, from McArdle Road to Sunnybrook Road. SECTION 2. 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 Nelda Martinez City Secretary Mayor Corpus Christi, Texas of , 2016 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn .GSTY OF coy roonfi �r � G C REeow9T T - LOCAL��� RSIOENTIAL Residential/Local Reconstruction Test Projects Ralston Street & Rogerson Drive Council Presentation �� August 23, 2016 Vicinity Map , CORPUS CHRISTI BAY P � I Z f N 0 I- ES ES / ORG RALSTON B R ` LOCATION O HORNE ROGERSON LOCATION �L` l Z W 2 Ralston Street °oma Alameda to Staples L . - — LCUISI nN a I 2F O SG1LE NIS IN RALSTON LOCATION w TON Lu Va 'ANG DEF�RRES Ralston Street Staples towards Swanter Ralston Street ,w_. . � Staples to Swantner @ Swantner 5 `oRpus cX�s Ralston • • J —h Swantner towards f99� F � I ,�y't32 .Mpii.✓ems, t k w -. t i Ralston Street Reid Towards Alameda ro 0 Y-i" - oil TRogerson Sunnybrook to McArdle SCALE N.T.S SUNNYBROOK uj MANSHEIM L � r f ROGERSON `oQeus�yq�Hy Rogerson Drive At • • own,. z r ¢p U5 CH VO 9 4 P Rogerson • • Drive Y' • 10 a •ggx USLCH,� o° fie m k Rogerson Between Mansheim & McArdle M a Rogerson Drive LL Near McArdle arAQ„.L � 1 Residential/Local Reconstruction F Co"US Ch q�s a DiscussionirL � R.a ovP Extending the life of our streets. SC GO O� v AGENDA MEMORANDUM NCaHPOPPIS Public Hearing and First Reading for the City Council Meeting of August 23, 2016 1852 Second Reading for the City Council Meeting of August 30, 2016 DATE: August 9, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing —Various Amendments to the Unified Development Code CAPTION: Ordinance amending the Unified Development Code by revising subsection 4.2.5.13 "Types of Yards", table 4.6.2 "Permitted Uses (Industrial Districts)", table 4.6.3 "Nonresidential Use (Industrial Districts)", subsection 5.3.2.D "Garages, Private", subsection 7.9.5 "Zoning District Buffer Yard- New Development", subsection 7.9.6 "Zoning District Buffer Yard- Redevelopment", subsection 9.5.2. "Authority to Utilize for Single-Family Residence", subsection 9.5.3 "Regulations for Single-Family Use of Nonconforming Lots" and subsection 3.25.2 "Review Process"; providing for severance; providing for penalties; and providing for publication. PURPOSE: The purpose of this item is to update the regulations of the Unified Development Code (UDC) to improve its function and implementation. BACKGROUND AND FINDINGS: The Unified Development Code (UDC) became effective July 1, 2011. As part of the continued improvement to address the city's development needs staff has presented several text amendments that have been approved by the Planning Commission and City Council since the adoption of the UDC. Today, staff is proposing the following new text amendments: @BCL@78056065 Page 1 of 3 PERMITTED USES 1. Table 4.6.2: Permitted Uses (Industrial districts) The Restaurant use is being amended from `subject to limitations' to `permitted' in the IL(Light Industrial) district and in the IH (Heavy Industrial) district, it is being amended from `not permitted' to `permitted'. Both changes will facilitate development in those districts. SETBACK REGULATIONS 2. 4.2.5.8: Types of Yards is being amended to comply with 5.3.2.D.3 which states a private garage facing only a public right of way, not including an alley, shall conform to the required street yards for the zoning district. 3. Table 4.6.3: Non-Residential Uses (Industrial Districts) is being amended by reducing the five foot side yard setback and ten foot rear yard setback to zero, to allow maximum use of lot when not abutting a residential use. 4. 5.3.2.D: Garages, Private is being amended to eliminate sections no longer needed after a previous UDC amendment passed in 2/21/2012 (Ord. # 029376). The amendment also helps code users by reiterating a requirement for garage setbacks. BUFFER YARDS 5. 7.9.5: Zoning District Buffer Yards for New Development and 7.9.6: Zoning District Buffer Yards for Re-Development are being amended to allow a commercially-zoned property not to install a buffer yard when abutting a public or civic use, such as a postal office, thereby allowing for maximum use of the lot. Public or civic uses are allowed in residential zoning districts. Since they are a nonresidential use, there is no need to protect them from other commercial or office uses. NON-CONFORMING LOTS OF RECORD 6. 9.5.2: Authority to Utilize for Single-Family Residence and 9.5.3: Regulations for Single-Family Use of Nonconforming Lots are being amended to provide an increased opportunity for infill on lots that do not conform with current development standards. BOARD OF ADJUSTMENT 7. 3.25.2 Review Process for variances is being amended to give staff the flexibility to make a recommendation or not on zoning variance requests that are heard by the Board of Adjustment. @BCL@78056065 Page 2 of 3 ALTERNATIVES: Denial or alteration of the proposed text amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed text amendments conform to City policy. EMERGENCY /NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital •Not applicable Project to Date Fiscal Year: 2015- Expenditures Current 2016 (CIP only) Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance @BCL@78056065 Page 3 of 3 Ordinance amending the Unified Development Code by revising subsection 4. 2 . 5 . B " Types of Yards" , table 4.6.2 "Permitted Uses (Industrial Districts)", table 4.6.3 "Nonresidential Use (Industrial Districts)", subsection 5.3.2.D "Garages, Private", subsection 7.9.5 "Zoning District Buffer Yard- New Development", subsection 7.9.6 "Zoning District Buffer Yard- Redevelopment", subsection 9.5.2. "Authority to Utilize for Single-Family Residence", subsection 9.5.3 "Regulations for Single-Family Use of Nonconforming Lots" and subsection 3.25.2 "Review Process"; providing for severance; providing for penalties; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 27, 2016, during a meeting of the Planning Commission, and on Tuesday, August 23, 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 to the UDC would best serve the public's health, necessity, convenience, and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: Permitted Uses (Industrial Uses): UDC Article 4 "Base Zoning Districts", table 4.6.2 "Permitted Uses (Industrial Districts)" is amended as stated below. Article 4 Base Zoning Districts 4.6 Industrial Districts 4.6.2 Permitted Uses Table 4.6.2 Permitted Uses (Industrial districts) INDUSTRIAL DISTRICTS P= Permitted Use L=Subject to Limitations SUE=Special Use Exception SP =Special Permit IL IH Standards [blank cell] =Not Permitted Commercial Uses Commercial Parking Uses[5.1.4.A] P Fairgrounds P Office Uses[5.1.4.C] P Restaurant Uses[5.1.4.F] SECTION 2: Setback Regulations: UDC Article 4 "Base Zoning Districts", subsection 4.2.5.13 "Types Ordinance -UDC Text Amendments III Pagel of 5 of Yards", table 4.6.3 "Nonresidential Uses (Industrial Districts)", and Article 5 "Use Regulations", subsection 5.3.2.D "Garages, Private", are amended as stated below. Article 4 Base Zoning Districts 4.2 Measurements 4.2.5 Yards 4.2.5.6 Types of Yards 4. Private garages and carports detached or attached to the main building, which are entered from the street er 'IF*' shall maintain a minimum setback of 20 feet in front of the garage or carport from such street. 4.6 Industrial Districts 4.6.3 District Development Standards Table 4.6.3 Nonresidential Use Industrial District INDUSTRIAL DISTRICTS IL IH Min Lot Area (sq.ft.) Min.Lot Width (ft.) Min.Yards (ft.) Street 20 20 Street(corner) 20 20 Side(single) -5 0 -5 0 Side(total) a-8 0 a-9 0 Rear a-8 0 a-9 0 Side and rear,abutting res.district 40 40 Max Height (ft.) SeeSection 4.2.8.0 Article 5 Use Regulations 5.3 Accessory Uses and Structures 5.3.2 Specific Accessory Uses and Structures 5.3.2.11) Garages, Private 1. 0&444i-stFat4� Note.: This seGtiep was deleted by QFd�pape-e 029376, passed 02�94,42042. 7 Tho c dl.;rd1 in subpaFagFaph 59 Z 7 —D �1 Shall nr�t .apply tri• s�r���,r crn--rrvc-cxp pr�c� a A gaPa a faGiRg on alley; , b. A garage se onU onodldli} noTnxi-4Tcct lrn_r rtlit_z q�fcrii_Qt yard; G.A rvaFage IGn.Rti-99-1hah�d��oGrth Prinnipal 6461GGWFe� G� d- 4 cidlo_Inoded gaPa a not lGGatodl nn o nnrnor Int 31. A private garage that faces a public right-of way, not including an alley, shall conform to the required street yards for the zoning district, but in no case shall it be less than 20 feet. 4,2. Garages for single family residences must not exceed 49% of the main building. If there is a garage attached to the main principal structure, the garage is included as part of the main building for the calculation of the 49%. 5 3. A private garage that faces an alley shall be set back a minimum of 3 feet. Ordinance -UDC Text Amendments III Page 2 of 5 SECTION 3: Buffer Yards: UDC Article 7 "General Development Standards" subsection 7.9.5 "Zoning District Buffer Yard for New Development", and subsection 7.9.6 "Requirements- Redevelopment" are amended as stated below. Article 7 General Development Standards 7.9 Required Zoning District Buffer Yards 7.9.5 Zoning District Buffer Yard for New Development A. Requirements — New Development The following table shall be used to determine the type of zoning district buffer yard required between adjacent zoning districts. The subject property, excluding those zoned IC, IL, or IH, shall not be required to buffer from a public or civic use. 7.9.6 Zoning District Buffer Yard — Redevelopment A. Requirements— Redevelopment The following table shall be used to determine the type of zoning district buffer yard required between adjacent zoning districts. The subject property, excluding those zoned IC, IL, or IH, shall not be required to buffer from a public or civic use. SECTION 4: Nonconforming Lots of Record: Article 9 "Nonconformities", subsection 9.5.2 "Authority to Utilize for Single-Family Residence" and subsection 9.5.3 "Regulations for Single-Family Use of Nonconforming Lots" are amended as stated below. Article 9 Nonconformities 9.5 Nonconforming Lots on Record 9.5.2 Authority to Utilize for Single-Family Residence In any district in which single-family detached dwellings are a permitted use, notwithstanding the regulations imposed by any other provisions of this Article, a single-family detached dwelling that complies with the restrictions of this subsection may be erected on a non-conforming lot that: is Pet loss +her 25 foo+ ;r ,.,0.•I+h „r loss mnro than 45 foot aAd- that- , A. Has less than the required minimum lot area or width with a minimum of h + is; nnf loss than 2,57,99 2,000 square feet in area and less than 5,000 square feet in area and a minimum of 25 feet in width; 9.5.3 Regulations for Single-family Use of Nonconforming Lots C. Except for lots with a width equal to or greater than 45 feet , Tthe sum of the widths of the two side yards shall not be less than the smaller of: 1. 25% of the width of the lot; or 2. The minimum total for both side yards prescribed by the development standards of the applicable zoning district. Ordinance -UDC Text Amendments III Page 3 of 5 SECTION 5. Board of Adjustment: Article 3 "Development Review Procedures" subsection 3.25.2 "Review Process" is amended as stated below. Article 3 Development Review Procedures 3.25 Variance 3.25.2. Review Process A. Staff Review The Assistant City Manager of Development Services shall review the application and, considering the review criteria in Subsection 3.25.3, may make a recommendation to the Board of Adjustment. SECTION 6. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 7. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Ordinance -UDC Text Amendments III Page 4 of 5 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Ordinance -UDC Text Amendments III Page 5 of 5 Unified Development Code Text Amendments City Council Presentation August 23, 2016 Proposed Changes • Industrial Districts: allow for restaurant uses and reduce the side and rear yard setbacks to 0 feet. • Garages: clean up to remove language that was part of a previous amendment in 2012 and provide further clarification on setback from alleys and public streets. • Buffer Yards: reduces requirements on commercial development adjacent to a public or civic use (post office, military office, federal or state office). • Non-conforming lots: reduces requirements to qualify, opening up additional lots for redevelopment (2,500 to 2,000 sq. ft.). • Board of Adjustment: adds language to allow staff more flexibility in giving a recommendation on variance cases. Permitted Uses Article 4 Base Zoning Districts 4.6 Industrial Districts 4.6.2 Permitted Uses Table 4.6.2 Permitted Uses (Industrial districts) INDUSTRIAL DISTRICTS P=Permitted Use L=Subject to Limitations SUE=Special Use Exception SP=Special Permit IL IH Standards [blank cell] =Not Permitted Commercial Uses Commercial Parking Uses[5.1.4.A] P Fairgrounds P Office Uses[5.1.4.C] P Restaurant Uses[5.1.4.F] S1 1 Setback Regulations Article 4 Base Zoning Districts 4.2 Measurements 4.2.5 Yards 4.2.5.6 Types of Yards 4.Private garages and carports detached or attached to the main building,which are entered from the street e� a shall maintain a minimum setback of 20 feet in front of the garage or carport from such street. I& Setback Regulations 4.6.3 District Development Standards Table 4.6.3 Nonresidential Use Industrial District INDUSTRIAL DISTRICTS IL iH Min Lot Area(sq.ft.) Min.Lot Width(ft.) Min.Yards(ft.) Street 20 20 Street(corner) 20 20 Side(single) 0 0 Side(total) 4-8 0 4-8 0 Rear 4-8 0 4Q 0 Side and rear,abutting res.district 40 40 Max Height(ft.) See Section 4.2.8.0 Setback Regulations Article 5 Use Regulations 5.3 Accessory Uses and Structures 5.3.2 Specific Accessory Uses and Structures 5.3.2.D Garages, Private 7 The standard OR subparagraph 5.3.2.D.1 shall Ret apply+n. a. A garage faniRg a alleys d. A side leaded garagG n+IGAR-t8 I n r In+ 31.A private garage that faces a public right-of way, not including an alley, shall conform to the required street yards for the zoning district, but in no case shall it be less than 20 feet. 4 2.Garages for single family residences must not exceed 49%of the main building. If there is a garage attached to the main principal structure,the garage is included as part of the main building for the calculation of the 49%. a 3.A private garage that faces an alley shall be set back a minimum of 3 feet. 0 Buffer Yards Article 7 General Development Standards 7.9 Required Zoning District Buffer Yards 7.9.5 Zoning District Buffer Yard for New Development A. Requirements—New Development The following table shall be used to determine the type of zoning district buffer yard required between adjacent zoning districts.The subject property, excluding those zoned IC, IL, or IH, shall not be required to buffer from a public or civic use. Buffer Yards 7.9.6 Zoning District Buffer Yard—Redevelopment A. Requirements—Redevelopment The following table shall be used to determine the type of zoning district buffer yard required between adjacent zoning districts.The subject property, excluding those zoned IC, IL, or IH, shall not be required to buffer from a public or civic use. s Nonconforming Lots Article 9 Nonconformities 9.5 Nonconforming Lots on Record 9.5.2 Authority to Utilize for Single-Family Residence In any district in which single-family detached dwellings are a permitted use, notwithstanding the regulations imposed by any other provisions of this Article, a single-family detached dwelling that complies with the restrictions of this subsection may be erected on a non-conforming lot that: net lass than 25 foo+;. width„r Iecc Pq e+hi;p 45 feet, Rd that A.Has less than the required minimum lot area or width with a minimum of 2598 2,000 square feet in area and less than 5,000 square feet in area and a minimum of 25 feet in width; 6 Nonconforming Lots 9.5.3 Regulations for Single-family Use of Nonconforming Lots C.Except for lots with a width equal to or greater than 45 feet,4=the sum of the widths of the two side yards shall not be less than the smaller of. 1.25%of the width of the lot;or 2.The minimum total for both side yards prescribed by the development standards of the applicable zoning district. Board of Adjustment Article 3 Development Review Procedures 3.25 Variance 3.25.2. Review Process A. Staff Review The Assistant City Manager of Development Services shall review the application and, considering the review criteria in Subsection 3.25.3, may make a recommendation to the Board of Adjustment. 11 SC 00 o� � v AGENDA MEMORANDUM NCpgPGpp(EO Public Hearing and First Reading for the City Council Meeting of August 23, 2016 is52 Second Reading for the City Council Meeting of August 30, 2016 DATE: August 2, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 14101 Commodores Drive CAPTION: Case No. 0716-05 Oceanic B.C., LLC: A change of zoning from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay. The property is described as Lot 21, Block 34, Island Fairway Estates, located west of South Padre Island Drive (Park Road 22) on the southern corner of Commodores Drive and Aquarius Street. PURPOSE: The purpose of this item is to rezone the property to allow a townhouse development that deviates from the typical standards. RECOMMENDATION: Planning Commission and Staff Recommendation (July 27, 2016): Approval of the change of zoning from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay subject to the following ten conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the guidelines of the "Cape Commodore Planned Unit Development." The development of the Property is to consist of 20 townhouse units and 3 common areas and shall be constructed in one phase. The PUD on this property would allow for daily rental townhomes. 2. Density: The number of dwelling units on the Property shall not exceed 20. 3. Building Height: The maximum height of any structure on the Property is 45 feet. 4. Parking: The Property must have a minimum of 63 standard parking spaces, including shared spaces and those within garages. Parking is prohibited along the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setbacks shall be as set forth in the PUD: front yard requirement shall be a minimum of 15 feet to the building and 20 feet to the garage; corner street yard shall be a minimum of 20 feet; side yard shall be 0 feet; and the rear yard shall be a minimum of 10 feet. The minimum building separation is 10 feet. The minimum lot width shall be 22 feet. 6. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The Property shall provide the lots with access to a two-way private street with a width of not less than 20 feet with one-foot wide ribbon curbs on each side and a six-foot wide sidewalk on one side. The private streets shall be striped to indicate "Fire Lane/No Parking". The private street shall have access onto Commodores Drive only for emergency vehicles, and the driveway onto Commodores Drive shall be gated at all times and comply with Fire Department requirements to allow access. 8. Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street and the Owner shall construct a pedestrian access path from the parking areas to the pedestrian access. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster if placed in the street yard. 10.Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Vote Results For: 8 Against: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay to allow the construction of a 20-unit townhouse community. Lots 1-20 on the site plan are the residential lots while Lots 21-23 are common area lots. The three common area lots may contain improvements including decks, a pool, porch, pavement, fencing, landscaping, utilities and similar community structures. The common areas will be maintained by the Home Owners Association. Planned Unit Developments (PUDs) allow for reasonable deviations from required development standards and allow increased flexibility in project design. The proposed PUD for a townhouse development will deviate from development standards with regards to lot size, lot width, open space, street width, curb type, and sidewalk design. This PUD will allow daily, weekly and monthly rental of the individual units. The proposed rezoning is consistent with the Comprehensive Plan and will not have a negative impact upon the surrounding neighborhood. The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. The subject property is suitable for the uses proposed by this rezoning. ALTERNATIVES: 1. Modify the conditions of the Planned Unit Development; 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang-Padre Island ADP and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for Tourist uses. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital •Not applicable Project to Date Fiscal Year: 2015- Expenditures 2016 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Oceanic B.C., LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 21, Block 34, Island Fairway Estates, from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay; 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 by Oceanic B.C., 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, July 27, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS- TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS- TH/PUD" Townhouse District with a revised Planned Unit Development Overlay, and on Tuesday, August 23, 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 Oceanic B.C., LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning in reference to Lot 21, Block 34, Island Fairway Estates, located west of South Padre Island Drive (Park Road 22) on the southern corner of Commodores Drive and Aquarius Street, from the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay to the "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay (Zoning Map No. 029027) as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is the Cape Commodore Planned Unit Development (PUD) Guidelines and Master Site Plan for the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following ten conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the guidelines of the "Cape Commodore Planned Unit Development." The development of the Property is to consist of 20 townhouse units and 3 common areas and shall be constructed in one phase. The PUD on this property would allow for daily rental townhomes. 2. Density: The number of dwelling units on the Property shall not exceed 20. 3. Building Height: The maximum height of any structure on the Property is 45 feet. 4. Parking: The Property must have a minimum of 63 standard parking spaces, including shared spaces and those within garages. Parking is prohibited along the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setbacks shall be as set forth in the PUD: front yard requirement shall be a minimum of 15 feet to the building and 20 feet to the garage; corner street yard shall be a minimum of 20 feet; side yard shall be 0 feet; and the rear yard shall be a minimum of 10 feet. The minimum building separation is 10 feet. The minimum lot width shall be 22 feet. 6. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The Property shall provide the lots with access to a two-way private street with a width of not less than 20 feet with one -foot wide ribbon curbs on each side and a six-foot wide sidewalk on one side. The private streets shall be striped to indicate "Fire Lane/No Parking". The private street shall have access onto Commodores Drive only for emergency vehicles, and the driveway onto Commodores Drive shall be gated at all times and comply with Fire Department requirements to allow access. 8. Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street and the Owner shall construct a pedestrian access path from the parking areas to the pedestrian access. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster if placed in the street yard. 10. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. 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. 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. 0716-05 Ordinance, Cape Commodore PUD Page 2 of 3 SECTION 5. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. 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. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0716-05 Ordinance, Cape Commodore PUD Page 3 of 3 RS -6 �O 33 0 t 4p SUBJECT PROPERTY 400 CR -2 800 Feet Date Created: 7/11/2016 Prepared By: IvetteM Department of Development Services CASE: 0716-05 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 SUBJECT/ PROPERTY WHITECAP LOCATION MAP City of Corpus Christi Exhibit A CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND, CORPUS CHRISTI, TEXAS OWNER OCEANIC B.C., LLC SUBMITTED BY NAISMITH ENGINEERING, INC. ENGINEER: CRAIG B. THOMPSON, P.E. SOUTH TEXAS PRIME DESIGN GROUP, INC. DESIGNER: JON HALL JUNE 2016 NEI: 9188 NaismithEngineering,Inc ARCHITECTURE■ ENGINEERING ■ ENVIRONMENTAL ■ SURVEYING ESTABLISHED 1949 4501 Gollihar Road. Corpus Christi, TX 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com EXHIBIT B CONTENTS DEVELOPMENT DESCRIPTION 3 DEVELOPMENT LOCATION MAP 3 ADJACENT LAND USE AND ZONING 3 LOT LAYOUT 4 DEVELOPMENT DEVIATIONS 4 DEVELOPMENT GUIDELINES 5 OPEN SPACE LAYOUT 7 VEHICULAR AND PEDESTRIAN ACCESS 8 PARKING REQUIREMENTS 8 TYPICAL CROSS SECTION 9 CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 2 EXHIBIT B DEVELOPMENT DESCRIPTION The Cape Commodore Planned Unit Development (PUD) consists of a Master Site Plan of 1.32 Acres of a Re - Plat of Lot 21, of Block 34, Island Fairway Estates, at the intersection of Commodores Dr. and Aquarius St. on Padre Island. The development is a planned community that will consist of 20 single-family units and 3 common areas. The property currently sits on vacant land and is zoned at RS-TH/PUD. The applicant proposes a new PUD. The Future Land Use Plan designates the property for Medium Density Residential uses, less than 22 units per acre. DEVELOPMENT LOCATION MAP Commodores,D Google Maps Imagery Date: February 2016 ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 3 EXHIBIT B CURRENT LAND USE ZONING North of Property Vacant and Public/Semi Public RS -6 South of Property Commercial CR -2 East of Property Commercial RM -3 West of Property Commercial CR -2 CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 3 EXHIBIT B LOT LAYOUT The following is the Lot Layout for the development: DEDICATION OF ORIGINAL BOUNDARY LINE. eoRDER REVISED TO AIEETIAINIAIUAI REQUIRED RADIUS. \;O NCbG, OUARus S: mo Ro!A _ _ RES':OEN'AL LOT I] COAMCA AREA LO' ..I. PUDBOtNDARY PROPER'Y BOUNDARY LINE PROPERTY BOUNDARY UNE The following table indicates the Development Deviations: DEVELOPMENT DEVIATIONS DESCRIPTION ZONING / PLATTING ORDINANCE REQUIREMENT (RS-TH) PUD REQUIREMENTS Lot Area in Square Feet Minimum = 2,600 Maximum = N/A Minimum = 1,230 Maximum = 1,600 Lot Width at Front in Feet Minimum = 26 Maximum = N/A Minimum = 22 Maximum = N/A Right-of-way / Access Easement 50 feet 28 feet Pavement Width in Feet Minimum = 28 Minimum = 22 Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non -Corner 10 Building = 15 Garage Door = 20 Street—Corner 10 20 Side — Single 0 0 Side —Total 0 0 Rear 5 10 Open Space — Percent Minimum 30 30 Building Height— Maximum in Feet 45 45 Building Spacing — Minimum in Feet 10 10 Parking Requirement Per Unit 2 per unit 2 per unit Curb Type Standard 6" Curb and Gutter 1' Ribbon Curb Sidewalk 5' width on both sides 6' width on one side of road CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) EXHIBIT B Page 4 DEVELOPMENT GUIDELINES The following tables indicate the Development Guidelines for each lot type within the development: DEVELOPMENT LOTS DESCRIPTION BLOCK NUMBER*1 Usage LOT NUMBERS Lot Area in Square Feet Residential Lot(s) *1 1 1, 2, 3, 4, 13, 14, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 11, 12, 19, 20 Commercial Lot(s) *1 N/A 0 N/A Building Height — Maximum in Feet Common Area Lot(s) *1 1 As per International Building Code 21, 22, 23 2 Maintenance *1 —AS PER MASTER SITE PLAN Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. RESIDENTIAL LOTS DESCRIPTION REQUIREMENTS Usage Residential Lot Area in Square Feet Minimum = 1,230 Maximum = 1,600 Lot Width at Front in Feet Minimum = 22 Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non -Corner Street—Corner Side — Single Side —Total Rear Building — 15 Garage — 20 20 0 0 10 Building Height — Maximum in Feet 45 Building Spacing — Minimum in Feet As per International Building Code Parking Requirement Per Unit 2 Maintenance Lot Owner and/or Home Owners Association (HOA) Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, and landscaping. Rental Daily, weekly, and monthly rentals are allowed in CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 5 EXHIBIT B COMMON AREA LOTS DESCRIPTION REQUIREMENTS Usage Non-Residential Structures supporting the Community Lot Area in Square Feet Minimum = N/A Maximum = N/A Lot Width at Front in Feet Minimum = N/A Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non-Corner 10 Street—Corner 10 Side —Single 5 Side —Total 10 Rear 10 Building Height — Maximum in Feet 1-story Building Spacing — Minimum in Feet As per International Building Code Parking Requirement 1 per 15,000 SF *1 Landscape Requirement Common Lots 21, 22, and 23 will be landscaped per UDC 7.3 and the design shall be done by an authorized designer. Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. *1— The development is a designed to be walkable and the common areas are intended for the residences only; The parking and landscape requirement is for lots 21 and 22 only. THIS PORTION OF THE PAGE INTENTIONALLY LEFT BLANK CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 6 EXHIBIT B The following is the Open Space Layout for the development: OPEN SPACE LAYOUT OPEN SPACE CALCULATION QUANTITY (SQUARE FEET) QUANTITY (ACRE) Total Area of PUD 57,513 1.32 Impervious Area Total Residential Buildable Area 1 18,124 0.42 Total Residential Driveway Area 2 7,646 0.17 PERCENT OF Access Area 3 14,347 0.33 AREA Total Non -Open Space (Impervious Area) 40,207 0.92 70% Total Open Space (Pervious Area) 4 17,306 0.40 30% 1 Maximum area that can be constructed 2 Area from YR to Back of curb excluding sidewalk area 3 Area of all Pavement and Sidewalk 4 Minimum Open Space required is 30% o Oy OPEN PACE FESIDENTNL BI .DIBLE AREA STREET PAVEMENT & DRIVEWAY SOENPLK OM PLO BOUNDARY 10X5' DUMPS TER'.T REOURED SCREENNG CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 7 EXHIBIT B VEHICULAR AND PEDESTRIAN ACCESS The Vehicular and Pedestrian Access for the development is indicated below. The entrance into the development will provide a 24 foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of 22' wide from edge of pavement throughout with fire land striping and signage installed. The development will provide a sidewalk and additional sidewalks may be provided to promote walkability and access to amenities that are not indicated. 7 AOUARUS ST_(B(BO'ROYB Neff, B.ERGBlCV GATE FCR EMERGENCY \ ACCESS ' STREET PAVEMENT& DPoVEWAY SIDEWALK dm PUS BOUNDARY WIOE EMERGENCY MOVEMENT PARKING REQUIREMENTS The following is the Parking Requirements for the development: LOT TYPE REQUIREMENTS QUANTITY OF LOTS QUANTITY OF PARKING REQUIRED QUANTITY OF PARKING PROVIDED Residential 1 2 5 2 per unit 20 40 40 Guest Parking 2 1 per 5 units 20 4 19 Common Area 4 1 per 15,000 SF 3 2 1 3 Total: 45 63 1— Each Residential unit shall have a Garage capable of holding one (1) common sized vehicle. 2 — Each Residential unit will have a driveway capable of holding two (2) common sized vehicles, with one (1) being for guest common sized vehicle. 3— Parking can be provided within the unit or anywhere within the limits of the development. 4 — Lot 21 & 22 SQFT 9,253.94 5— Lot 18 shall be required not to have a garage and be required to have only 2 parking spaces and no guest parking requirement. CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 8 EXHIBIT B TYPICAL CROSS SECTION The following are Typical Cross Section(s) for the development: Cross Section A 20' DRIVEWAY 20' PAVEM ENT 1' 1' CURB CURB 18' DRIVEWAY 6' SIDEWALK 5' SIDEWALK CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 9 EXHIBIT B For illustration purposes only. Residential structures may vary. Cross Section B 1'l A4 1, 20' UE 1-15' UE 32.79' AEU E 4.79' 20' DRIVEWAY 6' SIDEWALK 20' PAVEMENT 1' 1' CURB CURB For illustration purposes only. Residential structures may vary. CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 10 EXHIBIT B Aerial Overview 1 N Aerial At N PUD Layout PUD Conditions 1. Master Site Plan: The Owners shall develop the Property in accordance with the guidelines of the "Cape Commodore Planned Unit Development." The development of the Property is to consist of 20 townhouse units and 3 common areas and shall be constructed in one phase. The PUD on this property would allow for daily rental townhomes. 2. Density: The number of dwelling units on the Property shall not exceed 20. 3. Building Height: The maximum height of any structure on the Property is 45 feet. 4. Parking: The Property must have a minimum of 63 standard parking spaces, including shared spaces and those within garages. Parking is prohibited along the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setbacks shall be as set forth in the PUD: front yard requirement shall be a minimum of 15 feet to the building and 20 feet to the garage; corner street yard shall be a minimum of 20 feet; side yard shall be 0 feet; and the rear yard shall be a minimum of 10 feet. The minimum building separation is 10 feet. The minimum lot width shall be 22 feet. PUD Conditions 6. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The Property shall provide the lots with access to a two-way private street with a width of not less than 20 feet with one -foot wide ribbon curbs on each side and a six-foot wide sidewalk on one side. The private streets shall be striped to indicate "Fire Lane/No Parking". The private street shall have access onto Commodores Drive only for emergency vehicles, and the driveway onto Commodores Drive shall be gated at all times and comply with Fire Department requirements to allow access. 8. Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street and the Owner shall construct a pedestrian access path from the parking areas to the pedestrian access. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster if placed in the street yard. T 10. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. PLANNING COMMISSION FINAL REPORT Case No. 0716-05 HTE No. 16-10000011 Planning Commission Hearing Date: July 27, 2016 Applicant & Legal Description Applicant/Owner: Oceanic B.C., LLC Representatives: Thomas Tiffin, Naismith Engineering Legal Description/Location: Lot 21, Block 34, Island Fairway Estates, located west of South Padre Island Drive (Park Road 22) on the southern corner of Commodores Drive and Aquarius Street. Zoning Request From: "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay To: "RS-TH/PUD" Townhouse District with a revised Planned Unit Development Overlay Area: 1.132 acres Purpose of Request: To allow construction of a 20 -unit townhouse community. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS-TH"/PUD Townhouse District with a Planned Unit Development Vacant Medium Density Residential North "RS -6" Single -Family 6 District Vacant and Public/Semi-Public Low Density Residential & Park South "CR -2" Resort Commercial District Commercial Commercial East "RM -3" Multifamily 3 District Vacant Low Density Residential West "CR -2" Resort Commercial Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Mustang -Padre Island Area Development Plan and is planned for medium density residential uses. Map No.: 030027 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located on the southern corner of Commodores Drive and Aquarius Street (formerly Estrada Drive), both of which are "C1" Minor Residential Collector streets. "Cl" Collectors have a maximum desirable Average Daily Trips (ADT) of 1,000 to 3,000. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Commodores"C1" Drive Collector 60' ROW 40' paved 120' ROW 100' paved Not Available Aquarius Street "C1" CollectorAvailable 60' ROW 40' paved 80' ROW 40' paved Not Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-TH/PUD" Townhouse District with a Planned Unit Development to the "RS-TH/PUD" Townhouse District with a Revised Planned Unit Development to allow the construction of a 20 -unit townhouse community. Development Plan: The subject property is comprised of 1.132 acres and is proposed to be developed into a non -gated community that will consist of twenty (20) single-family units or townhouses with three common area lots (21-23). The density proposed is less than 22 units per acre. The entrance into the development will provide a twenty-four (24) foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of twenty-two (22) feet wide from edge of pavement throughout with fire lane striping and signage installed. A six-foot sidewalk will be provided on one side of the private drive and additional walkways may be provided to promote walkability and access to the amenities. The PUD indicates that a total of 63 parking spaces will be provided compared to the 45 spaces required. Each residential unit will have a garage capable of holding one common sized vehicle (except Lot 18) and a driveway capable of holding two common sized vehicles. Lot 18 will have a driveway capable of holding two common sized vehicles. Otherwise, on all lots except Lot 18, one of the driveway parking areas is intended to satisfy the guest parking requirement. Parking can be provided within the lots or anywhere within the limits of the development, except where otherwise prohibited. Lots 1-20 on the site plan are the residential lots while lots 21-23 are common area lots. The 3 common area lots may contain improvements including decks, a pool, porch, pavement, fencing, landscaping, utilities and similar community structures. The common areas will be maintained by the Home Owners Association. This PUD will allow the daily, weekly and monthly rentals. The following table compares the proposed PUD development standards to the "RS-TH" Townhouse District standards. Planning Commission Final Report Page 3 Development Deviations Table Minimum Dimensions "RS-TH" District Standards Proposed PUD Deviation Site Area 20,000 sq. ft. 49,310 sq. ft. No Lot Area 2,600 sq. ft. 1,230 sq. ft. Yes Lot Width 26 ft. 22 ft. Yes Street Dimensions 50' ROW 28' ROW Yes Front Yard 10 ft. 15 ft; Building 20 ft.; Garage Door No Side Yard 0 ft. 0 ft. No Rear Yard 5 ft. 10 ft. No Building Separation 10 ft. 10 ft. No Open Space 30% 30% No Maximum Height 45 ft. 45 ft. No Paved Street Width 28 ft. 20 ft. Yes Curb Type 6 -in. curb & gutter 1' Ribbon Curb Yes Parking Requirement 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 3 spaces provided on each lot* No Sidewalks 5 ft. on both sides or 6 ft. on both sides of private street 6 ft. on one side of private street No *Lot 18 — 2 spaces Existing Land Uses & Zoning: The subject property is vacant and zoned "RS- TH"/PUD Townhouse District with a Planned Unit Development Overlay. North of the subject property is zoned "RS -6" Single -Family 6 District and consists of vacant land and a fire station. South of the subject property is zoned "CR -2" Resort Commercial District and consists of the Schlitterbahn Water Resort. East of the subject property is zoned "RM -3" Multifamily 3 District and is vacant. West of the subject property is zoned "CR -2" Commercial Resort District and is also vacant land. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property will be replatted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang -Padre Island ADP and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for Tourist uses. The proposed rezoning is also consistent with the following polices of the Comprehensive Plan: • Planned Unit Development and other creative land planning techniques should be encouraged (Residential Policy Statement K). • Tourist -oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). Planning Commission Final Report Page 4 • The City will continue to protect residential neighborhoods from encroachment of non-residential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated (Policy Statement B.13). Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes, lot widths, open space, sidewalk width, and street width and non-traditional street construction standards, while maintaining the required site area, building height, and building separation. • The subject property consists of a single platted lot with infrastructure already in place. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. • The master preliminary plat is generally consistent with all zoning requirements for the property. • The proposed provision and configuration of roads and utilities is adequate to serve the property. • The schedule of the development is feasible and assures that the proposed development will progress to completion within the time limits proposed. • The location, size, and sequence of the development proposed assures orderly and efficient development of the land subject to the plat. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM -AT" Multifamily Apartment Tourist District to the "RS-TH/PUD" Townhouse with a Planned Unit Development, subject to the following ten conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the guidelines of the "Cape Commodore Planned Unit Development." The development of the Property is to consist of 20 townhouse units and 3 common areas and shall be constructed in one phase. The PUD on this property would allow for daily rental townhomes. 2. Density: The number of dwelling units on the Property shall not exceed 20. 3. Building Height: The maximum height of any structure on the Property is 45 feet. 4. Parking: The Property must have a minimum of 63 standard parking spaces, including shared spaces and those within garages. Parking is prohibited along the private street and pedestrian walkways. Planning Commission Final Report Page 5 5. Setbacks and Lot Width: Minimum setbacks shall be as set forth in the PUD: front yard requirement shall be a minimum of 15 feet to the building and 20 feet to the garage; corner street yard shall be a minimum of 20 feet; side yard shall be 0 feet; and the rear yard shall be a minimum of 10 feet. The minimum building separation is 10 feet. The minimum lot width shall be 22 feet. 6. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The Property shall provide the lots with access to a two-way private street with a width of not less than 20 feet with one -foot wide ribbon curbs on each side and a six-foot wide sidewalk on one side. The private streets shall be striped to indicate "Fire Lane/No Parking". The private street shall have access onto Commodores Drive only for emergency vehicles, and the driveway onto Commodores Drive shall be gated at all times and comply with Fire Department requirements to allow access. 8. Pedestrian Access: A minimum six-foot wide sidewalk shall be constructed along one side of the private street and the Owner shall construct a pedestrian access path from the parking areas to the pedestrian access. 9. Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster if placed in the street yard. 10. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Public Notification Number of Notices Mailed — 48 within 200 -foot notification area 5 outside notification area As of August 2, 2016: 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. Cape Commodore PUD Guidelines 3. Application 4. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0716-05 Cape Commodore (Oceanic)\Council Documents\Report for CC -Oceanic B.C., LLC.docx RS -6 �O 33 0 t 4p SUBJECT PROPERTY 400 CR -2 800 Feet Date Created: 7/11/2016 Prepared By: IvetteM Department of Development Services CASE: 0716-05 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 SUBJECT/ PROPERTY WHITECAP LOCATION MAP City of Corpus Christi Exhibit A CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND, CORPUS CHRISTI, TEXAS OWNER OCEANIC B.C., LLC SUBMITTED BY NAISMITH ENGINEERING, INC. ENGINEER: CRAIG B. THOMPSON, P.E. SOUTH TEXAS PRIME DESIGN GROUP, INC. DESIGNER: JON HALL JUNE 2016 NEI: 9188 NaismithEngineering,Inc ARCHITECTURE■ ENGINEERING ■ ENVIRONMENTAL ■ SURVEYING ESTABLISHED 1949 4501 Gollihar Road. Corpus Christi, TX 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com EXHIBIT B CONTENTS DEVELOPMENT DESCRIPTION 3 DEVELOPMENT LOCATION MAP 3 ADJACENT LAND USE AND ZONING 3 LOT LAYOUT 4 DEVELOPMENT DEVIATIONS 4 DEVELOPMENT GUIDELINES 5 OPEN SPACE LAYOUT 7 VEHICULAR AND PEDESTRIAN ACCESS 8 PARKING REQUIREMENTS 8 TYPICAL CROSS SECTION 9 CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 2 EXHIBIT B DEVELOPMENT DESCRIPTION The Cape Commodore Planned Unit Development (PUD) consists of a Master Site Plan of 1.32 Acres of a Re - Plat of Lot 21, of Block 34, Island Fairway Estates, at the intersection of Commodores Dr. and Aquarius St. on Padre Island. The development is a planned community that will consist of 20 single-family units and 3 common areas. The property currently sits on vacant land and is zoned at RS-TH/PUD. The applicant proposes a new PUD. The Future Land Use Plan designates the property for Medium Density Residential uses, less than 22 units per acre. DEVELOPMENT LOCATION MAP Commodores,D Google Maps Imagery Date: February 2016 ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 3 EXHIBIT B CURRENT LAND USE ZONING North of Property Vacant and Public/Semi Public RS -6 South of Property Commercial CR -2 East of Property Commercial RM -3 West of Property Commercial CR -2 CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 3 EXHIBIT B LOT LAYOUT The following is the Lot Layout for the development: DEDICATION OF ORIGINAL BOUNDARY LINE. eoRDER REVISED TO AIEETIAINIAIUAI REQUIRED RADIUS. \;O NCbG, OUARus S: mo Ro!A _ _ RES':OEN'AL LOT I] COAMCA AREA LO' ..I. PUDBOtNDARY PROPER'Y BOUNDARY LINE PROPERTY BOUNDARY UNE The following table indicates the Development Deviations: DEVELOPMENT DEVIATIONS DESCRIPTION ZONING / PLATTING ORDINANCE REQUIREMENT (RS-TH) PUD REQUIREMENTS Lot Area in Square Feet Minimum = 2,600 Maximum = N/A Minimum = 1,230 Maximum = 1,600 Lot Width at Front in Feet Minimum = 26 Maximum = N/A Minimum = 22 Maximum = N/A Right-of-way / Access Easement 50 feet 28 feet Pavement Width in Feet Minimum = 28 Minimum = 22 Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non -Corner 10 Building = 15 Garage Door = 20 Street—Corner 10 20 Side — Single 0 0 Side —Total 0 0 Rear 5 10 Open Space — Percent Minimum 30 30 Building Height— Maximum in Feet 45 45 Building Spacing — Minimum in Feet 10 10 Parking Requirement Per Unit 2 per unit 2 per unit Curb Type Standard 6" Curb and Gutter 1' Ribbon Curb Sidewalk 5' width on both sides 6' width on one side of road CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) EXHIBIT B Page 4 DEVELOPMENT GUIDELINES The following tables indicate the Development Guidelines for each lot type within the development: DEVELOPMENT LOTS DESCRIPTION BLOCK NUMBER*1 Usage LOT NUMBERS Lot Area in Square Feet Residential Lot(s) *1 1 1, 2, 3, 4, 13, 14, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 11, 12, 19, 20 Commercial Lot(s) *1 N/A 0 N/A Building Height — Maximum in Feet Common Area Lot(s) *1 1 As per International Building Code 21, 22, 23 2 Maintenance *1 —AS PER MASTER SITE PLAN Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. RESIDENTIAL LOTS DESCRIPTION REQUIREMENTS Usage Residential Lot Area in Square Feet Minimum = 1,230 Maximum = 1,600 Lot Width at Front in Feet Minimum = 22 Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non -Corner Street—Corner Side — Single Side —Total Rear Building — 15 Garage — 20 20 0 0 10 Building Height — Maximum in Feet 45 Building Spacing — Minimum in Feet As per International Building Code Parking Requirement Per Unit 2 Maintenance Lot Owner and/or Home Owners Association (HOA) Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, and landscaping. Rental Daily, weekly, and monthly rentals are allowed in CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 5 EXHIBIT B COMMON AREA LOTS DESCRIPTION REQUIREMENTS Usage Non-Residential Structures supporting the Community Lot Area in Square Feet Minimum = N/A Maximum = N/A Lot Width at Front in Feet Minimum = N/A Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non-Corner 10 Street—Corner 10 Side —Single 5 Side —Total 10 Rear 10 Building Height — Maximum in Feet 1-story Building Spacing — Minimum in Feet As per International Building Code Parking Requirement 1 per 15,000 SF *1 Landscape Requirement Common Lots 21, 22, and 23 will be landscaped per UDC 7.3 and the design shall be done by an authorized designer. Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. *1— The development is a designed to be walkable and the common areas are intended for the residences only; The parking and landscape requirement is for lots 21 and 22 only. THIS PORTION OF THE PAGE INTENTIONALLY LEFT BLANK CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 6 EXHIBIT B The following is the Open Space Layout for the development: OPEN SPACE LAYOUT OPEN SPACE CALCULATION QUANTITY (SQUARE FEET) QUANTITY (ACRE) Total Area of PUD 57,513 1.32 Impervious Area Total Residential Buildable Area 1 18,124 0.42 Total Residential Driveway Area 2 7,646 0.17 PERCENT OF Access Area 3 14,347 0.33 AREA Total Non -Open Space (Impervious Area) 40,207 0.92 70% Total Open Space (Pervious Area) 4 17,306 0.40 30% 1 Maximum area that can be constructed 2 Area from YR to Back of curb excluding sidewalk area 3 Area of all Pavement and Sidewalk 4 Minimum Open Space required is 30% o Oy OPEN PACE FESIDENTNL BI .DIBLE AREA STREET PAVEMENT & DRIVEWAY SOENPLK OM PLO BOUNDARY 10X5' DUMPS TER'.T REOURED SCREENNG CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 7 EXHIBIT B VEHICULAR AND PEDESTRIAN ACCESS The Vehicular and Pedestrian Access for the development is indicated below. The entrance into the development will provide a 24 foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of 22' wide from edge of pavement throughout with fire land striping and signage installed. The development will provide a sidewalk and additional sidewalks may be provided to promote walkability and access to amenities that are not indicated. 7 AOUARUS ST_(B(BO'ROYB Neff, B.ERGBlCV GATE FCR EMERGENCY \ ACCESS ' STREET PAVEMENT& DPoVEWAY SIDEWALK dm PUS BOUNDARY WIOE EMERGENCY MOVEMENT PARKING REQUIREMENTS The following is the Parking Requirements for the development: LOT TYPE REQUIREMENTS QUANTITY OF LOTS QUANTITY OF PARKING REQUIRED QUANTITY OF PARKING PROVIDED Residential 1 2 5 2 per unit 20 40 40 Guest Parking 2 1 per 5 units 20 4 19 Common Area 4 1 per 15,000 SF 3 2 1 3 Total: 45 63 1— Each Residential unit shall have a Garage capable of holding one (1) common sized vehicle. 2 — Each Residential unit will have a driveway capable of holding two (2) common sized vehicles, with one (1) being for guest common sized vehicle. 3— Parking can be provided within the unit or anywhere within the limits of the development. 4 — Lot 21 & 22 SQFT 9,253.94 5— Lot 18 shall be required not to have a garage and be required to have only 2 parking spaces and no guest parking requirement. CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 8 EXHIBIT B TYPICAL CROSS SECTION The following are Typical Cross Section(s) for the development: Cross Section A 20' DRIVEWAY 20' PAVEM ENT 1' 1' CURB CURB 18' DRIVEWAY 6' SIDEWALK 5' SIDEWALK CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 9 EXHIBIT B For illustration purposes only. Residential structures may vary. Cross Section B 1'l A4 1, 20' UE 1-15' UE 32.79' AEU E 4.79' 20' DRIVEWAY 6' SIDEWALK 20' PAVEMENT 1' 1' CURB CURB For illustration purposes only. Residential structures may vary. CAPE COMMODORE PLANNED UNIT DEVELOPMENT (PUD) Page 10 EXHIBIT B AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 23, 2016 Second Reading for the City Council Meeting of August 30, 2016 DATE: August 2, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 1021 Agnes Street CAPTION: Case No. 0716-07 V&M Equity Properties, LLC: A change of zoning from the CI" Intensive Commercial District and "RM -3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility. The property is described as Lot 10A, Block 10 Chamberlin's Subdivision, located on the south side of Agnes Street between South Staples Street and King Street. PURPOSE: The purpose of this item is to rezone the property to allow construction of a warehouse for an existing restaurant supply business. RECOMMENDATION: Planning Commission and Staff Recommendation: Approval of the change of zoning from the "CI" Intensive Commercial District and the "RM -3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility, subject to the Owner meeting the requirements of the Unified Development Code and the following additional conditions: 1. Uses: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a warehouse for retail goods. 2. Facade: The portion of the building facing Agnes Street shall be made of similar architectural materials as the abutting retail building on South Staples Street, currently Jean's Restaurant Supply. 3. Lighting: New freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. Any nonconforming freestanding lights existing on the Property shall comply with these regulations upon being replaced in their entireties. 4. Hours of Operation: 7:30 am to 5:30 pm., Monday through Friday. 5. Signage: Off -premise advertising signage is not allowed on the property. Pole mounted signage shall not exceed 64 square feet in area and 20 feet in height. 6. Dumpster Screening: Any dumpster located on the Property shall be screened from view from public right-of-way, located behind the street yard and, located at least 35 feet from the southern property line. 7. Driveways: Upon development of the Property, one of the existing driveways shall be removed and the remaining driveway shall comply with the Unified Development Code, including maximum driveway width. 8. Building Height: The height of buildings on the Property shall not exceed 20 feet. 9. Time Limit: This Special Permit shall expire 18 months after approval unless a Certificate of Occupancy has been issued. The Special Permit shall expire if the special permit use is discontinued for more than six consecutive months. Vote Results: For: 8 Opposed: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CI" Intensive Commercial District and the "RM -3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit to allow a 3,750 square foot warehouse, office and associated parking lot for Jean's Restaurant Supply. The "CI" Intensive Commercial District conditionally allows a warehouse use if approved through the special permit rezoning process. The applicant has indicated that the warehouse is likely to have five to 30 deliveries per week to customers and four to five warehouse supply shipments to the warehouse per week. The applicant has also indicated that the property will not have any outside storage uses and will contain an office for a warehouse employee. Existing conditions imply an adjustment to the Future Land Use Map may be appropriate to designate the subject property for commercial uses. The property to be rezoned is suitable for uses permitted by the "CI/SP" zoning district and the Special Permit would further limit the property to acceptable uses. Commercial uses are appropriately located along an arterial roadway, such as Agnes Street. The proposed rezoning would not alter the character of the immediate vicinity and the proposed rezoning is not anticipated to negatively impact the surrounding properties. The Special Permit request meets all of the review criteria required by UDC Article 3.6.3 The applicant is in agreement with the Staff and Planning Commission recommendation. ALTERNATIVES: 1. Deny the request. 2. Modify the Special Permit Conditions OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Central Business Development Plan (ADP). The proposed rezoning to the "CI/SP" Intensive Commercial District with a Special Permit is not consistent with the adopted Future Land Use Map's designation of the property as high density residential, however, approval of the change in zoning may further several goals and policies contained in the ADP and the Comprehensive Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by V&M Equity Properties, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 10A, Block 10 Chamberlin's Subdivision, from the "Cl" Intensive Commercial District and "RM -3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility; 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 V&M Equity Properties, 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, July 27, 2016, during a meeting of the Planning Commission when the Planning Commission recommended Approval of the change of zoning from the "CI" Intensive Commercial District and the "RM -3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility, and on Tuesday, August 23, 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 by V&M Equity Properties, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 10A, Block 10 Chamberlin's Subdivision, located on the south side of Agnes Street between South Staples Street and King Street (the "Property"), from the "CI" Intensive Commercial District and the"RM-3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility (Zoning Map No. 045044), as shown in Exhibits "A", and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is a site plan of the Property, 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 meeting the following conditions: 1. Uses: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a warehouse for retail goods. 2. Facade: The portion of the building facing Agnes Street shall be made of similar architectural materials as the abutting retail building on South Staples Street, currently Jean's Restaurant Supply. 3. Lighting: New freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. Any nonconforming freestanding lights existing on the Property shall comply with these regulations upon being replaced in their entireties. 4. Hours of Operation: 7:30 am to 5:30 pm., Monday through Friday. 5. Signage: Off -premise advertising signage is not allowed on the property. Pole mounted signage shall not exceed 64 square feet in area and 20 feet in height. 6. Dumpster Screening: Any dumpster located on the Property shall be screened from view from public right-of-way, located behind the street yard and, located at least 35 feet from the southern property line. 7. Driveways: Upon development of the Property, one of the existing driveways shall be removed and the remaining driveway shall comply with the Unified Development Code, including maximum driveway width. 8. Building Height: The height of buildings on the Property shall not exceed 20 feet. 9. Time Limit: This Special Permit shall expire 18 months after approval unless a Certificate of Occupancy has been issued. The Special Permit shall expire if the special permit use is discontinued for more than six consecutive months. 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. 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 City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for commercial land 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 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_V&M Equity Properties Page 3 of 3 a Date Created: 7/13/2016 PrepiarediBy: Jere"tnyM ,De a artinent of Devdiorheht Setvices CASE: 0716-07 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 CHANNEL 4 LEOPARD , ' SUBJECTmr, PROPERTY 111 A LOCATION MAP City of Corpus Christi Exhibit A 1. U.E. 20' Y.R. N80°2559"E 183.73' PROPERTY LINE PROPOSID N -lilt VITAL BU LD NG 3750 SQ=T EXISTING 4 SIDE WALK PROPERTY LINE PRIVATE ALLEYWAY PARKING PLAN 3/32 = 1 EXHIBIT B ECT INFORMATION 0 z A5 Aerial Overview 1 N Aerial Aerial I TOE w A 1 RUE. T RAT AGNES ST. AR Kw, CAL 000e0ee000000000000o00 00000000000o0000orp000 • r Exl•G CRP: TONE RUE. 10000 - 0 y PROPOSED / j NEW METAL ;; EU LDINO `/ 3750 SOFT/ � PAD FENCE RM -3 EXIST,. TREE ExmNs TRE- Staff Recommendation Approval of the "Cl/ SP" Intensive Commercial District with a Special Permit for a warehouse facility, subject to the following conditions: Special Conditions 1. Uses: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a warehouse for retail goods. 2. Facade: The portion of the building facing Agnes Street shall be made of similar architectural materials as the abutting retail building on South Staples Street, currently for Jean's Restaurant Supply. Special Conditions 3. Lighting: New freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. Any nonconforming freestanding lights existing on the Property shall comply with these regulations upon being replaced in their entireties. 4. Hours of Operation: 7:30 am to 5:30 pm., Mon. - Fri. 5. Signage: Off -premise advertising is not allowed. Pole mounted signage shall not exceed 64 square feet in area and 20 feet in height. Special Conditions 6. Dumpster Screening: Any dumpster located on the property shall be screened from public right-of-way, located behind the street yard and, located at least 35 feet from the southern property line. 7. Driveways: One of the existing driveways shall be removed and the remaining driveway shall comply with the Unified Development Code, including maximum driveway width. Special Conditions 8. Building Height: Limited to 20 feet. 9. Time Limit: This Special Permit shall expire 18 months after approval unless a Certificate of Occupancy has been issued. The Special Permit shall expire if the special permit use is discontinued for more than six consecutive months. PLANNING COMMISSION FINAL REPORT Case No. 0716-07 HTE No. 16-10000020 Planning Commission Hearing Date: July 27, 2016 Applicant & Legal Description Applicant/Owner: V&M Equity Properties, LLC (Jean's Restaurant Supply) Legal Description/Location: Lot 10A, Block 10 Chamberlin's Subdivision, located on the south side of Agnes Street between South Staples Street and King Street. Zoning Request From: "Cl" Intensive Commercial District and "RM -3" Multifamily 3 District To: "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility Area: 0.51 acres Purpose of Request: To allow construction of a warehouse for an existing restaurant supply business. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -3" Multifamily 3 and "CI" Intensive Commercial Vacant High Density Residential and Commercial North "RM -3" Multifamily 3 and "CI" Intensive Commercial Low Density Residential and Commercial Mixed Use/Medium Density Residential South "RM -3" Multifamily 3 and "CI" Intensive Commercial Medium Density Residential and Commercial High Density Residential and Commercial East "RM -3" Multifamily 3 Vacant High Density Residential West "CI" Intensive Commercial Commercial Commercial 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 high density residential uses and commercial uses. The proposed rezoning to the "CI/SP" Intensive Commercial District with a Special Permit is not consistent with the adopted Future Land Use Map. Map No.: 045044 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 184 feet of street frontage along Agnes 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. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Agnes Street "A2" Secondary Arterial 100' ROW 54' paved 60' ROW 40' paved 3,049 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -3" Multifamily 3 District and the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit to allow for the construction of a warehouse for Jean's Restaurant Supply. Development Plan: The applicant intends to construct a 3,750 square foot warehouse, office and associated parking lot. The warehouse will be used by the adjacent existing restaurant supply store. In addition, to allow more customer parking at the existing Jean's Restaurant Supply, the new parking lot on Lot 10A will be used for employee parking, delivery vehicle parking and loading of delivery vehicles. A portion of lot 10A will not be paved and reserved for future parking and/or building expansion. The applicant has indicated that the warehouse is likely to have five to 30 deliveries per week to customers and four to five warehouse supply shipments to the warehouse per week. The applicant has indicated that the property will not have any outside storage uses and will contain an office for a warehouse employee. Existing Land Uses & Zoning: The property to the north across Agnes Street is a car lot and single-family dwelling and is zoned "RM -3" Multifamily and "Cl" Intensive Commercial. To the south across an alley consists of a vacant lot, multifamily dwellings and a commercial use (Jean's Restaurant Supply office) with the "RM -3" Multifamily 3 District and the "CI" Intensive Commercial District. East of the subject property is vacant land in the "RM -3" Multifamily 3 District. To the west of the subject property is a commercial use (Jean's Restaurant Supply store) in the "CI" 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. Report for CC_0716-07 V&M Equity Properties (Jeans's Restaurant Supply) Planning Commission Final Report Page 3 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 "CI" Intensive Commercial District is not consistent with the adopted Future Land Use Map's designation of the property as high 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). - 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 may be appropriate to designate the subject property for commercial uses. • The rezoning of the property and the subsequent development thereof furthers policies pertaining to infill development. • The "CI" Intensive Commercial District conditionally allows a warehouse use, provided the warehouse is subject to a special permit. • The property to be rezoned is suitable for uses permitted by the "CI/SP" zoning district. The Special Permit would further limit the property to acceptable uses. • Commercial uses are appropriately located along an arterial roadway. • The proposed rezoning would not alter the character of the immediate vicinity. • The proposed rezoning is not anticipated to negatively impact the surrounding properties. • The Special Permit request meets all of the review criteria required by UDC Article 3.6.3. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "CI" Intensive Commercial District and the "RM -3" Multifamily 3 District to the "CI/SP" Intensive Commercial District with a Special Permit for a warehouse facility, subject to the Owner meeting the requirements of the Unified Development Code and the following additional conditions: 1. Uses: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a warehouse for retail goods. 2. Facade: The portion of the building facing Agnes Street shall be made of similar architectural materials as the abutting retail building on South Staples Street, currently Jean's Restaurant Supply. Planning Commission Final Report Page 4 3. Lighting: New freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. Any nonconforming freestanding lights existing on the Property shall comply with these regulations upon being replaced in their entireties. 4. Hours of Operation: 7:30 am to 5:30 pm., Monday through Friday. 5. Signage: Off -premise advertising signage is not allowed on the property. Pole mounted signage shall not exceed 64 square feet in area and 20 feet in height. 6. Dumpster Screening: Any dumpster located on the Property shall be screened from view from public right-of-way, located behind the street yard and, located at least 35 feet from the southern property line. 7. Driveways: Upon development of the Property, one of the existing driveways shall be removed and the remaining driveway shall comply with the Unified Development Code, including maximum driveway width. 8. Building Height: The height of buildings on the Property shall not exceed 20 feet. 9. Time Limit: This Special Permit shall expire 18 months after approval unless a Certificate of Occupancy has been issued. The Special Permit shall expire if the special permit use is discontinued for more than six consecutive months. Public Notification Number of Notices Mailed — 32 within 200 -foot notification area 4 outside notification area As of August 2, 2016: 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 Plan 3. Landscape Plan 4. Parking Plan 5. Application 6. Public Comments Received (if any) Report for CC_0716-07 V&M Equity Properties (Jeans's Restaurant Supply) SPC/10-02 ■ G2 1p EDO ST H � 11 I a RM -3 0 it" �C I 28 .466 O h 26 �� 29 ` ON 1c O,. S BJECT PROPERTY CC RM -1 ti a ••_I 80 v ARK alga Feet 01N �T Date Created: 7/13/2016 PreplarediBir: Jere"tnyM ,De a arfinent of Devdio tt eht Services CASE: 0716-07 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 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 / LOCATION MAP ilk City of Corpus Christi AGNES STREET C-1 NBP20523f 103,2 PROPERTY LINE EXISTING ENTRANCE CONCRETE T AGNES ST. POWEREXISTING POLE EXISTING WATER METER 4' SIDE WALK 4SIDE WALK LOADING DOCK PROPOSED NEW METAL BUILDING 3750 SOFT 1 115/313 ALLEYWAY SITE PLAN C ENTR LOT 10A BLOCK 10 CHAMBERLIN'S SUBDIVISION 0.511 ACRE PROPERTY LINE S002559W 19. 1/16 = 1-0 LAND USE - COMMERCIAL PARKING REQUIREMENTS NONE FERAONO 1 AND PANNG SCOPE OF WORK SHALL NOT EXCEED 8000 SJ FT 2. MAINIAIN A SOLID WOOD SCREENING FENCE FOR 10' BUFFER YARD 00310 J. DUMPS1ER AREA 10 BE SCREENED WWI SOLID WOOD FENCE ALL AROUND STREW YARD LINE IO CONCRETE DUMPS. SCREENED WIIH SOLID WOOD FENCE ALL AR W. 0' SOLID WOODEN SCREENING FENCE RM -3 0 SLID WOODEN SCREENING FENCE (UDC 706 FOR REDEVELOPMEM( PROJECT INFORMATION -74 J [NAM 50, 5.K 12Af3; 90905 SCALE. 1/ 16"-1'0" 51 AGNES STREET C-1 CHEF,''.. 0AsI PARSI8G SAN: Eec Nc 0 FRCP E Ho ev< MASH , GAL 1 1 EDGING 0000 >000 0 0 8000 5058 EXi N P4LM, EDGING CAPE HONEY SID LE 0000000000000000000bo0 \,00000000000000000ng000 EDGING A is L PROPOSED NEIN METAL BUILDING 3750 SOFT PROPERTY LIND SIRE@ YARD LINE C-1 PRIVATE ALLEAN@ LANDSCAPE PLAN 1/16— = 1'-0 580'255W 19330 PLANT LIST QTY NAME SIZE SPACING POINTS 38 CAPE HONEY SUCKLE TECOMA CAPENSIS 3 GALLON 0 2PT5 4' O.C. 75 58 LANTANA LANTANA CAMARA 'NEW GOLD' 1 GALLON 0 1 PT 32 0.0. 58 2 FAN PALMS (EXISTING) WASHINGTONIA FILIFERA 35 TRUNK FT @ 201T EXISTING AS SHOWN 140 8' SOLID WOODEN SCREENING FENCE RM -3 @ONO TREE @RIIND @EL LANDSCAPE CALCULATIONS ZONE: COMMERCIAL C-1 PRIMARY STREET YARD 100%: AGNES STREET YARD AREA: 10386 SOFT LANDSCAPE AREA 157, REQUIRED: 1558 SOFT LANDSCAPE AREA PROVIDED: 1899 SQ FT TOTAL LANDSCAPE POINTS REQUIRED .02: 207 PTS 50% TREE POINTS REQUIRED: 103 PTS TOTAL TREE POINTS PROVIDED: 146 PTS TOTAL SHRUB POINTS PROVIDED: 134 PTS TOTAL LANDSCAPE POINTS PROVIDED: 274 PTS BUFFER YARD PROVIDED: 10' BUFFER YARD POINTS: 6 PTS (SOLID WOOD SCREENING FENCE) GENERAL NOTES: 1. FLATWORK AND PAVING SCOPE OF WORK SHALL NOT EXCEED 8000 00 FT 2. MAINTAIN A SOLID WOOD SCREENING FENCE FOR BUFFER YARD 3. ROOT BARRIER SYSTEM (TYPAR BIO—BARRIER OR EQUIVALENT) SHALL BE SET 0 PLACE MIN 2' FROM THE NEAREST UTILITY LINE AND TO A DEPTH OF AT LEAST EQUAL TO OR GREATER THAN THE DEPTH OF THE UNDERGROUND U0LITY. 4. HOSE BIB SHALL BE KEPT WITHIN 75FT OF ALL LANDSCAPED AREAS. 5. EDGING TO BE 1"X6" BEND—A—BOARD EDGE. INSTALL PER MFG'S RECOMMENDED INSTRUCTIONS. 6. CONTRACTOR SHALL BECOME FAMILIAR WITH THE PROPERTY AND LOCATE ALL UNDERGROUND UTILITIES AND MARK THE ACCORDINGLY PRIOR TO EXCAVATION. FAN PALM LANTANA O CAPE HONEY SUCKLE ROJECT INFORMATION C. u :I-;: 4.18.1 I I -1' 1. U.E. 20' Y.R. N80°2559"E 183.73' PROPERTY LINE PROPOSID N -lilt VITAL BU LD NG 3750 SQ=T EXISTING 4 SIDE WALK PROPERTY LINE PRIVATE ALLEYWAY PARKING PLAN 3/32 = 1 -0 ECT INFORMATION 0 z O,QUS ,y�. I r._ - J x Iasi REZONING APPLICATION Office Use Only Case No.: 0716-07 Map No.: 045044 PC Hearing Date; July 27, 2016 Proj.Mgr: Hearing Location; City Hall, Council Chambers. 1201 Leopard Street Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 {361 } 826-3240 Located at 2406 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 p 1 C j ,t 1. Applicant 3 -rod\ 5 Re s-�•0.uYt*.14- 31(31 � Contact Person : finrhon us G AV -i q Mailing Address'le% 1 l V �J Address' 4 2. 6 S. 54&p City. C (PT.'S us eke; 44 i State Tx ZIP: 78+01 Phone: (36 I ) 884— a 8 00 E-mail aATl'1oI1t,t it CO‘ItS 1" e S40..tAt a.A4 Str 13 •COM Cell: (36I ) 765 — 1002. .s. 2. Property Owner(s). it M Ei ur,�y PYopeContact Person : Volt i ¢ 1"losTa.411aS1 1r4;es �V Mailing Address: 4 ..6 S . StL0.p I•t15 *+ City' COTFU5 CIW;S-r State TX ZIP: 7$340L Phone:( 2G ) g 8 4 —'L80b ft E-mail: C.ohTQ,c.A- a SCA11S V'eST&uMnn4 Stfrft �� . CO," Cell: ( } 3. Subject Property Address. 102,1 i4 A F 5 S4 . Area of Request (ASF/acres): Current Zoning & Use. Rest cif A 1-10 W 7 None Proposed Zoning & Use: ast k oars r n4 12 -Digit Nueces County Tax ID: l i- 0 `- 0 60 J I Subdivision Name: Cko.rInc, [ s n S Block 0 Lot(s). 10 A _ Legal Description if not platted: 4. Submittal Requirements: ❑ Early Assistance Meeting: Date Held ❑ Disclosure is inconsistent exhibit landowner • with City Staff of Interest ❑ Copy of Warranty Deed with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit • Land Use Statement IF APPLICABLE: ❑ Peak Hour Trip Form (if request ■ Metes & Bounds Description with if property includes un -platted land (sealed by RPLS) ■ Lien Holder Authorization 0 Appointment of Agent Form if is not signing this form I certify that have rovided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning ______as.or on behalf of the Property Owner(s); and the information provided is accurate. Owner or Agent's Signature Applicant's Signature Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: ".--11— 1 (0, Received By: +1)-i- ADP. CB Rezoning Fee: 1107.50 + PUD Fee 0 + Sign Fee 10.00 = Total Fee 1117.50 No. Signs Required 1 @ $10/sign Sign Posting Date: NTS VCSLSHARED\LAND DEVELOPMENt'APPLICATION FORMSIREZONINGIZONING APPLICATION 2015 DOC Form Revised 512/2015 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. i)Uc S:: 3v, I cl 3750 slow, co04- ene- \ as a pe;v2-1-e_, W ave,Vo►sse, SSa( e, F c; l; . ��� rn er��+Ty,cl mak-sc., gc . � J Uri; -`r is si13k1 S-1-0c'ki/[013400c.A-mvn scLerit,\ezi (owlele+.+=D1 ;+n OC4cbec IO1G. Pack:10 S93ces ,,,1 gccec,s,ble. Wacetnoosc. i?eople, . - 'e \\oo0 opes'air;ay, Scoee., Wacao clew►al;*.oma is fectu,red S=ire. ¥ie.- cdocreur laid ., V'^c1/4. eve` o f ed , Ar hew einy , Acercc j othrtd -a#:0 w; \ be Pc td '15 h be. OaceC1 for- address ?arposa S'►�►c� ;k ,s (?c,3 �4-e_ awl Y10-' .ctit' SLow coo - seace) f nem w;l\ be 1.cm,4-e srg?ca,ae., 2. Identify the existing land uses adjoining the area of request: North - CI Co.+,,efc C - & c -4-ec. ‘2;( WCS South C (?M-3 E s ,1 cc-s.6e. at a cel, East - -M" , q4r-.ic,-k-ory Uo,I+) West - C 1 Cov,;v, - l Sir CIUSERSITANYAR.0001GESKTOPIGAILY USEWNNIKAILAND USE STATEMENT FOR ZONING.DOC APPOINTMENT OF AGENT As owner of the subject property, 1 hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: A,rI4oA u�J V1�1a� Gl 1 t 1 Mailing Address: O^�aA to..nStteSTA.UY&A4-.591L . CAM City: Corpc)s C�+vis�� State: 7X Zip: 7$40 Home Phone: ! 36 t ) gq1'1itk Business Phone: (36 1 ) 884-1200 Cell: S 361 ) /65 -'1002, 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 Tess 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 1 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 en a to the entity. *Signature of Agent: Title: CAD Del..? er Printed/Typed Name of Agent: AAtin. n, Gj ar C I Date: 5/ 1 8 116 *Signature of Property Owner: Na ii( Printed/Typed Name of Property Owner: Voll J MdStd.3t8 Title: OwncY Date: 5112/16 *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 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: Jeo%A 5 Res4"au1r04.4 Surf It (T; Lc. DBA) STREET: 49,G 5. Si.a.pkt5 CITY: Comer us C ri61; ZIP: 78401 FIRM is: rporation O Partnership O Sole Owner O Association O Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name NA Job Title and City Department (if known) NA 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title NA NA 3. State the names of each "board member" of the City of Corpus Christi having an 'ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee NA NA 4. State the names of each employee or officer of a "consultanr 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. CAD n Certifying Person: iliA ,r i a.Y r l t►.. Title: CAD Desiyeir (Print Name J Signature of Certifying Person: Date: 5/18/2046 KIOEVELOPMENTSVCSLSHAREDLLAND DEVELOPMENTIAPPLICATION FORMS REZONING4DISCLOSURE OF INTERESTS STATEMENT 5,12.2015,000 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 23, 2016 Second Reading for the City Council Meeting of August 30, 2016 DATE: August 2, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 630 Robinson Street CAPTION: Case No. 0716-03 Corpus Christi Hope House, Inc.: A change of zoning from the "RM - 1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property is described as Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive. PURPOSE: The purpose of this item is to rezone the property to continue operation of Hope House, which is a social service use that provides transitional housing for homeless women and their dependent children, and allow expansion of the facility to the rear of the property. RECOMMENDATION: Planning Commission and Staff Recommendation (July 13, 2016): Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use, subject to the following conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist clients with their transition into permanent housing. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. The facility shall be limited to 9 bedrooms. 2. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 3. Buffer yards: A buffer yard as set forth in the UDC shall be maintained along the property line abutting single family development. 4. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. 5. Parking: The off-street parking requirement is one space per employee and one space per 250 sq. ft. of office area. 6. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired if the allowed use is discontinued for more than six consecutive months. Vote Results For: 8 Against: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant requests the change in zoning to bring the existing facility, Hope House, into compliance and to allow expansion. Hope House has existed at this location since 1992. Previous zoning ordinances allowed the use in the multifamily zoning districts. Today the use does not conform to the regulations of the UDC: "transient housing related to social service programs" is not allowed in the multifamily zoning districts. The applicant proposes to construct an additional one-story residential structure of approximately 1,500 square feet at the rear of the property that may provide up to five bedrooms to accommodate additional residents. Hope House typically houses one mother and her dependent children in each bedroom. Intake of residents for this facility occurs at the office for Hope House located at 658 Robinson Street on the corner of Robinson Street and Swantner Drive. The Special Permit request meets all of the review criteria required by UDC Article 3.6.3. The applicant is in agreement the Planning Commission and Staff recommendation. ALTERNATIVES: 1. Deny the request. 2. Approve the "RM-1/SP" District as recommended 3. Approve the "CG-1/SP" District (requires 3/4 vote) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan. While the requested "CG -1" District is not appropriate at this location or consistent with City plans/policies, the proposed transitional housing facility allowed by Special Permit is consistent with elements of the Southeast Area Development Plan and consistent with the adopted Future Land Use Map's designation of the property for medium density residential uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance-RM-1/SP Ordinance-CG-1/SP Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Christi Hope House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use; 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 by Corpus Christi Hope House, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 13, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use subject to seven conditions, and on Tuesday, August 23, 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 by Corpus Christi Hope House, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive ("Property"), from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use; (Zoning Map No. 045040), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is a site plan of the property, 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 meeting the following conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist clients with their transition into permanent housing. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. The facility shall be limited to 9 bedrooms. 2. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 3. Buffer yards: A buffer yard as set forth in the UDC shall be maintained along the property line abutting single family development. 4. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. 5. Parking: The off-street parking requirement is one space per employee and one space per 250 sq. ft. of office area. 6. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired if the allowed use is discontinued for more than six consecutive months. 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. 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 change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. 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. Ordinance_ RM -1 -SP 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_ RM -1 -SP Page 3 of 3 CG -2 RS -6 0 SUBJECT PROPERTY 400 CASE: 0716-03 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 $ Feet GNES Date Created: 6/24/2016 Prepared>By: I vetteM Department f eveloprnent Services MORGAN SUBJECT P�ROPERT�Y oy4, -.0 U7 �y Q GD y3s LOCATION MAP 1,944. City of Corpus Christi Exhibit A I T - 1 A / .1 %.....}� G 1 1 n G cLo vL2777 LL ,a oMP IA„ ni, ' : LOSw [ Ilk4 .,o. ®R o o rr II . 0 I 6B ..� c L.IP II ""e11 7 IIMER M d .4.0' 56.3' TWO STORY BRICK AND WOOD BUILDING /48.3' \2.2' ONE STORY WOOD GARAGE (‘) \a .N N, 12.2' 4.0' CONCRETE DRIVEWAY AC 25' B.L. 29.64' EXHIBIT B S53°50103"E 120.00' (MEAS) Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Christi Hope House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use; 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 by Corpus Christi Hope House, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 13, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use subject to seven conditions, and on Tuesday, August 23, 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 by Corpus Christi Hope House, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive (the "Property"), from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit; (Zoning Map No. 045040), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the property, and Exhibit B, which is a site plan of the property, 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 meeting the requirements of Exhibit B and the following conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist clients with their transition into permanent housing. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. The facility shall be limited to 9 bedrooms. 2. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 3. Buffer yards: A buffer yard as set forth in the UDC shall be maintained along the property line abutting single family development. 4. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. 5. Parking: The off-street parking requirement is one space per employee and one space per 250 sq. ft. of office area. 6. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired if the allowed use is discontinued for more than six consecutive months. 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. 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 City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for commercial land 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 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_ CG -1 -SP Page 3 of 3 CG -2 RS -6 0 SUBJECT PROPERTY 400 CASE: 0716-03 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 $ Feet GNES Date Created: 6/24/2016 Prepared>By: I vetteM Department f eveloprnent Services MORGAN SUBJECT P�ROPERT�Y oy4, -.0 U7 �y Q GD y3s LOCATION MAP 1,944. City of Corpus Christi Exhibit A I T - 1 A / .1 %.....}� G 1 1 n G cLo vL2777 LL ,a oMP IA„ ni, ' : LOSw [ Ilk4 .,o. ®R o o rr II . 0 I 6B ..� c L.IP II ""e11 7 IIMER M d .4.0' 56.3' TWO STORY BRICK AND WOOD BUILDING /48.3' \2.2' ONE STORY WOOD GARAGE (‘) \a .N N, 12.2' 4.0' CONCRETE DRIVEWAY AC 25' B.L. 29.64' EXHIBIT B S53°50103"E 120.00' (MEAS) Aerial Overview Aerial Site Plan 1 N Staff Recommendation Denial of the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit subject the following conditions: Special Permit Conditions 1. Use: • "RM -1" District Uses • Transitional Housing Facility, a social service use operated to assist clients with their transition into permanent housing. • No soup kitchen or public feeding shall be allowed. • Definition of Transitional Housing Facility: a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. • Limited to nine bedrooms. Special Permit Conditions 2. Security: The transitional housing facility shall be monitored by staff 24 hours a day. 3. Buffer yards: A buffer yard as set forth in the UDC shall be maintained along the property line abutting single family development. 4. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. Special Permit Conditions 5. Parking: The parking requirement is 1 space per employee and 1 space per 250 sq. ft. of office area. 6. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired if the allowed use is discontinued for more than six consecutive months. PLANNING COMMISSION FINAL REPORT Case No. 0716-03 HTE No. 16-10000025 Planning Commission Hearing Date: July 13, 2016 Applicant & Legal Description Applicant/Owner: Corpus Christi Hope House, Inc. Legal Description/Location: Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive. Zoning Request From: "RM -1" Multifamily 1 District To: "CG-1/SP" General Commercial District with a Special Permit for a social service use Area: 0.22 acres Purpose of Request: To continue operation of an existing transitional living facility and construct an additional one-story residential structure of approximately 1,500 square feet at the rear of the property. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential North "RS -6" Single -Family 6 Low Density Residential Low Density Residential South "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential East "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential West "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CG-1/SP" General Commercial District with a Special Permit is not consistent with the adopted Future Land Use Map or the Southeast Area Development Plan. Map No.: 045040 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 75 feet of street frontage along Robinson Drive, which is a local residential street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Robinson Drive Local Residential 50' ROW 28' paved 50' ROW 28' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit to continue operation of an existing Social Service Use, Hope House, and to allow the construction of an additional one-story residential structure of approximately 1,500 square feet at the rear of the property. Specifically, the proposed Social Service Use is a transitional housing facility that provides a residence for homeless women and their dependent children. A transitional housing facility is not explicitly defined or identified in the Unified Development Code (UDC) and could be considered either a Social Service Use or Group Living Use. A later UDC text amendment will be needed to better define the transitional housing use and the zoning district where it is allowed. A Group Living Use is characterized as "Residential occupancy of a structure by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents, and the residents may receive care or training." Social Services Uses are characterized in the UDC as "uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems and transient housing related to social service programs." Until the UDC is amended through a public hearing process to determine the best category and zoning district for transitional housing facilities, Staff has conservatively determined that the use is best categorized as a Social Service Use. Development Plan: Hope House has existed at this location since 1992. Previous zoning ordinances allowed the use in the multifamily zoning districts. Today the use does not conform to the regulations of the UDC: "transient housing related to social service programs" is not allowed in the multifamily zoning districts. The applicant requests the change in zoning to bring the existing facility into compliance and to allow expansion. The subject property currently has three structures on site; a large two-story apartment building, a detached garage and a wood deck. The two-story apartment building currently accommodates up to seven women and their dependent children. The applicant proposes to construct an additional one-story residential structure of approximately 1,500 square feet at the rear of the property that may provide up to five bedrooms to accommodate additional residents. Hope House typically houses one mother and her dependent children in each bedroom. Planning Commission Final Report Page 3 Intake of residents for this facility occurs at the office for Hope House located at 658 Robinson Street on the corner of Robinson Street and Swantner Drive. Residents also participate in the classes and programs held at 658 Robinson Street. Residents are typically on-site after 3:00 p.m. during the week and 24 hours per day on the weekends. The facility is monitored by two on-site employees. Existing Land Uses & Zoning: The subject property is zoned "RM -1" Multifamily 1 and consists of Hope House, a transitional housing facility. North of the subject property is zoned "RS -6" Single -Family 6 District and is occupied by low density residential uses. South, east and west of the subject property is zoned "RM -1" Multifamily 1 District and is occupied by medium density residential uses. East of the subject property at 626 Robinson Street (next door to Hope House) is a facility owned by Recovery Contacts, Inc., which is a facility designed to provide a low-cost, safe, clean and sober living environment for its residents along with a 12 Step Program. Nearly all of Robinson Street is developed with similar multifamily structures. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property contains one complete lot and a portion of an adjacent lot. The subject property needs to be replatted in order to allow a new building to cross lot lines. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan. While the requested "CG -1" District is not appropriate at this location or consistent with City plans/policies, the proposed transitional housing facility allowed by Special Permit is consistent with elements of the Southeast Area Development Plan and consistent with the adopted Future Land Use Map's designation of the property for medium density residential uses. Additionally, the following are Comprehensive Plan Policy Statements that warrant consideration: • Comprehensive Plan Policy Statements on Social Services (pg. 52): A. Social service facilities should be provided in a systematic manner that ensures services are provided where they are most needed. In order to systematically provide these services, standards should be developed which are based on population size and the socio-economic characteristics of the population. B. Some social service facilities should meet the needs of specific populations. The quality and physical setting of all social services should be periodically reviewed, and improved if necessary, to meet the needs of the elderly, disabled, and other special population groups. • Comprehensive Plan Policy Statements on Land Use, Residential a. Each neighborhood of the city shall be protected and/or improved so as to be desirable and attractive residential environment. Planning Commission Final Report Page 4 Department Comments: • The proposed rezoning with the "CG -1" General Commercial is not consistent with the Comprehensive Plan Future Land Use Map or the policies of the Comprehensive Plan or Southeast Area Development Plan. However, maintaining the subject property's base zoning district of "RM -1" Multifamily 1 District and additionally granting a Special Permit for the transitional housing facility is consistent with City plans/policies. • Transitional housing facilities with sufficient organizational support can create positive impacts for the community. • As stated by the applicant, the close proximity of this location to transit service, grocery stores, restaurants, employment centers and community services are ideal for the residents of Hope House. • Nearly all of Robinson Street is developed with similar multifamily structures and another type of social service use ("Recovery Contacts") is located immediately adjacent to the subject property. • Residents do not own vehicles, so the proposed use is not expected to generate any significant increase in vehicular traffic or parking demand in the neighborhood. • The applicant intends to construct an additional residential structure at the rear of the property. UDC requirements pertaining to required setbacks and buffer yards will ensure development that is compatible with adjacent development. • The Special Permit request meets all of the review criteria required by UDC Article 3.6.3. Planning Commission and Staff Recommendation: Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use, subject to the following conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist clients with their transition into permanent housing. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. The facility shall be limited to 9 bedrooms. 2. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 3. Buffer yards: A buffer yard as set forth in the UDC shall be maintained along the property line abutting single family development. 4. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. Planning Commission Final Report Page 5 5. Parking: The off-street parking requirement is one space per employee and one space per 250 sq. ft. of office area. 6. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired if the allowed use is discontinued for more than six consecutive months. Public Notification Number of Notices Mailed — 30 within 200 -foot notification area 6 outside notification area As of August 2, 2016: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 0 outside notification area Totaling 4.75% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan for New Structure 3. Floor Layout for New Structure 4. Floor Layouts for Existing Structure 5. Application 6. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0716-03 Hope House (630 Robinson)\Council Documents\Report for CC_Hope House (630 Robinson).docx CG -2 RS -6 0 SUBJECT PROPERTY 400 800 CASE: 0716-03 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 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 Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table in opposition Date Created: 6/24/2016 Prepared>B y: I ve t to M Department f Development Services SUBJECT PROPERTY LOCATION MAP City of Corpus Christi 1 / I .J �...}� v G 1 I 0 IR LOS — � QQQ co KFCHENDINING ,a o. oMP IA„ w ni, :4 LOS [ Ilk ®a o oLL rr II KM i I 0 1H I X I 6B ..� c L.IP II ""e• 0 IIMER ONE STORY WOOD GARAGE (‘) \a .N N, CONCRETE DRIVEWAY .4.0' TWO STORY BRICK AND WOOD BUILDING 29.64' S53°50103"E 120.00' (MEAS) I I o tr 111111111111111 I I I I 111111 nr" — snA3 2)7,2221, 0 244 8 1 ID 9 5 EXTERIOR ELEVATIONS j 104 114 „-o aAi ® NIF l L I u ate. ate. - sI LOS / ® ®I. as��la Euaoom o x.�xE ela oaoo m ® s II EI _ — APPLJANCES TO BE ADA COMPLIANT te ...ire ahad 8 ;LL 11 I— 1® w S w g . e cLos. - —• /— — —61 BEDROOM o- -0 A BEDROOM CLOS. ® BEDROOM 131 I. \ e 9 ¢6 o—e.a 2-103ia.� an — , 9 e 0 "I r U' Z a 0 ❑ w °o o. LL ® 1-37111, IDE Ma. N 0 101 m 0 z 11 -13 0 0 r z ewanadwi pue SUOI WAOUJ X15TINVzDuiNc9, Nle id BOO1d .LG 1 xIs�1 N G �3vI1 U\J G O z Z .00a, = ...i4,f Ili i.., `~ ".Case kle t ti -les . Development Services Dept. P 0 Box 9277 Corpus Chnsti Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION - Office Use Only No.: 0716-03 Map No.: 045040 July 13, 2016 PC Hearing Date' Proj.Mgr: Hearing Location: City Hall, Council Chambers 1201 Leopard Street Hearing Time: 5.30 o.m. • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Corpus Christi Hope House, Inc. Contact Person : Melissa Juarez/Melinda Baker Mailing Address; 658 Robinson Street City. Corpus Christi State. TX ZIP.: 78904 Phone: (361 )852-2273 E-mailCell: ( 361 ) 510-5045 2. Property Owner(s).Corpus Christi Hope House, Inc. Contact Person : Melissa Juarez/Melinda Baker Mailing Address. 658 Robinson Street City: Corpus Christi State' TX ZIP 78409 Phone: ( 361 ) 852-2273 E-mail. Cell: ( 361 ) 510-5045 rea oRequest (SF/acres): Approximately .s pons 3. Subject Property Address: 630 Robinson street, Corpus Christi, TX 76404A - AN-1 Multifamily 1 D17tr1C1/lls•d ea p Apmbeaa Social Service Uses '5.1.3.11/Homeless Shelter Current Zoning 8 Use. shelter dime 1992 Proposed Zoning & Use. 12-Digit Nueces County Tax ID. 4 4 2 5,0 0 3 8.0 0 8 0 Lr 8 and Subdivision Name. Lindale Park Unit 4 Block. 38 Lots) £20' Lc'r Legal Description if not platted: Lindale Park Unit 4 Lt 8 & E20' Lot 9 Block 38 4. Submittal Requirements: Date Held : with City Slaff • Early Assistance Meeting: J Land Use Statement IF APPLICABLE. ❑ Peak Hour Trip Form (if request of Interest ® Copy of Warranty Deed with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit if property includes un-platted land (sealed by RPLS) 0 Lien Holder Authonzation is not signing this form ;d Disclosure is inconsistent with exhibit landowner ■ Metes & Bounds Description ❑ Appointment of Agent Form if I certify that I have provided the City of Corpus Chnsti with a complete application for review; that I am authorized to initiate this rezoning r on behleif of the Property Owner(s). and informatn provided i rale it- Owner r Agent's Signature AFpli nt s Signnaturre Melissa Juarez Melissa Juarez Owner or Agent 5 Printed Name Applicant's Printed Name Office Use Only: Date Received: 3/8/16 Received By: bkp ADP: SE Rezoning Fee: + PUD Fee 0 +-Sign Fee = Total Fee No. Signs Required ® S10/sign Sign Posting Date: K IDEVELIPMENT ::.5'.F.HAREI'.; ANA 0E 1. L 7PMENTIAPF LICA'. ION r OR MSIREZr1NING'2ONIND 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 purpose of this request is to conform to City of Corpus Christi Zoning Ordinances. Corpus Christi Hope House has operated a homeless shelter at 630 Robinson Street since 1992. The address is currently zoned as RM -1 Multifamily 1 District, our organization is submitting a request for rezoning to be considered for Social Service Uses [5.1.3.1] so that the Homeless Shelter would conform and be in compliance with City of Corpus Christi Zoning Ordinances. Corpus Christi Hope House operates a homeless shelter for women and their dependent children at 630 Robinson in Corpus Christi, Texas. There are two regular employees on-site. The site is approximately one half acre. The facilities located at the 630 Robinson Street location is approximately 3,072 sq. ft.; however, our organization anticipates expanding at this current location (see attached plans). The facility located at 630 Robinson Street is a large two-story house that accommodates up to seven women and their dependent children. There is easy access to transportation, since city bus service is within two blocks of the shelters. Hope House provides free bus tokens/bus passes to our residents. HEB, restaurants and shopping centers are also located within two blocks of the shelters. Employment centers and community services are within a few miles of the shelters. Hope House is in Lindale Park Unit 4 Lt 8 & E20' Lot 9 Block 38. There are no demolition plans and the address adheres to coded setback area. No signage exists and no offices exist at this location. Residents are on-site 24 hours a day on weekends and usually after 3 PM during the week along with House Monitors. We typically house one mother per bedroom and their dependent child or children. Handicap Parking is accessible from our driveway. Adequate parking exists. Identify the existing land uses adjoining the area of request: North - South - East - Recovery Contacts, Inc. - Halfway House Residential Quadplex Apartments Residential Home West - Residential Quadplex Apartments C'\USERS\TANYAR.000\DESKTOP \DAILY USE ANNIKA\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 bus ness with the City to provide the following information Every question must be answered. If the question is not applicable, answer with "NA'. NAME Corpus Christi Hope House, Inc. STREET: 630 Robinson Street CITY: Corpus Christi Zlp: 78409 FIRM Is: Corporation °Partnership ()Sole Owner °Association °Other Non-pt°fir DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A N/A 2. State the names of each 'official" of the City of Corpus Christi having an "ownership interest" ,constituting 3% or more of the ownership in the above named "firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related -to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Melissa Juarez Title: Executive Director (Print Name) �f Signature of Certifying Person. X(/2� Date 3/7/2016 N IDtVML01'MENTSVCSI5HAREDVLAND DEVE-iPN11 MEAPPLICAT1ON FORMSIREZONINGIDISCLOSURE INTERESTS STATE6ENT„5 12 2015.00C 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 intencion de asistir a esta junta v gue requieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando at 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 iunta v su ingle?s es limitado, favor de Ilamar al i departamento de servicios de desarrollo a! numero (361) 826-3240 al menos 48 horas antes de la iunta para solicit un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-03 Corpus Christi Hope House, Inc. has petitioned the City of Corpus Christi to consider a rezoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The applicant plans to continue operation of an existing transitional living facility and construct an additional one-story residential structure of approximately 1,500 square feet at the rear of the property. The property to be rezoned is described as: Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive. The Planning Commission may recommend to City Council approval or denial, approval of an intermediate zoning classification, and/or modification of Special Permit conditions. 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, July 13, 2016= 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: \\A nek.A) F.. N.00,re Address: G 30 MC Cal S incik IN FAVOR ( ) IN OPPOSITION REASON: CC go /leap 0iO4e."- ot Asp gt4y 2 lfa /lam ctivr-YD s,/ /le atA SEE MAP ON REVERSE SIDE Property Owner ID: 7 HTE# 16-10000025 City/State: r o e {k)s Ch t �-� { X ?�ttac I i Phone: 3(o 1-- 35-6 - l3 2J-.1 01444 dote 4,e on441 • a to //Awe f- -fA t M 4roige (,,525' �d Jc'Y i4il p Si • nature Case No 0716-03 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, aue 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 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 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 Dresente durante la junta. J CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-03 Corpus Christi Hope House, Inc. has petitioned the City of Corpus Christi to consider a rezoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The applicant plans to continue operation of an existing transitional living facility and construct an additional one-story residential structure of approximately 1,500 square feet at the rear of the property. The property to be rezoned is described as: Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive. The Planning Commission may recommend to City Council approval or denial, approval of an intermediate zoning classification, and/or modification of Special Permit conditions. 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, July 13, 2016, during ane 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: .J y ' t Ib1D0 TZ -- Address: ( t1•1 S©0 City/State: e .0 • TY,- 7 'k ( ) IN FAVOR I(OPPOSITION Phone: 441-0g, Lick_ REASON: {11S � -�• N mi-Doulus OP ow r\urb E, ick r C"-1/4 FL )43 SEE MAP ON REVERSE SIDE Property Owner ID; 12 HTE# 16-10000025 Signature Case No. 0716-03 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 aue tienen la intention de asistir a esta junta v aue requieren servicios esoeciales. se les suolica aue 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 ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al nCimero (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. 0716-03 (LCv o� --7) lte Corpus Christi Hope House, Inc. has petitioned the City of Corpus Christi to consider a rezoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The applicant plans to continue operation of an existing transitional living facility and construct an additional one-story residential structure of approximately 1,500 square feet at the rear of the property. The property to be rezoned is described as: Lot 8 and the east 20 feet of Lot 9, Block 38, Lindale Park Subdivision Section 4, located on the west side of Robinson Street between Swantner Drive and Reid Drive. The Planning Commission may recommend to City Council approval or denial, approval of an intermediate zoning classification, and/or modification of Special Permit conditions. 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, July 13, 2016, 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 it a_1/ a14 eer Address: to p'Z% t(7a'r 01A4 City/State: Cr- ?X 761/6 { ) IN FAVOR IN OPPOSITION Phone: (0O t55t REASON: SEE MAP ON REVERSE SIDE Property Owner ID. 18 HTE# 16-10000025 Signature %Iativ qe1 Case No. 0716-03 Project Manager: Dolores Wood AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 23, 2016 Second Reading for the City Council Meeting of August 30, 2016 DATE: August 2, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 658 Robinson Street CAPTION: Case No. 0716-04 Corpus Christi Hope House, Inc.: A change of zoning from the "RM - 1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The property is described as being the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, located on the northwest corner of Robinson Street and Swantner Drive. PURPOSE: The purpose of this item is to rezone the property to continue operation of Hope House and the Gabriel Project, which are social service uses for homeless women and their dependent children RECOMMENDATION: Planning Commission and Staff Recommendation (July 27, 2016): Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use, subject to the following six conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist clients with their transition into permanent housing, and a community outreach program for distribution of household supplies and life -skills training limited to 500 square feet. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. The facility shall accommodate up to five residents and their dependent children. 2. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 3. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. 4. Parking: The parking requirement for the transitional living facility is one space per employee and one space per 250 sq. ft. of office area. The parking requirement for the community outreach program is one space for per 300 square feet. The parking requirement can be achieved through a combination of off-site parking at 630 Robinson Street, on-site parking, and on -street parking. No less than five on-site parking spaces shall be provided on the Property. 5. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired if the allowed use is discontinued for more than six consecutive months. Vote Results For: 8 Against: 0 Absent: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant requests the change in zoning to bring the existing facility into compliance. Hope House has existed at this location since 1992. Previous zoning ordinances allowed the use in the multifamily zoning districts. Today the use does not conform to the regulations of the UDC: "transient housing related to social service programs" is not allowed in the multifamily zoning districts. The two-story apartment building currently accommodates up to five women and their dependent children. One of the units in the apartment building serves as the office and reception area. The accessory structure referred to as the "Resource Center" building has a large meeting/classroom with computers for a "Life Skills Training Program", an office, a food bank and, a main laundry room. On site operations include management and oversight of a second facility located at 630 Robinson Street, which is the subject of a separate zoning change application (Case 0716-03). The applicant intends to remodel the existing office to expand the size of the office, however, no additional structures are planned for this site. The Special Permit request meets all of the review criteria required by UDC Article 3.6.3. The applicant is in agreement the Planning Commission and Staff recommendation. ALTERNATIVES: 1. Deny the request. 2. Approve the "RM-1/SP" District as recommended 3. Approve the "CG-1/SP" District (requires 3/4 vote) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan. While the requested "CG -1" District is not appropriate at this location or consistent with City plans/policies, the proposed transitional housing facility allowed by Special Permit is consistent with elements of the Southeast Area Development Plan and consistent with the adopted Future Land Use Map's designation of the property for medium density residential uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance-RM-1/SP Ordinance-CG-1/SP Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Christi Hope House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use; 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 by Corpus Christi Hope House, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 27, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use subject to six conditions, and on Tuesday, August 23, 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 by Corpus Christi Hope House, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, located on the northwest corner of Robinson Street and Swantner Drive ("Property"), from the "RM -1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use; (Zoning Map No. 045040), as shown in Exhibit "A" and Exhibit "B." Exhibit A, which is a map of the Property, and Exhibit B, which is a site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in its entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the following conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist clients with their transition into permanent housing, and a community outreach program for distribution of household supplies and life -skills training limited to 500 square feet. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. The facility shall accommodate up to five residents and their dependent children. 2. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 3. Required Yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. 4. Parking: The parking requirement for the transitional living facility is one space per employee and one space per 250 sq. ft. of office area. The parking requirement for the community outreach program is one space for per 300 square feet. The parking requirement can be achieved through a combination of off-site parking at 630 Robinson Street, on-site parking, and on -street parking. No less than five on-site parking spaces shall be provided on the Property. 5. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired if the allowed use is discontinued for more than six consecutive months. 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. 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 change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. 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. Ordinance_ RM -1 -SP 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_ RM -1 -SP Page 3 of 3 SUBJECT PROPERTY 0 400 800eet Date Created: 6/28Y,201lI{ Prepared/By: tvetteM Department of Development Se7s� CASE: 0716-04 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 SUBJECT PROPERTY City of Corpus Christi EXHIBIT A I is CFL41'1 '1K'4.lX 4MCacREa„ 2 3 4 r•--rr. •ru-er�x�x� rnrrrmwv rrrrrnr/If 1p8, Ana U'St COG IGeKc $ 19-r ri*s, t2 11101), Oki 441111, 1ST NIS' MEW t11111 IIIIIlINlfllilllflll ,xq..eecs Joe urp $61`-13'{ @SITE PLAN AT 658 ROBINSON 1 Saha I/p".r 13 Parking Spaces 4-37141 (OS TE PLAN AT suat -a- y +. 1,4 ........s at.m+uc+.stte- €4 4L4a va.n .aa eea+ twtca+r, at te4yt*. g • oai i �s !—iii r SECT10N AT DRIVEWAY {t Stxe EXHIBIT B �i-6i��s =1. CE]Li1 r co-P+c+to we 4 CO.1.4.73131 VAT.. Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Christi Hope House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use; 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 by Corpus Christi Hope House, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 27, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use subject to six conditions, and on Tuesday, August 23, 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 by Corpus Christi Hope House, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, located on the northwest corner of Robinson Street and Swantner Drive. (the "Property") from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use; (Zoning Map No. 045040), as shown in Exhibit "A" and Exhibit "B." Exhibit A, which is a map of the Property, and Exhibit B, which is a site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in its entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the following conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist clients with their transition into permanent housing, and a community outreach program for distribution of household supplies and life -skills training limited to 500 square feet. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. The facility shall accommodate up to five residents and their dependent children. 2. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 3. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. 4. Parking: The parking requirement for the transitional living facility is one space per employee and one space per 250 sq. ft. of office area. The parking requirement for the community outreach program is one space for per 300 square feet. The parking requirement can be achieved through a combination of off-site parking at 630 Robinson Street, on-site parking, and on -street parking. No less than five on-site parking spaces shall be provided on the Property. 5. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired if the allowed use is discontinued for more than six consecutive months. 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. 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 City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for commercial land 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. Ordinance_ CG -1 -SP 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_ CG -1 -SP Page 3 of 3 SUBJECT PROPERTY 0 400 800eet Date Created: 6/28Y,201lI{ Prepared/By: tvetteM Department of Development Se7s� CASE: 0716-04 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 SUBJECT PROPERTY City of Corpus Christi EXHIBIT A I is CFL41'1 '1K'4.lX 4MCacREa„ 2 3 4 r•--rr. •ru-er�x�x� rnrrrmwv rrrrrnr/If 1p8, Ana U'St COG IGeKc $ 19-r ri*s, t2 11101), Oki 441111, 1ST NIS' MEW t11111 IIIIIlINlfllilllflll ,xq..eecs Joe urp $61`-13'{ @SITE PLAN AT 658 ROBINSON 1 Saha I/p".r 13 Parking Spaces 4-37141 (OS TE PLAN AT suat -a- y +. 1,4 ........s at.m+uc+.stte- €4 4L4a va.n .aa eea+ twtca+r, at te4yt*. g • oai i �s !—iii r SECT10N AT DRIVEWAY {t Stxe EXHIBIT B �i-6i��s =1. CE]Li1 r co-P+c+to we 4 CO.1.4.73131 VAT.. Aerial Overview I N Aerial Site Plan 111 5 .t• 1' NOD ffloVt. 13 Parking Spaces e=1) Accessory Building FOLDING PARTITION V,C,R3 row MEETING ROM 235 SO. FT. MEETING ROOM BLDG Staff Recommendation Denial of the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit subject to the following conditions: Special Permit Conditions 1. Use: • "RM -1" District Uses • Transitional Housing Facility and an accessory community outreach program for distribution of household supplies and life -skills training limited to 500 square feet. • No soup kitchen or public feeding shall be allowed. • Definition of Transitional Housing Facility: a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. • Limited to five residents and their dependent children. Special Permit Conditions 2. Security: The transitional housing facility shall be monitored by staff 24 hours a day. 3. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. 4. Parking: Transitional Living: 1 per employee and 1 space per 250 sq. ft. of office area. Community Outreach: 1 per 300 square feet Special Permit Conditions 5. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired if the allowed use is discontinued for more than six consecutive months. PLANNING COMMISSION FINAL REPORT Case No. 0716-04 HTE No. 16-10000026 Planning Commission Hearing Date: July 27, 2016 (Tabled from July 13, 2016) Applicant & Legal Description Applicant/Owner: Corpus Christi Hope House, Inc. Legal Description/Location: Being the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, located on the northwest corner of Robinson Street and Swantner Drive. Zoning Request From: "RM -1" Multifamily 1 District To: "CG-1/SP" General Commercial District with a Special Permit Area: 0.22 acres Purpose of Request: To continue operation of an existing transitional housing facility. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 Public/Semi-Public Medium Density Residential North "RS -6" Single -Family 6 Low Density Residential Low Density Residential South "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential East "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential West "RS -6" Single -Family 6 Ray High School Public/Semi-Public ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for medium density residential. The proposed rezoning to the "CG-1/SP" General Commercial District with a Special Permit is not consistent with the adopted Future Land Use Map or the Southeast Area Development Plan. Map No.: 045040 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 75 feet of street frontage along Robinson Drive, which is a local residential street, and approximately 115' feet of frontage along Swantner Drive, which is also a local residential street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Robinson Drive Local Residential 50' ROW 28' paved 50' ROW 27' paved N/A Swantner Drive Local Residential 50' ROW 28' paved 60' ROW 35' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit to allow a Social Service Use to continue operating. Specifically, the proposed Social Service Use is a transitional housing facility that provides residences for women and their dependent children. A transitional housing facility is not explicitly defined or identified in the Unified Development Code (UDC) and could be considered either a Social Service Use or Group Living Use. A later UDC text amendment will be needed to better define the transitional housing use and the zoning district where it is allowed. A Group Living Use is characterized as "Residential occupancy of a structure by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents, and the residents may receive care or training." Social Services Uses are characterized in the UDC as "uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems and transient housing related to social service programs." Until the UDC is amended through a public hearing process to determine the best category and zoning district for transitional housing facilities, Staff has conservatively determined that the use is best categorized as a Social Service Use. Development Plan: Hope House has existed at this location since 1992. Previous zoning ordinances allowed the use in the multifamily zoning districts. Today the use does not conform to the regulations of the UDC: "transient housing related to social service programs" is not allowed in the multifamily zoning districts. The applicant requests the change in zoning to bring the existing facility into compliance. The premises currently has three structures on site; a large two-story apartment building, an accessory structure and a storage shed. The two-story apartment building currently accommodates up to five women and their dependent children. One of the units in the apartment building serves as the office and reception area. The accessory structure referred to as the "Resource Center" building has a large meeting/classroom with computers for a "Life Skills Training Program", an office, a food bank and, a main laundry room. Additional storage needs are also accommodated within the structure to store food, clothing, furniture, diapers and necessities that are distributed to needy mothers of our community through a program identified as the "Gabriel Project Planning Commission Final Report Page 3 Community Outreach Program". On site operations include management and oversight of a second facility located at 630 Robinson Street, which is the subject of a separate zoning change application (Case 0716-03). The applicant intends to remodel the existing office to expand the size of the office, however, no additional structures are planned for this site. Existing Land Uses & Zoning: The subject property is zoned "RM -1" Multifamily 1 and is occupied by a public/semi-public use (Hope House). North of the subject property is zoned "RS -6" Single -Family and consists of low density residential uses. South and east of the subject property is zoned "RM -1" Multifamily 1 and consists of medium density residential. West of the subject property is zoned "RS -6" Single -Family 6 and consists of public/semi-public uses (Ray High School athletic track). AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property consists of one platted lot and a portion of an adjacent platted lot. A replat is not needed since no construction across lot lines is proposed. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan. While the requested "CG -1" District is not appropriate at this location or consistent with City plans/policies, the proposed transitional housing facility allowed by Special Permit is consistent with elements of the Southeast Area Development Plan and consistent with the adopted Future Land Use Map's designation of the property for medium density residential uses. Additionally, the following are Comprehensive Plan Policy Statements that warrant consideration: • Comprehensive Plan Policy Statements on Social Services (pg. 52): A. Social service facilities should be provided in a systematic manner that ensures services are provided where they are most needed. In order to systematically provide these services, standards should be developed which are based on population size and the socio-economic characteristics of the population. B. Some social service facilities should meet the needs of specific populations. The quality and physical setting of all social services should be periodically reviewed, and improved if necessary, to meet the needs of the elderly, disabled, and other special population groups. • Comprehensive Plan Policy Statements on Land Use, Residential a. Each neighborhood of the city shall be protected and/or improved so as to be desirable and attractive residential environment. Planning Commission Final Report Page 4 Department Comments: • The applicant intends to remodel the existing office to expand the size of the office, however, no additional structures are planned for this site. • The proposed rezoning with the "CG -1" General Commercial is not consistent with the Comprehensive Plan Future Land Use Map or the policies of the Comprehensive Plan or Southeast Area Development Plan. However, maintaining the subject property's base zoning district of "RM -1" Multifamily 1 District and additionally granting a Special Permit for the transitional housing facility is consistent with City plans/policies. • Transitional housing facilities with sufficient organizational support can create positive impacts for the community. • As stated by the applicant, the close proximity of this location to transit service, grocery stores, restaurants, employment centers and community services are ideal for the residents of Hope House. • Nearly all of Robinson Street is developed with similar multifamily structures including another type of social service use ("Recovery Contacts" at 626 Robinson Street). • Residents do not own vehicles, so the proposed use is not expected to generate any significant increase in vehicular traffic or parking demand in the neighborhood. • The Special Permit request meets all of the review criteria required by UDC Article 3.6.3. Planning Commission and Staff Recommendation: Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1 District with a Special Permit for a social service use, subject to the following six conditions: 1. Use: The only use authorized by this Special Permit other than uses permitted in the base zoning district is a Transitional Housing facility, a social service use operated to assist clients with their transition into permanent housing, and a community outreach program for distribution of household supplies and life -skills training limited to 500 square feet. No soup kitchen or public feeding shall be allowed. For the purposes of this section, Transitional Housing is defined as a facility that provides housing and appropriate supportive services to facilitate the movement of homeless individuals into independent living within 24 months or longer. The facility shall accommodate up to five residents and their dependent children. 2. Security: The transitional housing facility located on the Property shall be monitored by staff at all times. 3. Required yards: New construction shall comply with the required yards set forth in the "RM -1" Multifamily 1 District in the UDC. 4. Parking: The parking requirement for the transitional living facility is one space per employee and one space per 250 sq. ft. of office area. The parking Planning Commission Final Report Page 5 requirement for the community outreach program is one space for per 300 square feet. The parking requirement can be achieved through a combination of off-site parking at 630 Robinson Street, on-site parking, and on -street parking. No less than five on-site parking spaces shall be provided on the Property. 5. Lighting: Freestanding light poles on the Property shall not exceed 15 feet in height. The Owner shall comply with all other UDC lighting requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired if the allowed use is discontinued for more than six consecutive months. Public Notification Number of Notices Mailed — 21 within 200 -foot notification area 6 outside notification area As of August 2, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 0 outside notification area Totaling 4.25% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Floor Layouts (first and second floors of the residential structure & Gabriel Project building) 4. Application 5. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0716-04 Hope House (658 Robinson)\Council Documents\Report for CC_0716-04 Hope House (658 Robinson).docx N � 1017* 41**** cg C 0 SUBJECT PROPERTY 400 800 Feet Ci' Date -Create : X28//22016\ /reparet By:IvetteM Department of D oprrient ei ices'\ CASE: 0716-04 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 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 FR H BP 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 RV RecreationalSpecialPermit Vehicle Park RMH Manufactured Home nSubject Property with 200' buffer 4 Owners within 200' listed on Owners in favor Owners attached ownership table in opposition AGNES 6 et MORGAN SUBJECT PROPERTY LOCATION MAP City of Corpus I\ Christi 1 I is CFL41'1 '1K'4.lX 4MCacREa„ 2 3 4 r•--rr. •ru-er�x�x� rnrrrmwv rrrrrnr/If 1p8, Ana U'St COG IGeKc $ 19-r ri*s, t2 11101), Oki 441111, 1ST NIS' MEW t11111 IIIIIlINlfllilllflll ,xq..eecs Joe urp $61`-13'{ @SITE PLAN AT 658 ROBINSON 1 Saha I/p".r 13 Parking Spaces 4-37141 (OS TE PLAN AT suat -a- y +. 1,4 ........s at.m+uc+.stte- €4 4L4a va.n .aa eea+ twtca+r, at te4yt*. g • oai i �s !—iii r SECT10N AT DRIVEWAY {t Stxe EXHIBIT B �i-6i��s =1. CE]Li1 r co-P+c+to we 4 CO.1.4.73131 VAT.. 06/26/2006 10:16 IAl 361 5S4 Qs Dykema Architects 1Z100- Corpus Z100- Corpus Christi Hope House, Inc. - Hope House Renovations and Improvements pl\us/\\— $ 1 | 2 \ 1El |SITE, FLOOR PIAN, & INTERIOR ELEVATIONS � \IMPROVEMENTS TO CORPUS S E /OUSE 630 ROBINSON PVF mR_mr_,� _ age ,§ ,41 i D ��� ARCHITECTS. n 08'25/2001 10: -FAI1 841$558 irkema iirchi tects 00; Corpus hristi Hope House, Inc. - Hope House Renovations and Improvements -FOLDING PARTITION w 2 0 J Lf) e 41._____\7.0 LJ_ CO MEETING ROOM BLDG 235 SQ. FT. 1 liS-,C .. c Development Services Dept P.O Box 9277 Corpus Christi Texas 78469-9277 (361) 826-3248 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: 0716-04 Map No.: 045040 PC Hearing Date' July 13, 2016 Proj.Mgr: Hearing Location City Hall. Council Chambers, 1201 Leopard Street Hearing Time 5:30 P.m. PER HEARING. • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Corpus Christi Hope House, Inc. Contact Person : Melissa Juarez/Melinda Baker Mailing Address' 658 Robinson street City: Corpus Christi State TX ZIP: 78909 Phone: ( 361 )852-2273 E-mail: hopehousecc@mygrande.net / bakermelinda@hotmail.com Cell:( 361 )510-5045 2. Property Owner(s) Corpus Christi Hope House, Inc. Contact Person : Melissa Juarez/Melinda Baker Mailing Address 658 Robinson Street City: Corpus Christi State` TX ZIP 78404 Phone: ( 361 ) 852-2273 E-mail. hopehousecc@mygrande.net / bakermelinda@hotmail.Com Ce1;( 361 ) 510-5045 659 Rahinaon Street, Co ua Christi, TX 70404 3. Subject Property Address°Area of Request (SF/acres). approximately .5 scree PM -1 Multifamily 1 District/Used as a hornet'', Current Zoning & Use. shelter since 1996 Proposed 0 Zoning & Use: social serice Diva 15.1.].1}/seme1ea• Shelter 12 -Digit Nueces County Tax ID: 9 4 7 5_ 0 0 3 8 _0 1 9 Subdivision Name: Lindale Park Unit 4 W20' Lt14 Buck. 38 Lot(s) all of Lot 15 Legal Description if not platted: Lindale Park Unit 4 W20' Lt 14 all of Lot 15 Block 38 4. Submittal Requirements: ❑ Early Assistance Meeting: in Land Use Statement IF APPLICABLE: ❑ Peak Hour Trip Form (if request ❑ Metes & Bounds Description with Date Held ® Disclosure is inconsistent exhibit landowner ; with City Staff Copy of Interest ® with Future Land Use if properly includes un -platted is not signing this form of Warranty Deed Plan) ❑`Site Plan for PUD or Special Permit land (sealed by RPLS) ID Lien Holder Authorization • Appointment of Agent Form if I certify that 1 have provided the City of Corpus Christi with a complete application or on beU of the Property Owner(s); and tthrhe IC 07,.., '-lformation for review; that I am provide authonzed to initiate th s rezoning accurate" Own gr or Agent's Signature A Melissa Juarez pt Melissa can igS nature Juarez Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: 3/8/16 Received By: bkp ADP.: SR Rezoning Fee: + PUD Fee + Sign Fee = Total Fee No. Signs Required @ 510/sign Sign Posting Date: Form Renard 5-'212015 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 purpose of this request is to conform to City of Corpus Christi Zoning Ordinances. Corpus Christi Hope House has operated a homeless shelter at 658 Robinson Street since 1996. The address is currently zoned as RM -1 Multifamily 1 District, our organization is submitting a request for rezoning to be considered for Social Service Uses [5.1.3.11 so that the Homeless Shelter would conform and be in compliance with City of Corpus Christi Zoning Ordinances. Corpus Christi Hope House operates a homeless shelter for women and their dependent children at 658 Robinson in Corpus Christi, Texas and the organization's office and Resource Center is also located there. There are five regular employees on-site at 658 Robinson Street. The site is approximately one half acre. The facilities located at 658 Robinson Street are 4,072 sq. ft. Birth Haven is a large two-story apartment building that accommodates up to five women and their dependent children. Our main office and reception area is located in one of the apartments. One of the apartments and the main office are in full compliance with the American Disabilities Act for residents and clients with physical disabilities. Our Resource Center building, next to Birth Haven, has a large meeting/classroom with computers for our Life Skills Training Program for our residents, office, Food Bank, and a main laundry room. It also has storage rooms for food, clothing, furniture, diapers and necessities to be distributed to the needy mothers of our community through our Gabriel Project Community Outreach Program. There is easy access to transportation, since city bus service is within two blocks of the location. Hope House provides free bus tokens and bus passes to our residents. HEB, restaurants and shopping centers are also located within two blocks of the shelters. Employment centers and community services are within a few miles of the shelters. Hope House is in Lindale Park Unit 4 W20' Lt 14 all of Lot 15 Block 38. There are no demolition plans and the address adheres to coded setback area. No signage exists, except for notices on office door about hours of operation. Hours of operation for the office are Monday - Friday, 8 am - 5 pm, although residents are on-site 24 hours a day. We typically house one family per apartment. Handicap Parking is accessible from our driveway. Adequate parking exists, no plans for modifications or increased parking. 2. Identify the existing land uses adjoining the area of request: North - Residential Quadplex Apartments South- Ray High School Track East - Residential Home West - Residential Quadplex Apartments C USERS\TANYAR.0001DESKTOP\DAILY USE\ANNIKA\LAND USE STATEMEN I 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: Corpus Christi Hope House, Inc. STREET: 658 Robinson Street CITY: Corpus Christi ZIP: 78404 FIRM is: Corporation °Partnership °Sole Owner °Association °Other Non-profit DISCLOSURE QUESTIONS 1f additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A N/A 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board. Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be prompt), submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person Melissa Juarez Title Executive Director (Print Name) Signature of -Certifying Person Date 3/7/2016 K YJEVhLOPMENTSVCSLSNARE01LAND DEVE. ¢MEN1W'PL,ICATION FORMSIREZONING16ISCLOSURE OF INTERESTS STATEMENT 5,12.2015 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 incaaacidades, aue tienen la intencion de asistir a esta junta v aue reauieren servicios especiales. se les suolica aue den aviso 48 horas antes de la junta ilamando al departamento de servicios de desarrollo, al nOrnero (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 iunta v su inales es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al nCamero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interorete ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0716-04 P civ 6i 'I)1311(e Corpus Christi Hope House, Inc. has petitioned the City of Corpus Christi to consider a rezoning from the "RM -1" Multifamily 1 District to the "CG -1 /SP" General Commercial District with a Special Permit for a social service use. The applicant plans to continue the operation of an existing transitional living facility. The property to be rezoned is described as: Being the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, located on the northwest corner of Robinson Street and Swantner Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or modifications to Special Permit conditions. 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, July 13, 2016, 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 mBE 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: /oS 7-- 6{444.04 City/State: C 7.--A 7 ( ) IN FAVOR REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 5 HTE# 16-10000026 IN OPPOSITION Phone: /4 `• 6 agzo --7/i3); Case No. 0716-04 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 y que recuieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al nimero (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 dirioirse a la commission durante la junta v su inules es limitado. favor de Ilamar al departamento de servicios de. desarrollo al nirmero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSIONU PUBLIC HEARING NOTICE \ d i ItqlCe Rezoning Case No. 0716-04 Corpus Christi Hope House, Inc. has petitioned the City of Corpus Christi to consider a rezoning from the "RM -1" Multifamily 1 District to the "CG-1/SP" General Commercial District with a Special Permit for a social service use. The applicant plans to continue the operation of an existing transitional living facility. The property to be rezoned is described as: Being the west or southwest portion of Lot 14 and all of Lot 15, Block 38, Lindale Park Subdivision Section 4, located on the northwest corner of Robinson Street and Swantner Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or modifications to Special Permit conditions. 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, July 13, 2016, 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: 4t.ze 1 Address: LP 41 7� %� cr-61-4 City/State: CC ( ) IN FAV R REASON: IN OPPOSITION Phone: .- 5-90 SEE MAP ON REVEPSE SIDE Property Owner ID: 10 HTE# 16-10000026 Signature '[-/7)1vA -7/1/3Iii Case No. 0716-04 Project Manager: Dolores Wood AGENDA MEMORANDUM First Reading Ordinance for the Council Meeting of August 23, 2016 Second Reading Ordinance for the City Council Meeting of August 30, 2016 DATE: August 8, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2601 Amending Parking Advisory Committee to update membership composition CAPTION: Ordinance amending Section 53-196 Parking Advisory Committee of the Corpus Christi Code of Ordinance to update membership composition; providing for severance and an effective date. PURPOSE: The membership composition needs to be amended to rename the Corpus Christi Beach Task Force to the North Beach Community Association. BACKGROUND AND FINDINGS: The Task Force has dissolved due to completion of task. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends amending the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending Section 53-196 Parking Advisory Committee of the Corpus Christi Code of Ordinance to update membership composition; providing for severance and an effective date. Whereas, the Corpus Christi Beach Task force has dissolved due to completion of task. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 53, Section 196 Parking Advisory Committee, is amended as follows: Sec. 53-196. - Parking Advisory Committee. (a) There is hereby created an advisory board to be called the Parking Advisory Committee. (b) Membership composition, appointments and terms of the Parking Advisory Committee are as follows: (1) Appointment: The Parking Advisory Committee shall be appointed by the city council and will be composed of eleven (11) voting members and three (3) non- voting advisory members as follows: a. One (1) member nominated by the district council member who represents the downtown area. b. Two (2) members nominated by the Downtown Management District. c. One (1) member nominated by the Corpus Christi Bcach Task Force. North Beach Community Association d. One (1) member nominated by the Uptown Neighborhood Initiative. e. Two (2) members nominated by the Building Owners and Management Association. f. One (1) member nominated by the Corpus Christi Convention and Visitor's Bureau. g. Two (2) members who shall represent downtown residential interests - one (1) member to be a resident where paid parking meters are collected and one (1) member to be an owner of residential living property in the City Center Area. h. One (1) member to represent the community at large. Page 1 i. The city manager, police chief, parks and recreation director or their designees shall serve as non-voting advisory members. The parking control manager or supervisor shall serve as liaison to the committee. (2) Terms and vacancies: a. Of the eleven (11) members with voting power, the initial terms of six (6) members shall serve a two-year term, and five (5) members shall serve a three-year term as determined by a drawing to be conducted in the city secretary's office. Thereafter, all terms shall be three (3) years with terms expiring on July 31 of the applicable year. b. All vacancies shall be filled in the same manner and to represent the same category vacated. The parking advisory committee provides advice and recommendations to the police chief, city manager or city council on matters relevant to the administration and enforcement of this chapter, including: a. On -street and off-street parking, special events, and revitalization projects within the city center; b. Developing parking enhancement projects for the city such as expansion of paid parking zones and parking facilities. c. Parking and signage programs and city center concerns. d. The location, time and rates for paid parking zones, paid parking facilities owned or controlled by city, parking meters and parking pay stations, and penalties for delinquent violators. e. Expenditure or usage of Parking Improvement Fund. f. Parking improvement. g. Participate with the county on parking enhancement and city center revitalization matters. (3) (4) Organization: The committee shall elect, from among its voting members at the first meeting, a member to serve as a chairperson and a vice -chairperson, and who shall serve for a term of one (1) year. (c) The parking advisory committee meets a minimum of twice yearly and may meet at other times at the call of the chairperson of the committee. (d) The parking advisory committee shall submit written reports and recommendations to the police chief and city manager. The city manager will review the reports and recommendations before submitting to city council for action if necessary. (e) The parking advisory committee shall act in an advisory capacity and shall not incur any debts, expenses or liability to the city. The committee may establish and adopt bylaws not inconsistent with the ordinance. (f) Page 2 SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. For it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. This ordinance takes effect upon passage. Page 3 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 4 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 23, 2016 Second Reading Ordinance for the City Council Meeting of August 30, 2016 DATE: August 2, 2016 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a $2,500 grant from NuStar Energy L.P. to purchase equipment for the Aerial and Emerging Robotics Team. CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from NuStar Energy L. P. in the amount of $2,500 to purchase equipment for the Emerging Robotics team; and appropriating $2,500 from NuStar Energy L.P. into the No. 1062 Fire Grant Fund to be used specifically to purchase equipment for the Emerging Robotics team. PURPOSE: The grant will be used to purchase equipment for the Aerial and Emerging Robotics team. The equipment will allow the team to transmit video images from the Unmanned Aerial System (drone) to a ground monitor and streamed to a secure site on the internet. Command Units, Administration, and EOC will access the video and have a better situational awareness, thereby improving safety and effectiveness at an emergency incident. Additional uses of the Unmanned Aerial System will be overhead view of a large fire, damage assessment of a hurricane, wide area search for victims in the water and land. Fire Prevention activities such as determining the condition and layout of buildings. Hazmat incidents to determine the size of an event and the direction and speed of the plume. BACKGROUND AND FINDINGS: None ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Ordinance to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance —Grants FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $2,500.00 $2,500.00 BALANCE $2,500.00 $2,500.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approving the Ordinance to accept and appropriate the grant funds in the amount $2,500.00 LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance Authorizing the City Manager or designee to accept a grant from NuStar Energy L.P. in the amount of $2,500 to purchase equipment for the Emerging Robotics team; and appropriating $2,500 from NuStar Energy L.P. into the No. 1062 Fire Grant Fund to be used specifically to purchase equipment for the Emerging Robotics team. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from NuStar Energy L.P. in the amount of $2,500 to purchase equipment for the Emerging Robotics team. SECTION 2. That $2,500 is appropriated in the No. 1062 Fire Grant Fund to be used specifically to purchase equipment for the Emerging Robotics team. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor uStar May 25, 2016 City of Corpus Christi Corpus Christi Fire Department cio Jim DeVisser 2406 Leopard St Ste 300 Corpus Christi TX 78408 Dear Corpus Christi Fire: Because of the great work you're doing in the community, we're happy to make a contribution to your agency! It's our hope that by contributing to worthwhile causes, like yours, we can help make a difference by changing lives for the better! As part of our charitable giving program, we're required to document all donations made by NuStar Energy L.A., its subsidiaries and its affiliated Foundation for tax reporting purposes. We'd appreciate it if you would complete the information below about the attached contribution and return it to Michelle Unda at michelle.unda(cr�nustareneri;v.com or fax it to 210-918-5798. If you have any questions, please feel free to contact Michelle at 361-249-9429. Event (if applicable): Check #: (v 0 4/O4 59 3 Contribution Information Yes No 0 0 Amount: $ 2/ .5710. O O Check Date: �'2 3/20 / 6 We received the donation listed above. If not, please explain (did not receive, wrong amount, etc.) We are a 501(c)(3) organization. lapWe provided goods and/or services (green fees, dinner, etc.) to NuStar for this donation. If yes, the estimated fair market value of goods/services provided is: 5 ilsnak.2 '�ka1i�,i�C J1w.�e ViSS[� Signature Print Name kbee‘rZ\C Cpz, c EN c.)11:7 -C 5 7h, • Title Date We appreciate your help and all that you're doing to serve the community! 410 SPID Ste 200, Corpus Christi, TX 78405 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 23, 2016 Second Reading Ordinance for the City Council Meeting of August 30, 2016 DATE: August 9, 2016 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a grant from the Coastal Bend Regional Advisory Council in the amount of $15,000 to support the Web Based Emergency Operations Center (WebEOC) CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $15,000 for the benefit of the City's WebEOC operations; and appropriating $15,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support, training, and travel for the Corpus Christi Fire Department's WebEOC. PURPOSE: The Coastal Bend Regional Advisory Council (RAC) has forwarded to the City a check as a grant in the amount of $15,000. This is a direct grant for the benefit of the City's WebEOC operations. No application was required. The Office of Emergency Management (EOC) will use the funds to purchase equipment, technical support, training and travel. This is the sixteenth year that the Coastal Bend Regional Advisory Council has distributed similar grants to the Corpus Christi Fire Department. These funds originate from the Texas Department of State Health Services and are routed to the Regional Advisory Council for distribution. BACKGROUND AND FINDINGS: None ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None applicable. CONFORMITY TO CITY POLICY: Council approval of Ordinance to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance - Grants FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $15,000.00 $15,000.00 BALANCE $15,000.00 $15,000.00 Fund(s): Fire Grants Fund 1062 Comments: None RECOMMENDATION: Staff recommends approving the Ordinance to accept and appropriate the grant funds in the amount of $15,000.00. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance Authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $15,000 for the benefit of the City's WebEOC operations; and appropriating $15,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support, training, and travel for the Corpus Christi Fire Department's WebEOC BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from a grant from the Coastal Bend Regional Advisory Council in the amount of $15,000 for the benefit of the City's WebEOC operations. SECTION 2. That $15,000 is appropriated in the No. 1062 Fire Grant Fund to purchase equipment, services, technical support, training, and travel for the Corpus Christi Fire Department's WebEOC. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Coastal Bend Regional Advisory Council (CBRAC) Trauma Service Area U (TSA -U) P.O. Box 18460, Corpus Christi, TX, 78480 361-939-7177 phone 361-939-7117 fax www.cbrac.ora August 3rd, 2016, Mr. Billy Delgado Emergency Management Coordinator City of Corpus Christi Office of Emergency Management 2406 Leopard Street, 4th floor Corpus Christi TX 78408 Dear Mr. Delgado, Thank you again on behalf of our organization to you and your staff at the City OEM for their continued administrative support of WebEOC. It is a critical tool for our regional healthcare system and provides a means for the medical community to share valuable information in real-time fashion during emergency situations. This letter will serve as confirmation that CBRAC will once again be able to provide the OEM with financial support through dollars awarded from our federally funded Hospital Preparedness Program distributed by the Texas Department of State Health Services. The attached Memorandum of Agreement (MOA) outlines the roles and responsibilities that we have previously discussed and shows the actual monetary amount of $15,000 we can provide for support in FY17. Again, we thank you and your staff for the continuous support and collaboration with the regional WebEOC program. Thank you as always for your time. Sincerely, ctiCCff Hilary Watt, Executive Director CBRAC, EMTF-11 hilarv@cbrac.org CBRAC is n 501(0 (3) nonprofit organization with an office located at 725 Elizabeth Street.smte4,.Corpus Christi, TX, 78404 AGENDA MEMORANDUM First Public Hearing for the City Council Meeting of August 23, 2016 Second Public Hearing for the City Council Meeting of August 30, 2016 DATE: August 5, 2016 TO: FROM: Margie C. Rose, City Manager Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Public Hearing on Fiscal Year 2017 Ad Valorem Tax Rate CAPTION: Public Hearing on Fiscal Year 2017 Ad Valorem Tax Rate PURPOSE: The State Property Tax code requires that two public hearings be held when a taxing unit proposes a tax rate that exceeds either the rollback rate or the effective tax rate, whichever is lower. BACKGROUND AND FINDINGS: The City of Corpus Christi is proposing a tax rate of $0.606264 per $100 valuation for fiscal year 2016-2017. Since this rate exceeds the effective tax rate of $0.582901 per $100 valuation, the Property Tax Code requires that the governing body schedule two public hearings on the proposal. The first public hearing will be held on Tuesday, August 23, 2016, and the second public hearing will be held on Tuesday, August 30, 2016. The vote for the final adoption of the tax rate will be held at the September 13, 2016 City Council meeting. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: • N/A DEPARTMENTAL CLEARANCES: • Office of Management and Budget FINANCIAL IMPACT: ❑ Operating Expense X Revenue ❑ Capital ❑Not Applicable FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - $ 108,400,000 $ 108,400,000 Encumbered/Expended amount of (date) - - - - This item - $ 108,400,000 $ 108,400,000 BALANCE - - $ - $ - FUND(S): General Fund $67,400,000 Debt Service Fund $41,000,000 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ad valorem tax rate of $0.606264 per $100 valuation on September 13, 2016. LIST OF SUPPORTING DOCUMENTS: • None AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 30, 2016 Second Reading for the City Council Meeting of September 13, 2016 DATE: August 16, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 8110 and 8520 Agnes Street (State Highway 44) CAPTION: Case No. 0816-03 Rangeland Products Terminal, LLC: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for a Heavy Industrial Use consisting of above ground storage tanks containing wholesale storage of fuels and lubricants. The subject property contains 189.1490 acres and is located at 8110 and 8520 Agnes Street (State Highway 44) between Agnes and Alpine Streets and between Chickery Street (unimproved) and Manning Road (County Road 53). PURPOSE: The purpose of this item is to rezone property to allow a heavy industrial use, wholesales storage of fuels and lubricants, in a light industrial zoning district by Special Permit. RECOMMENDATION: Planning Commission and Staff Recommendation: Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to the following conditions: 1. Allowed Uses: The only use allowed on the Property other than those uses allowed by -right in the "IL" Light Industrial District is the wholesale storage of fuel and lubricants. The number of above ground fuel tanks on the site plan is illustrative and therefore, could include more or less above ground fuel tanks as desired by the applicant, provided that all other requirements are in compliance. Hemispheric pressurized tanks shall be prohibited on the Property. 2. Fire Department Approval: Development of the Property, including the storage of fuels and lubricants, shall comply with all Fire Department requirements. 3. Storm Water Detention: The Owner shall construct and maintain any necessary aboveground detention facilities in a manner that prevents water from standing for longer than 48 hours after the design storm and the drainage facilities shall remain completely dry between storms. 4. Federal Aviation Administration (FAA): The Owner shall submit notice to the FAA prior to obtaining building permits for each structure or tank or to the temporary location of potential aviation hazards such as construction cranes on site. 5. Airport Hazards: a. Height: The Maximum height of structures shall comply with the City's Airport Zoning Ordinance and the most current conical surfaces map of Corpus Christi International Airport. b. Lighting: All lighting shall be shielded toward the site and shall not conflict with airport flight operations per the Corpus Christi Airport Zoning Regulations. c. Other Airport Hazards: No use or activity shall create electrical interference with navigational signals or radio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. 6. Landscaping and Screening: The Owner shall install and maintain landscaping in the southeast corner of the Property at the corner of Agnes Street and Manning Road. A landscape street yard shall be delineated by a triangle formed by a line tangent to the proposed railroad tracks and the street right-of-way lines of Agnes Street and Manning Road. Within this landscape street yard, the minimum required landscaped area shall be 15% of the total street yard and the street yard shall be landscaped with plant material approved by Corpus Christi International Airport and listed in the UDC to achieve a minimum of 0.02 points per square foot of total street yard area. Landscaping shall not be required along Manning Road, Alpine Street or the unimproved Chickery Street right-of-way, however, landscape screening of parking lots and truck loading facilities within 100 feet of any street right-of-way shall be required in accordance with UDC Section 7.3.11. 7. Land Use Compatibility in Accident Potential Zones: The Owner shall not exceed a maximum Floor Area Ratio (FAR) of 0.28 in Accident Potential Zone (APZ) - 1 and 0.56 in APZ-2. 8. Time Limit: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted. In the case of a phased project, subsequent building permit applications shall be submitted within 18 months from the date of issuance of the Certificate of Occupancy or final approved inspections for the previous phase of the development. The Special Permit shall expire if the use is discontinued for more than six consecutive months. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: The applicant plans to construct a wholesale distribution facility for fuels and lubricants. The proposed development will include a tank farm consisting of approximately 16 storage tanks containing petrochemicals including fuels, lubricants, crude oil and propane. The storage tanks will range in size from 70 -foot in diameter to 150 -foot in diameter with capacities ranging from 1,134,000 to 5,040,000 gallons. The facility will also contain an office, employee parking lot with approximately 40 parking spaces, rail yard, train loading facility and a four -spot truck loading facility. The maximum height proposed for any structure is 100 -feet above mean sea level, or 56.5 -feet above the ground elevation. The property will have vehicular access (i.e. driveway) to Alpine Road. The facility will comply with all fire safety regulations and will be located at least 400 feet away from existing residential uses. While all heavy industrial uses would not be compatible with the airport, the proposed Special Permit is a zoning tool that can be used to narrowly define and control the desired heavy industrial use in a manner that will not conflict with the intent of the Comprehensive Plan or the operations at Corpus Christi International Airport. The primary intent of the Comprehensive Plan with regard to the subject property is to create land use compatibility with the Airport and create an attractive entryway to the city (scenic corridor). The applicant is in agreement with the staffs recommendation except for the required landscaping. The applicant has requested that the landscaping requirements be waived as landscaping could provide habitat for bird nesting areas and create a bird strike threat to airport operations and that the landscaping would interfere with onsite visual security of the facility. Note: Staff is of the opinion that oleander plantings will reduce the potential for bird nesting sites as compared with tree plantings and still accomplish the goal of creating an attractive entry way to the city. Standard landscaping requirements would require landscaping along all abutting roadways rather than just along one roadway, as proposed in the Special Permit conditions. ALTERNATIVES: 1. Deny the request. 2. Modify the conditions of the Special Permit. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan. The applicant's request for a Special Permit ("SP") for a heavy industrial use is not consistent with the Future Land Use Map, which designates the property for light industrial land uses. If approved, the base zoning, "IL" Light Industrial District, will remain in place with an "SP" Special Permit overlay, which will not require a change to the Future Land Use map. The goals and policies in the City's Comprehensive Plan are intended to protect the airport from encroachment of incompatible land uses and to create an attractive entry to the city. The Special Permit conditions, in staffs opinion, will achieve these goals and policies of the Comprehensive Plan and therefore a change to the Future Land Use Plan map will not be necessary. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Rangeland Products Terminal, LLC on behalf of Norma Lee Stockseth and Rafael Leal Cavazos ("Owners"), by changing the UDC Zoning Map in reference to a 189.1490 -acre tract of land located on Agnes Street (State Highway 44) west of Manning Road, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for the wholesale storage of fuels and lubricants; 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 Rangeland Products Terminal, LLC on behalf of Norma Lee Stockseth and Rafael Leal Cavazos ("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, August 24, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "IL" Light Industrial District o the "IL/SP" Light Industrial District with a Special Permit, and on Tuesday, August 30, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the applicant submitted a site plan for the development of the property with the uses allowed by the Special Permit, and the City reviewed such site plan as shown in Exhibit "A;" 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 by Rangeland Products Terminal, LLC on behalf of Norma Lee Stockseth and Rafael Leal Cavazos ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 189.1490 -acre tract of land, situated in the C.C. & S.F.R.R. Survey No. 313, Abstract 817, J.R. Ward Survey No. 316, Abstract 1005, Charles Land Patent No. 245, Survey No. 404, Abstract 975 and Abstract 976, and being a portion of Lots 1, 2, 11 & 12 of the H.B. Sheppard Farm Lots, and being a portion of the same tract of land known as a Share 6, a called 97.60 acres as conveyed to H.W. lsensee in Volume 317, Page 248 Deed Records of Nueces County, Texas, being the same tract of land as conveyed to Norma Lee Stockseth in Document No. #2011026126 O.P.R.N.C.T. and also being a portion of the same tract of land known as Share 7 conveyed to Nellie lsensee Fisher in Volume 317, Page 248 Deed Records of Nueces County, Texas, being the same tract of land conveyed to Rafael Leal Cavazos in Document No. #2004056050 O.P.R.N.C.T., located between Agnes Street (State Highway 44) and Alpine Street and between Chickery Street (unimproved) and Manning Road (County Road 53) (the "Property"), from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for the wholesale storage of fuels and lubricants (Zoning Map No. 057044), as shown in Exhibits "B" and "C." Exhibit B, which is a metes and bounds description of the Property, and Exhibit C, 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 Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit C and the following conditions: 1. Allowed Uses: The only use allowed on the Property other than those uses allowed by -right in the "IL" Light Industrial District is the wholesale storage of fuel and lubricants. The number of above ground fuel tanks on the site plan is illustrative and therefore, could include more or less above ground fuel tanks as desired by the applicant, provided that all other requirements are in compliance. Hemispheric pressurized tanks shall be prohibited on the Property. 2. Fire Department Approval: Development of the Property, including the storage of fuels and lubricants, shall comply with all Fire Department requirements. 3. Storm Water Detention: The Owner shall construct and maintain any necessary aboveground detention facilities in a manner that prevents water from standing for longer than 48 hours after the design storm and the drainage facilities shall remain completely dry between storms. 4. Federal Aviation Administration (FAA): The Owner shall submit notice to the FAA prior to obtaining building permits for each structure or tank or to the temporary location of potential aviation hazards such as construction cranes on site. 5. Airport Hazards: a. Height: The Maximum height of structures shall comply with the City's Airport Zoning Ordinance and the most current conical surfaces map of Corpus Christi International Airport. b. Lighting: All lighting shall be shielded toward the site and shall not conflict with airport flight operations per the Corpus Christi Airport Zoning Regulations. c. Other Airport Hazards: No use or activity shall create electrical interference with navigational signals or radio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. Ordinance - Rangeland Revised Page 2 of 4 6. Landscaping and Screening: The Owner shall install and maintain landscaping in the southeast corner of the Property at the corner of Agnes Street and Manning Road. A landscape street yard shall be delineated by a triangle formed by a line tangent to the proposed railroad tracks and the street right-of-way lines of Agnes Street and Manning Road. Within this landscape street yard, the minimum required landscaped area shall be 15% of the total street yard and the street yard shall be landscaped with plant material approved by Corpus Christi International Airport and listed in the UDC to achieve a minimum of 0.02 points per square foot of total street yard area. Landscaping shall not be required along Manning Road, Alpine Street or the unimproved Chickery Street right-of-way, however, landscape screening of parking lots and truck loading facilities within 100 feet of any street right-of-way shall be required in accordance with UDC Section 7.3.11. 7. Land Use Compatibility in Accident Potential Zones: The Owner shall not exceed a maximum Floor Area Ratio (FAR) of 0.28 in Accident Potential Zone (APZ) - 1 and 0.56 in APZ-2. 8. Time Limit: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted. In the case of a phased project, subsequent building permit applications shall be submitted within 18 months from the date of issuance of the Certificate of Occupancy or final approved inspections for the previous phase of the development. The Special Permit shall expire if the use is discontinued for more than six consecutive months. 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. 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 change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. 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. Ordinance - Rangeland Revised 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance - Rangeland Revised Page 4 of 4 V 118IHX CREW CHANGE m_ o --- --, � -2 LEGEND Existing Track - Optional Facility Access Corpus Christi Site I 120 Car Unit Train Length .- Unit Length Clear _7f 0 -- � Type (ft) Length 4 Spot Propane Unloading 2 Locomotive 75 150 <>MP 154.55; 10 Spot Refined Product Unloading 1 Buffer Car 60 60 120 Rail Cars 62 7440 CREW : Bad Orde Admin Rldg 1 Buffer Car 60 60 Tracks racks (3) 2 Locomotive 75 150 1,\+: Train Length 7860 �' Operat anal Buffer 200 200 TRUCK Required ClearTreck(ft) 8060 MI VDU - �1." ' RAIL VDU-� 4 -T8 -T13 ,/ �/ eo,v�, rn,.,:,. rax Clear �n rcn ma Lemon II Tilf11011, Bad Order110111......--- Tracks (3) ' - -4 Spot Truck Load/Unload �� Lean 624 Pump, Meter, Elec Area ���� Outer Loop Track - DePar.e 8276 8352 8536 9002 «n z - Inner Loop - Departure 10 Spot Refined Product Loading 8 8 8080 8180 - Outer Loop - Departure 4 Spot Propane Loading Outer Loop - Receiving - 1 1 M 12999 i Outer Loop Bad Order Tracks 8397 3235 s Crude Gathering Line Inner Loop - Receiving _y NI I 1643 2357 �'..S. Tank Farm Pumps/Meters 8 8 Gas Gathering Line op0Manifest ��a �Load :,�n1�a n"3Ta"1uP�n aaea 3000 3031 11 z «11 3 -- - __.- _� ____ 8 8 ' an�ao�lTa�anaom� TOTAL oo sszxs no szasa s -a III, 9 ,., i Mili i Product Storage Tanks - Crude Transmission Tank Type DIA Volume Line T1 Transmlx 70' 27k BBL ® ® ® © T4 CI( T2 High Grade Gasoline 70' 22k BBL T3 High Grade Gasoline 70'27k BBL - _ �,, i T4 Diesel 120' Bnk BBL © TS T7Ts Diesel 120' 80k BBL --___ T6 Gasoline 140' 80k BBL --' --___ i T7 Gasoline 140' 801e BBL T8 Propane 100" 90k Gal Bad Orde.-"= Manifest Support Tracks T9 Propane 130" 90k Gal -Manifest Transload Track Tracks (3) T10 T12 Propane Propane 130" 130" 90k Gal 90k Gal T1 Propane 130" 90k Gal -Pipeline Mech/Elect Equipment T13 Propane 130" 901, Gal T14 crude Iso• 120k BBL .i T15 crude 150' 120k BBL Proposed Manifest T16 crude Iso' 120k BBL Proposed Loop Receiving _n\ „ `. - _e Tank volumes are estimated working volumes Proposed Loop Departure 'L _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Existing Gas Transmission Line_ _ Stub Ended Unit Train Operation 300 0 300 600 \ Proposed Unit Stub Ended Proposed Bad Order Property Line ------ 2 - Double Sided Racks 4- Tracks 30 - 62' cars each ' SC n L F IN FE E T .ePa.N+LS-wiON..eAE-TrtLE H o[naamI[vio..E EXHIBIT �m��N o..E RANGELAND OPDUCSTERMINAL,LLC CRO STEPS TERMINAL RRangeland Energy &COMPANY ,. ,.,,, ,i1m011 EETNn LI"„nL",o ,E.ws"n _ n Clalstl-L".r,s STATE OF TEXAS NUECES COUNTY A field note description for a 189.1490 acres (8,239,329 Square Feet) tract of land, situated in the C.C.&S.F.R.R. Survey No. 313, Abstract 817, J.R. Ward Survey No. 316, Abstract 1005, Charles Land Patent No. 245, Survey No. 404, Abstract 975 and Abstract 976, and being a portion of Lots 1, 2, 11 & 12of the H.B. Sheppard Farm Lots, as recorded in Volume A, Page 51 Map Records of Nueces County, Texas (M.R.N.C.T.), and being a portion of the same tract of land known as a Share 6, a called 97.60 acres as conveyed to H.W. Isensee in Volume 317, Page 248 Deed Records of Nueces County, Texas (D.R.N.C.T.), being the same tract of land as conveyed to Norma Lee Stockseth in Document No. #2011026126 O.P.R.N.C.T. and also being a portion of the same tract of land known as Share seven (7) conveyed to Nellie Isensee Fisher in Volume 317, Page 248 Deed Records of Nueces County, Texas (D.R.N.C.T.), being the same tract of land conveyed to Rafael Leal Cavazos in Document No. #2004056050 O.P.R.N.C.T., BEGINNING at a 1/2 inch iron rod found in the centerline of Manning Road, (County Road 53), and the centerline of Alpine Street (County Road 40) same point being the southeast corner of a called 162.3 acres as conveyed to Dorothy Pavelka Trust in Document No. #2013036094 O.P.R.N.C.T., same point being the northwest corner of a called 6.674 acres, out of Lot 10 of the said H.B. Sheppard Farm Lots, for the northeast corner and the northwest corner of a called 6.674 acres, out of Lot 10 of the said H.B. Sheppard Farm Lots, same point being the northeast corner of the said 189.1490 acres (8,239,329 Square Feet) and the "POINT OF BEGINNING" of the herein described tract; THENCE South 00°42'39" East, along and with the centerline of the said Manning Road, along and with the common boundary of the said Rafael Leal Cavazos tract and the herein described tract, and the west boundary of the following nine (9) tracts: 1. Mineral Processing & Marketing, Called 6.674 acres out of Lot 10 of the said HB. Sheppard Farm Lots, Doc. No. #2004003645 O.P.R.N.C.T.; 2. Mineral Processing & Marketing, Lot 4, Block 1, Manning Subdivision Vol. 50, Pg. 108-109 M.R.N.C.T., Doc. No. # 2004003645 O.P.R.N.C.T.; 3. Baker Hughes Inteq, Called 50624 acres out of Lot 10 of the said H.B. Sheppard Farm Lots, Vol. A, Pg. 51 M.R.N.C.T.; 4. Baker Hughes Inteq, Lot 1, Block 1, Manning Village, Vol. 44, Pg. 79, M.R.N.C.T.; 5. Baker Hughes Inteq, Lot 2, Block 1, Manning Village, Vol. 48, Pg. 140, M.R.N.C.T.; 6. Christopher & Lillian Bleacher, Lot lA & 1B, Block 2, H.B. Sheppard Farm Lots, Vol. 45, PG 155, M.R.N.C.T., Doc. No. #2006038160, O.P.R.N.C.T.; EXHIBIT B 7. Recycle Drive, (55' R.O.W.) Public Roadway, Vol. 883, pg 136-138 D.R.N.C.T.; 8. Victor Hernandez, Called 3.604 acres out of Lot 3, of the said H.B. Sheppard Farm Lots, Doc. No. #850466 O.P.R.N.C.T.; 9. Mineral Processing & Marketing Inc., called 4.8141 acres out of the west half (1/2) of Lot 14 & a portion of Section 316, of the said H.B. Sheppard Farm Lots, Doc. No. #2007055084, O.P.R.N.C.T. A distance of 2,867.21 feet to a PK nail with flasher, found in the north R.O.W. of Kansas City Southern Railroad, (100' R.O.W.), same point being the southwest corner of the called 4.8141 acres (Mineral Processing & Marketing, Inc tract) for the southeast corner of the herein described tract; THENCE South 88°43'49" West, along and with the common boundary of the said Kansas City Southern Railroad and the herein described tract, at 1480.41 feet passing a 1 inch iron bar found for the southwest corner of the said Rafael Leal Cavazos tract, same point being the southeast corner of the said Norma Lee Stockseth tract, in all a distance of 2,858.70 feet to a 5/8 inch iron rod found in the east boundary of a dedicated 50' R.O.W., known as Hickory Street as recorded in Clarkwood Tracts Subdivision, Volume 16, Page 38, M.R.N.C.T., a for the southwest corner of the said Norma Lee Stockseth tract and the southwest corner of the herein described tract; THENCE North 00°42' 13" West, along and with the common boundary of the said east R.O.W. of Hickory Street and the west boundary of the herein described tract, a distance of 2,905.49 feet to a PK nail found in the center of Alpine Street (30' R.O.W.) and Chickory Street, same point being the southwest corner of a called 6.246 acres as conveyed to William Michael Sheets in Document No. #2013034896, O.P.R.N.C.T., for the northwest corner of the herein described tract; THENCE North 89°30'42" East, continuing along and with the south boundary of the said William Michael Sheets tract and the said Dorothy Pavelka Trust tract and the north boundary of the said Norma Lee Stockseth tract, a distance of 1,375.98 feet to a 5/8 inch iron rod plastic cap stamped "RPLS 6320" found for the northeast corner of the said Norma Lee Stockseth tract, same point being the northwest corner of the said Rafael Leal Cavazos tract for an interior of the herein described tract; THENCE North 89°11'46" East, continuing along and with the south boundary of the said Dorothy Pavelka Trust tract and the north boundary of the said Rafael Leal Cavazos tract, a distance of 1,480.37 feet the "POINT OF BEGINNING" and containing within these metes & bounds 189.1490 acres (8,239,329 Square Feet) of land, more or less. (All bearings are based on The Texas Coordinate System, South Zone 4205, NAD 83) and verified to property corners found in the ground. I hereby certify that the foregoing legal description was prepared from survey performed on the ground on June 7, 2016, under my supervision and it correctly represents the facts found at the time of the survey. EXHIBIT B Xavier Sandoval Registered Professional Land Surveyor License No. 5886 State of Texas EXHIBIT B NORTH LeG r N 00'42'13" W DOROTHY PAVELKA TRUST CALLED 162.3 ACRES, I OUT OF LOTS 13 & 20, A -»»i. H.B. SHEPPARD FARM LOTS, VOL. A, PC 51, M.R.N.C.T. DOC. NO. #2013036094, N 89°30'42" E 1375.98' ALPINE STREET 40 R0 NORMA LEE STOCKSETH REMAINING PORTION OF 91.354 ACRES, PORTON OF SHARE 8 & - LOTS 1 Pe 12, H.B. SHEPPARD VOL A. PC 51, M.R.N.C.T.. DOC No. 2011026128, 0.P.R.N.C.T. 0 AGNES STREET 400 PL GUY SW !HERO HNLHU N 89°11'46" E 1480.37' ALPINE STREET <40' R.0.W.1 5/8" IRF W/CAP RPLS 8320 al irwxoa: 11'4 RAFAEL ZEAL CAVAZOS CALLED 97.72 ACRES, OUT OF SHARE NO. F. ALL OF LOTS 2 & 11, PORTON OF LOT I & 12, H.B. SHEPPARD FARM LOTS, vDL.. 0. 21, 4058050. DOC. N0. 405800. D00 M N SURVEY NO. 31. POINT OF BEGINNING 5/8" IRF W/CAP RPLS 6320 MINERAL PROCESSNG & MARKETIN CALLED 6.674 ACRES, OUT OF LOT M.B. SHEPPARD FARM LOTS, VOL. A, PG 51, M.R.N.C.T. DOC. NO. 12004003845, O.P.R.N.C. MINERAL PROCESSING & MARKETING, LOT 4, BLOCK 1, MANNING VILLAGE. VOL. 50, PG 108-109, M.R.N.C.T., DOC. N0. 1 2004003845, 0.P.R.N.C.T BAKER HUGHES 161E0 CALLED 5.824 ACRES OUT OF LOT H.B. SHEPPARD FARM LOTS, BAKER HUGHES 161E0 IAT 1, BLOC( I, MANNING VILLAGE. BALER HUGHES INTEO OT 2, BLOCK I, MANNING VILLAGE, VOL 48, PC 11 CHRISTOPHER & LILLIAN BLEACH LOT 1A & 18, BLOCK 2, VOL. 45, M.R.N.C.T.,H.B. SHEPPARD FARM Doc. Na. #2008038180 O.P.R.N.I RECYCLE WNE VICTOR HERNANDEZ CALLED 3.604 ACRES OUT OF LOT 3, H.B. SHEPPARD FARM LOTS VOL A. PG 51. M.R.N.C.T. DOC. NO. 8850466, O.P.R.N.0 MINERAL PROCESSNC & MARKE CALLED 4.8141 ACRES OUT 6/2 PORTION OF SECTON 31 H.B. SHEPPARD FARM LO VOL. A, PC 51, M.R.N..T DOC. NO. #2007055084, O.P.R 5 88'43'49" W 2858.70' 800 1200 1" = 400' 189.1490 ACRES (8,239,329 SQUARE FEET) TRACT OF LAND, SITUATED IN THE C.C.&S.F.R.R. SURVEY NO. 313, ABSTRACT 817, J.R. WARD SURVEY NO. 316, ABSTRACT 1005, CHARLES LAND PATENT NO. 245, SURVEY NO. 404, ABSTRACT 975 AND ABSTRACT 976, AND BEING A PORTION OF LOTS 1, 2, 11 & 120F THE H.B. SHEPPARD FARM LOTS, AS RECORDED IN OLUME A, PAGE 51 MAP RECORDS OF NUECES COUNTY, TEXAS .R.N.C.T.), AND BEING A PORTION OF THE SAME TRACT OF LAND KNOWN AS A SHARE 6, A CALLED 97.60 ACRES AS CONVEYED TO H.W. ISENSEE IN VOLUME 317, PAGE 248 DEED RECORDS OF NUECES COUNTY, TEXAS (D.R.N.C.T.), BEING THE SAME TRACT OF LAND AS CONVEYED TO NORMA LEE STOCKSETH IN DOCUMENT NO. #2011026126 0.P.R.N.C.T. AND ALSO BEING A PORTION OF THE SAME TRACT OF LAND KNOWN AS SHARE SEVEN (7) CONVEYED TO NELLIE ISENSEE FISHER IN VOLUME 317, PAGE 248 DEED RECORDS OF NUECES COUNTY, TEXAS (D.R.N.C.T.), BEING THE SAME TRAC OF LAND CONVEYED TO RAFAEL LEAL CAVAZOS IN DOCUMENT NO. #2004056050 0.P.R.N.C.T., NOTES: • THE SUBJECT PROPERTY IS SITUATED WITHIN FLOOD ZONE "C". KNOWN AS AREAS OF MINIMAL FLOODING AS INDICATED ON FEMA FIRM COMMUNITY PANEL NUMBER: 485464 0145 C, MAP REVISED DATE: JULY, 18 1985, FOR NUECES COUNTY, TEXAS. • *SURVEYOR DOES NOT GUARANTEE OR WARRANT THE ACCURACY OR CORRECTNESS OF FEMA FIRM MAPS. • GRID BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD83, SOUTH ZONE 4205. • A METES & BOUNDS DESCRIPTION ACCOMPANIES THIS BOUNDARY EXHIBIT. • 0.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. • M.R.B.N.C.T. = MAP RECORDS OF NUECES COUNTY, TEXAS. • D.R.B.N.C.T. = DEED RECORDS NUECES COUNTY TEXAS. • 0.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS NUECES COUNTY, TEXAS. • ALL PROPERTY CORNERS SET ARE 5/8" IRON RODS WITH PLASTIC CAP STAMPED "XDS" EXCEPT AS NOTED. • 12 = DENOTES PROPERTY LINE. • ALL RIGHTS RESERVED © UCC1-2.7. REGISTERED PROFESSIONAL LAND SURVEYOR LICENSE NO. 5886, STATE OF TEXAS I, XAVIER SANDOVAL, REGISTERED PROFESSIONAL LAND SURVEYOR OF TEXAS, DO HEREBY CERTIFY THAT THIS PLAT REPRESENTS AN ON THE GROUND SURVEY, PERFORMED UNDER MY SUPERVISION THIS THE 7TH DAY OF JULY, 2016. XDS DATE 07#17 ;2016Lx1 T D SXDS APPROVED XDS DATE 07,18 2016 E SURVEYING 1 LIPPING SCALE I"-400' PROJECT ND. 160701 XD5 LAND 9URVLTING, LLC. PhONE: 210.718.71.59 V0 70dsandova'@71071.c FIRM REGIS -RATION 10194170 EXHIBIT C Aerial Overview 1 N Aerial At N Site Plan ALPINE ST. NI 1 SeNdl .opaue, '"'"s" AGNES ST. z z N Staff Recommendation Approval of the Change of Zoning to the "IL/ SP" Light Industrial District with a Special Permit Special Permit Conditions 1. Uses: • Light Industrial Uses • Wholesale storage of fuel and lubricants • Hemispheric pressurized tanks prohibited 2. Fire Dept. Approval: Required during permitting. 3. Storm Water Detention: • Detention Ponds - Prevent water from standing for longer than 48 hours after the design storm • Drainage facilities shall remain completely dry between storms. Special Permit Conditions 4. Federal Aviation Administration: Submit notice to FAA prior to obtaining building permits 5. Airport Hazards: • Height - Max. consistent w/Airport Zoning Ordinance • Lighting - Shielded toward site • Other Hazards - > Electrical interference with navigational signals > Interference with pilots distinguishing airport lights > Glare in pilots' eyes. > Bird strikes > Other inference with takeoff, landing, maneuvering Special Permit Conditions 6. Landscaping/Screening: • Landscaping of the southeast corner of the site • Landscaping required of any parking lot and truck loading facilities located within 100 feet of a street. • No additional landscaping along Alpine, Manning, or the unimproved Chickery Street. 7. Land Use Compatibility in AICUZ: • Maximum Floor Area Ratio of 0.28 in APZ-1 • Maximum Floor Area Ratio of 0.56 in APZ-2 Special Permit Conditions 8. Time Limit: • This Special Permit shall expire 12 months after approval unless a complete building permit application has been submitted. • For phased construction, each application shall be submitted within 18 months from the date of issuance of a Certificate of Occupancy or final approved inspections for the previous phase. • The Special Permit shall expire if the use is discontinued for more than six consecutive months. PLANNING COMMISSION FINAL REPORT Case No.: 0816-03 HTE No. 16-10000028 Planning Commission Hearing Date: August 24, 2016 Applicant: Rangeland Products Terminal, LLC Owner: Norma Lee Stockseth & Rafael Leal Cavazos Representative: Ram Munoz, Munoz Engineering Location: 8110 and 8520 Agnes Street (State Highway 44) between Agnes and Alpine Streets and between Chickery Street (unimproved) and Manning Road (County Road 53). Legal Description: Being a 189.1490 -acre tract of land, situated in the C.C. & S.F.R.R. Survey No. 313, Abstract 817, J.R. Ward Survey No. 316, Abstract 1005, Charles Land Patent No. 245, Survey No. 404, Abstract 975 and Abstract 976, and being a portion of Lots 1, 2, 11 & 12 of the H.B. Sheppard Farm Lots, and being a portion of the same tract of land known as a Share 6, a called 97.60 acres as conveyed to H.W. lsensee in Volume 317, Page 248 Deed Records of Nueces County, Texas, being the same tract of land as conveyed to Norma Lee Stockseth in Document No. #2011026126 O.P.R.N.C.T. and also being a portion of the same tract of land known as Share 7 conveyed to Nellie lsensee Fisher in Volume 317, Page 248 Deed Records of Nueces County, Texas, being the same tract of land conveyed to Rafael Leal Cavazos in Document No. #2004056050 O.P.R.N.C.T. Zoning Request From: "IL" Light Industrial District To: "IL/SP" Light Industrial District with a Special Permit for the wholesale storage and distribution of fuels and lubricants Area: 189.1490 acres Purpose of Request: To allow construction of a tank farm for wholesale storage of fuels and lubricants and accessory uses including an office, employee parking and rail yard. y C d ' E U) o � N a) }, • J U) . x w Site North South East West Existing Zoning District "IL" Light Industrial "IL" Light Industrial "IL" Light Industrial "IL" Light Industrial "IH" Heavy Industrial Existing Land Use Vacant Vacant Vacant Public Semi -Public Vacant Light Industrial Heavy Industrial Vacant Light Industrial Future Land Use Light Industrial Light Industrial Light Industrial Public Semi -Public Light Industrial Light Industrial Zoning Report Case # 0816-03 Rangeland Products Terminal, LLC Page 2 ADP, Map & Violations Area Development Plan: The subject property is located in the Port/Airport/Violet Area Development Plan (ADP) and is planned for light industrial uses. The proposed change of zoning to the "IL/SP" Light Industrial District with a Special Permit for a heavy industrial use is not consistent with the Comprehensive Plan Future Land Use designation of the property for light industrial uses. Map No.: 057044 Zoning Violations: None Transport- ation Transportation and Circulation: The subject property has approximately 2,800 feet of frontage along State Highway 44, which is an "F1" Freeway/Expressway and same amount of frontage on Alpine Street, a designated "C2" Collector Street. There is approximately 2,860 feet of frontage on Manning Road, a designated A2 Secondary Arterial Roadway and also on Chickery Street, an unimproved Local Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Agnes«F1„ Street (SH 44) Freeway/Expressway 400' ROW varies paved 326' ROW 160' paved 15,788 E 12,589 W (2007) Manning Road "A2" Secondary Arterial 100' ROW 54' paved 60' ROW 24' paved NA Alpine Street "C2" Secondary Collector 65' ROW 41' paved 60' ROW 24' paved NA Chickery Street Local Street 50' ROW 28' paved 60' ROW Unimproved NA Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit to allow construction of a facility for aboveground wholesale storage and distribution of fuels and lubricants. The proposed use is classified as "petroleum, gasoline, and lubricating oil refining, and wholesale storage," which is a "heavy industrial" use and may be allowed by Special Permit in the "IL" Light Industrial District. The facility will also contain an office, an employee parking lot, a rail yard, train loading and a truck loading facility. K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0816-03 Rangeland Products Terminal, LLC\Council Documents\8-25-16 Legistar Items\0816- 03 Report Rangeland Products Terminal, LLC 8-25-16 Revised.docx Zoning Report Case # 0816-03 Rangeland Products Terminal, LLC Page 3 Development Plan: The applicant plans to construct a wholesale distribution facility for fuels and lubricants. The proposed development will include a tank farm consisting of approximately 16 storage tanks containing petrochemicals including fuels, lubricants, propane and crude oil. The storage tanks will range in size from 70 -foot diameter to 150 -foot diameter with capacities ranging from 1,134,000 to 5,040,000 gallons. The facility will also contain an office, employee parking lot with approximately 40 parking spaces, rail yards, train loading facility and a four spot truck loading facility. The maximum height proposed for any structure is 100 -feet above mean sea level, or 56.5 -feet above the ground elevation. The property will have driveway access to Alpine Road. The facility will comply with all fire safety regulations and will be located at least 400 feet away from existing residential uses. Existing Land Uses & Zoning: North of the subject property is zoned for "IL" Light Industrial District including vacant land and Low Density Residential uses. East of the subject property is zoned with the "IL" Light Industrial District containing vacant land, one commercial and two heavy industrial uses. South of the subject property is zoned "IL" Light Industrial District with property uses including Agnes Street (SH 44) right-of-way, vacant land and a commercial use. West of the subject property is zoned with the "HI" Heavy Industrial District and includes unimproved Chickery Street right-of-way, vacant land and one light industrial use. Navy Land Use Compatibility in Accident Potential Zones (APZs): Navy Air Installation Compatibility Use Zones (AICUZ) do not officially exist around the runways of Corpus Christi International Airport (CCIA). However, as part of the Naval Air Station Corpus Christi (NAS) Joint Land Use Study (JLUS), AICUZs have been proposed for CCIA runways, and the subject property is located in APZ-I of the CCIA existing main runway. Due to the explosive characteristics of the proposed use, the Navy would discourage the proposed use at this location within an APZ. The Navy's Land Use Compatibility Recommendations Table (table), which is included in the City's UDC, identifies broad categories of land uses that are acceptable in the Clear Zones and APZs. The proposed use is specifically classified as "petroleum bulk stations and terminals — wholesale." This category falls into the broader category identified in the table of "wholesale trade," which is a compatible land use in the APZ-I and APZ-II. However, in a footnote under the compatible land use table it does state that the explosive characteristics of a proposed use should be considered when determining if a proposed use is appropriate within an APZ. After consulting with the Navy, this footnote should apply to the "wholesale trade" use category and they will recommend that the next version of the table include the footnote that consideration be given to a land use's explosive characteristics. The Navy also commented on the fact that the table does not allow "manufacturing or petroleum refining and related industries" in a Clear Zone or APZ. K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0816-03 Rangeland Products Terminal, LLC\Council Documents\8-25-16 Legistar Items\0816- 03 Report Rangeland Products Terminal, LLC 8-25-16 Revised.docx Zoning Report Case # 0816-03 Rangeland Products Terminal, LLC Page 4 As part of the NAS JLUS, the City created two new zoning districts to increase land use compatibility around the runways. Those districts are the "IC" Industrial Compatible District and the "CC" Commercial Compatible District, and both districts specifically prohibit aboveground fuel storage of any capacity. These new districts were intended for properties within an AICUZ. Corpus Christi International Airport (CCIA) Comments: The existing main runways approach path will be directly over the subject property, making the aboveground bulk storage of fuels of particular concern to the City. The City Aviation Department has not objected to the proposed development provided that property owner complies with FAA filing requirements and the City Airport Hazard Ordinance. Federal Aviation Administration (FAA) - Determinations of Hazards The applicant is required to request a determination of hazards from the FAA for each structure constructed on the subject property. The applicant will also have to submit a "Notice of Actual Construction" to the FAA for each structure. Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed rezoning is within the boundaries of the Port/Airport/Violet ADP, which designates the property for a light industrial use. If this Special Permit is approved, the base zoning district of "IL" Light Industrial will not change and therefore the Future Land Use Map will not be modified by this rezoning. • Areas surrounding existing private, public, and military airports should be developed in a manner that is compatible with the operation of the airports. (Corpus Christi Policy Statements, General, Policy Statements i) • Minimize incompatible land uses surrounding the airport while encouraging aviation dependent industrial businesses to take advantage of the proximity and access to the airport. (Port/Airport/Violet ADP, Principal Plan Objective f.) • This Port/Airport/Violet ADP identifies State Highway 44 as a scenic corridor. Heavy industrial uses, such as a tank farm, and billboards should be prohibited along scenic corridors. (Port/Airport/Violet ADP, Policy Statement B.7) Department Comments: • The proposed heavy industrial use is not consistent with the Future Land Use Map designation of Light Industrial use. The City planned for light industrial uses to be located around Corpus Christi International Airport (CCIA), so that manufacturing uses would not conflict with airport operations. • While all heavy industrial uses would not be compatible with the airport, the proposed "SP" is a zoning tool that can be used to narrowly define and control the desired heavy industrial use in a manner that will not conflict with the intent of the Comprehensive Plan or the operations at Corpus Christi International Airport. The primary intent of the Comprehensive Plan at this location is airport land use compatibility and creating an attractive entryway to the city (scenic corridor). K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0816-03 Rangeland Products Terminal, LLC\Council Documents\8-25-16 Legistar Items\0816- 03 Report Rangeland Products Terminal, LLC 8-25-16 Revised.docx Zoning Report Case # 0816-03 Rangeland Products Terminal, LLC Page 5 • The proposed development is directly underneath the existing main runway at CCIA. The property is subject to the City's Conical Surfaces map which controls height and limits any use that would interfere with flight operations at the airport. The maximum allowable height of a structure at the southeast corner of the subject property is approximately 85 -feet above mean sea level, however most of the property is under the 100 -foot or higher height restriction. The ground elevation of the property is at 42 -feet. The maximum height of a proposed structure by the applicant is 100 -feet above sea level. • Storing flammable products aboveground could create explosions and thick smoke in the event of an accident, which cause hazards for pilots and airport operation. Staff Recommendation: Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to a site plan and the following conditions: 1 Allowed Uses: The only use allowed on the Property other than those uses allowed by -right in the "IL" Light Industrial District is the wholesale storage of fuel and lubricants. The number of above ground fuel tanks on the site plan is illustrative and therefore, could include more or less above ground fuel tanks as desired by the applicant, provided that all other requirements are in compliance. Hemispheric pressurized tanks shall be prohibited on the Property. 2 Fire Department Approval: Development of the Property, including the storage of fuels and lubricants, shall comply with all Fire Department requirements. 3 Storm Water Detention: The Owner shall construct and maintain any necessary aboveground detention facilities in a manner that prevents water from standing for longer than 48 hours after the design storm and the drainage facilities shall remain completely dry between storms. 4 Federal Aviation Administration (FAA): The Owner shall submit notice to the FAA prior to obtaining building permits for each structure or tank or to the temporary location of potential aviation hazards such as construction cranes on site. 5. Airport Hazards: a. Height: The Maximum height of structures shall comply with the City's Airport Zoning Ordinance and the most current conical surfaces map of Corpus Christi International Airport. b. Lighting: All lighting shall be shielded toward the site and shall not conflict with airport flight operations per the Corpus Christi Airport Zoning Regulations. c. Other Airport Hazards: No use or activity shall create electrical interference with navigational signals or radio communication K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0816-03 Rangeland Products Terminal, LLC\Council Documents\8-25-16 Legistar Items\0816- 03 Report Rangeland Products Terminal, LLC 8-25-16 Revised.docx Zoning Report Case # 0816-03 Rangeland Products Terminal, LLC Page 6 between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. 6. Landscaping and Screening: The Owner shall install and maintain landscaping in the southeast corner of the Property at the corner of Agnes Street and Manning Road. A landscape street yard shall be delineated by a triangle formed by a line tangent to the proposed railroad tracks and the street right-of-way lines of Agnes Street and Manning Road. Within this landscape street yard, the minimum required landscaped area shall be 15% of the total street yard and the street yard shall be landscaped with plant material approved by Corpus Christi International Airport and listed in the UDC to achieve a minimum of 0.02 points per square foot of total street yard area. Landscaping shall not be required along Manning Road, Alpine Street or the unimproved Chickery Street right-of-way, however, landscape screening of parking lots and truck loading facilities within 100 feet of any street right-of-way shall be required in accordance with UDC Section 7.3.11. 7. Land Use Compatibility in Accident Potential Zones: The Owner shall not exceed a maximum Floor Area Ratio (FAR) of 0.28 in Accident Potential Zone (APZ) - 1 and 0.56 in APZ-2. 8. Time Limit: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted. In the case of a phased project, subsequent building permit applications shall be submitted within 18 months from the date of issuance of the Certificate of Occupancy or final approved inspections for the previous phase of the development. The Special Permit shall expire if the use is discontinued for more than six consecutive months. Notification Number of Notices Mailed — 26 within 200' notification area; 0 outside notification area As of August 17, 2016: In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0816-03 Rangeland Products Terminal, LLC\Council Documents\8-25-16 Legistar Items\0816- 03 Report Rangeland Products Terminal, LLC 8-25-16 Revised.docx Zoning Report Case # 0816-03 Rangeland Products Terminal, LLC Page 7 2. Site Plan 3. Future AICUZ Map 4. Airport Conical Surfaces Map excerpt 5. Application 6. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\0816-03 Rangeland Products Terminal, LLC\Council Documents\8-25-16 Legistar Items\0816- 03 Report Rangeland Products Terminal, LLC 8-25-16 Revised.docx j{W Y-AA.ACCESS W,1 4A "11 1 WiiicIAM/ n io Defaartme Servfce51— 27 25 11 !L SP/9 M1 M X1.4 17 5 4 N 111 24 10 21 26 13 23 ALPINE ST 15 20 RECYCLE DR 28 0 AGNES ST 'AGNWV1,22 CASE. 0816-03 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 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 Link Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 5 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 0 ❑wners with 200' buffer in favor ` Owners within 21,0' listed en x armors F attached ownership !safe/1 m opposition z o n X SOBJECT PRbPERTY LOCATION MAP d4— iL !4GNES CCM City --- Corpus Christi v CREW CHANGE - - _ U,_ LEGEND Existing Track - Optional Facility Access Corpus Christi Site I 120 Car Unit Train Length -—M Unit Length Clear _ice 0 q Type (ft) Length 4 Spot Propane 2 Locomotive 75 150 OMP 154.55', p efning 10 Spott Refined Product Unloading 1 Buffer Car 60 60 120 Rail Cars 62 7440 CREW, CHANGE Bad Order. Admin Bldg 1 Buffer Car 60 60 Tracks (3) 2 Locomotive 75 150 Train Length 7860 / Operational Buffer 200 200 TRUCK "---- Required Clear Track (ft) 8060 VDU_ ....RAIL sa>s' VDU T8-T13 co,p�.cn,nsre Lengths ,10010°.'--- ' v=ern lkll Tob -"-n I rder Bad Order"- Tracks Tracks (3) Pump, Meter, Elec Area 4 Spot Truck Load/Unload 000+� Facility as aa, 626 8352 nn_z - Inner Loop - Departure 10 Spot Refined Product Loading - Outer Loop - Departure 4 Spot Propane Loading 8 8 8080 6180 8397 8551 8 Outer Loop Bad Order Tracks 2312 Outer Loop - Receiving- 8,1 ,vas 1153 1286 N9.3 Crude Gathering Line Inner Loop - Receiving -2457 1152 1924 49 ( Tank Farm Pumps/Meters 8�8�• -Gas Gathering Line _ 3260 3727 411 - 3 A.\\ss Stub End Unit Train Bad Order TOTAL 2.0 3wa seize Bzasa z 111,9 ® ,.� Product Storage Tanks - Crude Transmission Tank Type DIA volume / Line TI Transmix 70' 27k BBL ® ® ® © T4 T6 / T2 High Grade Gasoline 70' 27k BBL T3 High Grade Gasoline 70' 27k BBL -- _ T4 Diesel 120' 80k BBL © T$ T7 15 Diesel 120' 80k BBL '�--_ T6 Gasoline 190' 806 BBL ` - T7 Gasoline 140' 80k BBL ---- T8 Propane 130" 90k Gal _ ---_Manifest Support Tracks Bad Orde T9 Propane 130" Sok Gal Manifest Transload Track Tracks - T10 Propane 130" 90k Gal (3) T31 Propane 9Dk Gal 112 Propane Sok Gal -Pipeline Mech/Elect Eq 113 Propane 133351:'.:r 90k GBI Ulpment T39 trade 120k BBL T1s [rude 150' Izok BBL - �� �,, T16 rude 150' 120k BBL Proposed Manifest Proposed Loop Receiving i Tank volumes are estimated working volumes Proposed Loop Departure ' r Existing Gas Transmission Line Stub Ended Unit Train Operation , 300 0 100 100 Proposed Unit Stub Ended Proposed Bad Order Property Line ------ 2 - Double Sided Racks 4 - Tracks 30 - 62' cars each "'- SCA L E IN FEET SEERS/NO �si�HaruaT-,arq eau✓>� SEE ax MEW�a�t EXHIBIT aE.m oarE er RANGELAND PRODUCTS TERMINAL, LLC CORPUS CHRISTI STEPS TERMINAL Rangeland Energy 111111601Viio &COMPANY Fes, �a,,.,.., .e ��LUaE.�r�.�oMosno DATE. OSSOS SHEETNO. .o" "wr," n E.„da ,. ”, a d,n. ,A , e 16-10000028 ®I. CITY OF COF.UUS 01-1R1517 DEVELOPMENT SERVICES P.D. Box 9277 Corpus Christi, Texas 78469-9277 (361)826-3240 Located at 2406 Leopard Street (Comer of Leopard Street and Fort Avenue) APPLICATION FOR. A CHANGE OF ZONING Office Use Only Case No.: 0816-03 Map No.: 057044 *Planning Commission Hearing Date: August 24, 2016 Location: City Hall Council Chambers, 1201 Leopard Street at 5:30 p.m. *4 maximum of five applications are scheduled per hearing. Applications received after the five maximum will be scheduled to the next available meeting. i. Applicant/Representative: RAMIRO MUNOZ III Telephone: ( 361 ) 944-1301 Address (City, State, Zip): 8631 OLD BROWNSVILLE ROAD E-mail Address: RAM@MUNOZENGRG.COM Cell Phone: ( 361 ) 944-1301 2. Property Owner(s): RAFAEL LEAL CAVAZOS Telephone: ( 281 ) 566.3000 Address (City, State, Zip): PO BOX 270815, CORPUS CHRISTI, TEXAS, 78427 E-mail Address: Cell Phone: ( 281 ) 566-3000 Ownership Type: M Sole ❑ Partnership 1 Corporation El Other: 3. Current Zoning and Use: IL Proposed Zoning and Use: IL' `-'P Project Address: 8110 ACNES STREET Area of Request (sq. ft.facres): 97.07 12 -Digit Nueces County Tax ID: _ 3715 -! °333 _ _ _ 0700 If platted, Subdivision Name: NOT PLATTED Block: Lot(s): Legal description: ISENSEE PARTITION 97.07 ACS OUT OF SHR 7 4. DOCUMENTS ATTACHED REQUIRED: ❑r/ Land Use Statement IF APPLICABLE: El Executed Appointment Q Metes an Q Disclosure of Interest ID Copy of Warranty of Agent sounds if request is for a portion of a platted lot or an Deed platted lot 1 certi t i l he in • ation provided is accurate, co. _ � - d si • 1' by all o ers. a er's Si atu • pp •. is Signature) (Owner's Printed Name) (Applicant's Printedame) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as ofNovember 1, 2011): 0.00 - 0.99 acre $ 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: 10,176.75 No. Signs Required 9 X $10 Sign Fee: 90.00 Total: 1(l,266 75 Sign Posting Date: ADP: PAV Form Revised 8/24/12 K:VDE.VELOPMENTSVCSLSHAREDILAND DEVFLOPMFNT.ORDNANCI' . ADMIN9STRATIO. PPLP ATiON FOR.MS?FORMS AS PER LEGAL120121ZON1NG APPLTCATTON 2012 DOC i• CiTv QF CORPUS C:1-1 DEVELOPMENT SERVICES PD. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street (Comer of Leopard Street and Port • - ISTI Avenue) APPLICATION FOR A CHANGE OF ZONING Office Use Only Case No.: Ma No.: - - p *Planning Commission Hearing Date: Location: City Hall Council Chambers, 1201 Leopard Street at 5:30 a.m. *A maximum of five applications are scheduled per hearing. Applications received after the five maximum will be scheduled to the next available meetin . i. Applicant/Representative: RAMIRO MUNOZ III Telephone: ( 361 ) 944-1301 Address (City, State, Zip): 8631 OLD BROWNSVILLE ROAD E-mail Address: RAM@MUNOZENGRG.COM Cell Phone: ( 361 ) 944-1301 2. Property Owner(s): NORMA LEE STOCKSETH Telephone: ( 361 ) 851-2018 Address (City, State, Zip): 4500 OCEAN DRIVE, APT 8A, CORPUS CHRISTI, TEXAS, 78412 E-mail Address: Cell Phone: ( 361- ) 851-2018 Ownership Type: IN Sole ❑ Partnership • Corporation ❑ Other: 3. Current Zoning and Use: IL Proposed Zoning and Use: IL - ' p Project Address: 8520 AGNES STREET Area of Request (sq. ft./acres): 91.36 12 -Digit Nueces County Tax ID: _ 3715 - 0000 — _ — 0600 — i — If platted, Subdivision Narne: NOT PLATTED Block: Lot(s): Legal description: ISENSEE PARTITION 91.35 ACS OUT OF SHR 6 AKA LOTS 1 & 12 SHEPPARD H B FARM LOTS 4, DOCUMENTS REQUIRED: IF APPLICABLE: 1 ATTACHED Land Use Statement © Executed 0 Metes an Appointment bounds 1 if Disclosure of Interest of Agent request is for a portion 1 of Copy of Warranty Deed a platted lot or an unplatted lot 1 ertify t ; iii 1 Pi IL.;e:PAIIIPP t th information provided is accurat- . r • Ai 4,a ct and i_l / - , sl all owners. 0 ' er's Signaturij. .4' , YYI-1 rb MU (Applicant's Signature) n er-i__ m c -t) 1,4 0 if-, (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 oUNovember 1, 2011): 0.00 - 0.99 acre $ 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 8124112 KVELOPMENrSVcS SHAREDILAND DFVELOPMF.N ,ORDINANCE ADMINTSTRATIONIAPPLICATION FORMSIFORMS AS PFR LFCAL12012AZONTN6 APPLSCATrON 7012 DOC 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: L 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. PURPOSE OF THE REQUEST IS TO ALLOW THE LAND USE TO BE "WHOLESALE STORAGE CONSISTING OF (16) ABOVE GROUND STORAGE TANKS RANGING FROM 70 -FOOT DIAMETER TO 150 -FOOT DIAMETER CONTAINING GASOLINE, DIESEL, PROPANE & CRUDE OIL WHICH IS PERMITTED IN LIGHT INDUSTRIAL ZONED AREAS WITH A SPECIAL PERMIT AS SUCH IS BEING APPLIED FOR. THE DEVELOPEMENT OF LAND WILL ALSO CONSIST OF A -3,300 SQUARE FOOT ADMIN BUILDING AT THE NORTHWEST CORNER WITH A TOTAL OF (40) PARKING SPACES, INCLUDING (2) ACCESSIBLE SPACES. THE OFFICE AND SITE WILL BE EQUIPPED WITH A TOTAL OF (40) EMPLOYEES AND WILL BE OPERATING FROM THE HOURS OF 6AM TO 5PM. THE SITE IS ZONED "IL" LIGHT INDUSTRIAL. 2. Identify the existing land uses adjoining the area of request: North - VACANT - LIGHT INDUSTRIAL South - AMERICAN EAGLE LOGISTICS - LIGHT INDUSTRIAL East - BAKER HUGHES, H&H OIL & BRRT - LIGHT INDUSTRIAL West - MOBLEY SAFWAY SOLUTION & DELTA GULF RENTAL TOOL - HEAVY INDUSTRIAL K:IDE.VELOPMENTSVCSlSHARFI71LAND DEVELOPMENTVORDMANCF. ADMFNISTRATIONIAPPLIEATION FORMSIFORMS AS PER LEGALL.A NO USE STATEMENT FOR ZONING DOC M:1SG R\16300-037-0022_Dlsci plines1Survey\Drawi ngs\1630003700_ALTA_Combl ned.dwg ';"2"2-,22=`8,-,- SLITMTVISION .-mss 00 2905.50' E 22-2 TH 22,2 2883 09 LOT 11 82 Ea') T �g (MANNING 2052162 0 .55., PD5 10 ROAD) GO 0 MARK DESCRIPTION DATE 'PROJECT �E9 NE , "SEAL , '-CONSULTANTS , , WILSON EAST AND WEST TRACT RANGELAND SITE :, &COMPANY 9922 Leopard sI. NUECES COUNTY, TEXAS CORPUS X 7 1 PHONE: 381-241-212000 L J L J L J L J City of 11P1 Corpus Christi .....il..110. DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of -Development Services P.D. Box 9277 Corpus Christi, Texas 78469-9277 (361)226-3240 Located at; 2406 Leopard Street (Corner of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: NORMA LEE STOCKSETH STREET: 4500 OCEAN DRIVE, APT 8A CITY: CORPUS CHRISTI Zip: 78412 FIRM is: ❑ Corporation ❑ Partnership ■❑ Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that l 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 oc ur. Certifying Person: NORMA LEE STOCK E H Title; OWNER (Print) Signature of Certifying Person: 1 Date: 06/21/16 K IDEVELOPMENTSVCSLSIIARFULAN D DEVELOPMENT1VRDINANCF. ADM RATI AT/ON FDR MSWQRMS AS PER LFCiAL121]12.DISCLOSURF.OF INTERESTS STATEMENT 1 .2 7.12.DOC laiumiolroxilottemuo City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Corner of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: RAFAEL LEAL CAVAZOS STREET: PO BOX 270815 CITY: CORPUS CHRISTI ZIP: 78427 FIRM is: ❑ Corporation ❑ Partnership Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title NIA N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person RAFAEL LEAL CAVAZOS Title: OWNER (Print) Signature of Certifying Person Li; '.....1) K:\DEVELOPMF:NTSVCSSHAREh1L.AN1) DEVELLWMF.NT.ORI) ANCF AD INIST STATEMENT1 .27.12.00C Date: 06/21/16 P 1CATION FURMS1FORMS AS KR LF.CAt.t2O1201SCLUSURFOF 1NTF.RF.STS AGENDA MEMORANDUM Public Hearing for the City Council Meeting of August 30, 2016 DATE: August 12, 2016 TO: Margie C. Rose, City Manager FROM: Christine Garza, M.B.A. Interim Assistant Director of Management & Budget ChristineG@cctexas.com (361) 826-3792 Public Hearing on Fiscal Year 2016-2017 Operating Budget CAPTION: Public hearing for the City of Corpus Christi Fiscal Year 2016-2017 Operating Budget for August 30, 2016 during the regular City Council meeting beginning at 11:30 am at City Hall, 1201 Leopard Street, Corpus Christi, Texas. This budget will raise more total property taxes than last year's budget by $5,119,202 (General Fund $3,138,202 Debt Service Fund $1,981,000), or 4.8%, and of that amount an estimated $2,436,281 is tax revenue to be raised from new property added to the tax roll this year. PURPOSE: Section 102.006 of the Texas Local Government Code requires the governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. ALTERNATIVES: None. This public hearing and approval of budget is required by City Charter. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This item conforms to City Policy. EMERGENCY / NON -EMERGENCY: This is a non -emergency item. DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: 0 Operating 0 Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: RECOMMENDATION: LIST OF SUPPORTING DOCUMENTS: FY 2016-2017 Operating Budget Presentation Schedule of Amendments PUBLIC HEARING August 30, 2016 PROPOSED OPERATING BUDGET FY 2016-2017 r GUIDING FISCAL PRINCIPALS 1. Persist in fiscal control by: a. Putting first things first b. Living within our means 2. Execute on core mission 3. Treat all employees fairly 4. Maintain long term sustainability 5. Achieve continuous improvement MISSION & MISSION ELEMENTS Mission The mission of the City of Corpus Christi, is to deliver municipal services which meet the vital health, safety and general welfare needs of its residents and which sustain and improve their quality of life. As we work to achieve this mission, we will employ fiscal discipline, continuous improvement, first rate customer service and straight forward communication. In this work, we will tolerate no mediocrity. EMPLOYEES EMPLOYEES (in FTEs) FY 2014-2015 FY 2015-2016 General Internal Service Enterprise Special Revenue Subtotal Grants Total 1,774.08 292 721.4 292.6 3,080.08 111.23 3,191.31 1,775.09 299 738.4 297.6 3,110.09 111.23 3,221.32 1,777.09 298 737.4 295.6 3,108.09 111.23 3,219.32 FY 2016-2017 PROPOSED REVENUE REVENUE FY 2014-2015 ACTUALS FY 2015-2016 ESTIMATED General Fund Internal Service Enterprise Special Revenue Debt Service TOTAL 227,852,760 90,305,725 272,630,484 100,952,342 119, 265, 840 $811,007,150 226,068,048 87,875,714 277,553,513 103,340,764 118,932,378 $813,770,417 230,749,915 94,347,960 295,684,367 120,197,876 123,637,254 $864,617,3721 TOTAL EXPENDITURES DEPARTMENT FY 2014-2015 ACTUALS FY 2015-2016 BUDGET FY 2015-2016 ESTIMATED FY 2016-2017 PROPOSED General Fund Internal Service L Special Revenue Debt Service la Enterprise TOTAL $ 1 229,211,479 94,195,938 272,163,263 93,959,146 114,544,102 $804,073,927 % 28% 12% 34% 12% 14% l00% % 11 237,247,731 1 26% 106,655,303 12% 3o6,928,934 34% 131,448,896 122,888,488 $905,169,352 1 l00% 14% 14% $ 223,701,969 101,321,257 290,568,555 115,174,565 128,779,951 $859,546,296 %1 26% 12% 34% 13% 15% l00% $ 230,749,915 103,745,703 317,908,777 103,165,31511 123,964,987 I 14% I $879,534,697 % 26% 12% 36% 12% l00% GENERAL FUND DECISION PACKAGES Recommended Decision Packages FY 2016-2017: • Employee step increase • Fire Academy #39 • Building Security for Health Department & Municipal Court Administration • Health Department Grant Employees step increase • South Texas Military Task Force • Interlocal Agreement for Natatorium Maintenance 5 -Year Property Tax Rates (M&O/I&S) 0.61 0.6 0.59 0.58 0.57 0.56 0.55 Adopted Tax Rate per $loo Valuation z 0.606264 0.606264 0.585264 0.585264 0.570557 fl FY2oi3 FY2014 FY2015 FY2016 Proposed FY2017 1 $ 48,839,2 .14 GENERAL FUND PROJECTED CHANGE IN FUND BALANCE Estimated Beginning Balance 10/1/16 Projected Changes Projected Ending Balance 09/30/17 Restricted Unrestricted $ (1,000,000_ $ 47,839,26 $ 39,227,481 $ 8,611,774 I Target $ 57,687,479 $ 48,146,919 1 INTERNAL SERVICE FUNDS PROJECTED CHANGE IN FUND BALANCE 10 Estimated Beginning Balance 10/1/16 Projected Changes Projected Ending Balance 09/30/17 Restricted Unrestricted $ (9,397,742) $ 38,749,177 $ 26,707,36 $ 12,041,808' Target 16,787,969 SPECIAL REVENUE FUNDS PROJECTED CHANGE IN FUND BALANCE 11 Estimated Beginning Balance 10/1/16 $ 77,320,434 di Projected Changes $ 17,032,561 4.1 Projected Ending Balance 09/30/17 $ 94,352,995 Restricted $ 94,352,995 Unrestricted $ - $ 116,865,0541 $ 22,224,410 ENTERPRISE FUNDS PROJECTED CHANGE IN FUND BALANCE 12 Estimated Beginning Balance 10/1/16 Projected Changes Projected Ending Balance 09/30/17 $ 94,640,64 Restricted $ 88,383,7 Unrestricted $ 6,256, Target $ 36,560,1 1 SUMMARY OF AMENDMENTS General Fund Expenditures Election Costs Internal Service Funds Revenue Fleet -Part Sales/Repairs & Interest Income Expenditures Police Health Fund — Plan Redesign Group Health Fund — Plan Redesign $350,000 $ 144,200 $ <1,174,631> <2,700,686> $ <3,875,317> SUMMARY OF AMENDMENTS Special Revenue Funds Revenue Red-light Photo Debt Service Funds Expenditures Gas System Debt Payment $250,000 $136,979 KEY DATES September 13, 2016 1st Reading Proposed Operating Budget September 20, 2016 2nd Reading & Final Adoption of Operating Budget Attachment A - Schedule of Adjustments City of Corpus Christi Amendments to the FY 2016-2017 Proposed Budget TOTAL PROPOSED REVENUES $ 864,617,372 TOTAL PROPOSED EXPENDITURES $ 879,534,697 General Fund - 1020 Proposed Expenditures $ 231,749,915 Adjustments: Increase City Secretary Expenditures to Account for Election Costs 350,000 Reduce General Fund Reserve for Appropriations Due to City Secretary Election Costs (350,000) Total Adjusted Expenditures $ 231,749,915 INTERNAL SERVICES FUNDS Fleet - 5110 Proposed Revenues Adjustments: Repair fees - non fleet Direct part sales Sale of scrap/city property Interest on investments Net gain on sale of assets Recovery on damage claims 18,732,134 15,000 10,000 10,000 19,200 60,000 30,000 Total Adjusted Revenues $ 18,876,334 Police Health - 5609 Proposed Expenditures $ 9,552,808 Adjustments: Health Plan Redesign (1,174,631) Total Adjusted Expenditures $ 8,378,177 Group Health - 5610 Proposed Expenditures $ 20,850,944 Adjustments: Health Plan Redesign (2,700,686) Total Adjusted Expenditures $ 18,150,258 SPECIAL REVENUE FUNDS Redlight Photo Enforcement - 1045 Proposed Revenues Adjustments: Redlight Photo Enforcement Revenue Total Adjusted Expenditures 1,750,000 250,000 2,000,000 Gas System Debt Fund - 4420 Proposed Expenditures Adjustments: Gas System Debt Payment Total Adjusted Expenditures 1,252,990 136,979 1,389,969 TOTAL PROPOSED AMENDED REVENUES TOTAL PROPOSED AMENDED EXPENDITURES 865,011,572 $ 875,796,359 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 23, 2016 Action Item for City Council Meeting August 30, 2016 DATE: 8/10/2016 TO: Margie C. Rose, City Manager THRU: E. Jay Ellington, Interim Assistant City Manger JayEll@cctexas.com 361-826-3042 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 Approve the FY2016-2017 HOME Program set-aside funds. CAPTION: Motion to approve the FY2016-2017 HOME Program set-aside funds in the amount of $231,634 and award the funding to Calallen Apartments. PURPOSE: Purpose of the motion is for City Council to approve the FY2016-2017 HOME Program set-aside funds for one project which has received Texas Department of Housing and Community Affairs (TDHCA) Housing Tax Credits. BACKGROUND AND FINDINGS: On February 23, 2016, the City Council passed a Resolution in support of the proposed affordable housing projects known as Calallen Apartments who was requesting local support from the U.S. Department of Housing and Urban Developments (HUD) HOME Program funds. On July 12, 2016, City Council approved to set-aside HOME FY2016-2017 funds in the amount of $231,634 for an affordable housing project which was also applying for Texas Department of Housing and Community Affairs (TDHCA) Housing Tax Credits. The TDHCA Board of Directors met in July 28, 2016 and TDHCA awarded Housing Tax Credits to the Calallen Apartments Project. The Calallen Apartments, once constructed, will be an affordable housing development located at 14800 Northwest Blvd., Corpus Christi, TX 78410. ProsperaHCS Calallen, LP., proposes the construction of 96 new apartments serving families at or below 60% of the Area Median Income. Calallen Apartments is requesting the HOME FY2016-2017 set-aside funds of $231,634 for to be used along with the Housing Tax Credits received and private debt for the commencement and completion of this project. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council approval is required. EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $231,634 $231,634 BALANCE $231,634 $231,634 Fund(s): Comments: None RECOMMENDATION: HCD requests the passing of the motion. LIST OF SUPPORTING DOCUMENTS: Presentation with Maps Calallen Apartments Council Presentation August 23, 2016 Calallen Apartments Developer — ProsperaHCS Calallen, LP. Units — 96 (new construction) Address —14800 Northwest Blvd., Corpus Christi, TX 78410 Population served — Multifamily Calallen Apartments Location Cafallen Apartments 16800 Northwest... 1 in 200100 0 Calallen Apartments Location 4 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 30, 2016 Second Reading Ordinance for the City Council Meeting of September 13, 2016 DATE: August 17, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police Mikema@cctexas.com 886-2605 Accepting and appropriating the FY 2015 Operation Stonegarden Grant Program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $280,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2015 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's enforcement efforts to reduce border -security risk; and appropriating the $280,000 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The purpose is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The Police Department agrees to conduct operations designed to reduce border -security risk. Tactical operations will be conducted on a periodic basis on overtime. The grant will pay for overtime, vehicle maintenance, and fuel. The grant period is from April 01,2016 — August 31, 2017 ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $280,000 $280,000 BALANCE $280,000 $280,000 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award documents Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $280,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2015 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's enforcement efforts to reduce border -security risk; and appropriating the $280,000 in the No. 1061 Police 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 grant in the amount of $280,000 from the State of Texas Governor's Homeland Security Grants Division for funding eligible under the FY2015 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's enforcement efforts to reduce border -security risk. SECTION 2. That $280,000 is appropriated in the No. 1061 Police Grants 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 Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Office of the Governor Page 1 of 2 Statement of Grant Award (SOCA) The Statement of Grant Award is your official notice of award from the Governor's Homeland Security Grants Division (HSGD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with any and all applicable federal and state statutes, regulations, policies, guidelines and requirements, including, but not limited to, 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Texas Government Code, Chapter 783, Uniform Grant and Contract Management; and the Texas Uniform Grant Management Standards (UGMS) that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a subrecipient, the more restrictive requirement applies. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grantee Responsibilities Memo, the Comprehensive Certifications and Assurance Form, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: 3173701 8.12/2016 040I/2016-08.31 '2017 11/2912017 HS -Homeland Security Grant Program (HSGP) Corpus Christi, City of Nueces-2015 OPSG Jerry Ding 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: 97.067 - Homeland Security Grant Program (HSGP) U.S. Department of Homeland Security, Federal Emergency Management Agency 819.2015 EM W -2015 -SS -00080 $80,998,000.00 Texas Office of the Governor Homeland Security Grants Division (HSGD) No $280,000.00 $0.00 $0.00 $280,000.00 The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. List of Post -Award Conditions of Funding and Other Fund -Specific Requirements Condition of Funding / Project Requirement Date Date Met Created Hold Line https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=9&gh=21-E6-6D-2E-... 8/18/2016 Office of the Governor Page 2 of 2 https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=9&gh=21-E6-6D-2E-... 8/18/2016 Hold Project Funds Item Funds Costs for vehicle fuel are allowable only for the hours officers are working on grant -paid overtime. Vehicle maintenance costs must be prorated to show the use of vehicles for regular law enforcement duties and the use of vehicles while officers are working grant -paid overtime patrols. Only actual vehicle expenses supported by invoiced gas, oil, and maintenance expenses may be reimbursed under this grant. Please retain all receipts and be prepared to make available upon request. 5 13.2016 Operations Order Required: 13y participating in the OPSG, the state, local, and Tribal agencies agree to conduct operations designed to reduce border - security risk. Tactical operations will be conducted on a periodic basis meeting the criteria outlined below. Tactical operational periods are composed of six critical elements: 1) a pre -planning meeting with the IPT; 2) specified beginning and ending dates; 3) intelligence driven, with a nexus to border security; 4) use of targeted enforcement techniques; 5) clearly stated objectives; and 6) an after -action meeting. A campaign should involve several tactical operational periods. These periods require deliberate on-going planning to ensure command, staff, and unit activities synchronize to current and future operations. Please prepare and submit the next Operations Order. Fund holds on specific budget line items will be released as Operations Orders are approved. 5 13 2016 https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=9&gh=21-E6-6D-2E-... 8/18/2016 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 30, 2016 Second Reading Ordinance for the City Council Meeting of September 13, 2016 DATE: August 9, 2016 TO: Margie C. Rose, City Manager FROM: Anthony Sanders, Captain - Neighborhood Services/K9, Police Department (AnthonyS@cctexas.com) (361.826.2691) Tracey K. Cantu, Administrator — Code Enforcement Division, Police Department (TraceyC@cctexas.com) (361.826.3170) Adoption of the 2015 International Property Maintenance Code (IPMC) CAPTION: Ordinance amending the Corpus Christi Code of Ordinances Chapter 13, Article II to repeal the Corpus Christi Property Maintenance Code, and to adopt the International Property Maintenance Code, 2015 Edition; providing for severance; providing for penalties; providing for publication; and providing for effective date. PURPOSE: The provisions of the International Property Maintenance Code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. BACKGROUND AND FINDINGS: The code is intended to provide requirements addressing the public health, safety and welfare as they relate to the use and maintenance of existing structures and premises. The code requirements are intended to represent the minimum acceptable level of public health and safety. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, and International Plumbing Code. The adoption of the 2015 IMPC is part of the commitment to stay current and consistent with all the 2015 International Codes in addition to the forthcoming adoption of the 2015 edition of the Unified Development Code. This code provides short, concise statements outlining its requirements in language that is understandable and easy to apply. Since the city currently uses various modern adopted codes it would be suffice to implement a user friendly property maintenance ordinance that will have an accessible format that will be incorporated with other City codes. Adoption of the International Property Maintenance Code will strengthen and clarify existing minimum property maintenance requirements intended to continually ensure the public health, safety and welfare of our community. ALTERNATIVES: Denial or alteration of the proposed property maintenance code. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed property maintenance code conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -Emergency; Ordinance requires two readings; 14 -day delay between 1st and 2nd readings. DEPARTMENTAL CLEARANCES: Police Department Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Code Enforcement Staff recommends approval of the proposed property maintenance code. LIST OF SUPPORTING DOCUMENTS: Ordinance adopting the International Property Maintenance Code, 2015 Edition with amendments. Please access the link below to view the proposed International Property Maintenance Code: http://archive.cctexas.com/forms/20151PMC.cfm Ordinance amending the Corpus Christi Code of Ordinances Chapter 13, Article II to repeal the Corpus Christi Property Maintenance Code, and to adopt the International Property Maintenance Code, 2015 Edition; providing for severance; providing for penalties; providing for publication; and providing for effective date. WHEREAS, the City Council desires to provide a uniform and updated minimum property standards code for the City of Corpus Christi by incorporating the International Property Maintenance Code, 2015 Edition into the Corpus Christi Code of Ordinances; WHEREAS, in order to properly incorporate the International Property Maintenance Code, it is desired that amendments be made to §13-20 et seq of Chapter 13 of the Corpus Christi Code at Article II Corpus Christi Property Maintenance Code, Division I, which in pertinent part repeals the adoption of the Corpus Christi Property Maintenance Code as the minimum property maintenance code for the City and adopts the International Property Maintenance Code, 2015 Edition, as the minimum property maintenance code for the City; WHEREAS, the City published notice of the proposed action conspicuously on the City's Internet website from August 2, 2016 to August 30, 2016, in compliance with Local Government Code §214.217. WHEREAS, the City has made reasonable effort to encourage public comment from persons affected by the proposed adoption of the International Property Maintenance Code, 2015 Edition, with local amendments in compliance with Local Government Code §214.217. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS that: SECTION 1: The Corpus Christi Code, §13-20 et seq of Chapter 13, Article II Corpus Christi Property Maintenance Code, Division 1, entitled "Generally", is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below, therein in pertinent part, repealing the adoption of the Corpus Christi Property Maintenance Code as the minimum property maintenance code for the City and adopting the International Property Maintenance Code, 2015 edition, as the minimum property maintenance code for the City: CHAPTER 13 CODE ENFORCEMENT, HOUSING AND HOUSING PREMISES STANDARDS, AND NEIGHBORHOOD IMPROVEMENT ARTICLE I. - IN GENERAL Secs. 13-1-13-19. - Reserved. ARTICLE II. PROPERTY MAINTENANCE CODE DIVISION 1. GENERALLY Sec. 13-20. Adoption of the International -Gor- .. Christi Property Maintenance Code. (The Corpus Christi International Property Maintenance Code, 2015 Edition, a copy of which, authenticated by the signatures of the mayor and the city secretary, made public record by this section, and on file in the city secretary's office, is hereby adopted verbatim by reference, as if fully copied at length in this article as the Property mraintenance csode in chapter 13, article II, section 13-20 of the City of Corpus Christi Code of Ordinances.ie hereby dopt the mi the City. A copy o (b) Additions, deletions, and changes are made to the International Property Maintenance Code, 2015 Edition, and correlated to the appropriate paragraph numbers in the International Property Maintenance Code as follows; (1) Section 101.1 of the International Property Maintenance Code is revised to read as follows: 101.1 Title. These regulations shall be known as the International Property Maintenance Code of the City of Corpus Christi, hereinafter referred to as "this code." (2) Section 101.5 is added to this code to read as follows: 101.5 Non-discrimination. A Code Enforcement initiated action shall not be based on an owner's or occupant's race, color, sex, religion, age, disability, national origin, sexual orientation or gender identity. (3) Section 102.3 of the International Property Maintenance Code is revised to read as follows: 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of all codes adopted by the City, including but not limited to the City of Corpus Christi Technical Construction Codes. Nothing in this code shall be construed to cancel, modify or set aside any provisions of the Code of Ordinances of the City of Corpus Christi or the City of Corpus Christi Unified Development Code. (4) The title of Section 103 of the International Property Maintenance Code is revised to read as follows: SECTION 103. CODE ENFORCEMENT DIVISION (5) Section 103.1 of the International Property Maintenance Code is revised to read as follows: 103.1 Enforcement. The City organization established for the enforcement of this code and the codes and standards referenced, which are considered part of the requirements of this code, consists of a Building Standards Board and the office of the Code Enforcement Division. For Building Standards Board information refer to City Code §13-21 et seq. (6) Section 103.2 of the International Property Maintenance Code is revised to read as follows: 103.2 Appointment. The Director of the Code Enforcement Division, or such other city officer or employee as the City Manager may designate in writing, shall be known as the code enforcement official, hereinafter the "code official." (7) Section 103.3 of the International Property Maintenance Code is revised to read as follows: 103.3 Designees. The code official shall have the authority to delegate powers under this Property Maintenance Code. Such designees shall have powers as delegated by the code official. (8) Section 103.5 of the International Property Maintenance Code is revised to read as follows: 103.5 Fees. The fees for activities and services performed by the division in carrying out its responsibilities under this code shall be as indicated in the following schedule. Administrative Fee for Abatements $73 (9) Section 103.6 is added to this code to read as follows: 103.6 Conflict of Interest. No employee connected with the City shall be financially interested in the furnishing of labor, material or appliances for the construction, alteration or maintenance of a building of which he is not the sole or part owner or in the making of plans or of specifications therefore. No such officer or employee shall engage in any work which is inconsistent with his duties or with the interests of the City. (10) Section 104.2 of the International Property Maintenance Code is revised to read as follows: 104.2 Inspections. (a) The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official shall make a record of every such inspection and of all violations of this code. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. (b) It shall be the duty of the code official to inspect all buildings, structures and premises or other equipment or facilities covered by this code thought to be substandard. The inspections made or caused to be made by the code official shall determine the condition of the buildings, dwellings, dwelling units, rooming units and premises in the interest of safeguarding the health and safety of the occupants of dwellings, the neighborhood and of the general public. (11) Section 104.3 of the International Property Maintenance Code is revised to read as follows: 104.3 Right of entry. (a) Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, subject to legal restrictions. If such structure or premises is occupied the code official shall present credentials to the owner, agent, occupant or person in charge of the property and request entry. (b) In cases of emergency where extreme hazards are known to exist which may involve the potential loss of life or severe property damage, no request is necessary. (c) If a building, premises or property is unoccupied, vacant or otherwise uninhabited by humans, but which is otherwise open and may be entered by derelicts, vagrants or children, the code official shall have the same power of inspection as aforementioned, including the right of inspections without requesting permission of the owner or other person in charge, and if found to be in violation of this code, may placard it so as to prevent any occupancy of the building, premises or property for human use or habitation, or any other use. (d) If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. (12) Section 104.3.1 is added to this code to read as follows: 104.3.1 Authority. A code official has the authority enforce the provisions of this code, all codes adopted by the City and all city ordinances in accordance with the provisions established in City Code §1-13. (13) Section 104.7 is added to this code to read as follows: 104.7 Coordination of inspections. (a) Whenever in the enforcement of this code or another code or ordinance, the responsibility of more than one City Department is involved, it is the duty of the initiating Department Director or designee involved to coordinate their inspection and administrative orders as fully as practicable so that the owners and occupants of the structure are not subjected to visits by numerous inspectors or multiple or conflicting orders. (b) Whenever an inspector from any department observes an apparent or actual violation of some provision of some law, ordinance, or code not within the inspector's authority to enforce, the inspector shall report the findings to the appropriate City department Director or designee. (14) Section 106.3 of the International Property Maintenance Code is revised to read as follows: 106.3 Prosecution of violation. (a) Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor and the violation shall be deemed a strict liability offense. (b)If the provisions of this code are violated or there is failure to comply therewith, or if the notice of violation is not complied with, the code official may institute the appropriate proceeding at law or in equity to restrain, correct or abate the violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made under this code. (15) Section 106.3.1 is added to this code to read as follows: 106.3.1 Lien upon real estate. Any action taken by the City on such premises is charged against the real estate upon which the structure is located and is a lien upon such real estate. A statement of expense for the City action shall be filed with the Nueces County Clerk by the code officer, or other city officer or employee as the City Manager may designate. The City shall have a lien against the real estate to secure the expenditure made and ten (10) percent interest on that amount from the date of the payment. For the expenditures and interest, suit may be instituted in the name of the City, and the statement of expense made as herein noted, or a certified copy the statement of expense shall be prima facie proof of the amount expended in such work. (16) Section 106.4 of the International Property Maintenance Code is revised to read as follows: 106.4 Violation penalties. (a)Violation of provision of this Property Maintenance Code or failure to comply therewith, or with any requirements thereof including failure to comply with the terms a Notice of Violation in accordance with Section 106.2 within the time specified or any extensions of time granted by the code official shall be fined upon conviction not more than $500.00. (b) After due notice has been served, each day a violation is permitted to exist shall constitute a separate offense. Nothing in this section shall limit the remedies to the City in seeking to enforce the provisions of this Property Maintenance Code. (17) Section 107.1 of the International Property Maintenance Code is revised to read as follows: 107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person(s) responsible for the violation as specified in this Code or of any rule or regulation concerning the health, safety, or general welfare adopted by the City as it relates to structures or premises. When a notice is provided under this section, the code official may inform the owner that if the owner commits another violation of the same subsection of this Code on or before the first anniversary of the date of the notice, the City, without further notice, may proceed with the prosecution and/or abatement of said violation. (18) Section 107.2 of the International Property Maintenance Code is revised to read as follows: 107.2 Form. Whenever any violation of this Code, generally or specifically defined in this Code, shall exist within the city, the code officer shall notify, in writing, the owner or occupant of the premises whereon such violation exists, and order such owner or occupant to abate or remedy the violation described in such notice, within such time as may be specified within the order. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real property sufficient for identification. This does not require a legal description. 3. Include a statement of the violation or violations and why notice is being issued. 4. Include a correction order allowing a reasonable amount of time to make the repairs and improvements required to bring the premises into compliance with provisions of this code. 5. Inform property owner of the name and phone number of the code official or designee. 6. Inform the property owner or owner's authorized agent of the right to appeal. 7. Include a statement of the right to file a lien in accordance with Section 106.3.1. (19) Section 107.3 of the International Property Maintenance Code is revised to read as follows: 107.3 Method of service. Such notice shall be deemed to be properly delivered if a copy thereof is: 1. Delivered Personally; 2. Sent by certified or first class mail, to the owner of record at the address as it appears on the Nueces County Appraisal District records; or 3. If the notice is retuned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. When a notice is mailed in accordance with this section to a property owner, lienholder, mortgagee, or registered agent and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered. (20) Section 108.1 of the International Property Maintenance Code is revised to read as follows: 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found to be an unlawful structure, the structure or equipment shall be deemed a threat to the public health, safety or welfare. (21) Section 108.1.5 of the International Property Maintenance Code is revised to read as follows: 108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below, but which is not limited to those described below, shall be considered dangerous and may be deemed substandard: 1. Any door, aisle, passageway, stairway, exit or other means of eqress that does not conform to the approved building or fire code of this City as related to the requirements for existing buildings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged, or which cannot be expected to withstand winds of hurricane force. 4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the iurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, electrical, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease, including all conditions conducive to the harboring of rats or mice or other disease -carrying animals or insects reasonably calculated to spread disease. 10. Any building or structure, because of a lack of sufficient or proper fire - resistance -rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. All buildings or structures which have pit privies where the same are not permitted by law or which are not connected to the city sewer when required by law or where inadequate and unsanitary pit privies or septic tanks exist. 12. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. (22) Section 108.2 of the International Property Maintenance Code is revised to read as follows: 108.1.5 Dangerous structure or premises. For closing of vacant structures refer to City Code $13-3002 et seq. (23) Section 108.3 of the International Property Maintenance Code is revised to read as follows: 108.3 Notice. Whenever the code official has determined a structure or equipment to be a threat to the public health, safety or welfare under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner's authorized agent or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the equipment. The notice shall be in the form prescribed in Section 107.2. (24) Section 108.4 of the International Property Maintenance Code is revised to read as follows: 108.4 Placarding. Upon failure of the owner, owner's authorized agent or person responsible to comply with the notice provisions within the time given, the code official may post on the premises or on defective equipment a placard bearing the words "This Structure or Equipment is a threat to public health, safety or welfare and occupancy and/or use is prohibited" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. (25) Section 108.4.1 of the International Property Maintenance Code is revised to read as follows: 108.4.1 Placard removal. The code official shall remove the unfit for human occupancy placard whenever the defect or defects upon which the placardinq actions were based have been eliminated. Any person who defaces or removes a placard without the approval of the code official shall be subject to the penalties provided by this code. (26) Section 108.5 of the International Property Maintenance Code is revised to read as follows: 108.5 Prohibited occupancy. Any occupied structure determined to be a threat to the public health, safety and welfare shall be placarded by the code official and shall be vacated as ordered by the code official. Any person who shall occupy a placarded premise or shall operate placarded equipment, and any owner, owner's authorized agent or any person responsible for the premises who shall let anyone occupy a placarded premise or operate placarded equipment shall be liable for the penalties provided by this code. Failure to vacate as ordered by the code official is a violation of this code. (27) Section 108.6 of the International Property Maintenance Code is revised to read as follows: 108.6 Abatement methods. The owner, owner's authorized agent, operator or occupant of a building, premises or equipment deemed to be a threat to the public health, safety or welfare by the code official shall abate or cause to be abated or corrected such conditions either by repair, rehabilitation, demolition or other approved corrective action. (28) Section 109.1 of the International Property Maintenance Code is revised to read as follows: 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life or health, or when any structure or part of a structure has fallen and life or health is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, or when the structure is found unfit for human occupancy, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith and may vacate adjacent structures and protect the public by appropriate fencing or other means as may be necessary. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. (29) Section 109.2 of the International Property Maintenance Code is revised to read as follows: 109.2 Emergency safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition or when the structure may be entered by derelicts, vagrants or children, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described in this code or any other rule or regulation in the City Code concerning health, safety or general welfare has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. For this purpose he may at once enter such structure or premises, or abutting land or structures, with such assistance and at such cost as he may deem necessary in, the circumstances. (30) Section 109.5 of the International Property Maintenance Code is revised to read as follows: 109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the City. The legal counsel of the City shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs by assessing a lien in accordance with Section 106.3.1. (31) Section 109.6 of the International Property Maintenance Code is revised to read as follows: 109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. If any affected person shall thereafter desire a hearing upon the matter, a petition directed to the Code Enforcement Division must be filed with the City Secretary and the affected person will be afforded a hearing before the Building Standards Board as described in the City Code at §13-22 et seq. (32) Section 110 of the International Property Maintenance Code is revised to read as follows: SECTION 110. DEMOLITION Demolitions will be ordered in accordance with the provisions established in City Code §13-22 et seq. (33) Section 111 of the International Property Maintenance Code is revised to read as follows: SECTION 111. MEANS OF APPEAL The provisions for appeals are established in City Code §13-24 et seq. (34) Section 112.4 of the International Property Maintenance Code is revised to read as follows: 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $500.00 dollars. (35) Section 201.3 of the International Property Maintenance Code is revised to read as follows: 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the City of Corpus Christi Technical Construction Codes, Unified Development Code, Texas Local Government Code, Texas Health & Safety Code, or Texas Administrative Code, such terms shall have the meanings ascribed to them as stated in those codes. (36) Section 202 of the International Property Maintenance Code is revised by deleting definitions for the terms "Condemn," and "Inoperable Motor Vehicle;;"; adding definitions for the terms "Building Standards Board," "City," "City Code," "City of Corpus Christi Technical Construction Codes," "Code Enforcement Official, a.k.a. Code Official," "Designee," "Fire Prevention Code of the City of Corpus Christi," "Fence," "Hazardous Vegetation," "Lavatory," "Lawfully," "Outside Placement," "Published," "Report,' "Sidewalk," "Surface Hazard," and "Unfit for Human Occupancy;" and amending definitions to the terms "Cost of Such Demolition or Emergency Repairs," and "Imminent Danger" to read as follows: Building Standards Board. Composed of members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. This board shall be appointed by the city council. City. The City of Corpus Christi. City Code. The Code of Ordinances of the City of Corpus Christi, Texas. City of Corpus Christi Technical Construction Codes. The City of Corpus Christi adopted with local amendments, the International Code Council (ICC), 2015 editions of the International Building Code, Existing Building Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for One and Two Family Dwellings, and the National Electrical Code, 2014 edition. Collectively these codes, as adopted and amended, are known as the City of Corpus Christi Technical Construction Codes, and are known individually as the City of Corpus Christi Building Code, Existing Building Code, Electrical Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for One- and Two - Family Dwellings. Code Enforcement Official, a.k.a. Code Official. Director of the Code Enforcement Division, or such other city officer or employee as the City Manager may designate in writing who may make application for administrative and criminal search warrants under authority of the Texas Code of Criminal Procedure, Article 18.05, as such warrants may be necessary to enforce any provision of Code of Ordinances of the City of Corpus Christi, this code or other municipal ordinance duly promulgated. Cost of such Demolition or Emergency Repairs. The costs shall include the actual costs of the demolition or repair of the structure. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by the Building Standards Board. Designee. The code official shall have the authority to delegate powers under this Code to a designee. Such designees shall have powers as delegated by the code official. Fire Prevention Code of the City of Corpus Christi. The City of Corpus Christi adopted with local amendments, the International Code Council (ICC), 2015 edition of International Fire Code, as the Fire Prevention Code of the City of Corpus Christi. Fence. Any enclosing barrier, constructed of wood, metal or any other material, regardless of its use or purpose. Hazardous Vegetation. Dead and dying trees, tree limbs or other natural growth which, by reason of rotting, deterioration, physical damage or storm damage constitutes a hazard to persons or structures within the vicinity thereof. Imminent Danger. A condition which could cause serious or life-threatening injury or death at any time and may constitute emergency measures. Lavatory. A fixed washbowl with running water and drainpipe customarily used to wash hands. Lawfully. In accordance with the City code requirements at the time of construction or installation. Outside Placement. Any item which is not customarily used or stored outside or not made of a material that is resistant to damage or deterioration from exposure to the outside environment. Said items include, but are not limited to, auto parts, appliances not in service, metal or wood products or parts not converted to a final use, beverage, food or other containers not stored within a closed household recycling bin or refuse container, plumbing fixtures that are commonly used indoors or that have been converted to another use. This includes placement in a structure that is open or not completely enclosed, including any porch cover or carport or upon any open porch or under any tarp. This does not include lawn care tools or recreational equipment incidental to the use of the property. Building materials stored outdoors on any site for construction or demolition of a structure on the premises shall be used or incorporated into the proposed structure or removed from the premises within 90 days from the date of arrival on the premises or upon the expiration of any associated building permit, whichever comes later. Published. Posted on the code enforcement department website or various media outlets and kept in City files for a period of time. Report. Written or electronic documentation of an unsafe condition. Sidewalk. That portion of the roadway primarily constructed for the use of pedestrians and constructed of concrete or other durable materials. Surface Hazard. Holes, excavations, breaks, projections, obstructions and other hazardous conditions, on paths, walkways, driveways, parking lots, parking areas, and other parts of the premises which are accessible to any person entering thereon. Unfit For Human Occupancy. Any structure that is an unsafe structure, unlawful or otherwise is in such a degree of disrepair, lack of maintenance, is unsanitary, vermin or rat infested, contains filth and contamination or lacks ventilation, illumination, sanitary or heating facilities, lacks operating utility connections or other essential equipment required by this code or any other adopted code or standard or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. (37) Section 301.2 of the International Property Maintenance Code is revised to read as follows: 301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this Code or in State or Federal Law. A person shall not occupy as owner -occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. (38) Section 302.1 of the International Property Maintenance Code is revised to read as follows: 302.1 Exterior maintenance. All exterior property and premises shall be maintained in a clean, safe and sanitary condition and free of outside placement, hazardous vegetation, or surface hazards. (39) Section 302.2 of the International Property Maintenance Code is revised to include an Exception as follows: Exception. Approved detention areas, retention areas, filtration areas and reservoirs. (40) Section 302.4 of the International Property Maintenance Code is revised to read as follows: 302.4 Weeds. All improved premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches or higher. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. (41) Section 302.6 of the International Property Maintenance Code is revised to include an Exception as follows: Exception. Pipes, ducts, conductors, fans or blowers installed lawfully. (42) Section 302.7 of the International Property Maintenance Code is revised to read as follows: 302.7 Accessory structures. All accessory structures, including detached garages, shall be maintained structurally sound and in good repair. (43) Section 302.7.1 is added to read as follows: 302.7.1 Fences. All fences, facing the street frontage of the premises or adjacent to a public way, and/or adjacent to an improved premises shall be maintained structurally sound and in good repair. All fences on properties where applicable shall adhere to the "visibility triangle" rules referenced in the Unified Development Code Section 4.2.9 Visibility Triangle. Any of the following conditions shall be corrected: 1. Rotted, fire damaged, broken wood, support posts or cross members shall be repaired or replaced. 2. Broken or fire damaged wooden slats shall also be repaired or replaced. 3. Broken or severely bent metal posts or torn, cut ripped metal fencing materials shall be repaired or replaced. 4. Any fence, or any portion thereof, having loose bricks, stones, rocks, mortar, masonry, or similar materials shall be repaired or replaced. (44) Section 302.8 of the International Property Maintenance Code is revised to read as follows: 302.8 Motor vehicles. For Motor Vehicles refer to City Code §13-38 et seq. (45) Section 302.9.1 is added to read as follows: 302.9.1 Other provisions related to defacement of property. For other provisions related to Defacement of Property refer to City Code §33-100 et seq. (46) Section 303 of the International Property Maintenance Code is revised to read as follows: 303.1 Swimming pools. For swimming pools refer to City Code §23-50 et seq. (47) Section 304.1.1 of the International Property Maintenance Code is revised to read as follows: 304.1.1 Unsafe conditions. For unsafe conditions refer to City Code §13-22 et seq. (48) Section 304.3 of the International Property Maintenance Code is revised to read as follows: 304.3 Address identification. Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position to be visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numerals or alphabetical letters. Numbers shall not be spelled out. Each character shall be a minimum of 4 inches (102mm) in height with a minimum stroke width of 0.5 inch (12.7 mm). Where required by fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access I by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained. All multiunit buildings shall have signage that identifies all units contained within the building. The signage should be placed in a position to be plainly visible from the driveway fronting the building. The signage shall have a contrasting background with a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7mm). (49) Section 304.5 of the International Property Maintenance Code is revised to read as follows: 304.5 Foundation. All foundations, piers, or other structural elements shall be maintained plumb and capable of adequate support, free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. (50) Section 304.14 of the International Property Maintenance Code is revised to read as follows: 304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. Exceptions: (1) Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. (2) Habitable spaces served by air conditioning unit in sound condition and good repair. (3) Doors are not required to be screened if there is an additional ventilation source in the room. (51) Section 304.18 of the International Property Maintenance Code is revised to read as follows: 304.18 Building security. Doors, attic access, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. The owners of residential rental units shall be deemed to have met this requirement by installing devices that are required under the TEXAS PROPERTY CODE — TITLE 8 LANDLORD and TENANT — CHAPTER 92. RESIDENTIAL TENANCIES — SUBCHAPTER D. SECURITY DEVICES. Exception: Locking devices for attic access are not required in single family dwellings. (52) Section 304.18.1 of the International Property Maintenance Code is revised to read as follows: 304.18.1 Doors Requiring Deadbolt Locks. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order to provide additional building security (i.e. student safety in college dorms and off campus housing.) For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. (53) Section 308.2.1 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: Unless provided otherwise by contract or by city. (54) Section 308.2.2 of the International Property Maintenance Code is revised to read as follows: 308.2.2 Appliances. Refrigerators and similar equipment not in operation or that poses a risk of imminent danger shall not be discarded, abandoned or stored on the exterior of the premises. (55) Section 309.4 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination. (56) Section 402.1 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: (1) Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but a minimum of 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served. (2) Where installed or constructed lawfully. (57) Section 403.2 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: Re -circulating mechanical ventilation system allowed where installed or constructed lawfully. (58) Section 403.4 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: Re -circulating vent hoods are allowed in residential occupancies where installed lawfully. (59) Section 403.5 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: (1) Listed and labeled condensing (ductless) clothes dryers. (2) Except where constructed lawfully. (60) Section 404.3 of the International Property Maintenance Code is revised to include Exceptions to read as follows: Exceptions: (1) In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting a maximum of 6 inches (152 mm) below the required ceiling height. (2) Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a minimum clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar obstructions. (3) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum ceiling height of 7 feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included. (4) Unless installed or constructed lawfully. (61) Section 404.4.1 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: Unless constructed lawfully. (62) Section 404.4.2 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: (1) Units that contain fewer than two bedrooms. (2) Unless lawful at the time of construction or renovation. (63) Section 404.4.3 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: Unless constructed lawfully. (64) Section 404.6 of the International Property Maintenance Code is revised to read as follows: 404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: 1. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3. Exception: Unless constructed lawfully. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this Property Maintenance Code shall be provided. 3. The unit shall be provided with a separate bathroom containing a toilet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. (65) Section 502.5 of the International Property Maintenance Code is revised to read as follows: 502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the International Plumbing Code as adopted and amended by the City. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises. (66) Section 503.1 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: Except as provided otherwise in state rules and regulations. (67) Section 503.3 of the International Property Maintenance Code is revised to read as follows: 503.3 Location of employee toilet facilities. Employees shall have access to toilet facilities near the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: (1) No toilet facility is required at offsite work areas. (2) In multi- unit residential properties a toilet facility is not required if there is no onsite management office located on the property. (3) In multi -unit residential properties, where there is an onsite management office, there is no maximum travel distance to a toilet facility. (4) Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employee's regular working area to the facilities. (68) Section 505.1 of the International Property Maintenance Code is revised to read as follows: 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, toilet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code as adopted and amended by the City. Exceptions: Facilities constructed lawfully without hot water. (69) Section 506.3 of the International Property Maintenance Code is revised to read as follows: 506.3 Grease interceptors/Grease traps. Refer to City Code §55-160 et seq. and International Plumbing Code as adopted and amended by the City. (70) Section 602.3 of the International Property Maintenance Code is revised to read as follows: 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68`F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exception: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provide that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code as adopted and amended by the City. 2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. (71) Section 603.5 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: A supply of air for complete combustion of the fuel and for ventilation must be maintained as it was lawfully -installed. (72) Section 604.2 of the International Property Maintenance Code is revised to include an Exception to read as follows: Exception: Electric service may be maintained if installed lawfully. (73) Section 604.3 of the International Property Maintenance Code is revised to read as follows: 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, to include but not limited to hazards associated with fire exposure, the code official shall require the defects to be corrected to eliminate the hazard. (74) Section 604.3.1.1 of the International Property Maintenance Code is revised to read as follows: 604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low -voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the International Building Code as adopted and amended by the City. Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement: 1. Enclosed switches, rated a maximum of 600 volts or less; 2. Busway, rated a maximum of 600 volts; 3. Panelboards, rated a maximum of 600 volts; 4. Switchboards, rated a maximum of 600 volts; 5. Fire pump controllers, rated a maximum of 600 volts; 6. Manual and magnetic motor controllers; 7. Motor control centers; 8. Alternating current high-voltage circuit breakers; 9. Low -voltage power circuit breakers; 10. Protective relays, meters and current transformers; 11. Low- and medium -voltage switchgear; 12. Liquid -filled transformers; 13. Cast -resin transformers; 14. Wire or cable that is suitable for wet locations and whose ends have not been exposed to water; 15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water; 16. Luminaires that are listed as submersible; 17. Motors; 18. Electronic control, signaling and communication equipment. (75) Section 604.3.2.1 of the International Property Maintenance Code is revised to read as follows: 604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the International Building Code as adopted and amended by the City. Exception: Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement. (76) Section 606.1 of the International Property Maintenance Code is deleted. (77) Section 701.3 is added to read as follows: 701.3 Fire Break (1) When a structure exists on the property adjacent to the property containing brush, grass, or weeds and is within 250 feet of the common property line a fire break shall be maintained on any portion of the property line within 250 feet of the structure. The fire break shall extend a minimum of 100 feet along the common property line on either side of a point nearest the structure or the entire length of the common property line if it is less than 200 feet in length. "Fire break" as used in this section (1) means a 50 -feet wide strip of land surface on which all brush, grass, or weeds are maintained at a height less than 12 inches above the ground; all branching growth, leafy foliage seven (7) or less feet above the ground has been removed; and all hazardous vegetation has been removed. (2) A fire break will be maintained along the property line adjacent to a public right-of-way. A "fire break" as used in this section (2) means a 20 -feet wide strip of land surface on which all brush, grass, or weeds are maintained at a height less than 12 inches above the ground; all branching growth, leafy foliage seven (7) or less feet above a public sidewalk or thirteen (13) feet above a public street has been removed; and all hazardous vegetation has been removed. Exception: A fire break shall not be required on a tract of real property or any portion thereof which is used exclusively for active agricultural operations as set forth in the Texas Agricultural Code Title 8, Chapter 251, but will be required along any improved right-of-ways adjacent to the property. (78) Section 702.1 of the International Property Maintenance Code is revised to read as follows: 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code as adopted and amended by the City. (79) Section 702.1 of the International Property Maintenance Code is revised to read as follows: 702.2 Aisles. The required width of aisles in accordance with the International Fire Code, as adopted and amended and adopted by the City, shall be unobstructed. (80) Section 702.3 of the International Property Maintenance Code is revised to read as follows: 702.3 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code as amended and adopted by the City, or the required security devices enumerated in the Texas Property Code. Exception: double cylinder locking devices are allowed in single family and two family dwellings where not used as group homes, daycare, foster care homes, childcare, assisted living or where prohibited by law. (81) Section 703 of the International Property Maintenance Code is revised to read as follows: SECTION 703. FIRE -RESISTANCE RATINGS Refer to International Fire Code as adopted and amended by the City. (82) Section 704-1 of the International Property Maintenance Code is revised to read as follows: SECTION 704. FIRE PROTECTION SYSTEMS 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code as adopted and amended by the City. The duties of landlords to inspect and repair smoke alarms in residential dwelling units leased to others are governed by the TEXAS PROPERTY CODE — CHAPTER 92 — SUBCHAPTER F. SMOKE DETECTORS. Sec. 13-21 Establishment of organization to enforce the Corpus—Christi Property Maintenance Code; code official and building standards board. (a)There is hereby established in the city an organization for the enforcement of the Corpus Christi Property Maintenance Code or of any rule or regulation concerning the health, safety, or general welfare adopted by the city as it relates to structures or premises, consisting of (1) a building standards board, and (2) the office of the code enforcement division. (1) Building standards board. (i) There is hereby created a building standards board hereinafter referred to as "the board" to be composed of seven (7) members, each of whom shall be a resident of the city. Such board shall be composed of one lawyer, and three (3) members chosen from the following: A realtor, an architect, an engineer, a general contractor, a home builder or a building materials dealer; and three (3) members at Targe from the residents of the city who are homeowners. This board shall be appointed by the city council. (ii) Of the members first appointed, three (3) shall be appointed for a term of one (1) year, two (2) for a term of two (2) years, two (2) for a term of three (3) years, and thereafter they shall be appointed for terms of three (3) years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. The unexcused absence of any member from three (3) consecutive official meetings of the board shall automatically terminate his membership on the board. (iii) Four (4) members of the board shall constitute a quorum. In varying the application of any provisions of this code or in making any decision, affirmative votes of the majority present, but not less than four (4) affirmative votes, shall be required. No board member shall act in a case in which he has a personal interest. (iv) The board shall establish rules and regulations for its own procedure, not inconsistent with the provisions of this code. The board shall meet at regular intervals to be determined by the chairman, and shall meet for such hearings as are required to be held upon complaints filed by the official and for such hearings as are requested in writing by a citizen whose property is, or may be, affected adversely by the application of any provisions of this code. (2) The office of the code enforcement division is created and established in accordance with the provisions of §103 of the Cepus Christi Property Maintenance Code, wherein the director of the code enforcement division, or such other city officer or employee as the City Manager may designate in writing, shall be known as the code enforcement official, hereinafter the "code official". Sec. 13-22. Procedure for eliminating substandard conditions. (A) Notice of violation. Whenever the code official determines that there are reasonable grounds to believe that there has been or continues to be a violation of the Gems Property Maintenance Code or of any rule or regulation concerning the health, safety, or general welfare adopted by the city as it relates to structures or premises, he shall give notice of such alleged violation to the owner of the property as per a method enumerated in subsection (D) below. Such notice shall: (1) Be in writing. (2) State the nature of the violation or violations. (3) State the violation provision or provisions of the Corpus Christi Property Maintenance Code or any other relevant code of the city that is being violated and why the notice is being issued. (4) State the penalty and penalty provision of the Corpus Christi Property Maintenance Code or any other relevant code of the city. (5) State that the code official will take further action pursuant to the Corpus Christi Property Maintenance Code if the violation is not cured within 30 days of receipt of the notice specified in this subsection. (6) Include a description of the real property sufficient for identification (7) Inform property owner of the name and phone number of the code official or designee. (8) When a notice is provided under this section, the code official may inform the owner that if the owner commits another violation of the same subsection of this code on or before the first anniversary of the date of the notice, the City, without further notice, may proceed with the prosecution of said violation. (B) Action upon failure to comply with notice. Whenever the owner, after notification as per subsection (A), informs the code official that he refuses to voluntarily comply with the requirements of th+, code the Corpus Christi Property Maintenance Code or to voluntarily cure the defect or defects brought to his attention by the code official, or whenever the alleged violation or violations are not cured within 30 days of receipt of the notice described in subsection (A), or within such further time as may be agreed between the code official and the owner or occupant, or whenever the notice pursuant to subsection (A) is given as per the method enumerated in subsection (D) (3), and 30 days have elapsed from the date of first publication, the code official: (1) May proceed to enforce the penalty provision of this section or the Corpus Christi Property Maintenance Code in municipal court; and, (2) Alternatively or additionally, the code official shall present a complaint to the building standards board. (C) Building standard board procedure. Upon presentation of a complaint by the code official, the board shall hold a hearing upon the complaint not less than 10 days nor more than 45 days after the complaint is filed with the chairman, and the code official shall give reasonable notice of at least 10 days, as per a method enumerated in subsection (D) below, of said hearing, to the owner, and, if the premises are to be vacated, to the occupant, if different from the owner. Such notice of the board hearing shall: (1) Be in writing. (2) State the time, date, and place of the hearing. (3) State the nature of the violation or violations. (4) State the violation provision or provisions of the Corpus Christi Property Maintenance Code or of any other relevant code of the city that is being violated. (5) State the remedy to be sought at the hearing by the code official. (6) State that the owner, or the occupant, if the premises are to be vacated, shall come befor the board at the hearing and show cause why the remedy to be sought by the code official should not be granted. (7) Include a description of the real property sufficient for identification. (8) Inform property owner of the right to appeal. (9) Include a statement of the City's right to file a lien. The city may hire a professional for the purpose of determining the identity and address of a property owner, lienholder, mortgagee, or other person or entity with an interest in the property, to which the city is required to give notice under this section. The city has the power to cause the expense thereof to be assessed on the real estate of the lot or lots upon which such expense is incurred on filing with the county clerk of Nueces County a statement by the mayor, city health officer, or the code official of the city, of such expenses. The city shall have a lien thereon to secure the expenditure so made and ten (10) per cent interest on the amount from the date of such payment. For such expenditures and interest, as aforesaid, suit may be instituted in the name of the city, and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in such work. (D) Method of notice. Service of any notice required by this code article or the Corpus Property Maintenance Code shall be accomplished by any of the following enumerated methods: (1) By delivery to the owner or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion: or (2) By depositing the notice in the United States post office by certified mail, return receipt requested, addressed to the owner, agent, or person in control of said structure or premises at his last known address, postage prepaid thereon; or (3) Where the owner is unknown or his whereabouts is unknown, or where service of notice has failed under subsections (1) and (2), by an official notice in a generally circulated and recognized Corpus Christi newspaper, to be published twice within a ten-day period. (4) If the notice is returned showing that the letter was not delivered or unclaimed, a copy thereof shall be posted in a conspicuous place on the front door of each improvement situated on the affected property or as close to the front door as practicable. The original letter which was not delivered or unclaimed shall be kept on file in the Code Enforcement Division. (E) The provisions of subsection (B) do not preclude a person who has received notice under subsection (A) from requesting and receiving a hearing before the board under subsection (C) prior to, or instead of, a complaint being filed by the code official. Said request shall be in writing and directed to the chairman of the building standards board. A hearing requested under this subsection shall be held as soon as possible and in any event no later than 30 days from date written request for hearing is received by the chairman. (F) Provision for emergency. Notwithstanding the foregoing provisions of this section, when a structure or premises, or the manner of its use constitutes an immediate and serious danger to human life or health or to property, emergency measures may be taken by the code official, in accordance with §109 of the Corpus Christi Property Maintenance Code. (G)Technical Construction Codes applicable. Where a structure or premises is requested or ordered, after hearing, to be repaired pursuant to this code or the ,..,. Christi Property Maintenance Code, such repair, rehabilitation or restoration shall become subject to the provisions of the Technical Construction Codes, found at §14-201 et seq of this City Code, as such provisions pertain to the repair of existing buildings, including but not restricted to the requirement of obtaining a permit from the building official under said building code. (H) Hearings and orders. (1)The following decisions may be made by the building standards board upon the hearing in ordering the repair, vacation, or demolition of any building or structure: (a) If the substandard building or structure can reasonably be repaired so as to be in compliance with this code or the Property Maintenance Code, it shall be ordered repaired within 30 days, or such longer time period as the board may decide in the circumstances. Such order must state that the repairs be in compliance with section 13-2 = (G). (b) If the substandard building or structure is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin -infested that it creates a serious hazard to the health or safety of the occupants or the public, it shall be ordered to be vacated within a prescribed time and shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code or the Property Maintenance Code, within 30 days or such longer time period as the board may decide in the -circumstances at the hearing. (c) If the structure or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard, it shall be ordered removed or demolished and removed from the premises within 30 days or such longer time period as the board may decide in the circumstances at the hearing. The board's decision shall_be in writing and.shall indicate the vote upon it. Every decision shall be promptly filed in the office of the code official and shall be open to public inspection; notice of their decision shall be sent as per section 13- 2 n= (D) and a copy of said notice shall be kept posted in the office of the code official for two (2) weeks after filing. The board shall in every case reach a decision without unreasonable or unnecessary delay. (2) If, after the decision of the board as per (a) above, to either repair, rehabilitate, remove or demolish any building or structure, the owner refuses or fails to comply with the decision of the board within 30 days of the date of the board's decision, or such longer time period as the board may have allowed at the hearing, or within such extension of time as may be authorized by the board in writing pursuant to section 13-2 - below, the code official may repair or demolish such building or structure and clean up the premises and remove all related debris by doing work itself or causing the work to be done and pay therefor, and shall charge the expenses incurred in doing or having such work done to the owner of such property as herein provided. The city, in addition to the foregoing remedy, has the power to cause the expense thereof to be assessed on the real estate of the lot or lots upon which such expense is incurred on filing with the county clerk of Nueces County a statement by the mayor, city health officer, or the code official of the city, of such expenses. The city shall have a lien thereon to secure the expenditure so made and ten (10) per cent interest on the amount from the date of such payment. For such expenditures and interest, as aforesaid, suit may be instituted in the name of the city, and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in such work. The city may punish any owner or occupant or interested party for violating the provisions of this code, ordinances and regulations of the city by such proceedings and penalties as are provided for criminal actions. Sec. 13-23 Hardships. Where the literal application of the requirements of this code or the Corpus Christi Property Maintenance Code would cause undue hardship, exception may be granted by the board at the hearing held. Such exception shall be made in writing and only when it is clearly evident that reasonable safety and sanitation is assured, and such exception shall be conditioned in such manner as to achieve that end. Such conditions may include restrictions not generally specified by this code or the Corpus Christi Property Maintenance Code. Exception granted in accordance with this subsection may be subject to review by the city council. Sec. 13-24. Appeals. (a) Whenever it is claimed that the decision of the building standards board is erroneous, or that the decision of the board would cause undue hardship, the owner or occupant, or his duly authorized agent, may appeal from the decision of the board to the city council. The decision of the board is final unless notice of appeal to the city council is given. Notice of appeal from the decision of the board shall be in writing and filed with the city secretary within 30 days from the rendition of the decision of the board. The appeal shall state specifically the error alleged to have been committed by the board. (b) When an appeal is pending, all orders of the board shall be suspended in their operation. The city council, on appeal, may vary the application of any provision of this code to any particular case when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code, the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the board should be modified or reversed. (1) A decision of the city council to vary the application of any provision of this code or the Corpus Christi Property Maintenance Code, or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons therefor. (2) If the decision of the city council reverses or modifies the refusal, order, or disallowance of the board or varies the application of any provision of this code, or the Corpus Christi Property Maintenance Code, the code official shall immediately take action in accordance with such decision. (c) The decision of the city council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within 15 days from the date on which the decision of the city council was rendered. Sec. 13-25 Disposition of items of personal property in buildings to be demolished. In the event there are items of personal property in the premises to be demolished, according to the provisions of section 13-226, additional notice as per section 13-226 (D) shall be given to the effect that if such items of personal property are not removed from the premises within 30 days, they shall be placed in storage for a period of) 90 days. During this period they may be redeemed by the owner after all costs incurred in placing the items in storage and all accumulated storage fees have been paid. In the event that the property is not redeemed within 90 days the city may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property and any excess amount shall be set off against the cost of demolition to be charged to the owner. Secs. 13-26 —13-37. Reserved. ARTICLE II. PROPERTY MAINTENANCE CODE SECTION 2: If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3: A violation of the Property Maintenance Code or the regulations implemented under the Property Maintenance Code constitutes a strict liability offense in accordance with Property Maintenance Code Section 106.3(a) and any violation is punishable by a fine not to exceed $500.00, the amount authorized by Section 12.23 of the Texas Penal Code and Section 1-6 of the Corpus Christi Code of Ordinance. SECTION 4: Publication shall be made in the official publication of the City of Corpus Christi, as required by the City Charter of the City of Corpus Christi. SECTION 5: This ordinance takes effect on October 1, 2016. SECTION 6: The changes in property maintenance regulations made by the Property Maintenance Code apply only to violations occurring on or after the effective date of the Property Maintenance Code. Any violations occurring before the effective date of the Property Maintenance Code are governed by the property maintenance regulations in effect at the time the violation occurred, and the former regulations are continued in effect for that purpose. For purposes of this section, a violation occurred before the effective date of this ordinance if any part of the violation occurred before that date. 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre 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 Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Future Item for the City Council Meeting of August 30, 2016 Action Item for the City Council Meeting of September 13, 2016 DATE: August 9, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Lawrence Mikolajczyk, Director of Solid Waste Operations Lawm@cctexas.com (361) 826-1972 Engineering Testing Agreement Cefe F. Valenzuela Landfill FY 2016-2017 Groundwater Monitoring Motion authorizing the City Manager, or designee, to execute an engineering testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of $130,400 for the Cefe F. Valenzuela Landfill FY 2016-2017 Groundwater Monitoring. 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: This site is located southeast of Petronilla, Texas and comprises approximately 300 acres. The landfill is a Type 1 Municipal Solid Waste facility that receives domestic waste and wastewater treatment plant sludge, and is the only operating municipal landfill for the City of Corpus Christi. This testing agreement is to meet TCEQ landfill permit requirements and to provide the analysis and specific reporting requirements for permit compliance. The permit requires two annual groundwater testing and reporting cycles under TCEQ Title 30 Administrative Code 330 Subchapter J Groundwater Monitoring and Corrective Action. ALTERNATIVES: 1. Authorize execution of an engineering testing agreement. (Recommended) 2. Do not authorize execution of an engineering testing agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The testing agreement 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 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $140,000 $140,000 Encumbered / Expended Amount This item 130,400 130,400 Future Anticipated Expenditures This Project 5,950 5,950 BALANCE $3,650 $3,650 Fund(s): Comments: N/A RECOMMENDATION: City staff recommends the testing agreement with Tolunay-Wong Engineers, Inc. in the amount of $130,400 for the Cefe F. Valenzuela Landfill FY 2016-2017 Groundwater Monitoring. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Agreement Form 1295 Presentation PROJECT BUDGET ESTIMATE E16369 CEFE F. VALENZUELA LANDFILL GROUNDWATER MONITORING FY 2016-2017 PROJECT FUNDS AVAILABLE: Landfill Operating $ 140,000.00 TOTAL 140,000.00 FUNDS REQUIRED: Fees: Engineering (Tolunay-Wong Engineers) 130,400.00 Reimbursements 5,950.00 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 136,350.00 ESTIMATED PROJECT BUDGET BALANCE $ 3,650.00 North San Pedro Robstawn Petrorri I.a Tierra G ride CR 20 P ca FM 70 FM 2444 VICINITY MAP NOT TO SCALE Pr Chapman Ranch �cIN -E16369 Cefe Valenzuela 2016-2017 Groundwater Monitoring CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI:TEXAS DEPARTMENT OF ENGINEERING SERVICES AGREEMENT for Monitoring and Testing Services 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: Cefe F. Valenzuela Landfill FY 2016-2017 Groundwater Monitoring (Project No. E16369) ("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 $130,400.00. 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 EN INEERS, INC, G J. H. Edmonds, P.E. Date Don Rokohl, P.E. Date Director of Engineering Services Branch Manager 826 South Padre Island Drive Corpus Christi, TX 78416 RECOMMENDED (361) 884-5050 Office Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date KENGINEERING DATAEXCHANGELANGIEMISOLUD WASTE1E16369 CE FE F VALENZUELR FY 2016 TO 2017 GROUNDWATER MON6TORING52015 1001 TESTING AGREEMENT.DOC Rey.09r30l15 APPROVED Office of Management Date and Budget ATTEST City Secretary Project No. E16369 Accounting Unit: 1020-12506-033 Account: 530000 Activity: E16369011020EXP Account Category: 30000 Fund Name: Solid Waste Operating Encumbrance No. KSENGINEERING DATAEXCHANGE ANGIEMISOLID WASTEI.E16369 CEFE F VALENZUELA FY 2016 TO 2017 GROUNDWATER MONITORING120151001 TESTING AGREEMENT.DOC Rev. 09/30/15 tip'Falun ay -Wong Engineers, Inc. 826 South Padre Island Drive Corpus Christi, Texas 78416 Phone: (361) 884-5050 August 2, 2016 TWE Proposal No. P16 -E068 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 CEFE VALENZUELA MUNICIPAL LANDFILL FOR FISCAL YEAR 2016 - 2017 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 2016 to 2017. Background The Site is located southeast of Petronila, TX, and the active area comprises approximately 300 acres. The landfill is a Type 1 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 monitoring results that provide an accurate representation of groundwater quality at the Cefe Valenzuela facility. EXHIBIT "A" Page 1 of 3 Mr. Lawrence Mikolajczyk TWE Proposal No. P16 -E068 August 2, 2016 Page 2 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. Biennial intrawell background update based on Detection Monitoring data collected in 2015 and 2016. 4. 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. Schedule Based on the City's fiscal year schedule and negotiations with TCEQ, TWE proposes to conduct the two semiannual sampling events in October/November 2016 and April/May 2017. The 2016 Annual report will be issued in April 2017. The period between the 2nd semiannual sampling event of 2016 and the Annual Report will allow for up to two verification sampling events along with data review and incorporation of results into the Annual Report. The period following the 1st semiannual event of 2017 will also be utilized for verification sampling if required. Each 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 three days for each event with analytical TAT again requiring two working weeks. Proposed Project Costs TWE will conduct the investigation on a time and material basis for a not -to -exceed base price of $130,400. A cost breakdown for the major tasks is summarized below. Field Sampling Activities (includes 2 Verification Sampling Events) Labor $ 37,400 EXHIBIT "A" Page 2 of 3 Mr. Lawrence Mikolajczyk TWE Proposal No. P16 -E068 August 2, 2016 Page 3 ODCs $ 6,300 Analytical $ 33,000 Reporting $ 36,100 Background Report Preparation $ 5,100 Project Management $ 12,500 Project Total $ 130,400 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(i,tweinc.com. Sincerely, Tolunay-Wong Engineers, Inc. TA_ P,Jec 1-( Or'sw-- 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 "A" Page 3 of 3 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: EXHIBIT "B" Page 1 of 6 (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; (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 EXHIBIT "B" Page 2of6 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 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 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) a copy of the Certificate(s) 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 EXHIBIT "B" Page 3 of 6 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 $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (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. 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 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 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; and (c) 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. EXHIBIT "B" Page 4 of 6 EXHIBIT "B" Page 5 of 6 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. 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:Ilwww.cctexas.com/govern menticity-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. 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. EXHIBIT "B" Page 6 of 6 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 COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 . Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 O n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% CITY OF CORPUS CHRISTI =-�--= DISCLOSURE OF INTEREST City of Christi City of Corpus Christi Ordinance i 7112, as amended, requires alI 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: Tolunay-Wong Engineers, Inc. P. O. BOX: STREET ADDRESS: 826 South Padre Island Drive CITY: Corpus Christi ZIP: 78416 FIRM IS: L _ Corporation 4. Association 2. Partnership 5. Other B . 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 Department (if known) 1\1 44 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 // 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 i\I /A 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 14 / 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: Don Rokohl, P.E. Title: (Type or Print) Signature of Certifying Person: L - ( Branch Manager DEFINITIONS Date: c� c7 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. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-97705 Date Filed: 08/10/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Tolunay-Wong Engineers, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16369 Engineering Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT �111►RI{Ilii+Il0 / I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. N. "� ?4" rusr': yam. so • D !z- at ': use `7 . Signature of authorized agent of contracting business entity S. 474-0E-0 �i�," °eq,)PIRES.°°° ♦� � AFFIX NOTAFr+{i AL %OVE Ifr►!IIfli11100 ��,AA {� r ad Swor o and subscribed before me, by the said J 1C • this the day of It . /,� . sf 20 to certify which, witness my hand and seal of office. II 1 \.. LIAO. 1VAA7 Piik,[91 'I C 0 ,o(as Signal FAs er ad)061 ing oat Printed name of officer administering oath Tit of offic r ..minis er ng oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Corpus Chr sti Engineering Cefe F. Valenzuela Landfill FY 2016-2017 Groundwater Monitoring Council Presentation August 30, 2016 Project Vicinity �hrsti Engineering Robstown Spring Garden -Terra Verde La Paloma -lost Greek zP Tierra Grande Driscoll Petroni la Project Location CR 20 re U FM 70 FM 2444 Chapman Ranch 2 Project Location �hrsti Engineering Project Scope 111 �hrsti Engineering Project includes: • Groundwater sampling from 30 groundwater wells and the leachate system twice yearly • Laboratory testing of each sample for 15 metals and volatile organic compounds • Analysis of lab data for TCEQ compliance • Verification re -sampling and testing for samples that exceed the TCEQ limit • Annual Reporting to TCEQ Project Schedule �hrsti Engineering 2016 2017 Oct I Nov I Dec I Jan Feb I Mar Apr I May I Jun I Jul I Aug Sep I Monitoring Project Estimate: 365 Calendar Days 12 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of August 30, 2016 Action Item for the City Council Meeting of September 13, 2016 DATE: August 9, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Lawrence Mikolajczyk, Director of Solid Waste Operations Lawm@cctexas.com (361) 826-1972 Engineering Testing Agreement J.C. Elliott Landfill FY 2016-2017 Groundwater Monitoring Motion authorizing the City Manager, or designee, to execute an engineering testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of $123,000 for the J.C. Elliott Landfill FY 2016-2017 Groundwater Monitoring. 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 landfill 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 agreement is to meet TCEQ landfill permit requirements and to provide for the analysis and specific reporting requirements for permit compliance. The permit requires two annual groundwater testing and reporting cycles under TCEQ Title 30 Administrative Code 330 Subchapter J Groundwater Monitoring and Corrective Action. ALTERNATIVES: 1. Authorize execution of an engineering testing agreement. (Recommended) 2. Do not authorize execution of an engineering testing agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The testing agreement 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 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $130,000 $130,000 Encumbered / Expended Amount This item $123,000 $123,000 Future Anticipated Expenditures This Project 5,525 5,525 BALANCE $1,475 $1,475 Fund(s): Comments: N/A RECOMMENDATION: City staff recommends the testing agreement with Tolunay-Wong Engineers, Inc. in the amount of $123,000 for the J. C. Elliott Landfill FY 2016-2017 Groundwater Monitoring. LIST OF SUPPORTING DOCUMENTS: Project Budget Form 1295 Location Map Presentation PROJECT BUDGET ESTIMATE E16368 JC ELLIOTT LANDFILL FY 2016-2017 GROUNDWATER MONITORING FY 2016-2017 PROJECT FUNDS AVAILABLE: Landfill Operating $ 130,000.00 TOTAL 130,000.00 FUNDS REQUIRED: Fees: Engineering (Tolunay-Wong Engineers) 123,000.00 Reimbursements 5,525.00 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 128,525.00 ESTIMATED PROJECT BUDGET BALANCE $ 1,475.00 J.C. ELLIOTT 2016-2017 GROUNDWATER MONITORING CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI -TEXAS DEPARTMENT OF ENGINEERING SERVICES AGREEMENT for Monitoring and Testing Services 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: J.C. Elliott Landfill FY 2016-2017 Groundwater Monitoring (Project No. E16368) ("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 $123,000.00. 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 EN INEERS, INC. iL 1214 . r 5-1G J. H. Edmonds, P.E. Date Don Rokohl, P.E. Date Director of Engineering Services Branch Manager 826 South Padre Island Drive Corpus Christi, TX 78416 RECOMMENDED (361) 884-5050 Office Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date K1£NGINEERING DATAEXCHANGEANGIEMISOLID WASTE4E16368.1 C ELLIOTT FY 2016 TO 2017 GROUNDWATER MON&TORING120151001 TESTING AGREEMENT.DGC Rev. OS130!15 APPROVED Office of Management Date and Budget ATTEST City Secretary Project No. E16368 Accounting Unit: 1020-12530-033 Account: 530000 Activity: E16368011020EXP Account Category: 30000 Fund Name: Solid Waste Operating Encumbrance No. K%ENGINEERING DATAEXCHANGEWNGIEM4SOLID WASTE1E16366 J C ELLIOTT FY 2016 TO 2017 GROUNDWATER MONITORING72015 1001 TESTING AGREEMENT.DOC Rev. 09/30115 01) Tolunay-Wong Engineers, Inc. 826 South Padre Island Drive Corpus Christi, Texas 78416 Phone: (361) 884-5050 August 2, 2016 TWE Proposal No. P16 -E040 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 LawNW,,cctexas.com COST PROPOSAL FOR GROUNDWATER MONITORING AT J C ELLIOTT MUNICIPAL LANDFILL FOR FISCAL YEAR 2016 - 2017 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 2016 to 2017. 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 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. EXHIBIT "A" Page 1 of 3 Mr. Lawrence Mikolajczyk TWE Proposal No. P16 -E040 August 2, 2016 Page 2 Scope 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. Biennial intrawell background update based on Detection Monitoring data collected in 2015 and 2016. 4. 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. Schedule Based on the City's fiscal year schedule and negotiations with TCEQ, TWE proposes to conduct the two semiannual sampling events in October/November 2016 and April/May 2017. The 2016 Annual report will be issued in April 2017. The period between the 2nd semiannual sampling event of 2016 and the Annual Report will allow for up to two verification sampling events along with data review and incorporation of results into the Annual Report. The period following the 1St semiannual event of 2017 will also be utilized for verification sampling if required. Each 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 three days for each event with analytical TAT again requiring two working weeks. Proposed Project Costs TWE will conduct the investigation on a time and material basis for a not -to -exceed base price of $117,900. A cost breakdown for the major tasks is summarized below. Field Sampling Activities (includes 2 Verification Sampling Events) Labor ODCs $ 33,600 $ 6,300 EXHIBIT "A" Page2of3 Mr. Lawrence Mikolajczyk TWE Proposal No. P16 -E040 August 2, 2016 Page 3 Analytical Reporting Background Report Preparation Project Management Project Total $ 31,300 $ 31,100 $ 5,100 $ 15,600 $ 123,000 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(a�tweinc.com. Sincerely, Tolunay-Wong Engineers, Inc. /4_ 12.44 Don Rokohl, P.E. Corpus Christi Branch Manager t/72,‘ A9 Paul Wild Vice President Environmental Services Division Mark Brotherton, P.G. Sr. Project Manager Environmental Services Division EXHIBIT "A" Page 3 of 3 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: EXHIBIT "B" Page 1 of 6 (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; (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 6. 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 EXHIBIT "B" Page 2 of 6 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 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 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) a copy of the Certificate(s) 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 EXHIBIT "B" Page 3 of 6 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 $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (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. 8.3 In the event of accidents of any kind related to this agreement, Lab must fumish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 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 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; and (c) 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. EXHIBIT "B" Page 4of6 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. 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 C]Q 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 httpalwww.cctexas.coralgovernmenticity-secretarvlconflict-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. EXHIBIT "B" Page 5 of 6 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. 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. EXHIBIT "B" Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% CITY OF CORPUS CHRISTI =-�--= DISCLOSURE OF INTEREST City of Christi City of Corpus Christi Ordinance i 7112, as amended, requires alI 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: Tolunay-Wong Engineers, Inc. P. O. BOX: STREET ADDRESS: 826 South Padre Island Drive CITY: Corpus Christi ZIP: 78416 FIRM IS: L _ Corporation 4. Association 2. Partnership 5. Other B . 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 Department (if known) 1\1 44 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 // 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 i\I /A 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 14 / 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: Don Rokohl, P.E. Title: (Type or Print) Signature of Certifying Person: L - ( Branch Manager DEFINITIONS Date: c� c7 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. Forms provided by Texas Ethics Commission www. eth i cs. state. tx. us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-97701 Date Filed: 08110/2016 bate Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Tolunay-Wong Engineers, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16368 Engineering Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check if there is NO Interested Party. only X 6 AFFIDAVIT`\``\\ AFFIX Sworn 20Jt..0 I swear, or affirm, under enal ofthat ONliRE'Dk ill penalty 4.1` .•o'SPRY PUe:g f'4 J g:* : 74, perjury, the above disclosure is true and correct. \��1 •�' • Signature of authorized agent of contracting 1,1;OF f NOT � 9S ABOVE hfflfliltI to and subscribed before me, by the said ,_,..0v` Q. )(-0 kb ild , this the business entity I I - day of , , to certify which, witness my hand and seal of office. La47 Ibi-ok, okblicoPreosA \. 1101 Signatu.6 o officer a'd r - steLing-Math Printed name of officer administering oath Title of officer admiVA3ring path , IIVPACIMitiKt Forms provided by Texas Ethics Commission www. eth i cs. state. tx. us Version V1.0.277 Corpus Chr sti Engineering J.C. Elliott FY 2016-2017 Groundwater Monitoring Council Presentation August 30, 2016 Project Vicinity �hrsti Engineering 1 371 Project Location / Ssra�o ea e4v, 4 roes fi 2 Project Location �hrsti Engineering Project Scope 111 �hrsti Engineering Project includes: • Groundwater sampling from 23 groundwater wells and the leachate system twice yearly • Laboratory testing of each sample for 15 metals and volatile organic compounds • Analysis of lab data for TCEQ compliance • Verification re -sampling and testing for samples that exceed the TCEQ limit • Annual Reporting to TCEQ Project Schedule �hrsti Engineering 2016 2017 Oct I Nov I Dec I Jan Feb I Mar Apr I May I Jun I Jul I Aug Sep I Monitoring Project Estimate: 365 Calendar Days 12 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of August 30, 2016 Action Item for the City Council Meeting of September 13, 2016 DATE: August 15, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Resolution for the acquisition of real property rights by eminent domain for the Creek View Drive Extension Project — Bond 2014, Prop. 2 CAPTION: 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 parcel of land by fee simple title, collectively known as Parcel 1, for a street improvement project known as the Creek View Drive Extension Project; (2) authorizing the City Manager or 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 fee simple title in the property owned by the William E. McKinzie, Jr. Family Limited Partnership; (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. PURPOSE: This resolution is required to proceed with eminent domain proceedings to acquire a parcel of land needed for this street project. Council must first determine that a public use and necessity exists for the project and delegate authority to the City Manager to use the power of eminent domain. The resolution also authorizes the City Manager or her designee to execute all real estate purchase contracts and instruments, provided that the amounts are within Council -approved project budgets. BACKGROUND AND FINDINGS: The extension of Creek View Drive (Bond 2014, Proposition 2) from Creek Side Drive to McKinzie Road will improve traffic flows and safety in the Maple Hills Subdivision and the Tuloso Midway Primary School (grades K-2) located within the subdivision. This project includes a new 2 -lane roadway with new curb and gutter, sidewalks, ADA ramps, signage and pavement markings. Utility improvements include water, wastewater, gas and storm water that will increase reliability and service to the area. Water system improvements include a new fire hydrant and upgrades to enhance water services and emergency fire protection to the immediate area. Storm water improvements will improve local drainage. The extension of Creek View Drive requires the acquisition of one (1) tract of land containing 22,230.10 square feet (0.51 acres) of land owned by the William E. McKinzie, Jr. Family Limited Partnership. The City's Property & Land Acquisition Division's staff first contact with the property owner's registered agent and general partner, Mr. William E. McKinzie, Jr. was on July 31, 2015, requesting right of entry for surveying. On August 5, 2015, Mr. McKinzie, Jr. called to refer city staff to his attorney, Mr. Charles Cartwright. Staff sent introduction letters to both the property owner and his representative on September 10, 2015. On March 8, 2016, the City received a letter from Mr. Paul Barkhurst, attorney, stating that he is representing the property owner. On March 15, 2016, a certified offer letter was sent to and received by Mr. Barkhurst, to purchase the tract of land in the amount of $55,575.00 (based on a real estate appraisal obtained by the City). Upon not receiving a response, a certified final offer letter, as required by law, was sent to Mr. McKinzie and Mr. Barkhurst on May 19, 2016. The certified mail receipts indicate each received the final offer letter on May 23, 2016. No response from either has been received. City staff has sent multiple requests by phone, email and letter with no response for acceptance, rejection or submission of a counter-offer throughout the course of negotiations. Therefore, City staff has concluded that negotiations have ceased and will not result in the acquisition of the needed tract of land. Based on this, staff requests that City Council authorize City staff to exercise and initiate eminent domain procedures to acquire the tract of land. On September 1, 2011, Texas Senate Bill 18 (SB18) was passed 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 and the motion to adopt it are in a form required under Senate Bill 18 and other state law requirements. 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 and the motion adopting it conform 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 Services 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 requests Council pass the motion to adopt the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Vicinity Map Presentation 1 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 parcel of land by fee simple title, collectively known as Parcel 1, for a street improvement project known as the Creek View Drive Extension Project; (2) authorizing the City Manager or 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 fee simple title in the property owned by the William E. McKinzie, Jr. Family Limited Partnership; (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 tract of land known as Parcel 1, described herein for the purposes of constructing a roadway extension and other street related improvements from Creek Side Drive to McKinzie Road; 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 tract of land is 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 2 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 Creek View Drive Extension Project, and it is in the public interest to acquire the tract of land known as Parcel 1, 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 fee simple interests for the Creek View Road Extension 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 the William E. McKinzie, Jr. Family Limited Partnership and interested parties of the property proceedings in eminent domain in accordance with State law to acquire the fee simple 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 , 2016. The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn 3 Exhibit A E15122 — Creek View Drive Extension 60' Wide Right -Of -Way STATE OF TEXAS COUNTY OF NUECES BEING a 60.0 foot wide tract of land, containing 22,230.1 square feet (0.51 acres) of land out of a 7.334 acre tract described as Parcel 4 in Special Warranty Deed recorded as Document no. 2015012107, Official Records of Nueces County, Texas; said 7.334 acre tract being out of the McKinzie 124.12 acre tract lying south of Up River Road and east of McKinzie road and also being a portion of the McKinzie 388.26 acre tract of Survey 417, Patented to F.W. Schaeffer, Abstract 571, Survey 419, Patented to F.W. Schaeffer, Abstract 570, Survey 422, Patented to A.E. Spohn, Abstract 850, Nueces County, Texas. This 22,230.1 square foot tract being more fully described by metes and bounds as follows: Commencing at a 5/8 inch iron rod found on the east boundary of McKinzie Road for the northwest comer of Lot 3, Block 7, Highway Village Section 1 Annex, a map of which is recorded in Volume 65, Page 193, Map Records of Nueces County, Texas; Thence, with the easterly extension of the north boundary of said Lot 3, Block 7, Highway Village Section 1 Annex, North 81°04'18" West 10.00 feet; Thence, with the existing east boundary of McKinzie Road, parallel with its centerline and 40.00 feet distant therefrom, North 08°53'55" East, a distance of 258.11 feet to a 5/8 inch iron rod with City of Corpus Christi cap set for the Point of Beginning of this description and for the southwest corner of this tract; Thence, with west boundary of this tract, same being the existing east boundary of McKinzie Road, parallel with its centerline and 40.00 feet distant therefrom, North 08°53'55" East, a distance of 110.00 feet to a 5/8 inch iron rod with City of Corpus Christi cap set for the northwest comer of this tract; Thence, with the north boundary of this tract, South 36°05'49" East, a distance of 35.36 feet to a 5/8 inch iron rod with City of Corpus Christi cap set for a corner of this tract; Thence, continuing with the north boundary of this tract, South 81°05'49" East, a distance of 335.11 feet to a 5/8" iron rod found for the northwest corner of existing Creek View Drive, for the southwest comer of Lot 1, Block 1, Maple Hills Subdivision Unit 5, a map of which is recorded in Volume 67, Page 160, Map Records of Nueces County, Texas and for the northeast corner of this tract; Thence, with the west boundary of said existing Creek View Drive, same being the east boundary of this tract, South 08°56' 10" West, a distance of 60.00 feet to a 5/8 inch iron rod found for the southwest comer of said Creek View Drive and for the southeast corner of this tract; Thence, with the south boundary of this tract, North 81°05'49" West, a distance of 335.07 feet to a 5/8 inch iron rod with City of Corpus Christi cap set for a corner of this tract; K1Engutrrringlsurvey\PROJECiSVN-EI5122-CREEK VIEW DR EXTENSION-20151Final DocumrnlslJN-E15I22.CREEK VIEW DR EXTENSION-2015-FN-nw-I0-19- 2015.doce Page 1 of 2 Thence, continuing with the south boundary of this tract, South 53°54' 11" West, a distance of 35.36 feet to the Point of Beginning and containing 22,230.1 square feet (0.51 acres) of land. Bearings based on GPS bearings, Texas State Plane Coordinate System, NAD 83 (2011), South Zone. STATE OF TEXAS COUNTY OF NUECES 1, Russell D. Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my supervision. This the 19th day of October, 2015 LAJIA.X DU_ Russell D. Ochs, R.P.L.S. State of Texas License No. 5241 K IEngineering\Survey1PROJECTSUN-E15122-CREEK VIEW DR EXTENSION-20151Final DocumentsJN-E15122.CREEK VIEW DR EXTENSION -2015 -PN -rev -10-19- 2015 docx Page 2 ort Exhibit B S 817J39' E 35 60OD' sex FD. 5/e' LR. McO I e. pIV1510N -OGIC, L01 -IGT VOL- � 55, pe. 19, 7 (1 o.oq' 50.00' I 1 �Z v-ETTYSBUR STREET 5 / © a FD. 5/8" LR J Q O 116 12 W Z (1 i "POINT OF BEGINNING" LOT l A H e1 04'rr w rano' "POINT OF COMMENCEMENT b _+— 10'Y OE SOUTH TEXAS PIPEIJNE CO. EASEMENT VOL 1663, PG. 279, DRNCT I au LaJ 1 10' WIDE SOUTHWESTERN BELL EASEMENT DOC. NO. 894182. ._FUTURE RIGHT-OF-WAY S 36'05'49" E 35.36' OPRNCT s1=r 5/8' LR. rn1H 'CITY OF CORPUS CHRISTI" CAP S 81'05'49" E 335.11' FD. 5/8' LR. 6 5 1X 1- 4 N 3 2 0 l I I ery o.oq' 40.0 ' 50.00' 22,230.1 S.F. (.0.51 ACRES) N 81'05'49" W 335.07' SET 5/B' LR. FAN 'aTY CF CORPUS CHRISM" CAP S 5.3'54'11". W 35.36'SA5 O govy(,�L1� IAINE� 1 �-� 3RFLP "rittkr 1N Prceo, 2015OV-V , 1N DOGUM oglyGT 1 2 CREEK SIDE DRIVE 3 J I d- $ CREEK VIEW o DRIVE FD. 5/B' LR IIISIIWAY VILLAGE 5E6. I ANNEX 5 FD. 5/9.1.8. AGK 7, LOT 3 VOL. 45, Pe. 03, MRNGT 0 100 NAF TO Aj QIPPICLONOliS FOR A 60.00 FOOT WIDE TRACT OF LAND, CONTAINING 88,890.1 SQUARE MT (0.61 ACRES) of LAND OUT OF A 7.884 ACM TRACT DESCRIBED AS PARCEL 4 IN SPECIAL WARRANTY DEED RECORDED AS DOCUMENT NO. 2015012107. OIflCTAL RECORDS OF NUE= COUNTY. MU% SAID 7.884 ACRE TRACT BK923 OUT OF TB2 MOM= 18418 ACRS TRACT IxMMO SOUTH OF UP MIR ROAD AND EAST OF NMI I ROAD AND ALSO BEM A PORTION OF THE Mani IE 966.26 ACRE TRACT OF SURVEY 417. PATENTED TO F.W. BCAASFFER, ABSTRACT 671. SURVEY 419, PATENTED TO F.W. SCHAEFFER, ABSTRACT 570. SURVEY 422 AND PATENTED TO A.E. SPOR N, ABSTRACT 660. NORMS COUNTY, TUAS. COS FD. 5/8- I.R. BEARINGS SHOWN ARE B4SEO ON GPS BEARINGS, 7EX4S STATE PLANE COORINADITE S.S7E1i N4DEI3 (2010. mos SOUTH ZONE 200 300 Revised: 9/2/2075 Changed curves for /Jars! at Intersection • irif CITY of CORPUS CHRISTI, TEXAS Capitol Programs Survey Division 361-826-3551 Date: 9/2/2015 Checked By: ROWN I SHEET 7 OF,1 Drawn 9y.• JJS Project: E15122 -CREEK VIEW DR DCTENSION X•I h91Surv+y1 WN-£15122-CREEX WeW DR DCIEN:MON-2015\ JN -E:5722 -CREEK NEW DR E717ENSION-20r5.dwp Temporary struction Easement (0.367 Acres) Tuloso-Midway Primary School (Grades K-2) 5P.51-Oe Dr Tuloso Midway ISD Creek View Drive Extension Bond 2014 Project Number: E15122 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI -TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Christi Engineering Creek View Drive Extension Bond 2014, Prop. 2 Council Presentation August 30, 2016 Corpus Ch Location Map 07) Corpus Chr sti Engineering It-' ''*--.• CAL LE1413/4,%%_ -111.32 Nueceg Ba? PROJECT LOCATION 2 Vicinity Map s Ch kcr sti9 Corpu Engineering 2.61 Acre, •,r, porary -e Easement icres) tystetrg St. Fee Simple (0.51 Acres) Tuloso-Midvvay Primary School (Grades K-2) 3 Overview 07) Corpus Chr sti Engineering • Improves traffic flow in Maple Hills Subdivision • Relieves congestion associated with Tuloso-Midway Primary School. • Requires acquisition of one tract of land (0.51 acres) owned by Wm. E. McKinzie, Jr. Family Limited Partnership. • Negotiation for purchase of land unsuccessful. Chronology 07) Corpus Chr sti Engineering July 31, 2015 Staff contacted property owner's registered agent for right of entry for surveying August 5, 2015 Property owner referred staff to his attorney September 10, 2015 Staff sent introduction letter to property owner & attorney March 8, 2016 City received letter from 2nd attorney identifying himself as property owner's representative March 15, 2016 Certified letter sent to attorney offering $55,575.00 for property May 19, 2016 Final Offer letter sent certified to property owner and his attorney due to non -response May 23, 2016 Both parties received Final Offer letters as indicated by certified receipt dates To -date Staff has received no response regarding Final Offer Corpus Chrsti Engineering Questions? 6 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 30, 2016 Action Item for the City Council Meeting of September 13, 2016 DATE: TO: August 5, 2016 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Master Service Agreement Water System Process Control & Reliability CAPTION: Motion authorizing the City Manager, or designee, to executed a Master Service Agreement with LNV, Inc. of Corpus Christi, Texas in the amount of $300,000, for the Water System Process Control and Reliability project. This project is in the approved FY 2014-2015 Capital Improvement Plan. PURPOSE: The purpose of this Agenda Item is to approve a Master Services Agreement for the Water System Process Control and Reliability project. CIP DESCRIPTION: Water System Process Control Reliability Improvements (E13031) Process automation system, also known as Supervisory Control and Data Acquisition (SCADA) system, allows a small team of operators to effectively run a large, complex Water system. It makes the operation of the Plant or of the distribution system more uniform and predictable. This project will address all aspects of system -wide process automation as outlined in the system study performed in 2012. The elements include communication with remote sites, standardization of local automatic control hardware and software, improved diagnostic data gathering and remote troubleshooting, periodic reporting, and instantly presenting meaningful process information to the right decision -makers at the right time. BACKGROUND AND FINDINGS: The Utility Department operates and manages the O.N. Stevens Water Treatment Plant (ONSWTP) and water distribution system. The existing treatment process uses limited automation and controls. This project evaluates the existing processes and equipment to develop more standardized and optimized processes to better integrate current technologies. The objective of this project is to modernize the treatment processes and SCADA controls to improve water quality and reliability. The planned improvements include the following: • Improve data collection system for water treatment processes at the ONSWTP • Integrate and optimize city-wide SCADA systems for better Operation & Maintenance including Plant, Elevated Storage Tanks, Pump Stations, etc. • Increase automated flow -paced chemical treatments to reduce chemical and operation costs • Improve dissemination and distribution of water quality and system data to City staff and officials This contract is a Master Service Agreement (MSA) to provide the required professional engineering services for the Water System Process Control and Reliability improvements. The MSA contract specifies basic scope, terms, and conditions that will govern future Task Orders. Future Task Orders will be issued with specific scope of work and associated fees. The total Task Orders will not exceed the MSA contract value. Future Task Orders will be administratively issued by the Director of Engineering Services or designee. ALTERNATIVES: 1. Authorize the execution of the contract. 2. Do not authorize the execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: LNV, Inc. was selected as the Consultant Engineer for this project through the Bond 2014 Transportation, Parks, and Capital Improvements Request for Qualifications No. 2014-08. 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 Budget & Expenditures Current Year Future Years TOTALS Line Item Budget $1,000,000 $1,500,000 $2,500,000 Encumbered / Expended Amount This Item $300,000 $300,000 Future Anticipated Expenditures This Project $35,000 $2,100,000 $2,135,000 BALANCE $665,000 ($600,000) $65,000 Fund(s): Water CIP #10 Comments: This contract will result in an expenditure not to exceed $300,000. RECOMMENDATION: City Staff recommends approval of a Master Service Agreement with LNV Inc. of Corpus Christi, Texas in the amount of $300,000, for the Water System Process Control and Reliability project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation Form 1295 PROJECT BUDGET O.N. STEVENS FACILITIES FEED OPTIMIZATION IMPROVEMENTS FUNDS AVAILABLE: Current Water CIP $ 1,000,000 Future Water CIP 1,500,000 TOTAL FUNDS 2,500,000 FUNDS REQUIRED: Construction: Construction Estimate (TBD) 1,500,000 Contingency (10%) 150,000 Construction Observation and Testing: Construction Observation Estimate (TBD) 250,000 Construction Materials Testing Estimate (TBD) 50,000 Design: Engineer - LNV (THIS ITEM) 300,000 Reimbursements: Total Reimbursements. 185,000 Administration/Finance (Engineering/Capital Budget/Finance) 60,000 Engineering Services (Project Mgmt) 120,000 Misc 5,000 TOTAL FUNDS REQUIRED $ 2,435,000 ESTIMATED PROJECT BUDGET BALANCE $ 65,000 SCALE: N.T.S. AERIAL FLOWN 2014 O.N. STEVENS VVTP NUECES BAY CORPUS CHR}STI SHIP CHANNEL CORPUS CHRIS, CORPUS CHRISTI BAY WATER SYSTEM PROCESS CONTROL AND RELIABILITY (CITYWIDE) CORPUS CHRISTI MEM LAGUNA MADRE GULF OF MEXICO PROJECT NUMBER: E13031 WATER SYSTEM PROCESS CONTROL AND RELIABILITY VICINITY MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES tanW CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES WATER SYSTEM PROCESS CONTROL & RELIABILTY E13031 This Agreement is between 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 and LNV, Inc., a Texas Corporation, 801 Navigation, Suite 300, Corpus Christi, Texas 78408 (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER 2 ARTICLE II COMPENSATION 2 ARTICLE III QUALITY CONTROL PLAN 3 ARTICLE IV INSURANCE REQUIREMENTS 4 ARTICLE V INDEMNIFICATION 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE 4 ARTICLE VII TERMINATION OF AGREEMENT 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 5 ARTICLE IX OWNER REMEDIES 6 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 8 EXHIBITS Page 1 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant must comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances, as applicable, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City's General Conditions for Construction Contracts, an excerpt of which is attached as Exhibit G. ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $300,000. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not -to -exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. Page 2 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC 2.4 Consultant shall submit a Rate Schedule, shown in Exhibit B-1, with their proposal. The rate schedule shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. 2.5 Monthly invoices will be submitted in accordance with the Payment Request (Exhibit C). For T&M basis fees, Consultant shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) Page 3 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $300,000 Task 1 — TBD TBD Task 2 — TBD TBD Task 3 — TBD TBD Task 4 — TBD TBD Task 5 — TBD TBD Task 6 — TBD TBD 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) Page 3 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC as needed. 3.3 Documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE IV — INSURANCE REQUIREMENTS 4.1 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. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - INDEMNIFICATION 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. ARTICLE VI — TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6,3 --This service shall be for a period of years beginning on the Effective Date. The Agreement may be renewed for up to one year renewal-eptionc upon mutual agrccmcnt of thc particc to bo cvidcnccd in writing prior to thc cxpiration datc of thc prior tcrm. Any rcncwaL shall be at the soma terms and conditions, plus any approved changes. 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. Page 4 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless Page 5 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX—OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 9.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 When the City incurs non -value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 9.4 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. Page 6 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation Page 7 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this Agreement. 11.4 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. The Consultant will not assign, transfer or delegate any of its obligations or duties in this Agreement 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. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. 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. 12.3 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. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or Page 8 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Entire Agreement. This Agreement, including Task Orders, 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. 12.6 Disclosure of Interest. (Exhibit E) Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.7 Certificate of Interested Parties. (Exhibit F). Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 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 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with the terms of this Agreement and/or an approved Task Order, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. Page 9 Rev. 7/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\ MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY.DOC CITY OF CORPUS CHRISTI J.H. Edmonds, P.E. Date Director of Engineering Services RECOMMENDED Operating Department Date APPROVED Office of Management and Budget Date APPROVED AS TO LEGAL FORM Assistant City Attorney for City Attorney ATTEST Date Rebecca Huerta Date City Secretary Project Name Water System Process Control and Reliability Project Number E13031 Accounting Unit 4093-063 Account 550950 Activity E13031014093EXP Account Category 50950 Fund Name Water 2013 RVBD This is the original contract for $300,000 LNV, 07#4 D. Ley- r'rer, P.E. Date Presiden 801 avigation, Suite 300 Corpus Christi, TX 78408 (361) 883-1984 Office Ioganb@Invinc.com Page 10 Rev. 7/16 K ENGINEERING DATAEXCHANGE\JENNIFER WATER E13031 WATER SYSTEM PROCESS CONTROL & RELIABILITY\CONTRACT\MASTER SERVICES AGREEMENT - SYSTM PROCESS CONTROL & RELIABILTY DOC EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Company Name" (Consultant) dated , 2016 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI ENGINEERING, INC J.H. Edmonds, P. E. Director of Engineering Services RECOMMENDED Date Date Operating Department Date Title Address Corpus Christi, TX 784 (361) Office Master Services Agreement Exhibit B City of Corpus Christi Scope of Professional Services Water System Process Control Reliability, E13031 This project includes specific task authorizations, based on the City's needs, to provide engineering services related to the process control and reliability of both the water treatment plant and water distribution system. Basic Services (N/A) Additional Services (ALLOWANCE OF $300,000) This section defines the scope for compensation for Additional Services that may be included as part of this contract, but the Engineer will not begin work on this section without specific written approval by the Director of Engineering Services or his appointed representative. Upon receipt of written authorization, the Additional Services provided by the Engineer may include, but are not limited to, the following: CATEGORY AVAILABLE SERVICES Water System Process Control and Reliability 1. O.N. Stevens Water Treatment Plant Analysis and Optimization 2. Water Distribution System Analysis and Optimization 3. Information System Assessment 4. SCADA Assessment 1. O.N. Stevens Water Treatment Plant Analysis and Optimization The Engineer may assist the City by performing the following tasks related to the optimization of water treatment plant operations: • Perform an evaluation of the process automation systems located throughout the O.N. Stevens Water Treatment Plant (ONWSTP) and identify potential system improvements or modifications • Review standard operating procedures (SOPS) and current operational and monitoring strategies and identify opportunities for improvements, including the implementation of improved SCADA and flow -paced automated chemical dosing and feedback systems to optimize chemical usage • Conduct plant -wide process analysis of various water treatment processes to improve communications and local automated systems for operational efficiency and consistency EXHIBIT B Page 1 of 4 At the City's request, the results and recommendations of this analysis and assessment will be documented in a Technical Memorandum. 2. Water Distribution System Analysis and Optimization The Engineer may assist the City by performing the following tasks related to the analysis and optimization of the water distribution system operations: • Perform an evaluation of the process automation systems located throughout the distribution system, including communication with remote sites, improved diagnostic data gathering, and remote troubleshooting • Review SOPs for distribution system operations, including the protocol for periodic reporting to ensuring that meaningful process information is provided to the appropriate City staff members • Identify additional strategies for improved water distribution system operations, such as improved pumping operations, real-time water quality monitoring, chemical feed control at pump stations, etc. At the City's request, the results and recommendations of this analysis and assessment will be documented in a Technical Memorandum. 3. Information System Assessment The Engineer may assist the City with an assessment of the information management systems by performing the following tasks: • Perform an evaluation of the City's overall information systems, including hardware, software, data management, systems integration, procedures and business practices for water system information management. • Conduct a performance assessment of the City's water system information management systems, including Maximo, GIS, InfoWater Hydraulic Model, and other supporting software utilized by the City staff. At the City's request, the results and recommendations of the information system assessment will be documented in a Technical Memorandum and summarized in the Information Management Plan. EXHIBIT B Page 2 of 4 4. SCADA Assessment The Engineer may assist the City by performing the following tasks related to the SCADA system: • Perform an assessment of the overall SCADA system, including its design, its related specifications, along with its procurement and suggested implementation • Conduct an assessment of the protocol for SCADA improvements, including the strategies for implementation and training, associated PLC and hardware upgrades, and additional programming needs to maintain compliance and improve overall water system management. • Assess the SCADA requirements for the water system when modifications or additions to the water system are implemented When performing the assessment of the SCADA system, the key system components to be assessed will include elevated storage tanks (ESTs), ground storage tanks (GSTs), pump stations, monitoring stations, and treatment plants. Provided by the City To be provided by City — The City Staff will: A. Provide access to various City staff for interviews and/or coordination associated with various Task Authorizations. B. Furnish copies or provide access to pertinent records and documents, etc. associated with the various Task Authorizations. Project Schedule While the exact schedule will be determined by the specific task authorizations, project completion is anticipated to occur in 18 months. Activity Date Anticipated Notice -to -Proceed September 7, 2016 Task Authorizations TBD Fees A. Fee for Additional Services. Services will be provided on a Time and Materials (T&M) basis, which will be billed through task authorizations. The negotiated fees will be authorized through multiple task order EXHIBIT B Page 3 of 4 authorizations detailing the scope of work and the task schedule. For services authorized by the Director of Engineering Services under "Additional Services", the City will pay the Engineer on a T&M basis for a total not -to -exceed contract amount of $300,000 for those services requested. B. Monthly Invoice. The monthly invoiced payment to the Engineer is based on actual working hours and associated expenses, as well as the hourly rates. The City's Project Manager is responsible for assigning tasks to the Engineer and approving daily/weekly/monthly hours. The Engineer is required to submit a detailed and approved man-hour breakdown along with monthly invoice paperwork to the Engineering Services for payment. EXHIBIT B Page 4 of 4 EXHIBIT B-1 CONFIDENTIAL RATE SCHEDULE Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Master Services Agreement 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 SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27!00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $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% Contract for Professional Services Exhibit C EXHIBIT "D" Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 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. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy 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. 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 PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim 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. 1.3 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. 1.4 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. 1.5 Consultant shall be required to submit a copy of the replacement certificate of 1 Rev 07/16 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 1.6 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: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 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. 1.8 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. 1.9 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. 1.10 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. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 07/16 Arw m. City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED 8Y CFI Y 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 definition. COMPANY NAME: LNV, Inc. P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi 2 Partnership 5. Other B ZIP: 78408 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 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 AKA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°o 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°'u or more of the ownership in the above named "firm." NameA 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 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: Dan S. Leyendecker, E. Title: President (Type or Print) Signature of Certifying Person: EFINITIONS Date: 4 /2,M, 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. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos, 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-92577 Date Filed: 07/29/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LNV, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi, Texas 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E13031 Wtr Sys Ctrl Reliabilit Professional engineering, architectural, and/or surveying services. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Trejo, Eric Corpus Christi, TX United States X Naiser, Derek San Antonio, TX United States X Viera, Robert Corpus Christi, TX United States X Leyendecker, Dan Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, u %er penalty of perjury, hat the above disclosure is true and correct. �� y„H� �������� JESSICA RODRIGUEZ Z'4�R bs i '• Notary Public, State of Texas t ;: , .+,i My Commission Expires 4ZZE�I.: August 19, 2019 ��� Signature of authorized agent of contracting business entity l' . Yt?�-f - , this the �� --�- geM day of v l� AFFIX NOTARY Sworn to and subscribed 20 t 1p , to STAMP / SEAL ABOVE before me, by the said certify which, witness my hand and seal of office. i Signatur f officer administeroa Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT G EXCERPT FROM GENERAL CONDITIONS FOR CONSTRUCTION CONTRACT Master Services Agreement Exhibit G Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 — Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 — Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 11 Article 7 — Contractor's Responsibilities 11 Article 8 — Other Work at the Site 11 Article 9 — Owner's and OPT's Responsibilities 11 Article 10 — OAR's and Designer's Status During Construction 12 Article 11— Amending the Contract Documents; Changes in the Work 14 Article 12 — Claims 14 Article 13 — Cost of the Work; Allowances; Unit Price Work 14 Article 14 — Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 14 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 14 Article 16 — Suspension of Work and Termination 14 Article 17 — Final Resolution of Disputes 14 Article 18 — Miscellaneous 14 Excerpt from Form 00 72 00 General Conditions - 1 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date —The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions - 2 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 3 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions - 4 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions - 5 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder -The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions - 6 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 7 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions - 8 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions - 9 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions - 10 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions - 11 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions - 12 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions - 13 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions - 14 Corpus Chr st1 Engineering Water System Process Control and Reliability Council Presentation August 30, 2016 Project Location Corpus Chr'sti Engineering N. STEVENS WTP WATER SYSTEM PROCESS CONTROL AND RELIABILITY (CITYWIDE) SCALE: N.TS. `m I (r i t � 2 Project Scope Corpus Chr sti Engineering This project provides engineering and technical support to standardize, integrate and optimize the existing water process control and SCADA systems to improve the City's water reliability. Planned improvements include: • Improve data collection system for water treatment processes at the ONSWTP • Integrate and optimize city-wide SCADA systems for better Operation & Maintenance including Plant, Elevated Storage Tanks, Pump Stations, etc. • Increase automated flow -paced chemical treatments to reduce chemical and operation costs • Improve dissemination and distribution of water quality and system data to City staff and officials Project Scope Corpus Chr sti Engineering 2016 2017 2018 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Services Project Estimate: 545 Calendar Days = 18 Months Projected Schedule reflects City Council award in August 2016 with anticipated completion in March 2018. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos, 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-92577 Date Filed: 07/29/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LNV, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi, Texas 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E13031 Wtr Sys Ctrl Reliabilit Professional engineering, architectural, and/or surveying services. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Trejo, Eric Corpus Christi, TX United States X Naiser, Derek San Antonio, TX United States X Viera, Robert Corpus Christi, TX United States X Leyendecker, Dan Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, u %er penalty of perjury, hat the above disclosure is true and correct. �� y„H� �������� JESSICA RODRIGUEZ Z'4�R bs i '• Notary Public, State of Texas t ;: , .+,i My Commission Expires 4ZZE�I.: August 19, 2019 ��� Signature of authorized agent of contracting business entity l' . Yt?�-f - , this the �� --�- geM day of v l� AFFIX NOTARY Sworn to and subscribed 20 t 1p , to STAMP / SEAL ABOVE before me, by the said certify which, witness my hand and seal of office. i Signatur f officer administeroa Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 30, 2016 Action Item for the City Council Meeting of September 13, 2016 DATE: August 4, 2016 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, P.E. Interim Director of Water Utilities dang@cctexas.com 361-826-1718 Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS). CAPTION: Motion authorizing the City Manager or his designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $157,060. PURPOSE: To continue the use of automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir system. BACKGROUND AND FINDINGS: Texas Water Rights Permit No. 3358 requires specified releases from the reservoir be made to the bays and estuaries. The City utilizes the United States Geological Survey (USGS) to establish automated river gauging stations to gather and maintain accurate records of all inflows and releases in the water reservoir system. The contract period is October 1, 2016 through September 30, 2017. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This agreement conforms to City Charter requirements EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Water 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 $157,060 Encumbered / Expended Amount This item $157,060 BALANCE $0 Fund(s): Water Comments: Total cost will be split between the organizations Wesley Seale Dam and Choke Canyon Dam respectively. RECOMMENDATION: Approval of the continued annual joint funding agreement with the USGS. LIST OF SUPPORTING DOCUMENTS: Joint -funding agreement United States Department of the Interior Ronald Olson City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Dear Mr. Olson, U.S. GEOLOGICAL SURVEY Texas Water Science Center 1505 Ferguson Lane Austin, TX 78754 July 14, 2016 Enclosed are two signed originals of our standard joint -funding agreement for the project(s) Texas Water Science Center Water Resources Investigations, during the period October I, 2016 through September 30, 2017 in the amount of $157,060 cash from your agency. U.S. Geological Survey contributions for this agreement are 528,950 for a combined total of $186,010. Please sign and retum one fully -executed original to Beau Griffin at the address above. Federal law requires that we have a signed agreement before we start or continue work. Please retum the signed agreement by September 1, 2016. If, for any reason, the agreement cannot be signed and returned by the date shown above, please contact Douglas Schnoebelen by phone number (210) 691-9262 or email dschnoebelen@usgs.gov to make alternative arrangements. This is a fixed cost agreement to be billed quarterly via Down Payment Request (automated Form DI -1040). Please allow 30 -days from the end of the billing period for issuance of the bill. If you experience any problems with your invoice(s), please contact Kandis Becher at phone number (817) 263-9545 Ext 225 or email at kkbecher@usgs.gov. The results of all work performed under this agreement will be available for publication by the U.S. Geological Survey. We look forward to continuing this and future cooperative efforts in these mutually beneficial water resources studies. Sincerely, (? Timothy H. Raines Acting Director Enc.: 17CMTX029000000(2 ) Form 9-1366 (April 2015) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource investigations Agreement#: 17CMTX029000000 Customer#: 6000000486 Project #: SJ009ME TIN #: 74-6000574 USGS DUNS #: 128821266 Fixed Cost Agreement YESI X 1 NOI 1 THIS AGREEMENT is entered into as of the October 1, 2016, by the U.S. GEOLOGICAL SURVEY, Texas Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Corpus Christi party of the second part 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Water Resource investigations (per attachment), herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In -Kind -Services in the amount of 80.00 (a) 828,950 by the party of the first part during the period October 1, 2016 to September 30, 2017 (b) 8157,060 by the party of the second part during the period October 1, 2016 to September 30, 2017 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of : Description of the USGS regional/national program: (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5 The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party 7. The original records resulting from this program will be deposited in the office of ongin of those records. Upon request, copes of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps. records or reports normally will be published by the party of the first part However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request; be furnished by the party of the first part; at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI -1040). Billing documents are to be rendered quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983.). Form 9-1366 (April 2015) U.5. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations USGS Technical Point of Contact Name: Douglas Schnoebelen Supervisory Hydrologist (STPO Chief) Address: 5563 DeZavala Road Suite 290 San Antonio, TX 78249 Telephone. (210) 691-9262 Fax. (210) 691-9270 Email. dschnoebelen@usgs.gov USGS Billing Point of Contact Name: Kandis Becher Budget Analyst Address: 2775 Altamesa Blvd. Fort Worth, TX 76133 Telephone. (817) 263-9545 Ext 225 Fax: (817) 361-0459 Email kkbecher@usgs.gov U.S. Geological Survey United States Department of Interior Signature Na iso iris / Ti e: Acting DI ctor Name. Address. Telephone Fax: Email Name Address Telephone Fax Email. Agreement#: 17CMTX029000000 Customer#: 6000000486 Project #: SJ009ME TIN #: 74-6000574 USGS DUNS #: 128821266 Customer Technical Point of Contact Ronald Olson City Manager 1201 Leopard Street Corpus Christi, TX 78401 (361) 826-3220 RonO@cctexas com Customer Billing Point of Contact M P. Sudhakaran Water Resources Mgmt Advisor 2726 Holly Road Corpus Christi, TX 78415 (361) 826-3667 (361) 826-4420 mp@cctexas.com City of Corpus Christi Signatures , 2016 By Date: Name: Title: By Date: Name: Title: By Date: Name: Title: STATION NUMBER 001: SURFACE WATER City of Corpus Christi 17CMTX029000000 DESCRIPTION USGS COOP TOTAL FUNDS FUNDS FUNDS 08194000 Nueces River at Cotulla, TX Full Range Streamflow Station 08194500 Nueces River near Tilden, TX Full Range Streamflow Station 08205500 Frio River near Derby, TX Full Range Streamflow Station 08206600 Frio River at Tilden, TX Full Range Streamflow Station 08206900 Choke Canyon Reservoir nr Three Rivers, TX Reservoir Contents 08206910 Choke Canyon Res. outflow nr Three Rivers, TX Q below Base and Continous Stages 84,580.00 $10 870.00 $15,450 54,5B0.00 510.870 00 515.450 54,580.00 510,870 00 $15,450 54,580.00 S10,870.00 $15.450 52.465 00 $5 215 00 57.680 $2,850.00 $7 350.00 510,200 08210000 Nueces River near Three Rivers, TX Full Range Streamflow Station 83.00 80.00 $0 Funded by the National Stream Flow Information Program (NSIP) 08210500 Lake Corpus Christi near Mathis, TX Reservoir Contents 52,465.00 $5,215.00 57,680 08211000 Nueces River near Mathis, TX Full Range Streamflow Station SO 00 80.07 $0 Funded by the National Stream Flow Information Program (NSIP) 08211200 Nueces River above Bluntzer, TX Q below Base and Continous Stages 52,850 00 $7,35a.co 510.200 08211500 Nueces River at Calallen, TX Full Range Streamflow Station $0 00 $0.00 50 Funded by the National Stream Flow Information Program (NSIP) 08211503 Rincon Bayou Channel near Calallen, TX 0 below Base with AVM and Continuous Stage 50.00 $13,050.00 513.050 SURFACE WATER TOTAL? 528.950 581,660 5110,610 003:WATER QUALITY 08211200 Nueces Rv at Bluntzer, Tx Temp., Cond.. pH, Diss. Oxy., Turbidity Monitor (5-Parm) 08211503 Rincon Bayou Channel near Calalien, TX Temp. and Cond. Monitor (2 -Paan) 821150305 Rincon Bayou Channel near Odem, TX Temp. and Cond. Monitor (2-Parm) WATER -QUALITY TOTAL: 50 S43,000 543,000 50 543,000 543,000 50 516,200 516,200 SO 516,200 $16,200 SO 516,200 516200 50 516,200 516,200 50 575,400 575,400 PROJECT SURFACE WATER: 00170 USGS COOP TOTAL FUNDS FUNDS FUNDS 528,950 $81,660 5110,610 WATER QUALITY: 00370 $0 $75,400 575,400 TOTAL 528,950 5157,060 5186,010 USGS Contributions USGS Cooperative Water Program Funding National Stream Information Program Contribution (3 gages) 528,950 $46,350 Total USGS Contribution $75,300 Form 9-1366 (April 2015) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations Agreement#:17CMTX029000000 Customer#: 6000000486 Project #: SJ009ME TIN #: 74-6000574 USGS DUNS #: 128821266 Fixed Cost Agreement YESI X } NOI 1 THIS AGREEMENT is entered into as of the October 1, 2016 by the U.S. GEOLOGICAL SURVEY, Texas Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Corpus Christi party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Water Resource Investigations (per attachment), herein called the program. The USGS legal authority is 43 USC 36C. 43 USC 50. and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In-Kind-Sery ces in the amount of $0.00 (a) $28,950 by the party of the first part during the per od October 1, 2016 to September 30. 2017 (b) $157,060 by the party of the second part during the period October 1, 2016 to September 30. 2017 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of : Description of the USGS regional/national program: (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request; be fumished by the party of the first part; at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps records or reports published by either party shall contain a statement of the cooperative relations between the parties 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI -1040). Billing documents are to be rendered quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983.). Form 9-1366 (April 2015) Name. Address: Telephone: Fax: Email: U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations USGS Technical Point of Contact Douglas Schnoebelen Supervisory Hydrologist (STPO Chief) 5563 DeZavala Road Suite 290 San Antonio, TX 78249 (210) 691-9262 (210)691-9270 dschnoebelen@usgs.gov USGS Billing Point of Contact Name: Kandis Becher Budget Analyst Address 2775 Altamesa Blvd. Fort Worth. TX 76133 Telephone. (817) 263-9545 Ext 225 Fax: (817) 361-0459 Email kkbecher@usgs goy B Na T U.S. Geological Survey United States Department of Interior Signature mothy - a e e: Acting DI ctor Name Address Telephone Fax: Email. Name. Address Telephone. Fax: Email Agreement#: 17CMTX029000000 Customer#: 6000000486 Project #: SJ009ME TIN #: 74-6000574 USGS DUNS #: 128821266 Customer Technical Point of Contact Ronald Olson City Manager 1201 Leopard Street Corpus Christi, TX 78401 (361) 826-3220 RonO@cctexas.com Customer Billing Point of Contact M. P. Sudhakaran Water Resources Mgmt Advisor 2726 Holly Road Corpus Christi, TX 78415 (361) 826-3667 (361) 826-4420 mp@cctexas.com City of Corpus Christ) Signatures 016 By Date: Name: Title: By Date: Name: Title: By Date: Name: Title: STATION NUMBER 001: SURFACE WATER City of Corpus Christi 17CMTX029000000 DESCRIPTION USGS COOP TOTAL. FUNDS FUNDS FUNDS 08194000 Nueces River at Cotulla, TX Full Range Streamflow Station 08194500 Nueces River near Tilden, TX Full Range Streamflow Station 08205500 Frio River near Derby, TX Full Range Streamflow Station 08206600 Frio River at Tilden, TX Full Range Streamflow Station 08206900 Choke Canyon Reservoir nr Three Rivers, TX Reservoir Contents 08206910 Choke Canyon Res. outflow nr Three Rivers, TX 0 below Base and Continous Stages 54,580.00 510,870.00 515,450 54.580.00 510,870.00 515.450 54,580.00 510,870 00 $15,450 $4,584.00 510 870 00 515,450 52,465.00 55,215.00 57,680 52,850.57 57,350.00 510,200 08210000 Nueces River near Three Rivers. TX Full Range Streamflow Station $O.CC 50.00 $0 Funded by the National Stream Flow information Program (NSIP) 08210500 Lake Corpus Christi near Mathis, TX Reservoir Contents $2,465.00 $5,215.00 $7,680 08211000 Nueces River near Mathis, TX Full Range Streamflow Station so 04 $D DO 50 Funded by the National Stream Flow Information Program INSIP) 08211200 Nueces River above Bluntzer, TX 0 below Base and Continous Stages 52,850.00 57,350.00 510,200 08211500 Nueces River at Calatlen, TX Full Range Streamflow Station $0 00 50,00 50 Funded by the National Stream Flow Information Program (NSIP) 08211503 Rincon Bayou Channel near Calallen, TX Q below Base with AVM and Continuous Stage 50.00 513,050.33 513,050 SURFACE WATER TOTAL: 528,950 581.667 5110,610 003:WATER QUALITY 08211200 Nueces Rv at Bluntzer, Tx Temp., Cond . pH. Diss. Oxy., Turbidity Monitor (5 -Pam,) 08211503 Rincon Bayou Channel near Calallen, TX Temp. and Cond Monitor (2-Parm) 821150305 Rincon Bayou Channel near Odem. TX Temp. and Cond. Monitor (2-Parm) WATER -QUALITY TOTAL: 50 543,000 $43,000 50 543,000 543,000 50 516,200 516,200 50 516,200 516,200 50 516,200 516,200 50 516,200 516,200 50 575,400 575,400 PROJECT SURFACE WATER: 00170 USGS COOP TOTAL FUNDS FUNDS FUNDS 528,950 581,560 5110,610 WATER QUALITY: 00370 50 $75,400 575,400 TOTAL 528,950 $157,060 5186,010 USGS Contributions USGS Cooperative Water Program Funding National Stream Information Program Contribution (3 gages) $28.950 $46,350 Total USGS Contribution 575,300 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 30, 2016 Action Item for the City Council Meeting of September 13, 2016 DATE: August 10, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck Assistant City Manager MarkVV@cctexas.com (361) 826-3897 FROM: Dan Grimsbo, P.E. Interim Director of Water Utilities DanG@cctexas.com (361) 826-1718 Construction and donation of new Water Line by Port of Corpus Christi Authority in Joe Fulton International Trade Corridor CAPTION: Resolution authorizing the City Manager, or designee, to enter into an agreement with the Port of Corpus Christi Authority (POCCA) for the POCAA to design, construct and donate at no cost to the City a new 16 -inch water main of approximately 14,250 linear feet to be used by the City to extend potable water service in an expanded area of the Joe Fulton International Trade Corridor. PURPOSE: This agreement will provide for the POCCA to design, construct and donate new water main of approximately 14,250 linear feet to be used by the City to provide potable water service in an area adjacent to the new water main between Nueces Bay and the Viola and Tule Lake Channels. BACKGROUND AND FINDINGS: The City currently owns and operates a 16 -inch water main that transitions to a 24 -inch water main and provides potable water service to an area along the Joe Fulton International Trade Corridor, which service terminates in the general vicinity of the Authority's Bulk Terminal entrance on the Joe Fulton International Trade Corridor on the north side of the Corpus Christi Ship Channel POCCA owns and is developing property along the Joe Fulton International Trade Corridor west of the Existing Water Main and has requested that the City provide potable water service along the Joe Fulton International Trade Corridor extending from at or near the current point of termination to a point a sufficient distance to the west to provide service for the properties referenced above in addition to other current or future enterprises or entities along the proposed water service extension. Upon completion and acceptance of the new water main, this facility will be donated to the City free of cost or charge to the City by the Authority. Further, the POCCA will grant to the City an easement on Authority lands for the new water main. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Water Utilities Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ENTER INTO AN AGREEMENT WITH THE PORT OF CORPUS CHRISTI AUTHORITY (POCCA) FOR THE POCAA TO DESIGN, CONSTRUCT AND DONATE AT NO COST TO THE CITY A NEW 16 -INCH WATER MAIN OF APPROXIMATELY 14,250 LINEAR FEET TO BE USED BY THE CITY TO EXTEND POTABLE WATER SERVICE IN AN EXPANDED AREA OF THE JOE FULTON INTERNATIONAL TRADE CORRIDOR. Now, therefore, be it resolved by the City of Corpus Christi, Texas: Section 1. That the City Manager or designee is authorized to execute an agreement with Port of Corpus Christi Authority (POCCA) for the POCCA to design, construct, and donate at no cost to the City a new 16 -inch water main of approximately 14,250 linear feet to be used by the City to extend potable water service in an expanded area of the Joe Fulton International Trade Corridor. A copy of the agreement is on file in the office of the City Secretary. 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 Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGREEMENT BETWEEN THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS AND THE CITY OF CORPUS CHRISTI REGARDING CONSTRUCTION AND DONATION OF A NEW WATER SERVICE MAIN TO BE USED FOR PROVISION OF POTABLE WATER THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL MEN BY THESE PRESENTS THAT: This Agreement regarding Construction and Donation of a New Water Service Main (the "Agreement") is made and entered into and effective as of the of , 2016 (the "Effective Date) by and between the Port of Corpus Christi Authority of Nueces County, Texas, a navigation district operating under Article XVI, Section 59 of the Texas Constitution ("Authority"), whose mailing address is 222 Power Street, Corpus Christi, Texas 78403, and the City of Corpus Christi, Texas, a municipal corporation and home rule city of the State of Texas ("City"), whose mailing address is P.O. Box 9277, Corpus Christi, Texas 78469. Authority and City are sometimes referred to in this Agreement as "Parties" and individually as a "Party". WHEREAS, the City currently owns and operates a 16 -inch water main that transitions to a 24 -inch water main ("Existing Water Main") and provides potable water service to an area along the Joe Fulton International Trade Corridor, which service terminates in the general vicinity of the Authority's Bulk Terminal entrance on the Joe Fulton International Trade Corridor on the north side of the Corpus Christi Ship Channel, and WHEREAS, the Authority owns and is developing property located in Nueces County along the Joe Fulton International Trade Corridor west of the Existing Water Main; and, WHEREAS, M&G Resigns USA, LLC, a Delaware limited liability company ("M&G"), whose mailing address is 27610 Huntington Road, Apple Grove, West Virginia, 25502, is developing property along the Joe Fulton International Trade Corridor west of the Existing Water Main; and, WHEREAS, CCI Corpus Christi LLC, a Texas limited liability company ("CCP'), whose mailing address is 811 Main Street, Suite 3500, Houston Texas 77002, intends to develop property along the Joe Fulton Corridor west of the Existing Water Main; and, WHEREAS, the City owned and operated water system terminates east of the properties being developed as referenced above; and, WHEREAS, the Authority, M&G, and CCI will benefit from potable water service; and, IVL-?99049 City 0! Corpus Christi 1 WHEREAS, the Authority has requested that the City provide water service along the Joe Fulton International Trade Corridor extending from at or near the current point of termination to a point a sufficient distance to the west to provide service for the properties referenced above in addition to other current or future enterprises or entities along the proposed water service extension; and, Agreements: NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein, this Agreement is entered into by and between the City and Authority and based on the consideration, undertakings and agreements, the receipt and sufficiency of which is hereby acknowledged, the parties agree, covenant and contract as follows: 1. Authority agrees to design and construct a new water main pipeline ("New Water Main") from at or near the terminus of the Existing Water Main generally to a point on Authority's property, ("End Point"), which is in the vicinity of M&G's property and the Authority's Oil Dock 14 site on the north side of the Viola Channel, a length of approximately 14,256 linear feet. The beginning point, End Point, and proposed alignment of the New Water Main are shown on Exhibit A attached hereto and incorporated herein by reference. Authority further agrees to provide design, construction, and any required permitting and land acquisition for the New Water Main at no cost to the City. 2. The New Water Main will provide potable water service in an area adjacent to the New Water Main between Nueces Bay and the Viola and Tule Lake Channels ("Service Area"). The Service Area is depicted on the attached Exhibit B and the initial anticipated developments, including M&G, CCI, the Authority's Oil Dock 14, and other Authority customers are depicted on Exhibit B. which is incorporated herein by reference. 3. The Authority will construct the New Water Main to meet the minimum standards of the Authority and the City current and effective at the time of construction. The New Water Main will be constructed of 12 -inch and 16 -inch nominal diameter PVC pipe conforming to the American Water Works Association (AWWA) C900 and AWWA C905 specifications and will be buried at least 36 -inches below ground, except where the pipeline crosses existing drainage features, in which case the New Water Main may be constructed above ground. 4. The City will be provided access to the New Water Main during construction to conduct inspection, as deemed appropriate by the City to confirm that the construction is in accordance with applicable City Codes and requirements. 5. The New Water Main will be designed and constructed with such pipeline accessories (tees, flanges, valves, etc.) such that service lines for currently identified customers may be connected to the New Water Main, and so that New Water Main can be extended beyond the End Point at some time in the future. rvL-299049 City of Corpus Christi 2 6. Upon completion and acceptance of the New Water Main, this facility will be donated to the City free of cost or charge to the City by the Authority. Further, the Authority will grant to the City an easement on Authority lands for the New Water Main as defined, and under the terms and conditions stated herein. 7. The City agrees to utilize the New Water Main to fitmish potable water to the Authority, M&G, CCI and other future Authority tenants or customers within the New Water Main Service Area in accordance with the City's standard practices, terms and conditions for such service. 8. The City agrees to maintain all water service facilities it owns, including the improvements constructed pursuant to this Agreement, or which come under its dominion under this Agreement, with reasonable and normal care to the extent that such maintenance is necessary or desirable to provide potable water service under the terms and conditions defined herein. The term "maintain" is intended to include required replacement subject to availability of funding budgeted for such purpose. 9. City shall furnish the Authority upon completion of any modification to New Water Main, an As -Built drawing of the location of the improvements and any modification in compliance with the Texas Public Information Act 10. The City may establish, impose and collect charges for the water service it provides within the New Water Main Service Area under this Agreement. City may separately meter water provided to third parties whose facilities are situated within the New Water Main Service Area. Any services from the New Water Main shall be subject to water connection charges in accordance with established City charges for such service and connection. 11 The City agrees to use its best efforts to monitor, operate and maintain the New Water Main to achieve 1.5 milligram per liter total chlorine residual at the End Point under normal operating conditions. The Authority agrees to install an automated flushing system near the End Point as part of construction of the New Water Main. The City will maintain the New Water Main in accordance with the City's "Dead End Main Flushing Program" as described in attached and incorporated Exhibit C, hereinafter referred to as "the Flushing Program". However, if City determines through normal operation and maintenance of the New Water Main that the volume of water flushing required to meet the Flushing Program is excessive, the City and Authority agree to develop a mutually agreeable New Water Main flushing protocol where in such case the Authority shall contribute and compensate the City for the required flushing of the New Water Main regardless of the amount of water flushed, but at a cost not to exceed $1,500 in any one month for the flushing occurring within such month. 12. The Parties hereto acknowledge and agree that the water supply for the City is dependent upon natural resources from which the supply is variable in quantity and beyond the control of the City. No liability shall attach to the City under this Agreement by virtue of 1FL-?99049 City of Corpus Christi 3 any failure to accurately anticipate the availability of the water supply or because of an actual failure of the water supply. 13. The Parties hereto acknowledge and agree that the City may, in order to comply with water conservation and preservation, and to enable providing an adequate supply of potable water in times of shortage, limit the delivery and restrict the use of potable water under this Agreement. The extent to which limitation of water delivery may be necessary to enable the City to provide potable water adequately for residential customers is a fact to be determined by the City in its sole discretion as occasion may require and shall be done in accordance with the City of Corpus Christi Drought Contingency Plan. 14. The New Water Main and associated water service may be extended ("Extension of New Water Main") in the future upon mutual written agreement of the City and the Authority. 15. This Agreement shall remain in force until terminated by mutual agreement, or as otherwise stated herein. This Agreement will automatically terminate concurrent with the termination of the right -of way and easement, as granted herein, and in accordance with the terms of said right-of-way and easement. 16. The City's obligations under this Agreement and continuation of this Agreement beyond the current City fiscal year are subject to availability of funding through the City's annual budget process. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. Easement: NOW THEREFORE the Authority hereunto duly authorized for and in valuable consideration, including the installation of the facilities herein described and the covenants and conditions herein made and provided to be kept and performed by City, has GRANTED AND CONVEYED and by these presents does GRANT AND CONVEY to the City, a right-of- way and easement on and through the Authority's land located in Nueces County, Texas, for the operation, maintenance, repair, replacement and removal of the New Water Main. This right-of-way and easement is granted subject to the following: 1. The easement hereby granted is described on Exhibit D and depicted on Exhibit E, each of which is attached hereto and shall be provided to the City by the Authority upon completion of construction of the New Water Main and then incorporated herein by reference for all purposes ("Pipeline Easement"). 2. After initial construction is complete the width of the Pipeline Easement shall be limited to the width of the New Water Main as installed. 3. During any subsequent maintenance, repair, replacement or removal of the New Water Main, City shall be entitled to utilize additional temporary work space (if available) IVL•299049 Ciro of Corpus Christi 4 alongside the Pipeline Easement as reasonably necessary to efficiently carry out such activities. TO HAVE AND TO HOLD unto City, its successors and assigns, the rights and privileges hereby conveyed for so long as the easement granted is used for the New Water Main, and upon the following covenants and conditions which are a part of the consideration for this grant, which covenants and conditions are and shall be construed as covenants running with the land, and which covenants and conditions by its acceptance hereof City covenants and agrees to keep and perform. A. The rights of ingress and egress hereinabove referred to in City shall be confined to the above-described easement and City shall not have the right to cross Authority's adjacent land, store materials or equipment thereon or to conduct any of its operations thereon, unless the prior consent of the Authority is obtained in writing, which consent will not be unreasonably withheld. Except in the case of an emergency, City agrees to notify the Authority not less than seventy-two (72) hours prior to its employees, agents or contractors entering upon the easement for construction, maintenance, repairs, replacement, removal or other operations. B. City's use of the easement herein granted and its operations in relation to it shall at all times comply with all applicable laws, statutes, rules and regulations of federal, state and local government. C. City shall be responsible for coordination of its construction and use in the easement with any other existing users and easement holders in or near the City's easement. City shall promptly restore any portion of the right-of-way damaged by City. All restoration work shall be appropriately tested at City's expense. D. The easement herein granted shall be subject to any and all easements heretofore granted by Authority to other parties whether of record in Nueces County or not. The Authority reserves the right to grant easements upon, over, under and across the property embraced by the easement herein granted and to use or grant rights of use, leases and easements above, below and on the surface of such property. E. The rights herein granted may not be assigned without the prior written consent of the Authority, which consent will not be unreasonably withheld. This easement shall be deemed a covenant running with the land and shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. F. This easement and all rights to use and occupy the easement shall terminate if City shall at any time abandon or cease the use of the same for the purposes herein granted for a continuous period of two (2) years; and such termination will occur upon the expiration of the said two (2) year period. This easement and all of City's interest hereunder, at the option of Authority, shall forthwith terminate upon breach by City of any of the conditions hereof and the failure of City to remedy the same within ninety (90) days after written notice from the Authority so to do. City agrees it will within ninety (90) days after the WL -?99049 City of Corpus Christi 5 termination of this easement remove the New Water Main existing in the easement and restore Authority's lands to the condition in which same existed prior to the existence of the pipeline. In the event City fails to remove the New Water Main, the Authority may either declare the termination of City's interest in the New Water Main and all of City's interest therein shall thereupon terminate, or the Authority may cause the New Water Main or any part thereof, to be removed and disposed of, and the lands of the Authority restored, all at the cost of City. G. The execution of this easement shall be conclusive of the Agreement of City to all of the terms and conditions hereof, whereupon this easement and all of its provisions shall extend to and be binding upon the legal representatives, successors and assigns of City and Authority, respectively. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by duly authorized offices as of the dates provided below each signature, to be effective, however, for all purposed, as of the Effective Date. R'L-?99049 City of Corpus Christi (Signatures are on the next page) G WITNESS this day of 2016. 8',.299049 City of Corpus Christi PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS By: John P. LaRue Executive Director "Authority" CITY OF CORPUS CHRISTI By: Name: Title: "City" (Acknowledgements are on the next page) 7 STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on the day of 2016, by JOHN P. LaRUE, Executive Director of Port of Corpus Christi Authority of Nueces County, Texas, on behalf of the Port. STATE OF TEXAS COUNTY OF NUECES NOTARY PUBLIC, STATE OF TEXAS My commission expires: This instrument was acknowledged before me on the day of , 2016, by of the City of Corpus Christi, a Texas Home Rule municipal corporation, on behalf of said City. NOTARY PUBLIC, STATE OF TEXAS My commission expires: 111 ,299049 City of Corpus Christi EXHIBIT A Proposed Alignment of New Water Main Proposed New Water Main Beginning Point iJ Public Oil Dock 14 (under construction) 1 d it Legend: Proposed Alignment of New Water Main Existing Water Line EXHIBIT B Service Area of New Water Main to NOW wig .Future Pu E Oil. Doc Proposed New Water Main Beginning Point Legend: Proposed Alignment of New Water Main Existing Water Line Service Area of New Water Main (approximate) Flusher's Manual Table of Contents Background 3 Equipment List 4 S.O.P.S 5 Field Procedures 5 Procedures Flushing Dead -End -Mains (DEMs) & Cul -De -Sacs (CDSs) 5 Pre -Filled Dead End Main Flushing Program Sheets 7 Procedures for Responding to Dirty Water Calls. 8 Dirty Water Field Form 9 HR Policy 40.0: Operation of City and Personal Vehicles, Driving Rules and Regulations 10 Equipment 18 Procedures for Testing Total Chlorine Residual 18 Measuring Hints 18 Instrument Check 18 Low Range (samples between 0.02 mg/L to 2.0 mg/L) 18 High Range (samples that exceed 2.0 mg/L by 10%) 19 Water Quality Instrument Check Form 21 Operation & Use of Oakton Instruments pH Tester 30 pH Meter 22 Programming Autoflushers 24 Background The "Unidirectional Flushing Program" began in 2008 in the City of Corpus Christi. The process of flushing fire hydrants is an important preventive maintenance activity. Although it may appear to waste water, this process is part of a routine maintenance program necessary to maintain the integrity of the water system and to continue to deliver the highest quality water possible to our customers. Flushing is a process by which water is moved through a water pipe at a high velocity so that a scouring action is created. Water is then discharged through a fire hydrant which in turn removes any material build-up from the pipe. The material removed from the process is harmless and requires no special treatment. Flushing is generally done around areas known as DEMs (dead -end -mains) and CDSs (cul-de-sacs). This is because the water that goes into these mains has no exit point and can contribute to water quality issues. Periodic flushing of water pipes removes mineral deposits that may build up in underground pipes. Buildup can contribute to corrosion and water color problems if we do not facilitate the removal of excess water. Flushing can help in many different ways other than the removal of sediments from mainline pipes, flushing can also verify the proper operation of fire hydrants and valves, help find weaknesses in the water system, check for closed valves and weak flows in the water mains, and also verify ample flow for fire fighting purposes. Should customers notice a reddish, yellow or brown tint in the water, please recommended that they not use the water or do laundry for about two hours. After that point they can run their faucets for a few minutes to make sure the water is clear at which time they can resume normal water use. Explain to them that if the water does not clear within 1 hour, they can notify the City Call Center at (361) 826-2489. Equipment List Testing Supplies Safety Supplies • Water Bottle • Hard Hat • 250 mL Beaker • Rubber Boots • 20 mL Graduated Cylinder • Hydrant Wrench • Tray • Vest • Scissors • Gloves • Pocket Colorimeter • Safety Glasses • Colorimeter Standards • City Phone • Car Charger • Safety Cones • Bug Spray • Sunscreen Paperwork • Blue Tags • Prefills • Dirty Water Call Form • Pens • Map Book (Zone Book or Zone Book Pages) • Flusher Manual 4 S.O.P.S Field Procedures Procedures Flushing Dead -End -Mains (DEMs) & Cul -De -Sacs (CDSs) SOP#: WQ-001.02 Date: November 2, 2008 Author: Don Hollingshead 1. At the beginning of the day, obtain "Grids" and "Pre -fill" (See Page 7) sheets from the coordinator. 2. Go to location indicated in the "Pre -fill" sheets. 3. Safely park work vehicle away from incoming traffic (See HR Policy 40.0: Operation of City and Personal Vehicles, Driving Rules and Regulations). 4. Make sure to have all applicable personal safety cones to create a safe work area away from incoming traffic. 5. Place safety cones to create a safe work area away from incoming traffic. 6. Proceed to hydrant with valve wrench, remove 2" hydrant cap. Connect one end of the diffuser hose to the open hydrant and the other end to the bumper mounted diffuser on your city truck. Open the hydrant valve slowly (NOTE: It is important to open valve slowly to avoid water hammers). 7. Record "start" time on pre -filled sheet. 8. Flush hydrant to clear stagnant/dirty water collected inside the barrel. If this takes more than 30 minutes, call the flushing coordinator for further instructions. 9. Collect water sample for `'Start" Total chlorine test. as per Total Chlorine Testing SOP. 10. Measure total chlorine residual using the pocket colorimeter and record the sample collection time and total chlorine residual results in DEM pre -filled sheet. 11. If the starting total chlorine residual is greater than 1.5 mg/L, slowly close the hydrant valve and record the "Finished" time on the pre -filled sheet. Do not collect and measure second total chlorine residual. 5 - If the starting chlorine residual is less than 1.5 mg/L, continue flushing and measuring the total chlorine residual until a value of 1.5 mg/L or greater is achieved. Be sure to record all additional sample collection times and total chlorine residual results in the pre -tilled sheet. If after flushing for 30 minutes, the chlorine residual is still less than 1.5 mg/L, call the flushing coordinator for further instructions. 12. After the chlorine test is completed, close valve slowly to avoid a water hammer. Remove the diffuser hose from the truck and hydrant and stow the hose in the city truck. Replace the hydrant cap. 13. Pack up equipment and proceed to next flushing site. Always flush using a diffuser to avoid property damage. 6 Pre -Filled Dead End Main Flushing Program Sheets tot ce -4 v -1 = y U. -4 .~... x C x x I o f rn 11 .i r F. .01%41%1141i 1 aarJ(1 y ti 130-6fJL55-NO • r 7 11111 ncr I rl�au 0 1 0 0 21 Cn C 7 Procedures for Responding to Dirty Water Calls. SOP#: WQ-002.01 Date: November 2, 2008 Author: Don Hollingshead Once you have been contacted by dispatch for flushing of a dirty water complaint, do the following: 1. Contact the customer if possible and do the following: a. Introduce yourself b. Let them know you are there responding to a Dirty Water call. c. Provide the customer with the work order number. 2. Go to location and locate the nearest fire hydrant for flushing. Note: if customer is not available, leave a blue tag with the WO number and the call back number of Water Quality department at 361-826-1847. 3. Flush the closest hydrant as per WQ-001.01: Procedures for Flushing DEMs and CDSs. 4. Contact the customer and let them know that work has been performed and completed. Advise the customer to flush inside the house to get rid of the remaining dirty water from the service line. 5. Complete "Dirty Water Field Form" (see page 9). 6. Call back dispatch (826-1818) and let them know to change the status of the work order to work complete. 8 Dirty Water Field Form 9 Work Order Number V L Total Time Required for Flushing En Q. 2 5 E. is E. b Ncio N ID A Yr . A /yam• "i 44 Comments 9 HR Policy 40.0: Operation of City and Personal Vehicles, Driving Rules and Regulations City of Corpus Christi City Policies SUBJECT: OPERATION OF CITY & PERSONAL VEHICLES HR 40.0 DRIVING RULES & REGULATIONS EFFECTIVE. 09196 REVISED: 10/01103 REVISED: 08//8105 REVISED: 07111!08 REVISED: 01117108 APPROVED: ! /) !/—... DATE. G r e K. Noe, City Manager I. PURPOSE The purpose of this policy is to outline the rules and regulations for the operation of a City -owned vehicle or personal vehicle in the course and scope of employment. Included in the policy are specific instructions for a variety of scenarios a City employee my encounter while driving a City vehicle or a personal vehicle on City business. These rules and regulations are designed to prevent employee injuries, vehicles accidents, and damage to city property. II. SCOPE This policy applied to all City employees, including part time employees, temporary employees paid by the City, and volunteers. The policy also applies to uniformed police and fire employees. III. DEFINITIONS Incident: a situation where by a City vehicle or personal vehicle on City business is involved in a breakdown, accident, vandalism or other act that involves the loss of City property or property damage. IV. POLICY It is the policy of the City that no employee will voluntarily, or be directed to, operate a vehicle for which he/she does not have both the appropriate Texas Driver's License classification and City Driver's Authorization Card. 1.0 Failure to follow the rules and regulations established in this policy may result in the loss of driving privileges and/or termination. (See Rules and Regultions of the Civil Service Board -- Article IV.) V. PROCEDURES In order to operate a City or personal vehicle of any type, an individual must have completed the following: a. Employees with an occupational driving license have the following restrictions: 1. The license must specifically allow the employee to drive during business hours in order for that employee to drive on the job; 2. If the person has lost their license due to a DWI, and obtained an occupation license, they cannot drive on the job; b. Have in his or her possession a current Texas driver's license. c. Obtain a City Driver's Authorization Card through the Risk Management Division. d. Register for and complete the Defensive Driving course offered by the City staff within 60 working days of being hired, and every three years there after. Attendance records for the Defensive Driving course are maintained by the Human Resources Dept. e. Read and understand City driving rules and insurance requirements and procedures. f. Train as needed in maintenance and use of vehicle(s) especially with heavy equipment and off -the -road types. A. Accident and Breakdown Procedures for City and Personal Vehicles If a City employee in the course and scope of their employment is involved in an accident, regardless of the severity or location, the Police Department will be called to the scene to make a report. The Risk Management Division and the employee's department head shall also be contacted. Should the accident occur outside the city limits the local law enforcement agency, the Corpus Christi Police Department, the Risk Management Division, and the employee's department head shall all be contacted. Refer to section IX of Policy HR 15.0 for post accident drug testing requirements. 11 If the employee is driving his/her personal vehicle he, she shall give all necessary driver's license information, City Driver's Authorization Card, and insurance information to the other party involved. Drivers of City owned vehicles, however, will give their driver's license information and City Driver's Authorization Card to the other party and explain that the City of Corpus Christi is self-insured and that all communications regarding losses, injuries, etc, are to be directed to the Risk Management Division of the City of Corpus Christi, 1201 Leopard, 826-3679. If a City vehicle is disabled as the result of an accident, or if a vehicle breaks down at any time, the mechanical repair division of the Maintenance Services Department will be notified. The number to call from 6:00 a.m. to 7:00 p.m. is 857-1919. At any other time the investigating officer should be asked to call a rotation wrecker and have the vehicle towed to the Maintenance Service yard. When an incident occurs involving a City vehicle or use of a personal vehicle in pursuit of City business, whether it is a breakdown, accident, vandalism or other incident, notify the office of Risk Management or Director of General Services. They will advise you of the proper action to be taken. B. Driving Rules and Regulations Before the initial use of any vehicle each day, the driver will walk around and inspect the vehicle for damage, inoperable lights, loose hardware, tire condition or any other condition which might create an unsafe condition. Mileage and service dates shall be reviewed to determine if the vehicle is due for preventative maintenance. Any deficiency encountered in City vehicles will be reported to a supervisor immediately. It is the supervisor's responsibility to ensure that corrective action is taken. All employees driving in the course and scope of their employment will comply with all applicable laws of the State of Texas as well as the following regulations of the City of Corpus Christi. C. Parking 1. City vehicles are prohibited from "NO PARKING" zones except in emergency situations. No City vehicle of any type shall be left unattended with the key left in the ignition. (Emergency vehicles are excluded). 3. When leaving your vehicle set the parking brake. For security reasons, lock the door. 17 4. Employees who occupy a metered parking space will pay the meter for the duration of the stay. 5. Employees are ultimately responsible for the vehicles issued to them. 6. Drivers of all City owned vehicles will be required to place a traffic cone at either the front and/or rear of the vehicle in all parking situations in the course and scope of work. If the City vehicle is driven into a parking spot, the cone shall be placed within 12 inches of the rear bumper. City vehicles parked in parallel parking spots may place traffic cone at either the front or rear of the vehicle. a) Parking situations are defined as, but not limited to, work sites, break/lunch stops, and all parking lots. b) The purchase of traffic cones will be the responsibility of the departments. 28" tall, double stripe traffic cones are an inventory stock item at the City warehouse and can be procured with a warehouse requisition form. All Motor Pool vehicles must have a traffic cone in each of the vehicles. It will be the responsibility of the City employee assigned to the vehicle to place the traffic cone in the appropriate location. c) Exceptions to the requirements of section V C6 include, but are not limited to: City vehicles that are stopped while the engine remains on and the driver stays in the vehicle, vehicles that are parked at the final destination of the work day, City vehicles that are backed into a parking spot, privately owned vehicles on City business, unmarked City vehicles, City vehicles parked inside work zone traffic control barriers, Animal Care officers in pursuit of stray animals, and public safety vehicles that are equipped with emergency lights. d) The purpose of section V C6 is to implement a proactive program aimed at eliminating backing accidents. Exemptions to the requirements of this section are available with a Risk Management approved, department specific program aimed at eliminating backing accidents. Those departments without any such program shall be required to follow the aforementioned guidelines. D. Equipment 1. Seat belts will be worn at all times. 2. Windshields will be in place while the vehicle is in motion. 13 3. Doors will not be removed from any vehicle nor will they be tied open. 4. Tum signals will be in working order and utilized by drivers in ample time to warn oncoming or following vehicles of their intent. 5. Vehicles in motion, day or night, will use headlights, not just parking lights, when visibility is limited. 6. Drivers will ensure that windows, headlights, taillights, and wipers are clean and in operating order at all times. 7. Tailgates will be up and locked when vehicles are in motion. If a vehicle's function requires that the tailgate remain open, a red flag will be attached to the outward comers of the gate. 8. In all cases, including the loading of trucks, compliance with State law and the condition of the vehicles is solely the driver's responsibility during operation of the vehicle. 9. If a vehicle does not have a tailgate but is loaded, the driver of the vehicle will ensure that the load is secure and that overhangs are properly marked in accordance with State law. 10. Drivers hauling loose materials (dirt, rock, etc.) will take appropriate action in order to prevent falling debris. Tarps or tie -downs will be used at all times when hauling debris. 11. A card indicating the City's status as a self insured municipality shall be present in all City -owned vehicles to verify State law requirements for financial responsibility. For additional copies contact Risk Management at 826-3679. E. Special Equipment 1. Special equipment such as hi -lifts, high rangers, graders, mowers, cranes, or any unit which has a special device added for specific kinds of work, may require formal training and instruction prior to use by a driver. This special training will be provided by the department and include the following: a. Explanation and demonstration of all control devices. b. Explanation and demonstration of all safety equipment. c. Maintenance items such as fuel, water, oil or other minimum operating needs of the unit. 14 d. Demonstration of operation of the unit or special equipment. e. Instruction in driving to and from or on and off trailers, parking procedures, and method of shut down and securing. f. A report of this training will be maintained in the employee's department. Passengers will ride only in seats designated for passengers. 3. When backing, operators of special equipment will look around and if available, have another person guiding them. 4. Heavy construction equipment will travel at less than 25 mph — without exception. This equipment will use the right hand lane except when a left tum is required. Headlights will be on at all times the vehicle is in motion. A chase vehicle using its emergency lights will also accompany this equipment, if one is available. F. General When the driver does not have a clear view of the entire area behind the vehicle, backing of large vehicles such as crew trucks, dump trucks, flatbed trucks, etc. will be done with the assistance of a guide, if available. If a second person is in the vehicle, he/she will get out and guide the vehicle using appropriate hand and voice signals. 1. Riding on the sides (except refuse:recycling vehicles), toolboxes, tailgates, roofs of any truck or vehicle, standing in the back of any truck, or riding in the bed of pickup trucks is prohibited. Drivers will have in their possession at all times their valid Texas State driver's license and City Driver's Authorization Card. Suspension or loss of driving privileges could result in disciplinary action up to and including termination. This applies to both State licenses and City authorization cards. 3. All employees who drive in the course and scope of their employment are required to report within one working day a suspension or revocation of his/her license, or a driving while intoxicated conviction or probation regardless of whether the violation was committed on or off the job, to his/her supervisor who will in turn immediately advise the Risk Management Division of this fact. Failure of an employee to report a change in license status, or driving while intoxicated conviction or 15 probation within one working day shall result in disciplinary action up to and including termination. 4. Posted speed limits must be obeyed. 5. Drivers will direct their attention to driving safely. Necessary inspections of streets, trees, signs, etc, while driving will be done with care. This also applies to the use of mobile phones and radio communication systems. 6. During periods of limited visibility or any time windshield wipers are in use, the headlights will be on. 7. It is recommended for supervisors, at least once a year, to ride with all the drivers for review of their driving ability. Also, periodic training exercises should be conducted for special driving skills. 8. Driving while intoxicated, or consumption of or driving under the influence of alcoholic beverages or narcotics, while operating a City vehicle in the course and scope of employment is prohibited as stated in the City of Corpus Christi's Civil Service Board Rules and Regulations. and city policies regarding alcohol & drug abuse. 9. Trailers will be fastened securely to hitches. Safety pins and pintle locks will be used. Safety chains will be crossed under the hitch and securely fastened before moving the vehicle. 10. All items transported either in a truck or trailer, which may move around during transport, will be secured. 11 No more than three (3) persons will ride in the front seat of any vehicle. Where only two single seats exist, there should be only one rider per seat. 12. City vehicles are to be used for official business only. Transportation of private citizens, unless as a part of an official or authorized function, is prohibited. 13. Commercial -sized vehicles (larger than pickups) should not be driven in the extreme left lane of the expressways except when passing or when traffic hazards require it. (Emergency vehicles are excluded). 14. With the exception of specific cases which require their use, headsets (I - Pods, MP3 players, etc.) can be hazardous because of the wearer's inability to hear verbal orders, warnings, emergency vehicles, railroad engine horns, or even normal traffic sounds. Consequently, all City employees, unless specifically ordered to do so, will not wear any radio 16 headset or like device during working hours. This rule is for your safety and will be strictly enforced. G. Decisions Regarding Personnel The department shall contact the Human Resources Department for assistance in making decisions from a personnel standpoint when they have an employee who cannot drive, (i.e. promotions, provisions, etc.) VI. POLICY UPDATES This policy shall be reviewed on an annual basis and any revisions to the policy shall be approved by the City Manager and the Safety & Risk Manager. VII. CONSEQUENCES FOR VIOLATION OF THIS POLICY Failure to comply with this policy will result in disciplinary action up to and including termination. VIII. QUESTIONS REGARDING THIS POLICY Questions regarding this Policy shall be directed to the Safety & Risk Manager, or designee, who may be contacted at 361:826-3679. 17 Equipment Procedures for Testing Total Chlorine Residual SOP#: WQ-003.01 Date: November 2, 2008 Author: Don Hollingshead Measuring Hints 1. Analyze sample immediately. 2. Do not use plastic containers to collect samples. 3. For best results, dedicate a set of cells to total chlorine tests. Instrument Check 1. Place colorless spec. blank in cell weld with alignment mark facing key pad. 2. Tightly cover cell with instrument cap. 3. Press zero key (displays 0.00), then remove. 4. Place standard 1 cell into weld, cover with twist cap. 5. Press read/enter key. 6. Record concentration measure on the Daily Check for Water Quality Field Instruments (see page 20). 7. Repeat steps 3&4 with cells labeled standard 2 and standard 3. 8. Compare with previous measurement to verify instrument is performing consistently. 9. This check is to be performed daily before use, and after every 5 samples during use. Low Range (samples between 0.02 mg/L to 2.0 mg/L) 1. Fill 10 mL cell with sample (blank) and replace cap. 2. Press power key to turn meter on. Arrow should indicate low range channel (LR). 3. Remove meter cap. Place blank in cell weld with diamond mark facing the keypad. Fit cap over cell to cover. (Note: wipe excess water & finger prints off sample cell.) 18 4. Press zero/scroll key to zero the instrument, then remove blank. 5. Fill a second 10 mL cell to 10 mL mark with sample. 6. Add contents of one DPD total chlorine power pillow to the sample in the cell. 7. Cap and gently shake for 20 seconds. 8. Place prepared sample in cell weld with diamond mark facing the key pad, and cover with instrument cap, wait 3 to 6 minutes after adding the DPD total chlorine pillow. 9. Press read/enter key. 10. Report results in mg/L chlorine. High Range (samples that exceed 2.0 mg/L by 10%) Note: the High Range protocol should be used when the HACH pocket colorimeter 11 low range is over -range flashing above stated test range. 1. Fill 10 mL cell with sample (blank) and replace cap. 2. Press power key to turn meter on. Arrow should indicate low range channel (LR). 3. Remove meter cap. Place blank in cell weld with diamond mark facing the keypad. Fit cap over cell to cover. (Note: wipe excess water & finger prints off sample cell.) 4. Press zero/scroll key to zero the instrument, then remove blank. 5. Dilute the sample "2X" by filling a 10 mL cell to the 5 mL mark with sample. 6. Add deionized water to the sample until it reaches the 10 mL mark. 7. Add contents of one DPD total chlorine power pillow to the sample in the cell. 8. Cap and gently shake for 20 seconds. 9. Place prepared sample in cell weld with diamond mark facing the key pad, and cover with instrument cap, wait 3 to 6 minutes after adding the DPD total chlorine pillow. 10. Press readlenter key. 11. Multiply the results by 2. 12. Report results in mg/L chlorine. 19 If the results from the 2X dilution are still reading as over -range, use the following dilution. 1. Fill 10 mL cell with sample (blank) and replace cap. 2. Press power key to turn meter on. Arrow should indicate low range channel (L R). 3. Remove meter cap. 4. Place blank in cell weld with diamond mark facing the keypad. Fit cap over cell to cover. (Note: wipe excess water & finger prints off sample cell.) 5. Press zero/scroll key to zero the instrument, then remove blank. 6. Dilute the sample "5X" by filling a I0 mL cell to the 2 mL mark with sample. 7. Add deionized water to the sample until it reaches the 10 mL mark. 8. Add contents of one DPD total chlorine power pillow to the sample in the cell. 9. Cap and gently shake for 20 seconds. 10. Place prepared sample in cell weld with diamond mark facing the key pad, and cover with instrument cap, wait 3 to 6 minutes after adding the DPD total chlorine pillow. 11. Press read/enter key. 12. Multiply the results by 5. 13. Report results in mg/L chlorine. 20 Water Quality Instrument Check Form Date: Name: ID #: Pocket colorimeter II daily check Instrument Identification: Zero the Pocket colorimeter II with the provided blank in the t` el kit. Standard Vial Expected Response Response I Response 2 1 4 7 3 10 Gel Standard Kit. Lot# pH probe daily check Instrument Identification: Expiration Date Buffer Solution Lot # Expiration Date pH Probe Reading Temperature ( C) 4 7 10 8 Notes/Comments: Ensure to note ALL lot numbers and expiration dates for the standards used in this check. DO NOT USE EXPIRED STANDARDS FOR ANY REASON 21 Operation & Use of Oakton Instruments pH Tester 30 pH Meter SOP# WQ-004.0I Date: 7:22/2008 Author: Bruce Short The Oakton Instruments pH Tester 30 pH meter is used for field measurements of both pH and temperature of water. The instrument measures pH in ±0.0I pH units, and temperature in +0.I 'C or 'F. Using the built in temperature sensor, any change in temperature is compensated to give the actual pH reading of the sample tested. Before use, the pH tester's electrode must be conditioned by immersing the probe in tap water or electrode storage solution for at least 30 minutes. This is normally accomplished by keeping the sponge insert inside the instrument's protective storage cap moistened with tap water. Do Not Use De -ionized Water! pH Calibration: The Oakton Instruments pH Tester 30 pH meters should be calibrated daily before use. Additionally, re -calibrate the instrument whenever batteries are changed, or the electrode replaced. Daily Calibration will be conducted using pH buffers at pH 4.0, 7.0, and I0.0. After this three point calibration, a performance check will be conducted by measuring and recording the reading of a pH 8.0 buffer. Stepwise Calibration Procedure I. Press ON/OFF button to switch the unit on. 2. Dip the electrode about 2 to 3 cm into the pH 4 buffer solution and press the 'CAL' button. The upper display will show the measured reading based on the last calibration, while the lower display should indicate which pH buffer solution is being used. 3. Allow the upper display reading to stabilize then press the HOLD/ENT button to confirm the first calibration point. The upper display will be calibrated to the pH standard buffer solution. Record this value in the appropriate section of the Daily pH Meter Calibration Log. 4. Repeat steps 2 and 3 for pH 7.0 buffer, then pH 10.0 buffer. Rinse the electrode in tap water between buffers. 5. After completing the calibration with the three buffers as described above, the meter will automatically return to the measure mode. Using the procedure below for pH measurement, measure and record the value for a pH 8.0 buffer on the Daily pH Meter Calibration Log. Stepwise Procedure for pH Measurements I. Press ON/OFF button to switch the unit on. 2. Dip the electrode about 2 to 3 cm into the test solution. Stir and let the reading stabilize. 3. Note the pH value or press HOLD ENT button to freeze the reading. To release the reading, press HOLD ENT again. 4. Press ON OFF to turn off tester. If you do not press a button for 8.5 minutes, the tester will automatically shut off to conserve batteries. 23 Programming Autoflushers SVC CONTROLLER PROGRAMMING GUIDE 10/20/05 SVC CONTROLLER INTRODUCTION DISPLAY LEFT ARROW PROGRAM MODE INCREASE VALUE RIGHT ARROW DECREASE VALUE THE PROGRAM MODE a BUTTON ALLOWS YOU TO NAVIGATE BETWEEN PROGRAM MODES. PRESS THE PROGRAM MODE BUTTON TO FIRST WAKE UP THE UNIT. DURING A SHORT PERIOD OF INACTIVITY, THE DISPLAY WILL SHUT OFF (GO TO SLEEP) TO CONSERVE BATTERY POWER. THE CONTROLLER WILL STILL CARRY OUT THE FLUSHING PROGRAM LAST ENTERED. WHEN PROGRAMMING, THE FLASHING PORTION OF THE DISPLAY CAN BE CHANGEDBYPRESSING THE INCREASE OR DECREASE VALUE Q or BUTTON. TO CHANGE SOMETHING THAT IS NOT FLASHING, PRESS THE RIGHT OR LEFT ARROW® or ® BUTTONS UNTIL THE DESIRED FIELD IS FLASHING. 24 SVC CONTROLLER OVERVIEW THERE ARE SIX DISPLAY MODE SCREENS YOU CAN TOGGLE THROUGH WHEN YOU WAKE UP THE UNIT BY PRESSING THE PROGRAM MODE ) BUTTON. THESE ARE; 1. BATTERY POWER INDICATOR & LAST PROGRAMMED CURRENT TIME & DAY. 9:O6M 4 2. CURRENT TIME & DAY PROGRAM MODE 0:00M 4 3. FLUSHING START & STOP PROGRAM MODE (UP TO 9 START TIMES AVAILABLE) 1 0:00M 4. RUN TIME PROGRAM MODE (LENGTH OF EACH FLUSHING) 0:00 5. "DAY OF THE WEEK" FLUSHING PROGRAM MODE 000000® 1 2 3 4 5 6 7 1 = SUNDAY OR "INTERVAL" FLUSHING PROGRAM MODE 1 0+12 NOTE: THE SCREEN THAT WILL APPEAR WILL DEPEND ON WHICH FLUSHING MODE THE UNIT WAS LAST EXITED FROM. 6. UNIT OFF DISPLAY MODE SCREEN 26. PROGRAMMING THE SVC CONTROLLER STEP #1 - SETTING THE CURRENT DAY AND TIME 1. PRESS THE A) BUTTON UNTIL THE CURRENT TIME'DAY ICON 0 IS DISPLAYED. 2. HOURS WILL BE FLASHING. PRESS THE or BUTTON TO CHANGE THE HOUR SHOWN ON THE DISPLAY. PRESS THE RIGHT ARROW ® BUTTON TO PROCEED TO SETTING THE MINUTES. 3. MINUTES WILL BE FLASHING. USE THE a or BUTTON TO CHANGE THE MINUTES SHOWN ON THE DISPLAY. PRESS THE RIGHT ARROW ® BUTTON TO PROCEED TO SETTING THE AM/PM OR 24 HOUR TIME. 4. THE TIME WILL BE DISPLAYED AND THE TIME OF DAY FLASHING. PRESS THE Q or BUTTON TO SELECT AM, PM OR 24 HOUR. PRESS THE RIGHT ARROW ® BUTTON TO PROCEED TO SETTING THE DAY OF THE WEEK. 5. THE NUMBER I WILL BE FLASHING, INDICATING THE FIRST DAY OF THE WEEK. PRESS THE Q or" BUTTONS THE DAY OF THE WEEK (1-7 CORRESPONDING TO THE DAY). THE TIME AND DAY HAVE NOW BEEN SET. 27 STEP #2 - SETTING & ELIMINATING FLUSHING START TIMES A. SETTING FLUSHING START TIMES 1. PUSH THE PROGRAM MODE A) BUTTON UNTIL THE START TIMES 0 ICON IS DISPLAYED. 2. USE THE Q or BUTTON TO CHANGE THE START TIME (THE START TIMES ADVANCE IN 15 MINUTE INCREMENTS). HOLD EITHER BUTTON DOWN FOR 1 SECOND TO CHANGE TIME RAPIDLY. 3. PRESS THE RIGHT ARROW ® BUTTON TO SELECT THE NEXT START TIME (UP TO 9 START TIMES ARE AVAILABLE). B. ELIMINATING A START TIME WITH THE DISPLAY IN THE FLUSHING START TIME MODE, PUSH THE a or BUTTON UNTIL YOU REACH I2:00AM (MIDNIGHT). FROM HERE PUSH THE .•c BUTTON ONCE TO REACH THE OFF POSITION. NOTE: IF THE SVC HAS ALL 9 START TIMES TURNED OFF, THEN THE CONTROLLER IS OFF. STEP #3 - SETTING THE RUN TIME (LENGTH OF FLUSHING). I. PRESS THE PROGRAM MODE 5 BUTTON UNTIL THE en RUN TIME !Q ICON IS DISPLAYED. 2. THE DISPLAY WILL SHOW THE LAST RUN TIME ENTERED. 3. USE THE or�.t BUTTONS TO INCREASE OR DECREASE LENGTH OF FLUSHING TIME (FROM 1 MINUTE UP TO 4 HOURS). FOR RAPID ADVANCEMENT, HOLD THE BUTTONS DOWN FOR 2 SECONDS. ?g STEP #4 — SELECT AND PROGRAM THE FLUSHING MODE — SELECT BETWEEN THREE DIFFERENT MODES AS FOLLOWS: A. DAYS OF THE WEEK B. INTERVAL C. MANUAL A. "DAYS OF THE WEEK" — EXAMPLE: FLUSH ON MONDAY, WEDNESDAYS AND FRIDAYS. 1. TO SELECT THE DAYS OF THE WEEK MODE, PUSH THE A) BUTTON UNTIL THE FLUSHING DAYS1:2 ICON IS DISPLAYED ALONG WITH THE SEVEN DAYS OF THE WEEK WITH A FLUSHING WATER DROP 6 OR A NO -FLUSHING WATER DROP ICON ABOVE THE NUMBERED DAYS. a. THE ICON REPRESENTS AN "ON" FLUSHING DAY b. THE ICON REPRESENTS A "OFF" FLUSHING DAY. 2. TO SELECT SPECIFIC DAYS OF THE WEEK TO FLUSH, WITH THE CURSOR ON A SPECIFIC DAY (THE CURSOR ALWAYS STARTS WITH DAY 1), PRESS THE BUTTON TO ACTIVATE A PARTICULAR DAY OF THE WEEK TO FLUSH. PRESS THEC~c BUTTON TO CANCEL FLUSHING FOR THAT DAY. AFTER PRESSING A BUTTON THE CURSOR AUTOMATICALLY ADVANCES TO THE NEXT DAY. 3. REPEAT STEP 2 UNTIL ALL DESIRED DAYS HAVE BEEN SELECTED. THE SELECTED DAYS WILL SHOW WITH AN • ICON TO INDICATE THEIR STATUS AS ON. THE LAST 6 ICON IS THE LAST FLUSHING DAY FOR THE PROGRAM. 4. YOU HAVE FINISHED PROGRAMMING FOR "DAYS OF THE WEEK" FLUSH MODE. DO NOT PRESS ANY MORE KEYS. ALLOW THE UNIT TO GO INTO SLEEP MODE AUTOMATICALLY. B. "INTERVAL' EXAMPLE: FLUSH EVERY OTHER DAY OR EVERY 3RD DAY, ETC. 1. TO SELECT "INTERVAL" FLUSHING MODE FROM 1 TO 31 DAYS, FIRST PUSH THE BUTTON UNTIL THE "DAYS OF THE WEEK" MODE SCREEN IS DISPLAYED. THEN PRESS THE ® BUTTON AND MOVE THE CURSOR TO THE 7TH DAY OF THE WEEK. FINALLY, PRESS THE O AGAIN UNTIL THE INTERVAL FLUSHING ICON AND TWO CALENDARS '3+ 13 APPEAR ON THE DISPLAY. 2. PRESS THE 4) or BUTTONS TO SELECT THE NUMBER OF DAYS BETWEEN FLUSHING DAYS (1-3I). THIS IS CALLED THE INTERVAL. EXAMPLE: 1 EVERY DAY OR 24 HOURS BETWEEN FLUSHES. 2 EVERY OTHER DAY OR 48 HOURS BETWEEN FLUSHES 3 EVERY THREE DAYS OR 72 HOURS BETWEEN FLUSHES, ETC. 3. YOU HAVE FINISHED PROGRAMMING FOR "INTERVAL" MODE. DO NOT PRESS ANYMORE KEYS. ALLOW THE UNIT TO GO INTO SLEEP MODE AUTOMATICALLY. 30 C. "MANUAL" _ EXAMPLE: FLUSHING ON DEMAND. I. PRESS THE 5 BUTTON ONCE TO DISPLAY THE CURRENT TIME OF DAY. 2. PRESS AND HOLD ® THE BUTTON FOR TWO SECONDS TO DISPLAY THE MANUAL FLUSHING ICON. 3. USE THE Q or BUTTON TO ADJUST THE MANUAL FLUSH RUN TIME FROM I MINUTE TO 4 HOURS. 4. RELEASE THE BUTTONS AND THE CONTROLLER WILL COUNT DOWN 10 SECONDS BEFORE ACTIVATING THE MANUAL CYCLE. 5. THE FLASHING FLUSHING 154 ICON WILL APPEAR ON THE DISPLAY WHEN FLUSHING IS OCCURING. NOTE: TO STOP MANUAL FLUSHING. PRESS THE 5 BUTTON UNTIL THE OFF FLUSHING SYSTEM ICON IS DISPLAYED. WAIT 4 SECONDS AND "OFF" WILL APPEAR ON THE DISPLAY. PRESS THE 5 AGAIN AND THE SVC WILL FLUSH BASED UPON THE CURRENT PROGRAM. 31 PROGRAMMING TIPS 1. IF YOU HAVE PROGRAMMED FOR "INTERVAL" AND YOU WISH TO CHANGE TO "DAYS OF THE WEEK" MODE WHILE IN THE "INTERVAL" PROGRAMMING MODE, THEN PRESS THE RIGHT ARROW ® BUTTON TO GO BACK TO THE "DAYS OF THE WEEK" MODE. REMEMBER, TO GO FROM THE "DAYS OF THE WEEK MODE BACK TO THE "INTERVAL MODE' YOU MUST PRESS THE RIGHT ARROW ® BUTTON AND MOVE THE CURSOR TO THE LAST DAY OF THE WEEK AND THEN PRESS THE RIGHT ARROW ® BUTTON AGAIN TO GO TO THE "INTERVAL MODE". 2. THE LAST FLUSHING PROGRAM MODE, "DAYS OF THE WEEK" OR "INTERVAL", LEFT DISPLAYED ON THE SCREEN WHEN FINISHED PROGRAMMING AND THEN ALLOW THE UNIT TO GO TO SLEEP AUTOMATICALLY, IS THE MODE IT WILL OPERATE IN. 3. IF YOU WANT TO TURN OFF THE CONTROLLER COMPLETELY, GO TO THE LAST PROGRAMMING MODE SCREEN DISPLAY BY REPEATEDLY PRESSING THE PROGRAM MODE KEY UNTIL YOU REACH THE SYSTEM OFF ®ICON . THEN WAIT APPROXIMATELY 3 SECONDS AND THE WORD OFF WILL ALSO BE DISPLAYED. THE CONTROLLER IS NOW OFF AND WILL NOT CARRY OUT ANY PROGRAM FUNCTIONS. THE DISPLAY & CONTROLLER FUNCTIONS WILL AUTOMATICALLY SHUT OFF. 4. TO REACTIVATE THE CURRENT PROGRAMS IN THE "DAYS OF THE WEEK" OR "INTERVAL" PROGRAM MODE, GO TO STEP #4 AND EXIT THE DESIRED PROGRAM MODE BY ALLOWING THE DISPLAY TO SHUT OFF (GO TO SLEEP) AUTOMATICALLY WHILE IN THAT MODE. 32 SVC CONTROLLER RESETTING PROCEEDURE THIS INFO IS FOR THE PEOPLE HAVING TROUBLE WITH THIER CONTROLLER GOING NUTS AND ACTING LIKE IT'S LOST. THE PROCEEDURE WILL REBOOT IT AND GET IT BACK TO THE WAY IT WAS BEFORE ANY PROGRAMMING WAS DONE. The reset procedure for the SVC controllers is as follows. Remove the 9 volt battery and wait three minutes. Next, press and hold down the PLUS, the MINUS and the LEFT ARROW buttons all at the same time. While your are holding the buttons down insert the battery into the SVC controller. The display should now read I2:00AM and is ready to be re -programmed. Contact Technical Services a Kupferle Foundry Company if you have questions or comments. Our phone number is 800-231-3990. We are available Monday through Friday from 7:30 am - 4:00 pm Central Standard Time. 33 Monthly Performance Evaluation At the end of every month an analysis will take place to evaluate DEM performance. Performance is defined as the "ability of a DEM to maintain certain chlorine residual from flushing cycle to flushing cycle". The following methodology will be used to evaluate DEM performance on a monthly basis. This methodology is based on "start" TRC readings. How a DEM moves 'down' a flushing group One "bad" reading will cause a DEM to automatically fall down to the flushing group that corresponds to that reading (see diagram below). A DEM may drop more than one flushing group. When the TRC reading is below 1.0 mg/L the DEM will automatically fall to the Twice a month flushing group. 1 reading 3mgJL ! reading 2m;,'L ! reading < [mg L G� J Every 3 months Every 2 months Once a month Twice a month 3.0 mg/1 2.0 mg/1 How a DEM moves `un' a flushing group 1.0 mg/I One "good" reading will not cause a DEM to automatically move up to a higher flushing group. Instead, a DEM will need a series of sequential "good" readings logged before it can be moved up a level Requirements for DEM promotion for each flushing frequency group: To move up to the Every 3 months flushing group: Requirement: DEM has 2 consecutive readings above 3.0 mg/1 while in the Every 2 months group. To move up to the Every 2 months flushing group: Requirement: DEM has 4 consecutive readings above 2.0 mg,'l while in the Once a month group. To move up to the Once a month flushing group: Requirement: DEM has 8 consecutive readings above 1.0 mg/I while in the Twice a month group. All these requirements add up to 4 months of "good" readings before a DEM can advance to a more lenient flushing group. 1 consecutive readings >3mg/L 4 consecutive readings >2mgIL 8 consecutive readings > I mg/E. Every 3 months Every 2 months Once a month Twice a month 3.0 mg/1 2 2.0 mg/1 l O mg/1 Examples of how a DEM can move behveen flushing groups. This example illustrates how a DEM can "drop" to a lower flushing group and then "move up" to a higher flushing group; including corresponding good reading counts (GRC) and print range counts (PRC) DEM ID# Sept 11 Batchl TRC (mg/L) Sept 11 Batch2 TRC (mg/L) Oct 11 Batchl TRC (mg/L) Oct 11 Batch2 TRC (mg/L) Nov Batchl TRC (mg/L) Nov 11 Batch2 TRC (mg/L) Dec 11 Batchl TRC (mg/L) Dec 11 Batch2 TRC (mg/L) Jan 12 Batchl TRC (mg/L) Jan 12 Batch2 TRC (mg/L) 1212 1.5 2 0.9 1.8 1.5 1.4 1.5 1.2 1.4 1.8 GRC 0 0 1 2 3 4 5 6 7 PRC 2 1 1 1 1 1 1 1 1 1 DEM ID# Feb 12 Batchl TRC (mg/L) Feb 12 Batch2 TRC (mg/L) Mar 12 Batchl TRC (mg/L) 1212 1.5 Nov 11 Batch2 TRC (mg/L) To be flushed GRC 0 Jan 12 Batch2 TRC (mg/L) 1000 PRC 2 1 1. Assume DEM #1212, is in the Once a month flushing group 2. For the month of Oct 11 the TRC level is 0.9 mg/L, this automatically drops the DEM to the Twice a month group. Now the DEM needs 8 consecutive TRC above 1.0 mg/L to move up to the Once a month flushing group. 3. Assume DEM #1212 obtains readings above 1.0 mg/L for the next 4 consecutive months. Now, DEM #1212 goes back to the Once a month flushing group and the next flushing operation will be scheduled for Mar 12 Batch 1. This example illustrates how a DEM can stay in its current flushing group; including corresponding good reading counts (GRC) and print range counts (PRC) DEM ID# Sept 11 Batchl TRC (mg/L) Sept 11 Batch2 TRC (mg/L) Oct 11 Batchl TRC (mg/L) Oct 11 Batchl TRC (mg/L) Nov Batchl TRC (mg/L) Nov 11 Batch2 TRC (mg/L) Dec 11 Batchl TRC (mg/L) Dec 11 Batch2 TRC (mg/L) Jan 12 Batchl TRC (mg/L) Jan 12 Batch2 TRC (mg/L) 1000 2.5 2.6 2.4 GRC 0 0 0 PRC 4 3 2 1 4 3 2 1 4 3 DEM ID# Feb 12 Batchl TRC (mg/L) Feb 12 Batch2 TRC (mg/L) Mar 12 Batchl TRC (mg/L) 1000 To be flushed GRC PRC 2 1 1. Assume DEM #1000, is in the Every 2 months flushing group 2. Every 2 months the DEM is flushed and the residuals obtained are within the Every 2 months flushing range (2.0 mg/L to 10 mg/L) so this DEM never obtains any GRC and the next flushing operation will be scheduled for Mar 12 Batch 1. 4 / o lI K i � onn ca IL— o l,1 0......._.1 I r (Ld N01133-J3a Lsr1� -4'u' illd NO,LJ31007 667i ,Ctrq 11 Ii r— Cl I1 Stir i y?' N q �, 71 ♦= }- ID uJ w 0 w z ±-12,209 LF Y� f I 6c 1 I1 w I •0 n z O. CC 15 L-1 ^" C UJ 3ww w C7 t,3 w¢ OIL DOCK 11 0 z z m If; dao O •) o oM O d • J in~ mO� O 0 EL Si GG e � O w !< , �iy LJ ''s w CC u Z� Z CC Z U LalQ X W W �0> X00 vi4Vcb / / LI .... �y/iib o d1 O. z° 0 Cel p X z Cal Q 1 CL 0 0a a� . - /`f 0 `` ',sem CC a N 2 2 Y J m m 011 DOCK 14 U J J U z LU LLI V J W 0 N m W I0 X Q 1U Exhibit E Description of Easement --16 inch Waterline BEING approximately 12,209 linear feet of a 16 inch PVC waterline situated in Port of Corpus Christi Authority property out of the submerged land patented to Nueces County Navigation District (now known as Port of Corpus Christi Authority) by the State of Texas on May 7, 1930, recorded in Vol. 192, page 579 and referred to as Patent 84 (Section 939) and out of a portion of Patent 446 recorded in Vol. 719, page 358, deeds records of Nueces County, Texas. Centerline easement of said waterline further described as follows: • BEGINNING at point (P.O.B.) 50 feet south of the centerline of Joe Fulton International Trade Corridor at Station 333+46. • THENCE, along centerline of said easement, parallel to and 50 feet south of centerline of Joe Fulton International Trade Corridor to a deflection point at Station 353+50. • THENCE, along centerline of easement in a southeasterly direction to a point being 39 feet south of centerline Joe Fulton International Trade Corridor at Station 361+50 to a deflection point. • THENCE, continuing along centerline of easement, parallel to and 39 feet south of Joe Fulton International Trade Corridor centerline to a deflection point at Station 443+00. • THENCE, in an easterly direction to a deflection point being 74.8 feet south of Joe Fulton International Trade Corridor centerline at Station 451+03.1. • THENCE, continuing along said easement centerline, parallel to and 75 feet south of Joe Fulton International Trade Corridor centerline to a pipe bend at Station 452+01.3. • THENCE, in a northeasterly direction for a distance of approximately 29 feet to pipe bend being 55 feet south of Joe Fulton International Trade Corridor centerline at Station 452+21.3. • THENCE, in a northerly direction along easement, crossing under Joe Fulton International Trade Corridor for a distance of approximately 152 feet to a pipe bend being 97 feet north of Joe Fulton International Trade Corridor center line at Station 452+21.3. • THENCE, in a northeasterly direction for a distance of approximately 20 feet to a pipe bend being 117 feet north of Joe Fulton International Trade Corridor centerline at Station 452+41.3. • THENCE, in an easterly direction along centerline of said easement for a distance of approximately 144 feet to a point being 117 feet north of Joe Fulton International Trade Corridor centerline at Station 453+85 to the Point of Terminus with a total length of approximately 12,209 linear feet more or less. Easement description based from office records—to be amended per as -built location of water line. page 1 Exhibit E Description of Easement —12 inch Waterline BEING approximately 1,891 linear feet of a 12 inch PVC waterline situated in Port of Corpus Christi Authority property out of the submerged land patented to Nueces County Navigation District (now known as Port of Corpus Christi Authority) by the State of Texas on May 7, 1930, recorded in Vol. 192, page 579 and referred to as Patent 84 (Section 939) Deeds records of Nueces County, Texas. Centerline easement of said waterline further described as follows: • COMMENCING at a point (P.O.C) 50 feet south of centerline of Joe Fulton International Trade Corridor at station 333+46 said P.O.C. Also being the point of beginning (P.O.B.) of a 16 inch City waterline easement as described in the accompanying Exhibits D & E (Page 1). • THENCE, along centerline of said 16 inch waterline for a distance of approximately 62 feet to the P.O.B. said point being 50 feet south of Joe Fulton International Trade Corridor at station 334+08. • THENCE, in a southwesterly direction at a right angle to said 16 inch waterline, passing under Fulton Lead Track and Nueces River Rail Yard Phase 2 track for a distance of approximately 98 feet to a deflection point. • THENCE, along centerline of this easement parallel to and approximately 98 feet south of said 16 inch waterline for a distance of approximately 128 feet to a deflection point. • THENCE, in a southwesterly direction, approximately 27 feet west of and parallel to the designed location of centerline entrance road to Oil Dock 14 for a distance of approximately 151 feet to a deflection point. • THENCE, deflecting to the right at approximately 22.5° for a distance of approximately 155 feet. • THENCE, deflecting to the right at approximately 45° for a distance of approximately 156 feet to a point being approximately 24 feet north of said centerline of designed location of entrance road. • THENCE, along centerline of this easement, approximately 24 feet north of and parallel to said designed location of entrance road for a distance of approximately 548 feet to a deflection point, said point being midway between design location of entrance road edge of pavement and the southeast boundary line of a one acre lease from Port of Corpus Christi to M&G Group. • THENCE, along said centerline of easement, in a southwesterly direction, 16 feet east of and parallel to a common boundary between Port of Corpus Christi and M&G Group for a distance of approximately 655 feet to the P.O.T. (Point of Terminus) with a total length of approximately 1,891 linear feet, more or less. Easement description based from office records -to be amended per as -built location of waterline. page 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 30, 2016 Action Item for the City Council Meeting of September 13, 2016 DATE: August 16, 2016 TO: Margie C Rose, City Manager THRU: E. Jay Ellington, Interim Assistant City Manager JayEll@cctexas.com 361.826.3042 FROM: Rudy Bentancourt, HCD Director RudyB@cctexas.com 361.826.3021 Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation CAPTION: Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation (CCCIC). PURPOSE: To provide an Annual Board Meeting, to appoint a new City Council member to the CCCIC, Elect Officers, and to provide a loan commitment for the Ca!alien Apartment project from FY2016 HOME funding. BACKGROUND AND FINDINGS: The City Council acts as the Board of the CCCIC. With the appointment of new City Council member Michael Hunter, it is necessary for the Board to appoint Mr. Hunter to the CCCIC Board. The CCCIC is also required to select a President and Vice President during the Annual Board of Directors Meeting. The Bylaws of the CCCIC provide for the following officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, and General Manager. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by persons on City staff holding the function equivalent positions. The recommendation are as follows: Secretary Rebecca Huerta Assistant Secretary Paul Pierce Treasurer Constance P. Sanchez Assistant Treasurer Alma Casas General Manager Margie C. Rose On February 16, 2016 the Corpus Christi City Council passed a Resolution in support of the proposed affordable housing project known as Calallen Apartments. On July 12, 2016, the City Council approved to set aside HOME FY2016 funding for Calallen Apartments in the amount of $231,634. On July 28, 2016, the Texas Department of Housing and Community Affairs approved to provide the Calallen Apartments project with Housing Tax Credits (HTC's). The motion will be to approve the loan commitment terms for the project subject to the execution of the funding agreement. In order to secure the HTC's, the project must receive a firm commitment from the local government of the project location. A firm commitment is defined as an executed agreement. The Calallen Apartments, once constructed, will be an affordable housing development located at 14800 Northwest Blvd., Corpus Christi, TX 78410. ProsperaHCS Calallen, LP., proposes the construction of 96 new apartments serving families at or below 60% of the Area Median Income. The development will be financed primarily through Housing Tax Credits, private debt, and $231,634 in HOME funds through the City of Corpus Christi at 1`)/0 for a 40 year term with payments amortized over 40 years paid from available net cash flow. Discussion, and possible action, will involve the approval of the loan commitment made from FY2016 funds provided through the U. S. Department of Housing and Urban Development's HOME Program. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCCIC policies. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires only one meeting of the CCCIC Board. DEPARTMENTAL CLEARANCES: Housing and Community Development and City Secretary's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Recommendation is requested to approve the loan commitment term for the proposed project to secure TDHCA funding. LIST OF SUPPORTING DOCUMENTS: Agenda for Meeting Unapproved September 8, 2015 Board Meeting Minutes Treasurers Report Bylaws AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ANNUAL MEETING DATE: Tuesday, September 13, 2016 TIME: PLACE: During the meeting of the City Council beginning at 11:30 a.m. City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Vice President Brian Rosas calls the meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Vacant, President Brian Rosas, Vice President Rudy Garza Colleen McIntyre Chad Magill Nelda Martinez Mark Scott Lucy Rubio Carolyn Vaughn Officers Vacant, General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer 3. Motion appointing Council Member Michael Hunter as a member of the CCCIC Board. 4. Election of Officers: President Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager 5. Public Comment 6. Approval of the minutes of September 8, 2015. 7. Financial Statement 8. Motion to approve a loan commitment of $231,634 for the Calallen Apartment project, loan to be made from funds provided through the U. S. Department of Housing and Urban Development's HOME Program at 1% interest for a 40 -year term with payments amortized over 40 years and paid from available net cash flow, subject to execution of the funding agreements. 9. Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC) REGULAR MEETING September 8, 2015 6:10 P.M. PRESENT Board of Directors Vacant, President Lillian Riojas, Vice -President Rudy Garza Colleen McIntyre Chad Magill Nelda Martinez Mark Scott Officers Ron L. Olson, General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer Vice -President Riojas called the meeting to order in the Council Chambers of City Hall at 6:10 p.m. Secretary Huerta verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. Vice -President Riojas moved to Item 3 and called for the appointment of Brian Rosas, Carolyn Vaughn, and Lucy Rubio to the CCCIC Board. Ms. Martinez made a motion, seconded by Mr. Magill, and passed. Vice -President Riojas moved to Item 4 and called for the Election of Officers. A motion was made by Ms. Martinez to appoint Lillian Riojas as President, seconded by Ms. McIntyre, and passed. A motion was made by Mr. Magill to appoint Brian Rosas as Vice -President, seconded by Ms. Martinez, and passed. A motion was made by Ms. McIntyre to elect Rebecca Huerta as Secretary, Paul Pierce as Assistant Secretary, Constance P. Sanchez as Treasurer, Alma Casas as Assistant Treasurer, and Ronald L. Olson as General Manager, seconded by Mr. Magill, and passed. Vice -President Riojas moved to Item 5 and called for the approval of the minutes from the October 28, 2014 meeting. Mr. Garza made a motion to approve the minutes as presented, seconded by Ms. McIntyre, and passed. President Riojas moved to Item 6 and called for the Financial Statement. Treasurer Constance Sanchez referred to the summary of transactions for the twelve months ending June 30, 2015 and the fund balance was $14,759,559. The Board had no questions. President Riojas moved to Item 7. Director of Neighborhood Services Department (NSD), Mr. Eddie Ortega, explained that Item 7 is a motion to approve a loan commitment of $300,000 for the 911 Glenoak Apartment project, and that the loan to be made is from funds provided through the U. S. Department of Housing and Urban Development's HOME Program at 3% interest for a 40 -year term with payments amortized over 40 years and paid from available net cash flow, subject to execution of the funding agreements. President Rioj as asked for discussion from the Directors. Ms. McIntyre stated this was going to be an exciting project and it was a great opportunity to have an updated apartment complex. Mr. Ortega stated the 1 demolition will replace 68 units and it is a $14,000,000 project. A motion to approve Item 7 was made by Ms. McIntyre, seconded by Mr. Magill, and passed. President Riojas called for public comment. There was none. Mr. Garza asked who to refer an attorney to regarding paying off a deed of trust with the CCCIC. Ms. Martinez stated the item had been taken care of, but to send the letter to City Attorney Miles Risley. There being no further business to come before the Board, President Riojas adjourned the meeting at 6:16 p.m. on September 8, 2015. 2 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET July 31, 2016 ASSETS Loan Program HOME Program Fund Fund Total Cash and investments $ 2,294,994 $ 479,498 $ 2,773,885 Mortgages receivable, net of allowance 7,575,522 3,483,545 11,059,067 Investment in property (net of 0 accumulated depreciation) 71,002 0 71,002 Total assets $ 9,941,518 $ 3,963,043 $ 13,903,954 LIABILITIES AND FUND BALANCE Liabilities: Deposits $ 12,692 $ 158 $ 12,850 Total liabilities 12,692 158 12,850 Fund Balance: Reserved for mortgages 7,575,522 3,483,545 11,059,067 Reserved for Investments 71,002 0 71,002 Unreserved 2,282,302 479,340 2,761,035 Total fund balance 9,928,827 3,962,885 13,891,105 Total liabilities and fund balance $ 9,941,518 $ 3,963,043 $ 13,903,954 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE TEN MONTHS ENDED JULY 31, 2016 Revenues: Contribution from Federal Government Interest on loans Interest on investments Miscellaneous Loan Program HOME Program Fund Fund $ Total - $ 1,513,579 $ 1,513,579 35,592 11,120 46,712 179 60 239 2,097 751 2,848 Total revenues 37,868 1,525,510 1,563,377 Expenditures: Grants 29,023 65,413 94,436 Community Development administration 0 43,556 43,556 Loan processing 207,765 1,481,464 1,691,152 Miscellaneous 2,795 0 2,795 Depreciation expense 8,081 0 8,081 Total expenditures 247,664 Excess (Deficit)of revenues and other financing sources over expenditures and other uses (209,796) Fund balances at June 30, 2015 10,138,623 1,590,433 1,840,020 (64,924) (276,643) 4,027,809 14,167,748 Fund balances at July 31, 2016 $ 9,928,827 $ 3,962,885 $ 13,891,105 CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION BYLAWS ARTICLE I - OFFICES Section 1.01. The principal office of the Corporation shall be in the City of Corpus Christi, County of Nueces, State of Texas. ARTICLE 11 - DIRECTORS Section 2.01. The number of Directors which shall constitute the whole Board shall be nine. The initial Directors shall serve for a period coterminous with the terms of City. Council members at the time of adoption of these bylaws. The successor Directors shall be elected for terms approximately coterminous with the terms of City Council members. Any Director may succeed himself. Section 2.02. Vacancies in the Board of Directors shall be filled for the unexpired term by the election of successor Directors by the majority vote of thre remaining Board of Directors. Section 2.03. The property and business of the Corporation shall be managed by the Board of Directors which may exercise all powers of the Corporation and do all lawful acts. Section 2.04. The annual meeting of the Board of Directors shall be held at the principal office of the Corporation during the third City Council meeting in May of each year, or at such time and place as shall be designated by the President on three days' written notice to each of the Directors. All other meetings may be held at the place selected by the Board either within or without the State of Texas. Section 2.05. Regular meetings, other than the annual meeting, may be held at such time as shall be determined by the Board. Section 2.06. Special meetings of the Board may be called by the President on three days' notice to each Director, either personally or by mail or by telegram; special meetings shall be called by the President or Secretary in like manner on like notices on the written request of two Directors. Section 2.07. At all meetings of the Board the presence of a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business and the act of a majority of the Directors present at any meetings at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by these bylaws. If a quorum shall not be present at any meeting 1.. of the Directors, the Directors present thereat may recess the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present. Section 2.08. A meeting of the Directors can be held at any time without notice upon the execution by all Directors, of a written waiver of notice, and likewise may be held without notice when all of the Directors are present at the meeting. Committee of Directors Section 2.09. The Board of Directors may, by resolution or resolutions adopted by a majority of the whole Board, establish one or more committees, each committee to consist of two or more of the Directors of the Corporation, which to the extent permitted by law and if so provided in said resolution or resolutions, when the Board is not in session, shall have and exercise the powers of the Board of Directors in the management of the business and affairs of the Corporation, and may have power to authorize the seal of the Corporation to be affixed to all papers which may require it. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Section 2.10. The committees shall keep regular minutes of their proceedings and report the same to the Board when required. Section 2.11. Directors, as such, shall not receive any compensation for their services, but, by resolution of the Board a reimbursement of expenses of attendance, if any, may be allowed for attendance at such regular or special meeting of the Board. Members of special or standing committees may be allowed like reimbursement for attending committee meetings. ARTICLE III - NOTICES Section 3.01. Whenever, under the provisions of the statutes or these bylaws, notice is required to be given to any director, it shall not be construed to mean personal notice, but such notice may be given in writing, by mail, addressed to such Director at such address as appears on the books of the Corporation, and such notice shall be deemed to be given at the time when the same shall be thus mailed. Section 3.02. Whenever any notice is required to be given under the provisions of the statutes or of these bylaws, a waiver thereof in writing signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. ARTICLE IV - OFFICERS Section 4.01. The officers of the Corporation shall be chosen by the Board of Directors. the Board of Directors shall choose from its members a President and a Vice President. The Board of Directors shall also choose a Secretary and a Treasurer who may or may not be members of the Board of Directors. The Board of Directors shall, by majority vote of all members, designate a General Manager of the Corporation. The General Manager shall not be a member of the Board of Directors, but shall serve at the pleasure of the Board of Directors, and shall be under their supervision. Any two or more offices may be held by the same person, except the offices of President, Secretary, and General Manager. Section 4.02. The Board of Directors shall choose such officers at its first meeting and at each annual meeting thereafter. Section 4.03. The officers of the Corporation chosen pursuant to Section 4.02 shall serve until the next annual meeting of the Board of Directors or until their successors are chosen and qualify in their stead. Section 4.04. The Board may appoint such other officers and agents as it shall deem necessary, who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4.05. Any office elected or appointed by the Board of Directors may be removed at any time by the affirmative vote of a majority of the whole Board of Directors. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. The President Section 4.06. The President shall preside at all meetings of the Directors. Section 4.07. The President shall be ex officio a member of all standing committees, shall have general supervision of the management of the business of the Corporation, and shall see that all orders and resolutions of the Board are carried into effect. Section 4.08. The President shall execute bonds, mortgages and other contracts requiring a seal, under the seal of the Corporation, except where required for permitted by law to be otherwise signed and executed and except where the sighing and execution thereof shall be expressly delegated by the Board of Directors to some other officer or agent of the Corporation. Vice President Section 4.09. The Vice President shall, in the absence or disability of the President, perform the duties and exercise the powers of the President, and shall perform such other duties as the board of directors shall prescribe. -3- The Secretary Section 4.10. The Secretary shall attend all sessions of the Board and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all special meetings of the Board of Directors and shall perform such other duties as may be prescribed by the Board of Directors under whose supervision he shall be. He shall keep in safe custody the seal of the Corporation and, when authorized by the Board, affix the same to any instrument requiring it, and when so affixed, it shall be attested by his signature. And when the corporate seal is required as to instruments executed in the course or ordinary business he shall attest to the signature of the President or Vice President and shall affix the seal thereto. The Treasurer Section 4.11. The Treasurer shall have the custody of the corporate funds and the securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Corporation and shall deposit all moneys and other valuable effects in the name and to the credit of the Corporation in a depository as shall be designated by the Board of Directors. He shall disburse the funds of the Corporation as may be ordered by the Board, taking proper vouchers for such disbursements, and shall render to the President and Directors, at the regular meetings of the Board, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Corporation. The Board of Directors may appoint an Assistant Treasurer to assist the Treasurer and who, in the absence or inability of the Treasurer to serve, shall perform the duties of the Treasurer. The General Manager Section 4.12. The General Manager shall oversee and be responsible for the overall management and administration of the Corporation. Section 4.13. The Board of Directors may require the President, Vice President, the Secretary and the Treasurer to give the Corporation bonds on such sums and with such surety or sureties as shall be satisfactory to the Board for the faithful performance of the duties of their office and for the restoration to the Corporation, in case of death, resignation, retirement or removal from office, of all books, papers, vouchers, money and other property of whatever kind in their possession or under their control belonging to the Corporation. ARTICLE V - FISCAL PROVISIONS Section 5.01. The Board of Directors shall have prepared for each annual meeting a full and clear statement of the business and condition of the Corporation. -4- Checks Section 5.02. All checks or demands for money and notes of the Corporation shall be signed by and any two of the following: the President, the Vice President, the Secretary, the Treasurer, the Assistant Treasurer, the General Manager, or such other person or persons as the Board of Directors may from time to time designate. Fiscal Year Section 5.03. The fiscal year shall be determined by resolution of the Board of Directors. ARTICLE VI - SEAL Section 6.01. The corporate seal shall be circular and shall have inscribed in the outer circle the name of the Corporation, and shall have inscribed in the inner the letters "T E X A S" and a five -pointed star. Said seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. The imprint of this seal thus authorized is affixed opposite to this section. ARTICLE VII - AMENDMENTS Section 7.01. These bylaws may be altered, changed or amended at any meeting of the Board of Directors at which a quorum is present, provided notice of the proposed alteration, change or amendment be contained in the notice of such meeting, by the affirmative vote of a majority of the Directors at such meeting and present thereat. Includes Amendments through 10-25-93 -5- AGENDA MEMORANDUM City Council Meeting of August 30, 2016 DATE: TO: August 17, 2016 Margie C. Rose, City Manager THROUGH: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 FROM: Daniel McGinn, Interim Director of Development Services & Assistant Director ESI, Development Services DanielMc@cctexas.com (361) 826-3595 Water Supply Discussion — Demands Inflows/Pass-Thru Requirements of Agreed Order STAFF PRESENTER(S): Name Title/Position 1. Mark Van Vleck ACM Department Public Works & Utilities OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Kristi Shaw, P.E. Project Manager HDR Engineering 2. Ray Allen Executive Director Coastal Bend Bays & Estuaries 3. Rocky Freund Dep Executive Director Nueces River Authority BACKGROUND: This is the 3rd of a series of presentations on Water Supply initiatives and programs of the City of Corpus Christi. Today's topics include information on an Alternative Demand Projection; Fresh Water Inflows and Agreed Order Pass-Thru Requirements. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Water Supply (Discussion — Demands & Inflows/Pass-Thru Requirements of Agreed Order) Water Supply Discussion -Demands Inflows/Pass-Thru Requirements of Agreed Order Council Presentation August 30, 2016 Today's Presentation • Alternative Demand Projection — Kristi Shaw (HDR) • Fresh Water Inflows — Ray Allen (Coastal Bend Bays and Estuaries Program - CBBEP) • Agreed Order Pass-Thru Requirements — Rocky Freund (Nueces River Authority - NRA) Discover, Discuss, Decide Presentation Schedule May 10, 2016 Discovery — Texas Water Planning July 19, 2016 Discovery — Demands August 30, 2016 September 27, 2016 Discussion — Demands Discovery — Agreed Order Discovery — Current Supplies (and Model Updates) Discovery — Future Supplies* Discovery and Discussion — RFI Approach October/ November 2016 Discovery - Future Supplies Nov / Dec 2016 Decide — Adopt Water Management Plan * Studied by Region N Water Supply Discussion: Alternative Demand Projections Kristi Shaw, P.E., HDR Council Presentation August 30, 2016 FN Summary- Range of Water Demands (Previously Presented July 191 300,000 - 250,000 200,000 150,000 16 100,000 rti 50,000 0 —o—Scenario 1-TWDB & Region N (Scenario 2- Current Industrial Update —Historical 2000 2010 2020 2030 2040 2050 2060 2070 6 Council -Requested Alternative Based on Dr. Lee Studies Scenario 3- (New) 300,000 250,000 '5.200,000 - 150,000 _ 100,000 50,000 - 0 —Historical —AIL—Projection 2000 2010 2020 2030 2040 2050 2060 2070 7 Council -Requested Alternative Based on Dr. Lee Studies Scenario 3- (New) 300,000 250,000 200,000 - u - 150,000 - c 0 100,000 - 50,000 0 - 2000 2010 2020 2030 2040 2050 2060 2070 STWA-Municipal ! SPMWD-Municipal San Patricio-Industry Nueces-Industry CoCC+LCC Customers Municipal Water Demand (Ac-ft/yr) Summary - Range of Water Demands 300,000 250,000 200,000 150,000 100,000 50,000 —0—Scenario 1-TWDB& Region N Scenario 2- Current Industrial Update tScenario 3- Dr Lee's 1% Population Growth Est —Historical 0 2000 2010 2020 2030 2040 2050 2060 2070 9 Key Entities • USBR (US Bureau of Reclamation) — provided funding for and built Choke Canyon Reservoir (CCR) • TCEQ (Texas Commission on Environmental Quality) — Party to permit and agreed order • City (Corpus Christi) — Took operational responsibilities for CCR from USBR • NRA (Nueces River Authority) — Third party, independent pass-thru compliance assistance • NEAC (Nueces Estuary Advisory Council) — Monitor pass-thru implementation and make recommendations Who is NEAC? • Established by 1992 Interim Agreed Order • Continues through present • Composed of State agency staff, Port of Corpus Christi, Non Governmental Organizations (NGOs), industry, private citizens, university staff, CBBEP, customers, NRA, and representatives of parties to agreed order, including the City • Ray Allen, Rocky Freund and Bill Green are members Water Rights Permit - 1976 — Required for authorization of Choke Canyon Reservoir — To appropriate waters of the state in the Nueces River Basin — In order to protect the bays and estuaries, the State of Texas preserved inflows to the bay (151,000 AF— Special Condition 5b.) Since the 1976 Water Rights Permit Year iiiII=IiiiiiiiL 1990 First Order Technical Advisory Committee 1992 Agreed Order Nueces Estuary Advisory Council created, salinity credits 1995 Agreed Order Changed from 'mandatory releases' to 'passage of inflows', Drought Contingency Plan 2001 2007 Agreed Order Opened overflow channel, Rincon Bayou pipeline, adaptive management Senate Bill 3 Required state agencies to address environmental flows of streams and bays Freshwater Inflows - History, Benefits, and Science Ray Allen Executive Director Coastal Bend Bays & Estuaries Program Nueces River & Estuary Nueces River Corpus Christi Bay © 2016 Googl_. "- ' [,ata SIO. NOAA. LJ S Navy, NGA: GEB00 15 We Live in a Semi -Arid Area ARKANSAS co COAHUILA cNUEVO LEON ARCM eq111111 Mee 91.116e[152111 Average Annual Precipiration (in lnches) 196 990 ▪ 1.80 1-200 ▪ 140 1 400 111 320 -340 al 11111 N too al ,,t) so al 60 1-70 ▪ 1-60 MI 40 SO 3r3 -40 3043 35 5.i -10 2Q. •.... 25 1.5.1-20 .1 10 3 35 S 10 ▪ and ioss 16 History of the Reservoirs Nueces River Watershed • 1930 La Fruta Dam — Lake Lovenskiold • 1935 Mathis Dam — Lake Corpus Christi • 1958 Wesley Seale Dam — Lake CC • 1982 Choke Canyon Reservoir Nueces versus River � Coastal Plains rnd�a� Estuar 0 0 Figure 2.1.1. Location of the Nueces River Basin. Corpus Christi Changes in Freshwater Inflows • Freshwater inflows have been reduced by 47% into Nueces Estuary, and by 94% in the Upper Nueces Delta Mean River Flow Into Nueces 1940-1957 1958-1982 1983-2015 -0.8% 47.4% 0 500,000 1,000,000 ■ Acre Feet Mean River Flow Into Upper Nueces Delta 1940-1957 1958-1982 1983-1999 2007-2016 pipeline 1 100 000 ■ Acre Feet *Data not available for 1997 - 2000 *2007-2016 Rincon pipeline flows only, does not include natural overbanking from floods. 18 Benefits of Freshwater Inflows Healthy Bays - Healthy Economy - Quality of Life • Nature Tourism* • 47% of visitors are nature based • $674 million in visitor destination spending • $987 million total economic impact • Commercial and Recreational Fisheries • Quality of Life for people who live and play here *The Economic Significance of Tourism and Nature Tourism in Corpus Christi, Dr. Jim Lee, TAMUCC, 2014. Science: Environmental Flows "A schedule of flow quantities that reflects seasonal and yearly fluctuations that typically would vary geographically, by specific location in a watershed, and that are shown to be adequate to support a sound ecological environment and to maintain the productivity, extent, and persistence of key aquatic habitats in and along the affected water bodies." Science: Sound Ecological Environment • Sustains the full complement of native species in perpetuity; • Sustains key habitat features required by these species; • Retains key features of the natural flow regime required by these species to complete their life cycles; and • Sustains key ecosystem processes and services, such as elemental cycling and the productivity of important plant and animal populations. What Exactly do Freshwater Inflows do in the Nueces Estuary? Create environmental conditions that sustain biological productivity. i Corpus Christi Bay Estuary System Why is Salinity Important? ppt • Species prefer different salinities • Benefits are seen throughout the food chain 1 Smooth Cordgrass 10-25 ppt C Infauna 16-20 ppt Eastern Oyster 10-20 ppt Blue Crab 10-20 ppt Atlantic Croaker 8-22 ppt 5 10 15 ♦ 20 25 I I18 I I Salinity Indicator species profile showing salinity preferences in Nueces Delta and Nueces Bay. 10 351 40 Science: Senate Bill 3 Process • Nueces Basin & Bay Expert Science Team (BBEST) Historical and scientific review of estuary. Only estuary along Texas coast to not meet the definition of a Sound Ecological Environment. • Nueces Basin & Bay Area Stakeholder Committee (BBASC) Representing agriculture, recreation, municipalities, industrial water users, commercial fishing, public interests, regional water planning, etc. nvironmental Flaws Recommendations Report Final Submission to the Environmental Flows Advisory Group, Nueces River and Corpus Christi and Baffin Bays Basin and Bay Area Stakeholders Committee, and Texas Commission on Environmental Quality Nueces River and Corpus Christi and Raffia Rays Basin and Bay Expert Science Team October 2011 24 Studies and Research Since Choke • Salinity, tide, meteorological data collection • Studies to evaluate the monthly targets • Studies on the effectiveness of Rincon Bayou pipeline • Hydrodynamic modeling • Biological response 25 Key Points • A healthy Nueces Estuary requires freshwater inflows. • In Texas, other reservoir systems have pass-thru or release requirements (e.g. Lake Texana). • Nueces BBEST Finding: Nueces Bay was not a sound ecological environment. • Required inflow studies have been completed and are ongoing. Pass-Thru Requirements of the Agreed Order Rocky Freund Deputy Executive Director Nueces River Authority j<71/rI e,, /40 i 67 Watersheds • Reservoirs operated as a system to maximize water supply • Lake Corpus Christi — larger watershed, more likely to fill • Choke Canyon Reservoir - cooler, deeper reservoir — better storage • Pass-thru requirements released from Lake Corpus Christi What is Pass-Thru Requirement? • Measured inflow into the Choke Canyon / Lake Corpus Christi Reservoir System, UP to a target amount, is required to be passed through to the bays and estuaries. • Target, in the sense, is the maximum requirement under the agreed order. • Thus, no release from storage is ever required to meet the target. What Determines Target Amount? • Varies by current reservoir system storage (% of total capacity) • Varies by month (based on historic flow patterns) • Salinity relief credit reduces target amount Annual Total Targets 30,000 25,000 20,000 v Q10,000 - 5,000 Total Year Targets >70% 138,000 AF 40% - 70% 97,000 AF 30% - 40% 14,400 AF <30% = 0 AF Jan Feb Mar Apr May Jun Jul Aug ■30%-40% 40% - 70% w>70% Sep Oct Nov Dec 31 How is the inflow into Reservoir System Measured? Two computations: (1) Inflow = (NTRT*+FRTT+SMTT) — CCR But if sum <0, then alternate calculation (2) Inflow = NRTT+FRTT +SMTT+ARWT *(NTRT includes flows from NRTT, ARWT and CCR) 32 Frequently Asked Questions How does local rainfall affect pass-thru? • Any measured inflow into Nueces Bay, whether over the salt water dam at Labonte Park or through Rincon pipeline, counts toward pass-thru. Does city get credit for surplus inflows? • Yes, surplus inflow, into Nueces Bay & Delta, over required pass-thru can be carried forward to next month but only up to one-half of monthly target. • City also receives a 500 AF return flow credit every month that counts toward the pass-thru. How do salinity levels in Nueces Bay affect the Target Amount? • If the salinity levels at the official monitoring site meets specific criteria, which varies by month, then a salinity relief credit can reduce the target amount. • Examples: ■ In July 2016, the average salinity for 10 consecutive days was below 15 ppt, so the target was reduced by 50%. ■ In March 2016, the average salinity for 10 consecutive days was below 25 ppt, so the target was reduced by 25%. Note: City can use the salinity relief credit OR the surplus in any given month, not both. Has the City Ever Received Salinity Relief Credits? YES, 9 out of last 15 yrs. 80,000 70,000 60,000 tr Q 50,000 w 40,000 Qv 30,000 20,000 10,000 0 Salinity Relief Credit -1 N m - 0 0 0 0 o o 0 0 NNNN ill l..0 h. CO C 0 N Cr) - o o o o o o o o o o 0 0 0 0 0 0 NNNNNNNNNNN <5 ppt <10 ppt <15 ppt <SLB Targets vs Actual Pass-thrus vs Reservoir Levels w W LL 140,000 120,000 100,000 80,000 60,000 40,000 20,000 r -I N M 0 0 0 0 0 0 N N N Target Lf1 ,D N 00 0 O c -I N M I.!) 0 0 0 O O c -I c -I c -I c -I c -▪ I c -I 0 0 0 O O O 0 0 0 0 0 N N N N N N NNNNN Required Pass-Thru -Reservoir level 100 - 90 - 80 - 70 - 60 4' U - 50 o. 0 g - 40 - 30 - 20 - 10 0 36 Total Water Use*By Year Choke Canyon/Lake CC Reservoir Systems 350,000 300,000 250,000 ti 200,000 a 150,000 —4 100,000 50,000 k\ N\‘\ _ _ ,\s k\ k\ 0 0 N 00 0 0 0 0 0 0 N N N N • Use 00 00 00 0 0 0 0 0 0 N N N N co 0 0 00 o ti 0 ti ti 0 0 0 N N N N 1 0 N 1Evaporation D Required Pass-Thru 00 1 0 N 00 0 N *Does not include evaporation from rivers or channel loss between Choke Canyon Reservoir and Lake Corpus Christi. 00 .-i 0 N Total Water Use*: 2001-2015 474,654 AF 12% Required Pass-Thru 1,081,201 AF 26% 2,534,900 AF 62% * Does not include evaporation from rivers or channel loss Example Report Daily Reservoir System and Pass-Thru Status Report August 22, 2016 Prosposed Water 5 I Index Value a er up y n ex Stage J! Stage Name Under Review Reservoir Supply (AcFt); Stream Flow (AcFt); Evaporation (AcFt); Elevation (Ft); Rainfall (Inches); Temperature (°F) RESERVOIR STATISTICS COLORADO WATER SUPPLY Choke Canyon Reservoir Lake Corpus Christi CCR/LCC Combined Lake Texana Date Elevation Volume % Capacity Elevation Volume %Capacity Volume % Capacity Elevation Volume % Capacity FULL 220.5 695,271 100% 94.0 257,260 100% 952,531 100% 44.0 161,085 100% 08/22/2016 199.2 263,398 37.9% 88.7 166,517 64.7% 429,915 45.1% 44.2 163,121 101.3% 08/21/2016 198.4 252,149 36.3% 88.6 164,283 63.9% 416,432 43.7% 44.2 163,121 101.3% 07/22/2016 198.4 251,860 36.2% 88.6 164,920 64.1% 416,780 43.8% 43.0 151,919 94.3% 08/22/2015 199.0 261,031 37.5% 92.8 236,337 91.9% 497,368 52.2% 42.6 148,332 92.1% LAKE TEXANA WATER SUPPLY' COLORADO WATER SUPPLY Date Daily Intake MTD Non-Interrup ible Interruptible MTD YTD MTD YTD July YTD Remaining July YTD Remaining Daily Intake 08/21/2016 138 2,881 3,956 27,026 14,814 0 0 12,000 0 0 0 WEATHER RELATED INFORMATION Choke Canyon Reservoir Lake Corpus Christi CCR/LCC Combined 08/21/2016 MTD YTD 08/21/2016 MTD YTD MTD YTD Air Temp 83 89 Evaporation 147 5,809 49,799 298 5,769 56,264 11,578 1 106,063 Rainfall 0.63 7.55 24.36 0.88 5.83 15.85 Example: Stream Flows Stream Flows Gauging Station 08/21/2016 MTD NTRT Nueces River at Three Rivers, Texas 1,985 10,312 NRTT Nueces River at Tilden, Texas 1,788 8,372 FRTT Frio River at Tilden, Texas 1,792 2,109 SMTT San Miguel Creek at Tilden, Texas 4,625 6,213 ARWT Atascosa River at Whitsett, Texas 615 1,541 CCR Release from Choke Canyon Reservoir 58 1,209 NRMT Nueces River at Mathis, Texas (La Fruta Bridge) 359 5,653 NCAT Nueces River at CalaIlen, Texas 0 35 RBP Rincon Bayou Pipeline 195 1,791 CRWT Colorado River at Wharton, Texas 13,319 75,797 Reservoir In Flow Computed as: (NTRT+FRIT+SMTT)-Release from Choke Canyon 8,345 17,425 Exa m ple :1 nflows & Pass-Thru ESTUARY INFLOWS AND PASSTHRU REQUIREMENTS Target Passthru Monthly Target 5,000 5,000 Salinity Relief Credit 0 Effective Credit / -Deficit From Previous Month Date Deficit Satisfied 905 Return Flow Credit Effective 08/01/2016 SQfy Required Passthru Monthly Target 5,000 0 5,000 Reservoir Inflow 17,425 Estuary Inflows (NCAT + RBP) 1426 Passthru Surplus / -Deficit -1,769` Pass-Thru Requirement equals the lesser of Reservoir Inflow or Monthly Target: 5,000 AF 5,000 — 905 (Surplus from July) = 4,095 AF 4,095 — 500 (Return Flow Credit*) = 3,595 AF 3,595 —1,826 (Measured Estuary Inflow) = 1,769 AF remaining to be passed through * Note: Deficits from previous months have to be made up before return flow credit can be applied TAKEAWAYS • State of Texas had Water Rights to flow in Nueces River and retained that right with the construction of Choke Canyon. • State asserted its Water Rights when agreeing to City's Water Rights for Choke Canyon. The State's water was/is, in essence, used for the pass-thru. • Scientific basis for pass-thru and numerous studies • Pass-thru requirement has been tweaked, to City's advantage, since original 1976. • Robust monitoring system in place • Go to https://www.nueces-ra.org/CP/CITY/passthru/index.php to see daily, monthly inflows and pass-thru reports. • Reservoirs = our cheapest source of water • Critical in high demand periods when Mary Rhodes not sufficient to meet needs • Operate reservoirs paid for by CC water customers to maximize yield for customers with eye to safety of property downstream /124PGG'6\,il Discussion Presentation Schedule PIM May 10, 2016 Discovery — Texas Water Planning July 19, 2016 Discovery — Demands August 30, 2016 September 27, 2016 Discussion — Demands Discovery — Agreed Order Discovery — Current Supplies (and Model Updates) Discovery — Future Supplies* Discovery and Discussion — RFI Approach October/ November 2016 Discovery - Future Supplies Nov / Dec 2016 Decide — Adopt Water Management Plan * Studied by Region N