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Agenda Packet City Council - 08/17/2021
o',A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday,August 17, 2021 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: 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. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette M. Guajardo to call the meeting to order. B. Invocation to be given by Pastor Adam Carrington, Brooks AME Worship Center. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Julianna Gomez, Texas A&M University-Corpus Christi. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 21-1050 Commendation recognizing International Westside Astro's Pinto Pony League. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. City of Corpus Christi Page 1 Printed on 8/16/2021 City Council Meeting Agenda-Final-revised August 17, 2021 F. PUBLIC COMMENT -APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Information Technology (IT) Department at least 24 hours prior to the Meeting. Please contact IT at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. Briefing on the Replacement of IH-37 Bridge at Nueces River b. Budget and Finance Report - 3rd Quarter c Overview of Bay Jammin' Concert Series by John Nelson d. COVID-19 Update e. Seawater Desalination Update by Mike Murphy, Chief Operating Officer H BOARD AND COMMITTEE APPOINTMENTS: 2. 21-1046 Local Government Fare Review Committee (5 vacancies) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 3 - 19) 3. 21-1059 Approval of the August 10, 2021 Regular Meeting Minutes. sponsors: City Secretary's Office Consent-Second Reading Ordinances 4. 21-0802 Ordinance to establish a 15 member Capital Improvement Advisory Committee to advise on Infrastructure Master Plan and impact fees; adding section 2-60 to the Corpus Christi Code. sponsors: Development Services 5. 21-1032 Motion to appoint Rosie G. Collin, Jesus J. Jimenez, Rudy Garza, Moses Mostaghasi, Ramiro Munoz III, Trey Summers, Everett Roy, Alex H. Harris, City of Corpus Christi Page 2 Printed on 8/16/2021 City Council Meeting Agenda-Final-revised August 17, 2021 Gabe Guerra, Anne S. Mahaffey, Kim H. Schmid, and Velda G. Tamez to the Capital Improvement Advisory Committee. 6. 21-0759 Zoning Case No. 0521-01, Kitty Hawk Development, Ltd.: (District 5) Ordinance rezoning property at or near 9142 South Staples Street (FM 2444) from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District. (Planning Commission and Staff recommend Approval) sponsors: Development Services 7. 21-0761 Zoning Case No. 0621-02, Glenn Lyons: (District 3) Ordinance rezoning property at or near 5839 Williams Drive from the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District. (Planning Commission and Staff recommend Approval) sponsors: Development Services 8. 21-0790 Zoning Case No. 0621-03, Mostaghasi Investment Trust: (District 3) Ordinance rezoning property at or near 2302 County Road 43 from the "FR" Farm Rural District to the "RS-6" Single-Family 6 District. (Planning Commission and Staff recommend Approval) sponsors: Development Services 9. 21-0850 Ordinance adopting the procedure to terminate the campaign treasurer appointment of an inactive candidate or inactive specific-purpose political committee in accordance with Texas Election Code Section 252.0131; and amending the City Code of Ordinances, Chapter 2, Administration, with addition of new Section 2-7. sponsors: City Secretary's Office 10. 21-0649 Ordinance amending Corpus Christi Code Chapter 2, Article III to update City departments and functions; and amending Corpus Christi Code Chapter 39 to clarify payment of sick and vacation leave upon termination, retirement, or death. sponsors: Human Resources 11. 21-0805 Ordinance appropriating Airport Grant# 62 in an amount of$3,310,001.00 from the United States Department of Transportation-Federal Aviation Administration to the Airport CIP Grants Fund, amending the FY 2021 Capital Budget, and awarding a construction contract in an amount of $2,625,000.00 to Bay Ltd., Corpus Christi, Texas, for the Corpus Christi International Airport Rehabilitate Runway 13-31, Taxiway B, and Associated Improvements, with FY 2021 funding available from the Airport CIP Grants Fund. Sponsors: Engineering Services, Aviation Department and Contracts and Procurement 12. 21-1010 Ordinance adding Section 33-17 to Corpus Christi Code to prohibit City of Corpus Christi Page 3 Printed on 8/16/2021 City Council Meeting Agenda-Final-revised August 17, 2021 parking on an unimproved surface on residential lots; and providing for a penalty not to exceed $500 per violation. Sponsors: Neighborhood Services 13. 21-0999 Ordinance adding Section 49 - 16 to the Corpus Christi Code to prohibit sitting or lying in public right-of-way within the Corpus Christi Central Business District, North Beach, and Flour Bluff; and providing for penalty of up to $500 per violation. Sponsors: Neighborhood Services Consent-Public Safety First Reading Ordinances 14. 21-0889 Ordinance authorizing the acceptance of$32,965.90 from the Firehouse Subs Public Safety Foundation for a 12-Lead cardiac monitor to support the Corpus Christi Fire Department; and appropriating $32,965.90 into the Fire Grants Fund. Sponsors: Fire Department Consent- Contracts and Procurement 15. 21-0799 Motion authorizing a two-year service agreement with Crosstown Partners Inc., dba Sames Ford, of Corpus Christi, Texas, for a total amount not to exceed $543,000.00, for offsite repairs of Asset Management Fleet Ford vehicles, with FY 2021 funding in the amount of$45,200.00 available through the Fleet Maintenance Service Fund. Sponsors: Asset Management Department and Contracts and Procurement 16. 21-0620 Motion awarding a construction contract to Viking Industrial Painting, Omaha, Nebraska, for the restoration and rehabilitation of the Coral Vines Elevated Storage Tank, located in Council District 4, in an amount of $540,200.00, with FY 2021 funding available from the Water Fund. Sponsors: Engineering Services, Utilities Department and Contracts and Procurement 17. 21-0918 Resolution authorizing a five-year service agreement with Energy Worldnet, Inc., in an amount of$134,620.00 for management software that tracks and provides online training to meet licensure compliance for natural gas operators effective upon issuance of a notice to proceed, with FY 2021 funding in the amount of$2,243.67 available in the Gas Fund. Sponsors: Gas Department and Contracts and Procurement General Consent Items 18. 21-0826 Resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2021-2022. Sponsors: Finance &Business Analysis 19. 21-0827 Resolution authorizing enrollment in the Texas CLASS & Texas CLASS City of Corpus Christi Page 4 Printed on 8/16/2021 City Council Meeting Agenda-Final-revised August 17, 2021 Government Investment Pools. Sponsors: Finance &Business Analysis K. RECESS FOR LUNCH L. RECESS FOR A CORPORATION MEETING: (ITEM 20) 20. 21-1034 North Padre Island Development Corporation Annual Meeting Sponsors: Finance &Business Analysis M. RECONVENE CITY COUNCIL MEETING: N. PUBLIC HEARINGS: (ITEMS 21 - 22) 21. 21-0861 Zoning Case No. 0621-04, Date Tree Holdings, LLC. (District 1). Ordinance rezoning a property located at or near 4606 Gulfbreeze Boulevard from the "RM-AT" Multifamily AT District to the "RM-AT/PUD" Multifamily AT District with a Planned Unit Development. (Planning Commission and Staff recommend Approval) Sponsors: Development Services 22. 21-0862 Zoning 0621-05, MVR Construction Company: (District 3) Ordinance rezoning property at or near 6002 Greenwood Drive from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. (Planning Commission and Staff recommend Approval) Sponsors: Development Services O. INDIVIDUAL CONSIDERATION ITEMS: P. FIRST READING ORDINANCES: (ITEM 23) 23. 21-1005 Ordinance appropriating Airport Grant No. 65 for$4,103,307 from the Federal Aviation Administration pursuant to the American Rescue Plan Act (ARPA) to mitigate the fiscal effects stemming from the public health emergency caused by the COVI D-19 pandemic for costs related to operations, personnel, combating the spread of the COVID-19 virus at the airport, debt service payments, and other authorized ARPA uses at the Corpus Christi International Airport; and amending the FY 2020-2021 budget. Sponsors: Aviation Department Q. BRIEFINGS: (ITEMS 24 - 25) 24. 21-0811 Proposed Recycling Education and Inspection Program to reduce contamination in recycling waste. Sponsors: Solid Waste Operations City of Corpus Christi Page 5 Printed on 8/16/2021 City Council Meeting Agenda-Final-revised August 17, 2021 25. 21-1057 Tax Year 2021 Truth in Taxation Briefing sponsors: Finance &Business Analysis R. EXECUTIVE SESSION: S. ADJOURNMENT City of Corpus Christi Page 6 Printed on 8/16/2021 LOCAL GOVERNMENT FARE REVIEW COMMITTEE Five(5)vacancies.(Per Section 451.061 of the Transportation Code,five members of the City Council serve on the committee and must be appointed by the City Council.Mayor Guajardo is recommending the appointment of the following Council Members,subject to Council approval:John Martinez,Michael Hunter,Billy Lerma,Mike Pusley and Ben Molina) Background The Corpus Christi Regional Transportation Authority(CCRTA)has approved restructuring the fares for fixed route and paratransit services.State law requires the creation of a Local Government Fare Review Committee to consider approval of the recommended fare restructuring. Duties Fares,tolls,charges,rents and other compensation established by the CCRTA may not take effect until approved by a majority vote of the Local Government Fare Review Committee. Composition The Local Government Fare Review Committee is comprised of five members of the Corpus Christi City Council,three members of the Nueces County Commissioners Court,and three of the small city mayors(Agua Dulce,Bishop,Driscoll,Gregory,Port Aransas,Robstown,and City of San Patricio).The representatives from the City Council must be appointed by the City Council at a regular meeting. AppointingName Term Appt.date John Martinez 1 8/17/2021 City Council New City Michael Hunter 1 8/17/2021 City Council New City Billy Lerma 1 8/17/2021 City Council New City Mike Pusley 1 8/17/2021 City Council New City Ben Molina 1 8/17/2021 City Council New City Barbara Canales 1 3/11/2020 Nueces County Active Nueces County John Marez 1 3/11/2020 Nueces County Active Nueces County Brent Chesney 1 3/11/2020 Nueces County Active Nueces County Vacancy 1 N/A Active Mayor of Small Cities Vacancy 1 N/A Active Mayor of Small Cities Vacancy 11 N/A I I JActive I Mayor of Small Cities Vacancy 11 N/A I I JActive I Mayor of Small Cities 8-17-2021 City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,August 10, 2021 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette M. Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:35 a.m. B. Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle Church. Pastor Jerry Ward, Lighthouse Tabernacle Church, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Alyssa Santillana, Texas A&M University-Corpus Christi Student. In lieu of Alissa Santillana, Allie Siegler, Texas A&M University-Corpus Christi Student, led the Pledge of Allegiance to the Flag of the United States and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. 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 Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present: 9- Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith E. Proclamations /Commendations Mayor Guajardo presented a Proclamation declaring August 23, 2021 as "50th Anniversary Day" for the Frame Up. President and CEO of the Corpus Christi Black Chamber of Commerce Coretta Graham presented a check to the Mayor's Disaster Fund. City of Corpus Christi Page 1 Printed on 811312021 City Council Meeting Minutes August 10, 2021 F. PUBLIC COMMENT -APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Information Technology (IT) Department at least 24 hours prior to the Meeting. Please contact IT at 826-3211 to coordinate. This is a public hearing for all items on this agenda. Mayor Guajardo opened the public comment period. Kelly Bavo spoke on behalf of Dennis Machen, 13933 Windjammer Dr., in support of Item #21. John Flores, 4102 Western Dr., spoke regarding tort reform. Jack Gordy, 4118 Bray Dr., spoke regarding the lawsuit that the federal government filed against the City of Corpus Christi. Maria Ventura, 1438 Brentwood, spoke regarding pothole issues on residential streets, but specifically at Annapolis and Staples St. Kimberly Lane, 2543 CR 2028, Aransas Pass, spoke regarding animal control regulations. Melissa Zamora, 3917 Brawner Pkwy., spoke in opposition to the desalination plant in that permits have not been approved yet. Brandon Marks, 319 Rosebud and Jim Klein, 3501 Monterrey St., spoke in opposition to the desalination plant budget and against the community budget input sessions being held virtually. Richard Nunez, 7022 Brandon Dr. and Isaac Colmenero, 1711 Ausela, spoke in support of Item #18. The following citizens spoke in opposition to Item #21: Jeannette Protzeller, 13850 Halyard Dr.; John C. Minners, 13902 Eaglesnest Bay Dr.; Frank Jackson, 13949 Seafarer Dr.; Alex Karis, 14145 Palo Seco Dr.; Daniel Davidson, 13838 Mizzen St.; Franklin Stover, 13817 Longboat Dr.; Ted Mandel, 15306 Key Largo Ct.; Marvin Jones, 15313 Beaufort Ct.; Patti Baker, 15341 Tortuga Ct.; Janelle Payne, 13813 Mizzen St.; Debbie Fitch, 15201 Isla Pinta Ct.; Todd Hunter, Jr., 13526 Catamaran Dr.; Pam Schuchart, 14106 Cutlass; Felicia Krumbeck, 14818 Cobo de Bara; and Sylvia Rendon, City of Corpus Christi Page 2 Printed on 811312021 City Council Meeting Minutes August 10, 2021 15370 Mutiny Ct. The following citizens submitted written public comments in opposition to Item No. 27, which are attached to the minutes: Joe Rucinski, 15121 Dasmarinas Dr.; Frank Jackson, 13949 Seafarer Dr.; Natalie Camargo, 15625 Cuttysark St.; Kristin and Dave Allen, 14234 Sand Dollar Ave.; Aaron Davis, 14209 Cabo Blanco Dr.; and Evan Renaud, 4002 Brawner Parkway. The following citizen submitted a written public comment in favor of Item #27 which is attached to the minutes: Diana Brackenridge, 14733 Dasmarinas Drive. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Guajardo referred to City Manager's Comments. a. COVID - 19 Update Director of Public Health Annette Rodriguez gave an update on the COVID-19 numbers. Governor Abbott stated that he will be sending out of state hospital personnel to Texas. b. Community Budget Input Sessions Overview City Manager Peter Zanoni reported that due to the increase in COVID-19 cases, the Community Budget Input Sessions will be held virtually. The first community budget input session was held on August 9th. Police Chief, Fire Chief and other staff members participated in the work sessions. Four additional community input sessions will be held over the next two weeks. The next community budget input sessions will be held on August 11th-District 2, August 12th-District 3, August 16th-District 4 and August 18th-District 5. C. Games of Texas Update by Neiman Young, Assistant City Manager Assistant City Manager Neiman Young gave a brief update regarding the success on the Games of Texas in Corpus Christi. A Council Member commended the Parks and Recreation department for a job well done. d. Seawater Desalination Update by Mike Murphy, Chief Operating Officer Chief Operating Officer Mike Murphy presented information on the following topics: status of TCEQ application for water right permit at Inner Harbor; CC Polymers tour with Councilman Pusley; meeting debrief with PICC; Seven Seas; seawater desalination project; team meeting; and next steps. Council Members and Chief Operating Officer Murphy discussed the following topics: a Council Member would like to see continued communication with the Port on the status of City of Corpus Christi Page 3 Printed on 811312021 City Council Meeting Minutes August 10, 2021 their permits; the Seawater Desalination team does plan on meeting with the Evangeline group; and an alternative atmospheric water generation removes the water from the environment. H. BOARD &COMMITTEE APPOINTMENTS: 1. 21-0957 Arts & Cultural Commission (3 vacancies) Sister City Committee (3 vacancies) Mayor Guajardo referred to Item 1. The following board appointments were made: Arts & Cultural Commission: Wallace Echols (Reappointed) Abu Waheedzzaman (Reappointed) Sarah Sells Morgan (Appointed) Sister City Committee: Mark Arnold (Reappointed) Melody Cooper (Reappointed) Adria Vasquez (Appointed) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 2 - 17) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items 12, 16 and 17 be pulled for individual consideration. A motion was made by Mayor Guajardo, seconded by Council Member Hunter to approve the Consent Agenda with the exception of Items 12, 16 and 17. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 2. 21-0989 Approval of the July 20, 2021 and July 27, 2021 Regular Meeting Minutes, and the July 21, 2021 Workshop Minutes. The Minutes were passed on the consent agenda. Consent-Second Reading Ordinances 3. 21-0881 Ordinance authorizing the delegation of the issuance of City of Corpus Christi, City of Corpus Christi Page 4 Printed on 811312021 City Council Meeting Minutes August 10, 2021 Texas Certificate of Obligations, Series 2021 related to Solid Waste and City Facilities improvements in an amount not to exceed $18,500,000, within set parameters and according to the plan of finance set by the City's financial advisors to the City Manager, Chief Financial Officer, or Director of Finance and Business Analysis and authorizing other matters incident and related thereto. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032507 4. 21-0887 Ordinance authorizing the delegation of the issuance of City of Corpus Christi General Improvement Refunding Bonds, Series 2021, refunding various series in an amount not to exceed $60,000,000, within set parameters and according to the plan of finance set by the City's financial advisors to the City Manager, Chief Financial Officer, or Finance Director and authorizing other matters incident and related thereto. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032508 Consent- Contracts and Procurement 5. 21-0687 Motion authorizing a two-year service agreement for parts and installation of equipment for Police marked units for a total amount not to exceed $347,759.22 with CAP Fleet Upfitters, LLC., from Houston, Texas, with FY 2021 funding in an amount not to exceed $103,723.40 available through the FY 2021 Fleet Equipment Replacement Fund. This Motion was passed on the consent agenda. Enactment No: M2021-156 6. 21-0544 Resolution authorizing a five-year service agreement with Rotork Controls, Inc. of Houston, Texas, in an amount not to exceed $162,802.27 for preventative maintenance, repairs, and purchase of motors for Rotork Actuators at the Wesley Seale Dam, with FY 2021 funding in the amount of$10,853.48 available in the Water Fund. This Resolution was passed on the consent agenda. Enactment No: 032509 7. 21-0654 Motion authorizing a one-year service agreement with Environmental Improvements, Inc. of Houston, Texas in an amount not to exceed $253,999.92 for nine cylindrical polyethylene storage tanks (12-foot diameter, 14-foot height) for 50% concentrated caustic soda for O. N. Stevens Water Treatment Plant, effective upon issuance of notice to proceed, with FY 2021 funding in an amount of$253,999.92 available through the Utilities Department Water Fund. This Motion was passed on the consent agenda. City of Corpus Christi Page 5 Printed on 811312021 City Council Meeting Minutes August 10, 2021 Enactment No: M2021-157 8. 21-0806 Motion authorizing a three-year supply agreement with Carbonfilt, LLC of Venice, Florida, for a total amount not to exceed $1,508,240.00 for filter media replacement at the O. N. Stevens Water Treatment Plant, with FY 2021 funding in an estimated amount of$83,791.11 available through the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2021-158 9. 21-0833 Motion authorizing a one-year service agreement with Camiros, Ltd. of Chicago, Illinois, in an amount of$125,000.00, to update the Unified Development Code, effective upon issuance of a notice to proceed, with FY 2021 funding in an amount of$125,000.00 in the Development Services Fund. This Motion was passed on the consent agenda. Enactment No: M2021-159 10. 21-0766 Motion authorizing a three-year supply agreement, with two additional one-year options, with Vulcan Construction Materials, LLC. of San Antonio, Texas, for Aggregate Trap Rock for Public Works for an estimated amount of $1,552,500.00, with an estimated potential amount not to exceed $2,635,500.00 if both one-year option periods are exercised, with FY 2021 funding in an amount not to exceed $86,250.00 available through the Streets Maintenance Fund. This Motion was passed on the consent agenda. Enactment No: M2021-160 Consent- Capital Projects 11. 21-0768 Motion awarding a Master Services Agreement to LJA Engineering, Inc., Corpus Christi, Texas, for the development and implementation of a Storm Water Infrastructure Indefinite Delivery Indefinite Quantity program, which includes professional engineering services for Bridge Rehabilitation, Channel Ditch Improvements, and City Wide Storm Water Infrastructure Rehabilitation/Replacement, in an amount up to $500,000 for a one-year term, with two renewal options to be administratively authorized for a total amount not to exceed $1,500,000, with FY 2021 funding available from Storm Water Capital Fund. This Motion was passed on the consent agenda. Enactment No: M2021-161 12. 21-0875 Resolution awarding a construction contract to Reytec Construction Resources, Inc., Houston, Texas, for the Concrete Street Improvements Indefinite Delivery Indefinite Quantity program for concrete work repairs, in an amount up to City of Corpus Christi Page 6 Printed on 811312021 City Council Meeting Minutes August 10, 2021 $1,000,000.00 for the initial term, with a one-year renewal option to be administratively authorized for a total amount not to exceed $2,000,000.00, with FY 2021 funding available from the Streets Fund. Mayor Guajardo referred to Item 12. Council Members and Director of Public Works and Streets Richard Martinez discussed the following topics: the selected street segments were last reconstructed in 2014; there is a maintenance cost associated with concrete streets; asphalt street maintenance is being handled in-house; due to high cost of equipment, concrete street maintenance is being contracted out; the FY 2021-22 proposed budget includes funding for a third street maintenance crew for asphalt streets; and in 2023 a fourth crew will be recommended. Council Member Smith made a motion to approve the resolution, seconded by Council Member Hernandez. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032510 13. 21-0422 Motion awarding a construction contract to JBT Aero Tech Corporation of Ogden, Utah for the Corpus Christi International Airport Improve Terminal Building - Passenger Boarding Bridges Project, in an amount of$4,422,288.50 with FY 2021 funding available from the Airport CIP Grants Fund. This Motion was passed on the consent agenda. Enactment No: M2021-162 14. 21-0879 Resolution authorizing a service agreement with Fountain-Works, LLC of Pearland, Texas in an amount not to exceed $61,759.25 to repair the ultraviolet (UV) system, filtration system, and chlorinator on the Shoreline Fountain located on the Bayfront, effective upon issuance of notice to proceed, with the funding available through the Seawall Capital Fund. This Resolution was passed on the consent agenda. Enactment No: 032511 General Consent Items 15. 21-0575 Motion authorizing a five-year service agreement with Enel X North America, Inc. of Boston, Massachusetts, for air emission upgrades to three diesel generators at the O.N. Stevens Water Treatment Plant and management of the City's participation in the Electric Reliability Council of Texas (ERCOT) Demand Response Program, with total estimated payment revenues to the City of $322,000 for helping ERCOT reduce the possibility of blackouts by participating City of Corpus Christi Page 7 Printed on 811312021 City Council Meeting Minutes August 10, 2021 in the Demand Response Program. This Motion was passed on the consent agenda. Enactment No: M2021-163 16. 21-0785 Motion authorizing the purchase of two tracts of parcels located at 4229 & 4233 South Port Avenue for Gas Department parking lot expansion, located in Council District 3, in an amount of$255,000.00 with FY 2021 funding available from the Gas Fund. Mayor Guajardo referred to Item 16. Council Members, Director of Engineering Services Jeff Edmonds, City Manager Peter Zanoni, City Attorney Miles Risley, and Director of Gas Operations Bill Mahaffey discussed the following topics: Council Members' concern of not being briefed about the purchase of this property; the City will lose $25,000 if this property is not approved by Council; purchase price of$255,000 warrants Council review; contract was signed in June without council approval; why eminent domain was not recommended; and this is an option contract that only obligates the City to expend the $25,000, which is under $50,000 threshold requiring Clty Council approval. Council Member Pusley made a motion to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 2- Council Member Hernandez and Council Member Lerma Abstained: 0 Enactment No: M2021-164 17. 21-0863 Resolution to consider a proposed ad valorem tax rate of no more than $0.646264 per$100 valuation for Fiscal Year (FY) 2022, taking a record vote, and setting the date for the City of Corpus Christi's proposed FY 2022 budget and proposed FY 2022 ad valorem tax rate public hearing and first reading ordinances on August 31, 2021 with adoption of the FY 2022 budget and FY 2022 ad valorem tax rate on September 7, 2021. Mayor Guajardo referred to Item 17. Council Members, Director of Finance Heather Hurlbert, Chief Financial Officer Constance Sanchez and City Manager Peter Zanoni discussed the following topics: the purpose of this item is to set the date for the tax rate above the no new revenue rate and requires a record vote. Council Member Barrera made a motion to approve the resolution, seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: City of Corpus Christi Page 8 Printed on 811312021 City Council Meeting Minutes August 10, 2021 Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032512 K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 3:59 p.m. Mayor Guajardo reconvened the meeting at 4:32 p.m. L. PUBLIC HEARINGS: (ITEMS 18 - 22) 18. 21-0880 Variance Case No. 21ZN1026, Adam Stern: (District 2); Resolution granting a variance under Corpus Christi Code Section 4-5 to allow Voodoo Promotions, LLC to operate an alcohol beverage establishment with on-premise consumption on the property located at 1911 South Staples Street within 300 feet of a school. Mayor Guajardo referred to Item 18. Director of Development Services Al Raymond presented information on the following topics: request; purpose; former"Pleasures" adult club; background of spacing regulations; Staples Street looking southwest; Staples Street looking east; timeline; required findings for variance approval; factors against the variance; and staff recommends denial of the request for a variance. Council Members and Director Raymond discussed the following topics: alternative uses for the property under the proposed zoning would be an indoor game room or a restaurant; and staff had not spoken with the school but the applicant had. Mayor Guajardo opened the public hearing. Applicant Adam Stern stated that this will be an upscale jazz club, a dress code will be enforced, and only 75% of their sales can come from alcohol; food will be served; and had a positive conversation with the school. Council Members and Mr. Stern discussed the following topics: the building will be painted; and the applicant is still not sure if there will be a cover charge or a "membership" fee for private club; and the site cannot operate a sexually oriented business. William Skrobarczyk, 711 N. Carancahua and Lori Stern, 5325 Wild Olive Trail, spoke in support of this Item. Dorothy Span, 502 Del Mar Blvd.; Maria Ochoa, 509 Del Mar Blvd.; Paul Perez, 533 City of Corpus Christi Page 9 Printed on 811312021 City Council Meeting Minutes August 10, 2021 Cole; and Gloria Garza, spoke in opposition to this item. City Secretary Rebecca Huerta read the following written public comments in support of this item into the record and are attached to the minutes: Jeff Kane, 4126 Meridian Place and Emily Stadnicki, 1604 Casa Grande St., Pasadena, CA. Mayor Guajardo closed the public hearing. Council Member Molina made a motion to approve the resolution, seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032513 19. 21-0759 Zoning Case No. 0521-01, Kitty Hawk Development, Ltd.: (District 5) Ordinance rezoning property at or near 9142 South Staples Street (FM 2444) from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 19. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern and adjacent development; public notification; and planning commission and staff recommend approval. Council Members, Director Raymond, and Director of Public Works and Streets Richard Martinez discussed the following topics: a Council Member's concern about the drainage in this area; and the developer will build the road to access this property; property will use septic tanks; and in response to a Council Member's concerns, Mr. Raymond said staff would discuss if the developer planned to contribute toward the construction of County Road 41 and address appropriate drainage in the area. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Lerma. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith City of Corpus Christi Page 10 Printed on 811312021 City Council Meeting Minutes August 10, 2021 Abstained: 0 20. 21-0761 Zoning Case No. 0621-02, Glenn Lyons: (District 3) Ordinance rezoning property at or near 5839 Williams Drive from the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 20. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern and adjacent development; public notification; and planning and staff recommend approval. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Barrera 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: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Smith Abstained: 1 - Council Member Pusley 21. 21-0765 Zoning Case No. 0621-01, Joshua and Jasania Morales: (District 4) Ordinance rezoning property at or near 13845 Mizzen Street from the "RS-6" Single-Family 6 District to "RS-6/SP" Single-Family 6 District with a Special Permit. (Planning Commission recommends Denial and Staff recommends Approval) (3/4 vote will be required due to opposition by surrounding property owners and Planning Commission recommends Denial) Mayor Guajardo referred to Item 21. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern and adjacent development; public notification; planning commission recommends denial and staff recommends approval with special permit; bed and breakfast home requirements; and UDC requirements. Council Members, Director Raymond, Code Compliance Program Manager Liza Lopez, City Manager Peter Zanoni and City Attorney Miles Risley discussed the following topics: short-term rentals are not allowed in R-6 neighborhoods on the island and the ordinance needs to be enforced; code enforcement issues citations for short-term rentals; a town hall meeting will be scheduled on the island regarding short-term rentals when COVID City of Corpus Christi Page 11 Printed on 811312021 City Council Meeting Minutes August 10, 2021 numbers go down; and a Council Member requested that $50,000 be included in code enforcement's budget for sting operations. Mayor Guajardo opened the public hearing. Robert Algae, 15629 Three Fathoms Bank Dr. stated that he is not opposed to short-term rentals where the zoning is appropriate. City Secretary Rebecca Huerta read the following written public comments into the record in opposition to Item #21 which are attached to the minutes: Brenda Pack, 13926 Longboat Dr.; Jay Green, 15733 Finistere St.; April Green, 15733 Finistere St.; Roy Sharp, 15037 SPID; Michael Starek, 15917 Cabo Blanco; Candace Tidmore, 15322 Bowsprit Ct.; John Smelley, 15361 Key Largo; Andrew Millman, 13609 Moro Lane; Patti Baker, 15341 Tortuga Ct.; Sheila Trudeau, 13730 Three Fathoms Bank Dr.; Myla Ustymenko, 16121 Jessamine St.; John Pasch, 13734 Three Fathoms Bank Dr.; Jim and Cindy Jory; Susan Kocian, 13533 Peseta Ct.; Kay Buchanan, 13826 Mizzen St.; Jim Flowers, 15638 Cuttysark St.; Kay Buchanan, 13826 Mizzen St.; Chris Hornberger, 14514 E. Cabana St.; Greg and Darla Gierczak, 13918 EI Soccorro Loop; Dennis Hanson, 13818 Eaglesnest Bay Dr.; Elise Lippincott, 13557 Peseta Ct.; Jean Rene Ebelt, 15361 Beaufort Ct.; Marilyn Litt, 15842 Portillo Dr.; Royce Wells, 15717 Cuttysark St.; Taunya Luna, 13525 Peseta Ct.; Debbie Wall, 15909 Punta Bonaire Dr.; Frank Jackson, 13949 Seafarer Dr.; and Kristin and Dave Allen, 14234 Sand Dollar Ave. City Secretary Rebecca Huerta read the following written public comment into the record in favor of Item #21 which is attached to the minutes: Jacob Manich, 15853 Cuttysark St. Mayor Guajardo closed the public hearing. Council Member Smith made a motion to deny the zoning request on 13845 Mizzen Street, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 22. 21-0790 Zoning Case No. 0621-03, Mostaghasi Investment Trust: (District 3) Ordinance rezoning property at or near 2302 County Road 43 from the "FR" Farm Rural District to the "RS-6" Single-Family 6 District. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 22. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern and adjacent development; public notification; and City of Corpus Christi Page 12 Printed on 811312021 City Council Meeting Minutes August 10, 2021 planning commission and staff recommend approval. Council Members, Director Raymond and Director of Water Utilities Kevin Norton discussed the following topics: a Council Member would like to ensure the capacity in the wastewater system; this particular zoning plat is for 376 homes; none of this property is in the flood zone; the layout meets RS-6, but the developer is requesting RS-4.5; and a Council Member's concern about overtaxing the infrastructure. Mayor Guajardo opened the public hearing. A Council Member and Representative and Engineer of Mostaghasi Investment Trust Juan Perales discussed the following topics: some preliminary reviews have been done on the wastewater system, but more details will be provided when the actual development of the construction plans occur; and the lots are over 6,000 square feet, so it should not affect the proposed development. Mayor Guajardo closed the public hearing. Council Member Hernandez made a motion to amend the ordinance the RS-4.5 in lieu of an RS-6 zoning, seconded by Council Member Lerma and passed unanimously. Council Member Barrera-absent. Council Member Hernandez made a motion to approve the ordinance as amended, seconded by Council Member Lerma. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Barrera Abstained: 0 M. INDIVIDUAL CONSIDERATION ITEMS: N. FIRST READING ORDINANCES: (ITEMS 23 -28) 23. 21-0802 Ordinance to establish a 15 member Capital Improvement Advisory Committee to advise on Infrastructure Master Plan and impact fees; adding section 2-60 to the Corpus Christi Code. Mayor Guajardo referred to Items 23-28. Council Member Pusley made a motion to approve Items 23-28 with the exception of Items 25 and 27, seconded by Council Member Lerma. These Ordinances were passed on first reading and approved with the following vote: City of Corpus Christi Page 13 Printed on 811312021 City Council Meeting Minutes August 10, 2021 Aye: 8- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Barrera Abstained: 0 24. 21-0850 Ordinance adopting the procedure to terminate the campaign treasurer appointment of an inactive candidate or inactive specific-purpose political committee in accordance with Texas Election Code Section 252.0131; and amending the City Code of Ordinances, Chapter 2, Administration, with addition of new Section 2-7. See Item 23. Aye: 8- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Barrera Abstained: 0 25. 21-0649 Ordinance amending Corpus Christi Code Chapter 2, Article III to update City departments and functions; and amending Corpus Christi Code Chapter 39 to clarify payment of sick and vacation leave upon termination, retirement, or death. Mayor Guajardo referred to Item 25. Director of Human Resources Eyvon McHaney stated that an updated copy of the ordinance was submitted to further clarify the language of sick leave upon termination; and to update the word 'offices" to "departments". Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Barrera Abstained: 0 26. 21-0805 Ordinance appropriating Airport Grant# 62 in an amount of$3,310,001.00 from the United States Department of Transportation-Federal Aviation Administration to the Airport CIP Grants Fund, amending the FY 2021 Capital Budget, and awarding a construction contract in an amount of$2,625,000.00 to Bay Ltd., Corpus Christi, Texas, for the Corpus Christi International Airport Rehabilitate Runway 13-31, Taxiway B, and Associated Improvements, with FY 2021 funding City of Corpus Christi Page 14 Printed on 811312021 City Council Meeting Minutes August 10, 2021 available from the Airport CIP Grants Fund. See Item 23. Aye: 8- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Barrera Abstained: 0 27. 21-1010 Ordinance adding Section 33-17 to Corpus Christi Code to prohibit parking on an unimproved surface on residential lots; and providing for a penalty not to exceed $500 per violation. Mayor Guajardo referred to Item 27. Mayor Guajardo asked for public comment. Robert Algae, 15629 Three Fathoms Bank Dr., spoke in opposition to this item and suggested another solution. Interim Director of Neighborhood Services Tracey Cantu stated that this policy has allowable exceptions, and gravel and rocks on the island are considered improved surfaces. Council Member Pusley 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: 8- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Barrera Abstained: 0 28. 21-0999 Ordinance adding Section 49 - 16 to the Corpus Christi Code to prohibit sitting or lying in public right-of-way within the Corpus Christi Central Business District, North Beach, and Flour Bluff; and providing for penalty of up to $500 per violation. See Item 23. Aye: 8- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Barrera Abstained: 0 City of Corpus Christi Page 15 Printed on 811312021 City Council Meeting Minutes August 10, 2021 O. BRIEFINGS: (ITEMS 29 - 30) 29. 21-0838 Al Kruse Tennis Center Pickleball Renovation Project Presentation Mayor Guajardo referred to Item 29. Interim Director Dante Gonzalez presented information on the following topics: background; Al Kruse Tennis Center; why convert courts; original plan; amended plan; courts; surrounding area pickleball tournaments; and love tennis and education-way ahead. Council Members, Interim Director Gonzalez and Director of Al Kruse Tennis Center Ronald Elizondo discussed the following topics: the Al Kruse Tennis Center is well maintained; HEB Tennis Center has temporary pickleball courts; and the possibility of expanding Al Kruse Tennis Center to other locations in the future. 30. 21-1006 HALFF Associates, Inc. will provide a mid-point update for the Bill Witt Park Master Plan and the 10-Year Parks Recreational Plan along with Virtual Town Hall meeting room and park mapping tools update. Mayor Guajardo referred to Item 30. Director of HALFF Associates Inc. James Hemenes presented information on the following topics: virtual engagement launch; overview; project team; project timeframe; park system assessment methods; demand-based assessment; resource-based assessment; access-based assessment; conditions-based assessment; Bill Witt Park master site plan; and next steps. Council Members, Director Hemenes, Interim Director of Parks and Recreation Dante Gonzalez and City Manager Peter Zanoni discussed the following topics: a Council Member stated that some of the parks on the map are not City parks, they are County parks; and a Council Member's request for the swimming pool at Bill Witt Park to be a competition pool. P. EXECUTIVE SESSION: None Q. ADJOURNMENT There being no further business, Mayor Guajardo adjourned the meeting at 6:03 p.m. City of Corpus Christi Page 16 Printed on 811312021 Norma Duran From: JotForm <noreply@jotform.com> Sent: Sunday, August 8, 2021 7:37 PM To: CitySecretary; Norma Duran Subject: [EXTERNAL]Public Input: 08-10-2021 - Jacob Manich [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] �'a y wv�._ s „mac _a's,• a+ 4d,�+,4��fi��A"i++se,+'� �aF�-�^'^.?:�- ? mil -Public Comment fir. input Form Date of Meeting 08-10-2021 Name Jacob Manich Address Street Address: 15853 Cuttysark St City: Corpus Christi State/ Province:TX Postal/Zip Code: 78418 Topic RS-6 Single Family 6 District Agenda Item Number 0621-01 Describe Feedback: Document attached Uploads: BNB.docx Provide an email to receive a copy of your manichjacob@yahoo.com submission. 1 Good morning, Thank you for offering a venue to voice concerns to those unable to attend the meetings in person today. My name is Jacob Manich and I have lived in Corpus Christi for just about two years,though I lived here previously from 2014-2016. 1 believe that allowing home owners to apply for, and be approved,for a special permit to host a Bed and Breakfast allows for the appropriate oversight to operate such a business while also providing the homeowner an opportunity, not currently afforded,to cover expenses of owning a home. Properly managed properties allow people to enjoy what many of us have come to love about Corpus Christi while infusing our local economy with funds that otherwise would be spent elsewhere. From a personal perspective this also allows homeowners, like me, who are here on military orders an opportunity to cover expenses that other local homeowners don't have to worry about. For military families when you are ordered to move you obviously have to go,while the housing market is great for sellers right now,this might not always be the case. Military families could only have the choice between long term renters or to sell the property, possibly at a loss,where most homeowners here could just wait to sell or move until the market improves. Having another option, in the BnB application, greatly reduces the risk of homeownership and with the proper application and permitting process could be a great thing for all of Corpus Christi.Thank you for your time. Jacob Manich • THE LAw OFFICE of August 10,2021 JEFFREY F. KANE i TO: Corpus Christi City Council RE: 1911 Tavern Proposal for Liquor Permit at 1911 S. Staples St. j Respected Members of the Council; f� r Ii I come before you today to urge your support for the proposal of Mr. Adam Stern to open the 1911 Tavern in the location occupied by the former liquor license-holder at that location,"Pleasures". We are all well aware of the urban blight that area of the Del Mar neighborhood has suffered 5337 Yorktown Blvd. over the years. Six Points was,at one time,a large part of the beating heart of commerce in our Suite 5-2 city.We all know what's transpired there and in downtown.Only now are downtown revitalization efforts beginning to take hold.Those efforts are beginning to take hold because Corpus Christi, TX 7813 venues that attract citizens and tourists have opened,bringing vitality to the area. T' 361.371.-71.86 F 833.735.0150 The proposed business will be the polar opposite of the former license-holder that occupied the jfk@jeffkanelaw.com address. Instead of a sexually oriented business;a music venue is proposed,one that will highlight and showcase live jazz and blues,two musical genres that are woefully _ underrepresented and under-presented in Corpus Christi. EI Were the prior license surrendered years ago,arguments of change of character or impact to the neighborhood might resonate.Here,we have a license that was surrendered only in August of 0 2021 2020.Less than a year.Were a liquor license proposed where no such licensee had operated before,community arguments might have marc weight.But the conditions that exist were present long before now,and a grant of this license will not have an adverse impact on the GffY SEC. 1 TAFJ'' ;` � fflCf:" character of the neighborhood. I put forth that the effects will be quite the contrary. Further;the Supreme Court of the State of Texas decided in Dallas Merchant's and Concessionaire's Assn v. City of Dallas,decided that, in non-residential areas,the Texas Alcoholic Beverage Code exclusively governs the regulation of alcoholic beverages except as provided by the TABC.My understanding is that the premises is zoned non-residential CN-1. For such areas,my understanding is that relevant portions of the Code supersede home-rule city zoning regulations and ordinances. The standards and restrictions permitted under§ 109.33 state that the proper measurement for a restriction under the section is along property lines, from door to door.Caselaw from the 131 Court of Appeals of Texas,supports this contention. In Helms v. Texas Alcoholic Beverage Com'n,the 13"CoA held that,although a measurement from door to door in a direct line may have been 250 feet,the premises in question were outside the 300 foot distance measured in accordance with the regulations. if the contention for the refusal is that the measurement is from the edge of the property line to the edge of the property line,that is an interpretation unsupported by code or case-law.Attached please find a copy of the statute and the relevant cases. Very truly yours, Jeffrey F Kane Proud Corpus Christi Resident, and Uncompensated Supporter of Live Music Dallas Merchant's and Concessionaire's Ass'n v.City of Dallas,852 S.W.2d 489(1993) In this cause, we consider whether an ordinance of a 852 S.W.2d 489 home-rule city prohibiting the sale of alcoholic beverages Supreme Court of Texas. within 300 feet of a residential area is preempted by the Texas Alcoholic Beverage Code (TABC). In 1990, DALLAS MERCHANT'S the Dallas Merchants and Concessionaires Association, the Texas Package Stores Association, and other individuals .AND CONCESSIONAIRE'$ (hereinafter"Merchants")filed suit against the City of Dallas ASSOCIATION et al., Petitioners, ("City")for declaratory and injunctive relief.The trial court V. held that the ordinance was preempted by the TABC. The court of appeals reversed. 823 S.W.2d 347. We hold that an MY OF DALLAS,Respondent. ordinance of a home-rule city prohibiting the sale of alcoholic beverages within 300 feet of a residential area is preempted No.D-2159. by the TABC.Consequently,we reverse the judgment of the I court of appeals and affirm the judgment of the trial court. April 7,1993• 1 On September 30, 1987,the Dallas City Council("Council'I Rehearing Overruled June 3,1993. passed Ordinance No. 19694 ("Ordinance"), which created Synopsis new zoning categories for South Dallas. The Ordinance Merchants association challenged validity of home-rule unposed a D—I overlay on certain areas of South Dallas and city's zoning ordinance dispersing location of alcohol-related exempted certain areas that arc outside of and do not effect businesses. The 134th District Court, Dallas County, Anne the residential areas of South Dallas.In this D-1 overlay area, Ashby Packer, J., granted relief, and city appealed. The no business is allowed to sell or serve alcoholic beverages Court of Appeals,823 S.W.2d 347,reversed and rendered,and within 300 feet of residentially zoned properties not located further appeal was taken. The Supreme Court, Hightower, on a freeway service road or other specified road.However, J.,held that ordinance of home-rule city prohibiting sale of a business in a D-1 overlay area may sell or serve alcoholic alcoholic beverages within 300 feet of residential areas was beverages if the Council grants a specific use permit(SUP). preempted by Texas Alcoholic Beverages Code. On October 12, 1988, the Council approved Resolution 883306,which established the guidelines for evaluating SUP Reversed. applications for selling or serving alcoholic beverages in areas of South Dallas affected by the D-1 overlay.In June 1990,the Enoch, J., dissented and filed opinion in which Hecht and Merchants filed suit against the City. Cornyn,JJ.,joined. Following a bench trial, the trial court rendered judgment which, among other things, granted the declaratory and Attorneys and Law Firms injunctive relief requested by the Merchants.The trial court concluded that the D-1 overlay provisions of the Ordinance *489 Richard M.Lannen,Diane Snelson,Eric V.Moye,Eric conflicted with the TABC and was void to that extent under R. Cromartie,David C. Godbey,Andrew L. Siegel, Dallas, article Xl,section 5 of the Texas Constitution.t The trial court for petitioners. also permanently enjoined the City from enforcing the D— Dan Morales, Austin, John Rogers, Dallas, W. Reed 1 overlay provisions of the Ordinance.The court of appeals Lockhoof,Austin,Analeslie U. Muncy,Fort Worth,Angela reversed and rendered judgment. Washington, *490 Sam A.Lindsay,Dallas,for respondent. I. OPINION The Merchants argue that the Ordinance is preempted by the HIGHTOWER,Justice. TABC.We agree. WESTLAW P 2021 Thomson Reuters. No claim to original U.S. Government Works, 1 Dallas Merchant's and Concessionaire's Assn v.City of Dallas,852 S.W.2d 489(1993) the Eleventh Court of Appeals held that the TABC did PREEMPTION OF HOME–RULE CITIES not preempt ordinances prohibiting the sale of alcoholic beverages.See lbung, Wilkinson&Roberts a City ofAbilene, To determine whether the Ordinance is preempted by the 704 S.W.2d 380, 383 (Tex.App.—Eastland 1985, writ refd Texas Alcoholic Beverage Code,we must decide whether the n.r.e.)("We hold that the Constitution and general statutes of Legislature,by enacting and amending the TABC,preempted this State do not deny the City[a home rule city]the right to ordinances of home-rule cities that prohibit the sale of regulate the area of the City in which liquor could be sold"); alcoholic beverages under these circumstances. Home-rule Abilene Oil Distributors a City of Abilene, 712 S.W.2d 644 cities have broad discretionary powers, provided that no (Tex.App.—Eastland 1986,writ refd n.r.e.). ordinance"shall contain any provision inconsistent with the Constitution of the State,or of the general laws enacted by the Subsequently,in 1987,the Legislature added section 109.57 Legislature of this State."TEX.CONST.art.XI,§5.Home- to the TABC and further amended it in 1991 to read in part: rule cities possess the full power of self government and look to the Legislature not *491 for grants of power,but only for (a) Except as expressly authorized by this code, a limitations on their power. 1tiiJR`s Fare of Dallas v City of regulation, charter, or ordinance promulgated by a Dallas, 792 S.W.2d 569, 573 (Tex.A Dallas 1990,writ governmental entity of this state may not impose stricter Pp.— standards on premises or businesses required to have a denied). license or permit under this code than are imposed on An ordinance of a home-rule city that attempts to regulate a similar premises or businesses that are not required to have subject matter preempted by a state statute is unenforceable such a license or permit. to the extent it conflicts with the state statute. See City (b) It is the intent of the legislature that this code shall of Brookside Village a Comeau, 633 S.W.2d 790, 796 exclusively govern the regulation of alcoholic beverages (Tex.1982), cert. denied 459 U.S. 1087, 103 S.Ct. 570, in this state, and that except as permitted by this code, 74 L.Ed2d 932 (1982). However, "the mere fact that the a governmental entity of this state may not discriminate legislature has enacted a law addressing a subject does not against a business holding a license or permit under this mean the complete subject matter is completely preempted" code. City of Richardson a Responsible Dog Owners, 794 S.W.2d 17, 19(Tex.1990)."[A]general law and a city ordinance will (c)Neither this section nor Section 1.06 of this code affects not be held repugnant to each other if any other reasonable the validity or invalidity of a zoning regulation that was construction leaving both in effect can be reached." City of formally enacted before June 11,1987 and that is otherwise Beaumont a Fall, 116 Tex. 314,291 S.W. 202, 206(1927). valid,or any amendment to such a regulation enacted after Thus,if the Legislature chooses to preempt a subject matter June 11, 1987 if the amendment lessens the restrictions usually encompassed by the broad powers of a home-rule on the licensee or permittee or does not impose additional city, it must do so with unmistakable clarity. See City of restrictions on the licensee or permittee. For purposes of Sweetwater a Geron, 380 S.W.2d 550,552(Tex.1964). this subsection, "zoning regulation" means any charter provision, rule regulation, or other enactment governing the location or use of buildings,other structures,and land. TEXAS ALCOHOLIC BEVERAGE CODE TEX.ALCO.BEVCODE ANN. § 109.57(a), (b) & (c) (Vernon Supp.1992). The Legislature's intent is clearly In 1977,the Legislature codified the Texas Liquor Control expressed in section 109.57(b)of the TABC—the regulation 2 of alcoholic beverages is exclusively governed by Act into the TABC. Prior to the codification, several courts of appeals held that various ordinances of home- the provisions of the TABC unless otherwise *492 rule cities prohibiting the sale of alcoholic beverages were provided.3 TEX.ALCO.BEV.CODE ANN. § 109.57(b) not preempted by the Texas Liquor Control Act. See, e.g., (Vernon Supp.1992). Section 109.57 clearly preempts an City of Chute v Linscomb, 446 S.W.2d 377(Tex.Civ.App.— ordinance of a home-rule city that regulates where alcoholic Houston [1st Dist.] 1969, no writ); Louder v Texas Control beverages are sold under most circumstances. Accordingly, Board,214 S.W.2d 336(Tex.Civ.App.—Beaumont 1948,writ we hold that,to the extent of any conflict,the TABC preempts refd n.r.e.);Eckert v Jacobs, 142 S.W.2d 374(Tex.Civ.App, the Ordinance.5 —Austin 1940, no writ). Subsequent to the codification, WESTLAW U,2021 Thomson Reuters. No claim to original U.S. Government'A/arks. 2 Dallas Merchant's and Concessionaire's Ass'n v.City of Dallas,852 S.W.2d 489(1993) We recognize the benefits of ordinances which prohibit the sale of alcoholic beverages under these circumstances. II However, the express language of section 109.57 compels this court to give effect to the Legislature's clear intent— The ntentThe City argues that if section 109.57 preempts an ordinance the Ordinance is preempted to the extent it conflicts with the of a home-rule city regulating where alcoholic beverages TABC. Therefore, we reverse the judgment of the court of are sold,sections 61.37, 109.31, 109.32,and 109.33 will be appeals and affirm the judgment of the trial court. rendered meaningless.b We disagree. *493 Section 109:57 expressly states that the Dissenting opinion by ENOCH, J.,joined by HECHT and TABC will exclusively govern the regulation of CORNYN,JJ. alcoholic beverages except as otherwise provided by the TABC.? TEXALCO.BEV.CODE ANN. § 109.57 (Vernon ENOCH,Justice,dissenting. Supp.1992). Thus, the TABC allows ordinances of home- The city of Dallas faces a severe impediment to its rule cities to prohibit the sale of alcoholic beverages only redevelopment efforts for a portion of its community under limited circumstances.Pursuant to section 109.3 1,the (South Dallas) that suffers disproportionately from poverty sale of liquor may be prohibited within residential areas and crime. The Dallas Merchant's and Concessionaire's only by charter. TEX.ALCOBEV.CODE ANN. § 109.31 Association, the Texas Package Stores Association, Inc., (Vernon 1978). Under section 109.32, the sale of beer may and the five grocery and liquor store owners' who are be prohibited within residential areas by ordinance or charter. petitioners in this Court all readily concede that alcohol- TEXALCO.BEV.CODE ANN. § 109.32 (Vernon 1978). related businesses are overly concentrated in certain areas of These options are still available to the City. However, in the City of Dallas,that this concentration of such businesses this case, the Ordinance attempts to prohibit the sale of causes severe problems in these areas, and that the City liquor and.beer in non-residential areas. An ordinance may of Dallas adopted Ordinance No. 19694 to reduce this not prohibit the sale of beer in non-residential areas or concentration and alleviate these problems. Today the Court the sale of liquor in residential or non-residential areas. adopts petitioners'argument that,regardless,the Legislature See TEXALCO.BEV.CODE ANN. §§ 109.31-32 (Vernon 1978) requires these matters to only be addressed by the Texas Alcoholic Beverage Commission in Austin, and not by the Section 109.33 permits a county or city to prohibit the sale Dallas City Council.As much as we all are concerned about of alcoholic beverages by a dealer whose place of business community restoration,I too would have joined the majority is within 300 feet of a church,.school, or public hospital. if the law required this result.But,the Court's decision is not mandated by the law.Therefore I dissent. TEX.ALCOBEV.CODE § 109.33(a) (Vernon Supp.1992). This option is still available to the City.$ However, in this Ordinance No. 19694 prohibits the location of businesses case,the Ordinance attempts to prohibit the sale of alcoholic selling or serving alcoholic beverages within 300 feet of beverages within 300 feet of a residential area—not within residentially zoned property in certain areas of the city 300 feet of a church,school or public hospital. without a special use permit.The issue before us is whether this limited restriction on the location of alcohol-related Likewise, section 61.37 does not conflict with section businesses is preempted by TexAlco.Bev.Code § 109.57(a) 109.57.Section 61.37 states that a city secretary will merely and (b). Section 109.57(a)provides that an ordinance"may certify whether an ordinance or charter prohibits the sale of not impose stricter standards on premises or businesses" alcoholic beverages in the areawhere alcoholic beverageswill required to be licensed under the Code than on similar potentially be sold. TEX.ALCO.BEV.CODE ANN. § 61.37 premises or businesses.(emphasis added).Section 109.57(b) (Vernon 1978). Under this section, certification is properly states that "it is the intent of the legislature that this code withheld only if an ordinance or charter prohibits the *494 shall exclusively govern the regulation of alcoholic beverages sale of alcoholic beverages in a manner allowed by the TABC. in this state, and that except as permitted by this code, See TEXALCO.BEV.CODE ANN. §61.37(Vernon 1978). a governmental entity of this state may not discriminate WESTLAW t}2021 Thomson Reuters. No claim to original U.S. Government Works 3 Dallas Merchant's and Concessionaire's Ass'n v.City of Dallas,852 S.W.2d 489(1993) against a business holding a license or permit under this and appurtenances pertaining to the grounds, including any code."(Emphasis added.) adjacent premises if they are directly or indirectly under the control of the same person."Tex.Alco.Bev.Code Ann. § In my view,Ordinance No. 19694 does not"impose stricter 11.49(a) (Vernon 1978). Section 11.49(a) refers only to the standards on alcohol-related businesses or premises"within physical premises; it does not define"premises"to include the meaning of section 109.57(x). Rather, it restricts the the location of a licensed business. The Ordinance does location of such businesses in some areas under some not attempt to regulate the physical premises. Additionally, conditions.Nor does the ordinance attempt a"regulation of nothing in the Ordinance addresses how the business of alcoholic beverages."The ordinance has nothing to do with selling alcohol is to be conducted. The Ordinance only beverages. Nor does the ordinance "discriminate" against regulates the location of the business. alcohol-related businesses. It merely imposes a restriction on their location to alleviate community problems which The Court recognizes that a city ordinance will not be petitioners concede such businesses cause.''This Ordinance is held repugnant to a general law of the state "if any not,on its face,inconsistent or in conflict with state law.The other reasonable construction leaving both in effect can be ordinance is a reasonable supplement to state law to address reached," 852 S.W.2d at 491, (citing to City of Richardson a local problem.Both should remain in effect. v Responsible Dog Owners, 794 S.W.2d 17 (Tex.1990)). Because a reasonable reading of these two statutes prevents Assuming for the sake of argument that`location" may be the conflict the reasoning of the Court creates, there is no considered a type of *495 "standard"governing businesses, basis for restricting the City of Dallas' grant of authority to the law would still not mandate the outcome claimed by the promulgate zoning regulations under sections 211.001—.013 Court.The Local Government Code states: of the Local Government Code. If a zoning regulation adopted under this subchapter ... The Court's holding seriously hampers the ability of imposes higher standards than those required under another municipalities to combat problems associated with the sale statute or local ordinance or regulation, the regulation of alcohol. The City of Dallas did not seek to prohibit the adopted under this subchapter controls.If the other statute sale of alcohol, merely to disperse the locations for its sale or local ordinance or regulation imposes higher standards, in order to achieve a reduction in the problems associated that statute,ordinance,or regulation controls. with the sale of alcohol such as increased crime, drinking Tex.Loa.Gov't Code Ann. § 211.013(a) (Vernon 1988) on premises,litter,loitering,public intoxication,urinating in (emphasis added). public, and harassment of children and elderly residents.' As petitioners admit, if cities cannot restrict the location of The Court's reading of section 109.57 of the Alcoholic alcohol-related businesses, then only the Texas Alcoholic Beverage Code creates a direct conflict between it and section Beverage Commission can,in the course of granting licenses 211.013(a).852 S.W.2d 489,493 n.7.Where possible,courts to businesses. 'Yet it would be virtually impossible for the are to construe language used in statutes so as to harmonize all Commission to obtain sufficient information in licensing relevant laws,not create conflict.La Sara Grain Co. v First proceedings to determine whether,how and where to impose Nat?Bank of Mercedes, 673 S.W.2d 558, 565 (Tex.1984); such restrictions in the dozens of cities where they might State v Standard Oil Co., 107 S.W.2d 550, 559 (Tex.]937). be used. Petitioners admit that the Commission has not Since it is possible, this court must construe the Local undertaken this responsibility to date, and it is farfetched Government Code and the Alcoholic Beverage Code so that to think the Commission would even try. The suggestion both provisions are given effect. that the Legislature has decided that the Commission should address the local problems involved here instead ofhome-rule Section 109.57(a) prohibits a city from imposing stricter cities is most unlikely.Only those local planning,zoning and standards on premises or businesses licensed under the legislative bodies have,or can be expected to have,a pulse on Alcoholic Beverage Code than are imposed on similar the particular land use needs of their jurisdiction. premises or businesses not required to have a license. Tex.Alco.Bev.Code Ann. § 109.57(a) (Vernon 1978) *496 I agree with the Court that"if the Legislature chooses (emphasis added). The Alcoholic Beverage Code defines to preempt a subject matter encompassed by the broad "premises" as "the grounds and all buildings, vehicles, powers of a home-rule city,it must do so with unmistakable WE5TLAW re;2021 Thomson Reuters. No claim to original U.S. Government Works, 4 Dallas Merchant's and Concessionaire's Assn v.City of Dallas,852 S.W.2d 489(1993) clarity"852 S.W.2d at 491.Whatever may be said of section 109.57, it cannot seriously be argued that the statute makes unmistakably clear that the Legislature has preempted the HECHT and CORNYN,JJ.,join in this dissenting opinion. City of Dallas from exercising its broad zoning powers to improve living conditions within its borders. Preemption is All Citations even less likely when one considers the result. 852 S.W.2d 489 I would affirm the judgment of the court of appeals,thus I respectfully dissent. Footnotes In the findings of fact,the trial court stated in part: 14.None of the SUPS filed by any Establishment within the areas zoned D-1 by Ordinance 19694 had been granted. 15.The criteria adopted by the Dallas City Council make it virtually impossible for any existing Establishment to qualify for a SUP. 16.Ordinance 19694 conflicts with and is preempted by the Texas Alcoholic Beverages Code("TABC"), in that:the Ordinance and the SUP standards impose location restrictions that are inconsistent with the TABC; the Ordinance and the SUP standards attempt to regulate the sale of alcoholic beverages, other than beer, by ordinance; the Ordinance and the SUP standards discriminate against establishments holding permits issued under the TABC,and; the Ordinance and the SUP standards impermissibly attempt to disenfranchise the choice of the voters of the areas affected by Ordinance 19694 in violation of the Local Option provisions and procedures set forth in the TABC. 2 "[The TABC] is intended as a recodification only, and no substantive change in the law is intended by this Act."Acts 1977,65th Leg.,ch. 194,§7. 3 While the dissent contends that the legislature did not deny home rule cities the ability to regulate with unmistakable clarity under these circumstances, how much more clear must the legislature be than Section 109.57(b),which states: "It is the intent of the legislature that this code[TABC]shall exclusively govern the regulation of alcoholic beverages in this state...."TEX.ALCO.BEV.CODE ANN.§109.57(b)(Vernon Supp.1992).In addition,Senator McFarland,who was a member of the Conference Committee on H.B. 1652 which enacted Section 109.57,indicated that Section 109.57 was intended to clarify that the TABC governed the location of licensees and permittees and that cities could only regulate the location of licensees and permittees in the instances provided by the TABC.Specifically,Senator McFarland stated, [I]t[Section 109.57]says except as authorized by this code[a governmental entity may not regulate the location of a business holding a license or a permit]and there's numerous provisions throughout the code which governmental entities have the authority by zoning or other ordinances,to limit the location of businesses or the type of businesses selling alcoholic beverage. Debate of conference committee report on Tex.H.B. 1652 on the floor of the Senate,70th Leg.(June 1, 1987)(colloquy between Senators McFarland and Washington). 4 Section 109.57(d)of the TABC states: (d)This section does not effect the authority of a governmental entity to regulate,in a manner as otherwise permitted by law,the location of: (1)a massage parlor,nude modeling studio,or other sexually oriented business;or (2)an establishment that derives 75 percent or more of the establishment's gross revenue from the on-premise sale of alcoholic beverages. Because none of the parties assert that the Ordinance implicates this provision,we express no opinion concerning its applicability. Since the following cases pre-date the enactment of section 109.57, they are not applicable when determining the preemptive effect of section 109.57.See Abilene Oil Distributors v.City of Abilene,712 S.W.2d 644(Tex.App—Eastland 1986,writ refd n.r.e.);Young,Wilkinson&Roberts v.CityofAbilene,704 S.W.2d 380(Tex.App.—Eastland 1985,writ refd n.r.e.);T&RAssoc.,Inc.v. City of Amarillo,688 S.W.2d 622,625(Tex.Civ.App.—Amarillo,writ refd n.r.e.);Massengale v. City of Copperas Cove, 520 S.W.2d 824, 829 (Tex.Civ.App:Waco 1975, writ refd n.r.e.; Derkard v. City of Port Lavaca,491 S.W.2d 748,751 (Tex.Civ.App.—Corpus Christi 1973,no writ); City of Clute v.Linscomb,446 S.W.2d 377 (Tex.Civ.App.—Houston[1 st Dist.]1969,no writ);Discount Liquors No.2,Inc.v.Texas liquor Control Board,420 S.W.2d WESTLAW Cc,2021 Thomson Reuters. No claim to original U.S. Glove rr.menT'AtlorkS. 5 Dallas Merchant's and Concessionaire's Assn v.City of Dallas,852 S.W.2d 489(1993) 422,423,425(Tex.Civ.App. Amarillo 1967,writ refd n.r.e.); Louder v. Texas Liquor Control Board,214 S.W.2d 336 (Tex.Civ.App.—Beaumont 1948,writ refd n.r.e.);Eckert v.Jacobs,142 S.W.2d 374(Tex.Civ.App.—Austin 1940,no writ). 5 The dissent argues that if this court holds that the TABC preempts an ordinance regulating where alcoholic beverages are sold,sellers of alcoholic beverages will not have to comply with any city ordinance.This argument is without merit. Section 109.57(a)provides that an ordinance may not impose stricter standards on alcohol related businesses than on non-alcohol related businesses.TEX.ALCO.BEV.CODE§ 109.57(a)(Vernon Supp.1992). For example, under section 109.57(a), an ordinance requiring all businesses with the same kind of premises to have a fire extinguisher on their premises would not violate section 109.57(a).On the other hand,an ordinance requiring an alcohol related business to have two fine extinguishers and only required a non-alcohol related business with the same kind of premises to have one fire extinguisher would violate section 109.57(a). 6 Section 61.37 reads in pertinent part: (a)The County Cleric of the county in which an application for a license is made shall certify whether the location or address given in the application is in a wet area and whether the sale of alcoholic beverages for which the license is sought is prohibited by any valid order of the commissioners court. (b)The city secretary or clerk of the city in which an application for a license is made shall certify whether the location or address given in the application is in a wet area and whether the sale of alcoholic beverages for which the license is sought is prohibited by charter or ordinance. TEX.ALCO.BEV.CODE ANN.§61.37(Vernon 1978).Section 109.31 reads: A city by charter may prohibit the sale of liquor in all or part of the residential sections of the city. TEX.ALCO.BEV.CODE ANN.§109.31 (Vernon 1978).Section 109.32 reads in pertinent part: (a)An incorporated city or town by charter or ordinance may: (1)prohibit the sale of beer in a residential area;and (2)regulate the sale of beer and prescribe hours when if may be sold, except a city or town may not permit the sale of beer when its sale is prohibited by this code. TEX.ALCO.BEV.CODE ANN.§109.32(Vernon 1978).Section 109.33 reads in pertinent part: (a)The commissioners court of a county may enact regulations applicable in areas in the county outside an incorporated city or town,and the governing board of a city or town may enact regulations applicable in the city or town,prohibiting the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a church, public school,or public hospital. TEX.ALCO.BEV.CODE ANN.§109.33(Vernon Supp.1992). 7 The dissent incorrectly asserts that Section 211.013 of the Local Government Code allows a home rule city to impose higher standards upon licensees and permittees.This conclusion is erroneous because of Section 109.57(a)of the TABC. Section 109.57(a)states than an ordinance promulgated by a governmental entity may not impose stricter standards on premises or businesses of a permittee than on similar premises and businesses not required to have a license or permit. The Ordinance imposes a stricter standard than allowed by the TABC,specifically,by regulating the location of businesses required to have licenses or permits under the TABC in circumstances not allowed by the TABC.Section 109.57(a)was by its terms enacted to exempt licensees and permittees from Section 211.013 of the Local Government Code. The application of the doctrine of expressio unius est exclusio alterius further demonstrates the weakness of the dissent's conclusion that the City may regulate in this instance.That doctrine provides that the inclusion of a specific limitation excludes all others. Royer v. Ritter, 531 S.W.2d 448, 449 (Tex.Civ.App.—Beaumont 1976, writ refd n.r.e.). Sections 109.31-33 and 109.57(d)provide specific instances when a governmental entity,such as a home-rule city,may regulate the location of an alcohol related business.Thus,by expressly stating under what circumstances a governmental entity may regulate the location of an alcohol related business,it follows that there are no other instances when a governmental entity may regulate the location of an alcohol related business.The parties do not assert and we can not find any applicable grant of power to governmental entities to regulate the location of the sale of alcohol in this case. 8 In addition to regulating alcoholic beverages pursuant to sections 109.31-33, a city may make recommendations or protest the issuance of a permit by the Texas Alcoholic Beverage Commission. See TEX.ALCO.BEV.CODE ANN. § 11.41(a)(Vernon 1978). The five business owners are Solomon Tadesse,d/b/a S&M Grocery,Nguyen Ha Lam,d/b/a M&D Liquor,Son Ngoc Nguyen,d/b/a Bingo Liquor,Youg Suk Bragdon,d/b/a K&B Grocery,and Thung Vam Tam,d/b/a Lee's Grocery. 2 This is not to say that any ordinance restricting the location of alcohol-related businesses would be allowed by state law. Obviously,an ordinance that prohibited the location of such businesses within a much larger distance from residential property might have the effect of eliminating those businesses altogether. Such an ordinance would conflict with state WESTLAW c.2021 Thomson Reuters. -No claim to original U.S. Government kAtorks. 6 Dallas Merchant's and Concessionaire's Ass'n v.City of Dallas,652 S.W.2d 489(1993) law. But an ordinance which is both written and applied to impose a limited restriction on location for a valid purpose does not conflict with section 109.57. 3 Several community leaders in the South Dallas/Fair Park area testified that these problems were exacerbated by the excessive concentration of alcohol related businesses in the area. End of Document 2021 Thomson Reuters. No claim to original U.S. Government Works. WESTLAW ;�)2021 Thomson Reuters, No claim to oriamal U.S. Government '1`Vork 7 Helms v.Texas Alcoholic Beverage Com'n,700 S.W.2d 607(1986) This is an appeal from a judgment denying an application for 700 S.W.2d 607 an on-premises beer and wine retailer's permit. Court of Appeals of Texas,Corpus Christi-Edinburg. On October 5, 1984, appellant, David Helms, applied David HELMS d/b/a,The to appellee, the Texas Alcoholic Beverage Commission (hereinafter TABC),for a permit to sell beer and wine on the Thirsty Turtle,Appellant, premises known as"The Thirsty Turtle" Iocated in Victoria V. County, Texas. After opposition to the issuance of such TEXAS ALCOHOLIC BEVERAGE, permit was filed by the Northside Baptist Church and others, COMMISSION,Appellee. an administrative hearing was conducted by the Honorable Donald R. Pozzi, a Special County Judge appointed to hear and render a decision on appellant's application.The church No.13—$5—oto—CV. appeared in opposition. The Special Judge entered an order on behalf of TABC denying the permit sought by appellant on Sept.30,1985. the ground that"[t]he place or manner in which the Applicant I may conduct his business warrants the refusal of the license Rehearing Denied NOV.7,1985. based on the general welfare, health, peace, morals, safety Synopsis and sense of decency of the people of Victoria County." Applicant for on-premises beer and wine retailer's permit See TEX.ALCO.BEV.CODE ANN. § 61.42(a)(3) (Vernon sought review of order of State Alcoholic Beverage Supp.1985). Commission which denied permit.The 267th District Court, Victoria County, Frank H. Crain, J., affirmed denial of In making this ruling denying the permit,the county judge had permit. Applicant appealed. The Court of Appeals, Nye, before him certain evidence. Included in the evidence were C.J., held that: (1) evidence was not such that reasonable *610 about 94 letters of protest from property owners living minds could not have reached conclusion of administrative in the immediate area, church members, members of the tribunal in denying permit and denial would be sustained; Board of anearby public school,and from the Mayor,Chiefof (2) applicant was not denied equal protection of law by Police,and the Sheriff.Each commented about the probable denial of permit under statute regarding refusal of license increased traffic hazard and the overall adverse effects on based on general welfare of people; and (3) County Court the character of the neighborhood which would be caused acting as administrative tribunal properly considered written by granting the permit at the proposed location.There was, recommendations of chief of police and county sheriff. however,a petition signed by approximately 450 individuals favoring the granting of the on-premises permit. Affirmed. The appellant appealed the decision of the County Judge to the district court, seeking a review of the evidence and to Attorneys and Law Firms set aside the adverse decision of the county judge.Appellant alleged, among other things, that the county court's denial *609 Lary Woody,Victoria,for appellant. of a beer and wine permit was not reasonably supported by substantial evidence and that the denial of his application W.Reed Lackhoof,Asst Atty.Gen.,Austin,for appellee. discriminates between him and his competitors. A petition Emmett Cole,Jr.,Victoria,for intervenor. in intervention was filed in the district court by the church and by Ruth and John Nelson personally as residents near the Before NYE,C.J.,and BENAVIDES and DORSEY,JJ. location of the proposed licensed premises.The intervenors alleged that the place or manner in which the applicant (appellant) would conduct his business is of such a nature OPINION which, based on the general welfare, health, peace, morals, safety, and on the public sense of decency,warrants refusal NYE,Chief Justice. of the permit. WESTLAW D 2021 Thomson Reuters. No claim to original U.S. Government'A forks. 1 Helms v.Texas Alcoholic Beverage Com'n,700 S.W.2d 607(1885) The district court entered judgment affirming the S.W.2d 250, 253-54 (Tex.Civ.App.—Texarkana 1975, no administrative decision of the county court denying writ). appellant's application for an on-premises permit. The appellant perfected his appeal from such judgment. *611 In the case at bar,the main evidentiary issue was based on the location of the proposed licensed premises.Evidence In his first point of error, appellant asserts that the district concerning the manner in which the applicant (appellant) court erred in affirming the judgment of the county court may conduct his business was also raised briefly during the because there was no substantial evidence to support the hearing before the special county judge.' The applicant's judgment. qualifications or character were not in issue. For a folly qualified applicant who is proposing to operate a lawful The substantial evidence rule is that the finding of the business in a wet area and in compliance with the zoning administrative agency (or, as in this case, a county judge ordinances of the city to be denied a permit,some conditions acting in an administrative capacity)will be sustained by the or situations must be shown so as to justify the denial under trial court if the finding is reasonably supported by substantial TEX.ALCO.BEV.CODE ANN.§61.42(Vernon Supp.1985). evidence.The duty of the trial court,as well as the appellate Texas Alcoholic Beverage Commission v Mikulenka, 510 court,is to determine from all the evidence presented whether, S.W.2d 616,619(Tex.Civ.App.—San Antonio 1974,no writ); as a matter of law,the decision of the agency(county court) see also Smith a Cove Area Citizens Committee, 345 S.W.2d was supported by substantial evidence.The evidence may be 850, 852(Tex.Civ.App.—Austin 1961,writ ref n.r.e.).The substantial and yet preponderate the other way. See Lewis evidence showed that appellant's business is located in a wet v. Metropolitan Savings & Loan Assn, 550 S.W.2d 11, 13 area and that appellant has met the procedural requirements (Tex.1977). for a permit.We pause to note,however,that the location and surroundings of a proposed retail beer and wine establishment It is a rule that the court may consider relevant evidence that and the number of such licensed establishments in the was available but not introduced at the administrative hearing. community are proper considerations and could be the basis All of the evidence introduced before the administrative for the refusal of a license.See Elliott a Dawson, 473 S.W.2d agency that supported the agency's decision is relevant.After 668,670(Tex.CivApp.—Houston[1st Dist.] 1971,no writ). all of the evidence is considered, the issue then before the Each substantial evidence case must be decided on its own trial court is not whether the agency came to the proper facts in relation to the above recited rules of law. fact conclusion on the basis of evidence received(conflicting as it may have been), but whether or not the agency acted Appellant initially applied for a mixed beverage and a mixed arbitrarily and without regard to the facts.See Trapp v Shell beverage late hours permit which would have allowed him Oil Co., 145 Tex.323, 198 S.W.2d 424,440(Tex.1946). to sell mixed beverages until 2:00 a.m. These permits were denied.The Thirsty Turtle is presently an eating establishment The district trial court, or this appellate Court, is not to with hours of operation from 11:00 a.m.to 11:00 pm.Monday substitute its discretion for that of the administrative tribunal through Friday, and 12:00 p.m. to 11:00 p.m. Saturday and (the county judge in this case), but rather is required to Sunday. The patrons are allowed to bring their own liquor sustain the administrative tribunal if its action is reasonably and consume it on the premises in question.The facilities on supported by substantial evidence presented to the trial court. the location have been remodeled to include a parquet dance If the evidence as a whole is such that reasonable minds floor and a large wooden ceramic-topped bar.All activities could not have reached the conclusion that the administrative are presently conducted inside a closed building. court or agency reached, then the order must be set aside. Otherwise, it must be sustained. .Zones v Marsh, 148 The property in question is situated on Laurent Street, a Tex. 362, 224 S.W.2d 198, 202-03 (Tex.1949); Trapp it heavily traveled street designated as an arterial thoroughfare. Shell Oil Co., 145 Tex. 323, 198 S.W.2d 424, 440--41 The immediate area in which the proposed licensed premises (Tex.1946).See also Gerst v Goldsbury,434 S.W.2d 665,667 is located is made up primarily of churches, schools and (Tex.1968);Gerst v Nixon,411 S.W.2d 350,354(Tex.1966); residences. There are segments of property up and down Dienst v Texas Alcoholic Beverage Commission, 536 S.W.2d Laurent Street which are predominantly commercial in usage. 667,668-69 (Tex.Civ.App.—Corpus Christi 1976,no writ); There is no comparable type of business within a 5-block Morgan v Texas Alcoholic Beverage Commission, 519 WESTLAW C%2021 Thornson Reuters. No claim to crignal li S Government VJor`ks 2 Helms v Texas Alcoholic Beverage Com'n,700 S.W.2d 607(1986) radius that allows on-premises consumption of alcoholic same street, is another establishment operating with an on- beverages. premises mixed beverages permit. The property of the proposed licensed premises is directly There was substantial testimony that the granting of the adjacent to, and on the same city block as, the Northside beer and wine permit at the proposed licensed premises Baptist Church, both properties being on the east side would result in an adverse change in the character of the of Laurent Street. The front door of Northside Baptist neighborhood.There was testimony that the granting of the Church, on a direct line, is approximately 250 feet from permit at this location would result in an increase in the the front door of the proposed licensed premises. The number of patrons and combined with a limited amount of premises, however, are outside the minimum of 300 feet parking (i.e., 37 parking spaces), would result in an even distance when. figured in accordance with the regulations. greater amount of traffic and congestion on this already See TEX.ALCO.BEV.CODE ANN. § 109.33 (Vernon heavily traveled street. There was also testimony that the Supp.1985). The evidence showed that there are a number increased traffic congestion and the increased probability of church,civic and social activities held on the premises of of persons driving under the influence of alcohol in the the church which take place daily from early in the morning immediate area would result in an increase in danger to area until late in the evening(and sometimes overnight)involving children and residents and a hazard to the general public. young children,adults and elderly people.There is a private day school at the church with a large number of young The other apparent reason for the denial of the permit was children attending. based on the general welfare and safety of persons in the vicinity of The Thirsty Turtle.In this respect,Officer Rodney Located one block behind the proposed licensed premises is Tashiro, a member of the Sheriffs Department,was quoted a large low-income housing project. The remainder of the by another witness, without objection, as having stated: area behind the premises is primarily residential in nature. "that the presence of an establishment that sells or serves Directly across Laurent Street from the proposed licensed alcoholic beverages in an immediate location of a residential premises is a large residential neighborhood of predominantly neighborhood,and especially in the vicinity of a low-income single family homes. Many children live in the immediate housing project,results in a increase and[sic]police activity neighborhood *612 of The Thirsty Turtle establishment and in that area." play and travel within a close proximity to the business. City Police Captain Jessie Ramirez,with twenty-three years One block south and on the west side of Laurent Street is experience with the police department,testified as follows: Shields Elementary School.The proposed licensed premises is located less than 700 feet from the nearest property line Q.Do you, based on your experience as a police officer, of the elementary school, although the premises are outside have an opinion as to whether or not the granting of this the minimum distance permitted by law. Approximately license would increase the hazard to the general—in the 500 students attend Shields and live in an area within license we are talking about a license to consume on approximately a two-mile radius of the school. It was also premises beer and wine at the Thirsty Turtle?Do you shown that these children generally walk or ride their bicycles have an opinion,based on your experience,whether or to and from school,or are brought to school in automobiles not that would increase the hazard to the general welfare driven by parents.There are a large number of activities,other and safety,and peace of that particular neighborhood? than the usual school activities, that take place at the school A yes,sir.I feel it would. which involve both children and adults.z Chief of Police Kenneth Rosenquest recommended that the The appellant gave testimony as to the location of other"on permit be denied at this location, saying that: "the location premises"businesses in the area.It was shown that five blocks of this business in an area that is primarily residential,near up Laurent Street from The Thirsty Turtle there was a business a public elementary school, and a church with a private operating with an on-premises beer and wine license. Eight elementary school,and a low income housing project would blocks away,on the same street, is an establishment selling change the character of this neighborhood as it presently mixed drinks on the premises.Fourteen blocks away,on the exists and would *613 affect the health,safety and welfare of the community." WESTI.AW CZD 2021 Thomson Reuters. No claim to ong r.al U.S. Governmen! Works 3 Helms v.Texas Alcoholic Beverage Com'n,700 S.W.2d 607(1986) licensed for on-premises consumption within a five block Sheriff Dalton G."Dutch"Meyer wrote a letter to the county radius of the proposed licensed premises and that the location judge objecting to the granting of the application for the wine of the proposed licensed premises on this already heavily and beer retailer's permit at the Thirsty Turtle.Sheriff Meyer traveled thoroughfare,in the middle of an area comprised of stated: residences, a church and schools,would cause an increased traffic hazard and would result in an increase in danger to This business is located in an area that is primarily area children and residents and a safety hazard to the general residential and[sic]close proximity to a public elementary public. See TEX.ALCO.BEV.CODE ANN. § 61.42(a)(3) school. In addition it adjoins Church property which also (Vernon Supp.1985). operates a day school for pre-school children. The traffic generated from the business would pose an immediate 'There appears no evidence that the statute which provides danger to the many elementary aged children using the for the protection of the people of this State under sidewalks in going to and from school. In addition the the legitimate exercise of the State's police power was operation of this business would represent an adverse applied discriminatorily. See Dienst it Texas Alcoholic change in the nature of the neighborhood and contribute Beverage Commission, 536 S.W.2d at 670-71; Morgan u adverse effects to the general welfare, health, peace and Texas Alcoholic Beverage Commission, 519 S.W.2d 250, morals of the neighborhood. 253 (Tex.Civ.App. Texarkana 1975, no writ). Appellant's second point of error is overruled. We also note that the record before the district court contained letters from a number of residents of Victoria who had In his third point of error, appellant contends that he expressed similar reasons why the TABC should deny the was denied due process because of the manner that the mixed-beverage permit. The Honorable Ted Reed. Mayor administrative hearing before the special county judge was of the City of Victoria, stated in a letter addressed to the conducted. His primary complaint is that he was denied the TABC that the location of The Thirsty Turtle is in a primarily right to cross-examine several witnesses. residential neighborhood and that, in addition to a large number of residences, within a M.o-block radius of the Specifically, a letter in opposition to the permit signed by location is a public elementary school, a private parochial Kenneth Rosenquest,Chief of Police of Victoria County,was elementary school, a church, and aloes-income housing admitted into evidence for consideration by the county judge. project. The Mayor also expressed his opinion that 'the See TEX.ALCO.BEV.CODE ANN. § 61.32(c) (Vernon granting of these permits in this location would serve to 1978). *614 Similarly, a letter signed by Dutch Meyer, change the character of this neighborhood as it presently Sheriff of Victoria County, was admitted into evidence. exists and would adversely affect the health, safety and Appellant contends that these written recommendations were welfare of the community." received into evidence and considered by the court without either of these two persons being present to be sworn in or Considering the entire record and all the evidence,we cannot cross-examined by appellant. say that reasonable minds could not have reached the same conclusion that the county court reached in denying appellant At the county court hearing, appellant objected to the his permit.Appellant's first point of error is overruled, introduction of both these letters solely on hearsay grounds. At no time did appellant complain to the county judge that In his second point of error, appellant contends that the he was denied a right to cross-examine the Chief of Police or decisions of the trial court and the county court denied him Sheriff and,therefore,denied due process.The record before the right to equal protection of the law as guaranteed by the us does not show that appellant ever attempted to subpoena Constitution of the United States and the State of Texas in the Chief of Police or the Sheriff as adverse witnesses, that other restaurants along Laurent Street that are in direct nor does the record reflect that appellant requested a recess competition with the appellant have been granted permits to during the administrative hearing so that he could obtain their sell beer and wine,while he has been denied such a right, presence. The County Court Special Judge,after hearing considerable We hold that, under these circumstances, the county court evidence and personally viewing the premises in question properly considered the recommendations of the Chief of and the surrounding area,found there were no establishments WESTLAW 2021 Thomson Reuters. No claim to criginal J S. Government YYorks. 4 ` Helms v Texas Alcoholic Beverage Com'n,700 S.W.2d 607(1985) Police and County Sheriff. See id at § 61.32(c) and facts of the case as stated in the first part of this opinion, TEX.R.EVID.803(8) and 901(7).Appellant's third point of we hold that the order of the county court was supported error is overruled. by substantial evidence. Appellant's fifth point of error is overruled. In his fourth point of error, appellant contends that section 61.42(a)(3),relied on by the county court to deny his permit, The judgment of the trial court is AFFIRMED. is unconstitutional because it is impermissibly vague.Section 61.42(a)mandates the county judge to"refuse to approve"an application for a license as a distributor or retailer if he has OPINION ON MOTION FOR REHEARING reasonable grounds to believe and finds that: We have reviewed that portion of our original opinion (3)the place or manner in which the applicant for a retail which discusses appellant's *615 objection on hearsay dealer's license may conduct his business warrants a grounds to the letters admitted as evidence in opposition refusal of a license based on the general welfare,health, to appellant's permit application. Appellant's Motion for peace,morals,safety,and sense of decency of the people. Rehearing complains that TEX.ALCO.BEV.CODE ANN. § 61.32(c)(Vernon 1978)and TEX.R.EVID.803(8)and 901(b) Whenever an attack on the constitutionality of a statute (7)do not support the admission of those letters. is presented for determination, there is a presumption that such statute is valid and that the legislature has not acted As stated in our original opinion, appellant's objection to unreasonably or arbitrarily in enacting the statute.The burden the letters was based on hearsay grounds only. On appeal, is on the individual who challenges the Act to establish its appellant complained that he was denied due process, and unconstitutionality.International Association of Firefighters did not reurge his hearsay objection. Therefore, neither the v City of Kingsville, 568 S.W.2d 391,393-94(Tex.Civ.App. hearsay objection at trial nor the point of error urging denial --Corpus Christi 1978,writ refd n.r.e.). of due process was properly before us. Furthermore, a statute is only considered to be Additionally, it is a well-settled rule that a judge sitting unconstitutional when it is so incomplete,vague, indefinite without a jury can provisionally admit evidence during trial.It and uncertain that it forbids the doing of an act so vague is then presumed on appeal that the judge had disregarded any that men of common intelligence must necessarily guess at incompetent evidence in reaching a judgment.See Gillespie its meaning.Sanders v State.Department of Public Welfare, a Gillespie, 644 S.W.2d 449,450(1982); r1ctory v State, 138 472 S.W.2d 179, 182 (Tex.Civ.App.—Corpus Christi 1971, Tex. 285, 158 S.W.2d 760,765 (1942); Kaufhold v McIver, writ dism'd w.o j.).See Murphy x Rowland 609 S.W.2d 292, 682 S.W.2d 660. 668 (Tex.Civ.App Houston (1st Dist.) 297 (Tex.Civ.App.--Corpus Christi 1980, writ refd n.r.e.). 1984,writ refd n.r.e.); Raymond x Aquarius Condominium Appellant failed to meet this burden.Appellant's fourth point Owners Assn,662 S.W.2d 82,92(Tex.App.—Corpus Christi of error is overruled. 1983,no writ). In his fifth and final point of error,appellant complains that Finally, even if there was error in admitting the letters of the county court erred when, under color of State law, it the public officials, there was sufficient other evidence to allowed a church to effectively veto appellant's application for support the finding of the county court.Therefore,we cannot a permit.In that regard,appellant goes on to complain that the say that the error, if any, resulted in the rendition of an State of Texas has"encouraged and fostered the establishment improper judgment.TEX.R.CIVP.434;Raymond v Aquarius of a religion"in violation of the Establishment Clause of the Condominium Owners Ass'n, 662 S.W.2d at 92. Appellant's First Amendment to the constitution of the United States. Motion for Rehearing is overruled. Appellant's argument, although multifarious, is basically that the Northside Baptist Church opposed his permit on All Citations philosophical and morality issues rather than bonafide legal 700 S.W.2d 607 grounds.We disagree.This argument goes to the heart of the substantial evidence issue. Without reiterating the pertinent WESTLAW ,-2021 Thomson Reuters. ^Jo claim to orcg nal 'J.S. Government 1.,'orrs 5 Helms v.Texas Alcoholic Beverage Com'n,700 S.W.2d 607(1985) Footnotes l Several witnesses testified that the appellant had stated that he intended to keep some turtles in a tank at the restaurant and,when things got slow, allow the patrons to choose a turtle to engage in turtle races. The person who picked the fastest turtle would win a prize,such as a drink- 2 The P.T.A.meets once a month at the school from 7:00 p.m.-9:00 p.m.;the boy scouts meet there in the evening several times a month;football teams(Little League and the YMCA)practice there two or three days a week until 5:00 p.m.;the YMCA Sunshine program is held there every Tuesday from approximately 2:15 p.m. to 4:30 p.m.; and other seasonal activities occur,such as the Halloween Carnival. End of Document C}20321 Thomson Reuters. No claim to original U.S. Government Works. WESTLAW 'cD 2021 Thomson Reuter;. No claim to orifi nal U.S Government',AiorkS. 6 ' Helms v.Texas Alcoholic Beverage Com'n,700 S.W.2d 607(1985) This is an appeal from a judgment denying an application for 700 S.W.2d 607 an on-premises beer and wine retailer's permit. Court of Appeals of Texas,Corpus Christi-Edinburg. On October 5, 1984, appellant, David Helms, applied David HELMS d/b/a,The to appellee, the Texas Alcoholic Beverage Commission (hereinafter TABC),for a permit to sell beer and wine on the Thirsty Turtle,Appellant, premises known as"The Thirsty Turtle" located in Victoria V. County, Texas. After opposition to the issuance of such TEXAS ALCOHOLIC BEVERAGE, permit was filed by the Northside Baptist Church and others, COMMISSION,Appellee. an administrative hearing was conducted by the Honorable Donald R. Pozzi,a Special County Judge appointed to hear and render a decision on appellant's application.The church No.13-85-010—CV. appeared in opposition. The Special Judge entered an order I on behalf of TABC denying the permit sought by appellant on Sept.30,1985. the ground that"[t]he place or manner in which the Applicant may conduct his business warrants the refusal of the license Rehearing Denied Nov.7, 1985. based on the general welfare, health, peace, morals, safety Synopsis and sense of decency of the people of Victoria County." Applicant for on-premises beer and wine retailer's permit See TEX.ALCO.BEV.CODE ANN. § 61.42(a)(3) ("Vernon sought review of order of State Alcoholic Beverage Supp.1985). Commission which denied permit.The 267th District Court, Victoria County, Frank H. Crain, J., affirmed denial of In making this ruling denying the permit,the county judge had permit. Applicant appealed. The Court of Appeals, Nye, before him certain evidence. Included in the evidence were C.J., held that: (1) evidence was not such that reasonable *610 about 941etters of protest from property owners living minds could not have reached conclusion of administrative in the immediate area, church members, members of the tribunal in denying permit and denial would be sustained; Board of a nearby public school,and from the Mayor,Chief of (2) applicant was not denied equal protection of law by Police,and the Sheriff.Each commented about the probable denial of permit under statute regarding refusal of license increased traffic hazard and the overall adverse effects on based on general welfare of people; and (3) County Court the character of the neighborhood which would be caused acting as administrative tribunal properly considered written by granting the permit at the proposed location. There was, recommendations of chief of police and county sheriff. however,a petition signed by approximately 450 individuals favoring the granting of the on-premises permit. Affirmed. The appellant appealed the decision of the County Judge to the district court, seeking a review of the evidence and to Attorneys and Law Firms set aside the adverse decision of the county judge.Appellant alleged, among other things, that the county court's denial *609 Larry Woody,Victoria,for appellant. of a beer and wine permit was not reasonably supported by substantial evidence and that the denial of his application W.Reed Lockhoof,Asst Atty.Gen.,Austin,for appellee. discriminates between him and his competitors. A petition Emmett Cole,Jr.,Victoria,for intervenor. in intervention was filed in the district court by the church and by Ruth and John Nelson personally as residents near the Before NYE,C.J.,and BENAVIDES and DORSEY,JJ. location of the proposed licensed premises. The intervenors alleged that the place or manner in which the applicant (appellant) would conduct his business is of such a nature OPI TON which, based on the general welfare, health, peace, morals, safety, and on the public sense of decency,warrants refusal NYE,Chief Justice. of the permit. WESTl.A1M rJ 2021 Thomson RetEters. No claim to original U.S. Government Works. 1 Helms v.Texas Alcoholic Beverage Com'n,700 S.W.2d 607(1985) The district court entered judgment affirming the S.W.2d 250, 253-54 (Tex.Civ.App.—Texarkana 1975, no administrative decision of the county court denying writ). appellant's application for an on-premises permit. The appellant perfected his appeal from such judgment. *611 In the case at bar,the main evidentiary issue was based on the location of the proposed licensed premises.Evidence In his first point of error, appellant asserts that the district concerning the manner in which the applicant (appellant) court erred in affirming the judgment of the county court may conduct his business was also raised briefly during the because there was no substantial evidence to support the hearing before the special county judge.t The applicant's judgment. qualifications or character were not in issue. For a fully qualified applicant who is proposing to operate a lawful The substantial evidence rule is that the finding of the business in a wet area and in compliance with the zoning administrative agency (or, as in this case, a county judge ordinances of the city to be denied a permit,some conditions acting in an administrative capacity)will be sustained by the or situations must be shown so as to justify the denial under trial court if the finding is reasonably supported by substantial TEX.ALCO.BEV.CODE ANN.§61.42(Vernon Supp.1985). evidence.The duty of the trial court,as well as the appellate Texas Alcoholic Beverage Commission a Mikulenka, 510 court,is to determine from all the evidence presented whether, S.W.2d 616,619(Tex.CivApp.—San Antonio 1974,no writ); as a matter of law,the decision of the agency(county court) see also Smith v Cove Area Citizens Committee, 345 S.W.2d was supported by substantial evidence.The evidence may be 850,852(Tex.Civ.App.—Austin 1961,writ refd nx e.).The substantial and yet preponderate the other way. See Lewis evidence showed that appellant's business is located in a wet v. Metropolitan Savings & Loan Assn, 550 S.W.2d 11, 13 area and that appellant has met the procedural requirements (Tex.1977). for a permit.We pause to note,however,that the location and surroundings of a proposed retail beer and wine establishment It is a rule that the court may consider relevant evidence that and the number of such licensed establishments in the was available but not introduced at the administrative hearing. community are proper considerations and could be the basis All of the evidence introduced before the administrative for the refusal of a license.See Elliott v Dawson,473 S.W.2d agency that supported the agency's decision is relevant.After 668,670(Tex.Civ.App.—Houston [1 st Dist.] 1971,no writ). all of the evidence is considered, the issue then before the Each substantial evidence case must be decided on its own trial court is not whether the agency came to the proper facts in relation to the above recited rules of law. fact conclusion on the basis of evidence received(conflicting as it may have been), but whether or not the agency acted Appellant initially applied for a mixed beverage and a mixed arbitrarily and without regard to the facts.See Trapp v.Shell beverage late hours permit which would have allowed him Oil Co., 145 Tex.323, 198 S.W.2d 424,440(Tex.1946). to sell mixed beverages until 2:00 a.m. These permits were denied.The Thirsty Turtle is presently an eating establishment The district trial court, or this appellate Court, is not to with hours of operation from 11:00 am.to 11:00 p.m.Monday substitute its discretion for that of the administrative tribunal through Friday, and 12:00 p.m. to 11:00 p.m. Saturday and (the county judge in this case), but rather is required to Sunday. The patrons are allowed to bring their own liquor sustain the administrative tribunal if its action is reasonably and consume it on the premises in question.The facilities on supported by substantial evidence presented to the trial court. the location have been remodeled to include a parquet dance If the evidence as a whole is such that reasonable minds floor and a large wooden ceramic-topped bar. All activities could not have reached the conclusion that the administrative are presently conducted inside a closed building. court or agency reached, then the order must be set aside. Otherwise, it must be sustained. Jones x Marsh, 148 The property in question is situated on Laurent Street, a Tex. 362, 224 S.W.2d 198, 202-03 (Tex.1949); Trapp v heavily traveled street designated as an arterial thoroughfare. Shell Oil Co., 145 Tex. 323, 198 S.W.2d 424, 440-41 The immediate area in which the proposed licensed premises (Tex-1946).See also Gerst v Goldsbury;434 S.W.2d 665,667 is located is made up primarily of churches, schools and (Tex.1968);Gerst v.Nixon.411 S.W.2d 350,354(Tex.1966); residences. There are segments of property up and down Dienst v. Texas Alcoholic Beverage Commission,536 S.W.2d Laurent Street which are predominantly commercial in usage. 667, 668-69(Tex.Civ.App.—Corpus Christi 1976,no writ); 'There is no comparable type of business within a 5-block Morgan v. Texas Alcoholic Beverage Commission, 519 WESTI.AW c 2021 Thomson Renters. No claim to original U.S. Government Warks. 2 Helms v.Texas Alcoholic Beverage Com'n,700 S.W.2d 607(1985) radius that allows on-premises consumption of alcoholic same street, is another establishment operating with an on- beverages. premises mixed beverages permit. Fhe.pc4pert the`Vr.p.PsWc(ice di.pre uses r 'd' ectl 'I'fieze vas.sttbstatit al�tesc snony=that; the:granting of t� aunt to; ana=ontltscJ aae,lTorthside beer asci wine �eritt€;ai :tbe pmpaseci_tcenseii-premises B gistfiur c�4 Pt _ ap- _being, the.,vast-srde waufd result m an:adverse:change in; =character of the atC > etst= h dq !Qktstq,Hapt ttegl�lZ .ad.'T'he�.v�as,testarn€pny'tlta4 thgtlu�t ?t Itaat_ e_r_,1i ' s _ _. i r�.__ 1 .feht m pec ut at_rias locatusr .vaould. es IVinl aW.Tine else ttt(_tf e onik char. t ii_paseEUCLns p xulses die duo der nfpabeons nd cbWJned-withZ :limilk;E rountof utside the, 'him f.--,:300'feet parlh. - p ttg iteF,=3T g c1€�iigx;spacesji wpyld-rc*M tt�- ,elxei tt! # ht = 7, i 4iwlacd ?cr;�� .ci, {regulatss ltt. ant bf':trat�i�;;ard.cangcst�vn.ol► Ehis::; ire3LfBEf1t3Et] ._G� 3 _ ernrn€ih heaitti _#avkd street-'#`here. ras_:alsi�tesgmanlzthat: liie 84 85} ' h e cle'slmwed=hat theFe a a;nuntbet mcreased tra�tc eoagestwa and_th increased 'babilitj e ell crn as soaal ett ttes;held on=tlte pfemtses:of of peFsons=dnvmg=�ndei_the._influence.cif Acohal,tn_.the tbge cit�t;W*Wvl;t a,pl4,c�"AMM f 1ju'earl �z.the iiavmrzi u latre.are .w Td a�esia It to an a :in danger tv, etn tux t l t _a --rc--brahe re' ousm� chi di6.6i d: itztg ea t otxaf ptibc schaot at churcl> vstttli_3='large dumber of-ys6 The other apparent reason for the denial of the permit was ekizCdrerra#kjixnchng based on the general welfare and safety of persons in the vicinity of The Thirsty Turtle.In this respect,Officer Rodney Located one block behind the proposed licensed premises is Tashiro, a member of the Sheriffs Department, was quoted a large low-income housing project. The remainder of the by another witness, without objection, as having stated: area behind the premises is primarily residential in nature. "that the presence of an establishment that sells or serves Directly across Laurent Street from the proposed licensed alcoholic beverages in an immediate location of a residential premises is a large residential neighborhood ofpredominantly neighborhood,and especially in the vicinity of a low-income single family homes. Many children live in the immediate housing project,results in a increase and[sic]police activity neighborhood *612 of The Thirsty Turtle establishment and in that area." play and travel within a close proximity to the business. City Police Captain Jessie Ramirez,with twenty-three years Qac bltse3c sott ta»I, t> est side a€ atti tiStreet is experience with the police department,testified as follows: S (l,�lettu �plto4[i r�hq pzopc�sradlZn�edprtrcpuses ys treated.lesgtl a. {1€I feef ftnan the rieei propetty une Q. Do you, based on your experience as a police officer, - -- have an opinion as to whether or not the granting of this _.. �sshool,-;ail#l�tzug`h.#lte.�ese�,aro;a�ir3e . dice license would increase the hazard to the general—in the pec t€ed 't y law`--Apow im$tely 5 =stud license we are talking about--a license to consume on nits a1d.Sltietdsit+ i .:-en areal wttiui apo7r€riiatela trvo-mrle i€tttathe.seht�l lt_yQas also premises beer and wine at the Thirsty Turtle? Do you sI> thidithese dren ge€teral y WalleoFrideih�irb�ycles have an opinion, based on your experience,whether or t€k gcht�1,or are;tsrnught to a.; tn.uttlt tttobilcs not that would increase the hazard to the general welfare -0 l and safety,and peace of that particular neighborhood? thgnrthe nsualscail aetii :ta>e place at the solioil A.Yes,sir.I feel it would. ,which involve-bout aildi=and-adults. Chief of Police Kenneth Rosenquest recommended that the The appellant gave testimony as to the location of other"on permit be denied at this location, saying that: "the location premises"businesses in the area.It was shown that five blocks of this business in an area that is primarily residential, near up Laurent Street from The Thirsty Turtle there was a business a public elementary school, and a church with a private operating with an on-premises beer and wine license. Eight elementary school,and a low income housing project would blocks away,on the same street, is an establishment selling change the character of this neighborhood as it presently mixed drinks on the premises.Fourteen blocks away, on the exists and would *613 affect the health,safety and welfare of the community." 11 ESTLAW is 2021 Thomson Reuters. No claim to original U.S. Government Works. 3 Helms v Texas Alcoholic Beverage Com'n,700 S.W.2d 607(1985) licensed for on-premises consumption within a five block Sheriff Dalton G."Dutch"Meyer wrote a letter to the county radius of the proposed licensed premises and that the location judge objecting to the granting of the application for the wine of the proposed licensed premises on this already heavily and beer retailer's permit at the Thirsty Turtle.Sheriff Meyer traveled thoroughfare,in the middle of an area comprised of stated: residences,a church and schools,would cause an increased traffic hazard and would result in an increase in danger to This business is located in an area that is primarily area children and residents and a safety hazard to the general residential and[sic]close proximity to a public elementary public. See TEX.ALCO.BEV.CODE ANN. § 61.42(a)(3) school.In addition it adjoins Church property which also (Vernon Supp.1985). operates a day school for pre-school children.The traffic generated from the business would pose an immediate There appears no evidence that the statute which provides danger to the many elementary aged children using the for the protection of the people of this State under sidewalks in going to and from school. In addition the the legitimate exercise of the State's police power was operation of this business would represent an adverse applied discriminatorily. See Diensr v Texas Alcoholic change in the nature of the neighborhood and contribute Beverage Commission, 536 S.W.2d at 670-71; Morgan v adverse effects to the general welfare, health, peace and Texas Alcoholic Beverage Commission, 519 S.W.2d 250, morals of the neighborhood. 253 (Tex.Civ.App.—Texarkana 1975, no writ). Appellant's Wrlrsecond point of error is overruled. t�',e�lsoEtxote_trial-illt��cc >�efos:� -district court i�n�aixie resdectts. f==Vqt In his third point of error, appellant contends that he { s �' uiet`ra° hy''tE fiPtf3G'�sliauld tftj �e was denied due process because of the manner that the e � =fiepe administrative hearing before the special county judge was Ftite.'� gs meted au a letter adtEe conducted.His primary complaint is that he was denied the 1'A13C6at tlte_1tt 'I hefrsrsiy Ilrttle�s►n a pitrly right to cross-examine several witnesses. m6tmhe sfif`3f c cd `'�ttthttri'� t t >aus q}�.tjts Specifically, a letter in apposition to the permit signed by ldcai �s a pulatte cieAtiiry sdhoo# a prta0e-parcrcliial Kenneth Rosenquest,Chief of Police of Victoria County,was ele S9h1„a1tch� sttd r'1owh° admitted into evidence for consideration by the county judge. IYr_*_kr-Oji' ' *`'*� See TEX.ALCO.BEV.CODE ANN. § 61.32{c} {Vernon 1978). *614 Similarly, a letter signed by Dutch Meyer, c6an :liteldam+liter;v ltsi=ubr"eft-)oocl* s;'�tt,Jirvseritly Sheriff of Victoria County, was admitted into evidence. exts;$ n 'would adversely`atl;ect-the-healthi=Ofety:and Appellant contends that these written recommendations were welfarfEtte ciammtuty" received into evidence and considered by the court without either of these two persons being present to be sworn in or Considering the entire record and all the evidence,we cannot cross-examined by appellant. say that reasonable minds could not have reached the same conclusion that the county court reached in denying appellant At the county court hearing, appellant objected to the his permit.Appellant's first point of error is overruled. introduction of both these letters solely on hearsav grounds. At no time did appellant complain to the county judge that In his second point of error, appellant contends that the he was denied a right to cross-examine the Chief of Police or decisions of the trial court and the county court denied him Sheriff and,therefore,denied due process.The record before the right to equal protection of the law as guaranteed by the us does not show that appellant ever attempted to subpoena Constitution of the United States and the State of Texas in the Chief of Police or the Sheriff as adverse witnesses, that other restaurants along Laurent Street that are in direct nor does the record reflect that appellant requested a recess competition with the appellant have been granted permits to during the administrative hearing so that he could obtain their sell beer and wine,while he has been denied such a right. presence. The County Court Special Judge, after hearing considerable We hold that,under these circumstances, the county court evidence and personally viewing the premises in question properly considered the recommendations of the Chief of and the surrounding area,found there were no establishments WESTLAW r-2021 Thomson Renters. No claim to original U.S. Government Works. 4 Helms v.Texas Alcoholic Beverage Com'n,700 S.W.2d 607(1985) Police and County Sheri$: See id. at § 61.32(c) and facts of the case as stated in the first part of this opinion, TEX.R.EVID. 803(8)and 901(7). Appellant's third point of we hold that the order of the county court was supported error is overruled, by substantial evidence. Appellant's fifth point of error is overruled. In his fourth point of error, appellant contends that section 61.42(a)(3),relied on by the county court to deny his permit, The judgment of the trial court is AFFIRMED. is unconstitutional because it is impermissibly vague.Section 61.42(a)mandates the county judge to"refuse to approve"an application for a license as a distributor or retailer if he has OPINION ON MOTION FOR REHEARING reasonable grounds to believe and finds that: We have reviewed that portion of our original opinion (3)the place or manner in which the applicant for a retail which discusses appellant's *615 objection on hearsay dealer's license may conduct his business warrants a grounds to the letters admitted as evidence in opposition refusal of a license based on the general welfare,health, to appellant's permit application. Appellant's Motion for peace,morals,safety,and sense of decency of the people. Rehearing complains that TEX.ALCO.BEV.CODE ANN. § 61.32(e)(Vernon 1978)and TEX.R.EVID.803(8)and 901(b) Whenever an attack on the constitutionality of a statute (7)do not support the admission of those letters. is presented for determination, there is a presumption that such statute is valid and that the legislature has not acted As stated in our original opinion, appellant's objection to unreasonably or arbitrarily in enacting the statute.The burden the letters was based on hearsay grounds only. On appeal, is on the individual who challenges the Act to establish its appellant complained that he was denied due process, and unconstitutionality. International Association o)'Firefighters did not reurge his hearsay objection. Therefore, neither the v City of Kingsville, 568 S.W.2d 391,393-94(Tex.Civ.App. hearsay objection at trial nor the point of error urging denial —Corpus Christi 1978,writ refd n.r.e.). of due process was properly before us. Furthermore, a statute is only considered to be Additionally, it is a well-settled rule that a judge sitting unconstitutional when it is so incomplete, vague, indefinite without a jury can provisionally admit evidence during trial.It and uncertain that it forbids the doing of an act so vague is then presumed on appeal that the judge had disregarded any that men of common intelligence must necessarily guess at incompetent evidence in reaching a judgment.See Gillespie its meaning. Sanders a State Department of Public Welfare, a Gillespie,644 S.W.2d 449,450(1982);Yccton,v State, 138 472 S.W.2d 179, 182 (Tex.Civ.App.—Corpus Christi 1971, Tex. 285, 158 S.W.2d 760, 765 (1942); Kaufhold a McIver, writ dism'd w.o.j.).See Murphy v Rowland,609 S.W.2d 292, 682 S.W.2d 660, 668 (Tex.Civ.App.—Houston [1st Dist.] 297 (Tex.Civ.App.—Corpus Christi 1980, writ refd n.r.e.). 1984,writ refd n.r.e.);Raymond v Aquarius Condominium Appellant failed to meet this burden.Appellant's fourth point Owners Assn,662 S.W.2d 82,92(Tex.App.—Corpus Christi of error is overruled. 1983,no writ). In his fifth and final point of error,appellant complains that Finally, even if there was error in admitting the letters of the county court erred when, under color of State law, it the public officials, there was sufficient other evidence to allowed a church to effectively veto appellant's application for support the finding of the county court.Therefore,we cannot a permit.In that regard,appellant goes on to complain that the say that the error, if any, resulted in the rendition of an State of Texas has"encouraged and fostered the establishment improper judgment.TEX.R.CIV.P.434;Raymond v Aquarius of a religion"in violation of the Establishment Clause of the Condominium Owners Assn, 662 S.W.2d at 92. Appellant's First Amendment to the constitution of the United States. Motion for Rehearing is overruled. Appellant's argument, although multifarious, is basically that the Northside Baptist Church opposed his permit on All Citations philosophical and morality issues rather than bonaride legal grounds.We disagree.This argument goes to the heart of the 700 S.W.2d b07 substantial evidence issue. Without reiterating the pertinent WESTl.AW Z 2021 Thomson Reuters. No claim to original U.S. Government Works. 5 Helms v.Texas Alcoholic Beverage Com'n,700 S.W.2d 607(1985) Footnotes Several witnesses testified that the appellant had stated that he intended to keep some turtles in a tank at the restaurant and,when things got slow, allow the patrons to choose a turtle to engage in turtle races. The person who picked the fastest turtle would win a prize,such as a drink. 2 The P.T.A.meets once a month at the school from 7:00 p.m.-9:00 p.m.;the boy scouts meet there in the evening several times a month;football teams(Little League and the YMCA)practice there two or three days a week until 5:00 p.m.;the YMCA Sunshine program is held there every Tuesday from approximately 2:15 p.m.to 4:30 p.m.;and other seasonal activities occur,such as the Halloween Carnival. End of Document ©2021 Thomson Reuters. No claim to original U.S. Government Works. 1WESTLAW rJ 2021 Thomson Reuters. No claire to original U.S. Government Works. 6 Dallas Merchant's and Concessionaire's Assn v.City of Dallas,852 S.W.2d 489(1993) In this cause, we consider whether an ordinance of a 852 S.W.2d 489 home-rule city prohibiting the sale of alcoholic beverages Supreme Court of Texas. within 300 feet of a residential area is preempted by the Texas Alcoholic Beverage Code (TABC). In 1990, DALLAS MERCHANT'S the Dallas Merchants and Concessionaires Association, the Texas Package Stores Association, and other individuals AND CONCESSIONAIRES (hereinafter"Merchants")filed suit against the City of Dallas ASSOCIATION et al., Petitioners, ("City")for declaratory and injunctive relief.The trial court V held that the ordinance was preempted by the TABC. The CITY OF DALLAS, Respondent. court of appeals reversed. 823 S.W.2d 347. We hold that an ordinance of a home-rule city prohibiting the sale of alcoholic beverages within 300 feet of a residential area is preempted No. D-2159. by the TABC.Consequently,we reverse the judgment of the court of appeals and affirm the judgment of the trial court. April 7,1993- 1 On September 30, 1987,the Dallas City Council("Council') Rehearing Overruled June 3,1998. passed Ordinance No. 19694 ("Ordinance"), which created Synopsis new zoning categories for South Dallas. The Ordinance Merchants association challenged validity of home-rule imposed a D-1 overlay on certain areas of South Dallas and city's zoning ordinance dispersing location of alcohol-related exempted certain areas that are outside of and do not effect businesses. The 134th District Court, Dallas County, Anne the residential areas of South Dallas.in this D-1 overlay area, Ashby Packer, J., granted relief; and city appealed. The no business is allowed to sell or serve alcoholic beverages Court of Appeals,823 S.W.2d 347,reversed and rendered,and within 300 feet of residentially zoned properties not located further appeal was taken. The Supreme Court, Hightower, on a freeway service road or other specified road.However, J., held that ordinance of home-rule city prohibiting sale of a business in a D-1 overlay area may sell or serve alcoholic alcoholic beverages within 300 feet of residential areas was beverages if the Council grants a specific use permit(SUP). preempted by Texas Alcoholic Beverages Code. On October 12, 1988, the Council approved Resolution 883306,which established the guidelines for evaluating SUP Reversed. applications for selling or serving alcoholic beverages in areas of South Dallas affected by the D-1 overlay.In June 1990,the Enoch, J., dissented and filed opinion in which Hecht and Merchants filed suit against the City. Comyn,JJ.,joined. Following a bench trial, the trial court rendered judgment which, among other things, granted the declaratory and Attorneys and Law Firms injunctive relief requested by the Merchants. The trial court concluded that the D—I overlay provisions of the Ordinance *489 Richard M Lannen,Diane Snelson,Eric V.Moy6,Eric conflicted with the TABC and was void to that extent under R. Cromartie, David C. Godbey, Andrew L. Siegel, Dallas, article XI,section 5 of the Texas Constitution.'The trial court for petitioners. also permanently enjoined the City from enforcing the D— Dan Morales, Austin, John Rogers, Dallas, W. Reed I overlay provisions of the Ordinance.The court of appeals Lockhoof, Austin, Analeslie U.Muncy,Fort Worth, Angela reversed and rendered judgment. Washington, *490 Sam A.Lindsay,Dallas,for respondent. I. OPINION The Merchants argue that the Ordinance is preempted by the HIGHTOWER,Justice. TABC.We agree. WESTLAW ®2021 Thomson Reuters. No claim to original U.S. Government Works, i Dallas Merchant's and Concessionaire's Assn v.City of Dallas,852 S.W.2d 469(1993) the Eleventh Court of Appeals held that the TABC did PREEMPTION OF HOME-RULE CITIES not preempt ordinances prohibiting the sale of alcoholic beverages.See Young, Wilkinson&Roberts v.City ofAbilene, To determine whether the Ordinance is preempted by the 704 S.W.2d 380, 383 (Tex.App.—Eastland 1985,writ refd Texas Alcoholic Beverage Code,we must decide whether the n.r.e.)("We hold that the Constitution and general statutes of Legislature,by enacting and amending the TABC,preempted this State do not deny the City[a home rule city]the right to ordinances of home-rule cities that prohibit the sale of regulate the area of the City in which liquor could be sold.'); alcoholic beverages under these circumstances. Home-rule Abilene Oil Distributors a City ofAbilene, 712 S.W.2d 644 cities have broad discretionary powers, provided that no (Tex.App.—Eastland 1986,writ refd axe). ordinance"shall contain any provision inconsistent with the Constitution of the State,or of the general laws enacted by the Subsequently, in 1987,the Legislature added section 109.57 Legislature of this State."TEX.CONST.art.XI,§5.Home- to the TABC and further amended it in 1991 to read in part: rule cities possess the full power of self government and look (a) Except as expressly authorized by this code, a to the Legislature not *491 for grants of power,but only for limitations on their power. MJR's Fare of Dallas a City of regulation, charter, or ordinance promulgated by a Dallas, 792 S.W.2d 569, 5?3 (Tex.A Dallas 1990,writ governmental entity of this state may not impose stricter pp standards on premises or businesses required to have a denied). license or permit under this code than are imposed on An ordinance of a home-rule city that attempts to regulate a similar premises or businesses that are not required to have subject matter preempted by a state statute is unenforceable such a license or permit to the extent it conflicts with the state statute. See City (b) It is the intent of the legislature that this code shall of Brookside Pillage a Comeau, 633 S.W.2d 790, 796 exclusively govern the regulation of alcoholic beverages (Tex.1982), cert. denied, 459 U.S. 1087, 103 S.Ct. 570, in this state, and that except as permitted by this code, 74 L.Ed.2d 932 (1982). However, "the mere fact that the a governmental entity of this state may not discriminate legislature has enacted a law addressing a subject does not against a business holding a license or permit under this mean the complete subject matter is completely preempted." code. City of Richardson v.Responsible Dog Owners, 794 S.W.2d 17, 19(Tex.1990)."[A]general law and a city ordinance will (c)Neither this section nor Section 1.06 of this code affects not be held repugnant to each other if any other reasonable the validity or invalidity of a zoning regulation that was construction leaving both in effect can be reached." City of formally enacted before June 11,1987 and that is otherwise Beaumont v.Fall, 116 Tex. 314,291 S.W. 202,206 (1927). valid,or any amendment to such a regulation enacted after Thus,if the Legislature chooses to preempt a subject matter June 11, 1987 if the amendment lessens the restrictions usually encompassed by the broad powers of a home-rule on the licensee or permittee or does not impose additional city, it must do so with unmistakable clarity. See City of restrictions on the licensee or permittee. For purposes of Sweetwater v. Geron, 380 S.W.2d 550,552(Tex.1964). this subsection, "zoning regulation" means any charter provision, rule regulation, or other enactment governing the location or use of buildings,other structures,and land. TEXAS ALCOHOLIC BEVERAGE CODE TEX•ALCO.BEV.CODE ANN. § 109.57(a), (b) & (c) (Vernon Supp.1992). The Legislature's intent is clearly In 1977, the Legislature codified the Texas Liquor Control expressed in section 109.57(b)of the TABC—the regulation 2 of alcoholic beverages is exclusively governed by Act into the TABC. Prior to the codification, several courts of appeals held that various ordinances of home- lite Provisions of the TABC unless otherwise *492 rule cities prohibiting the sale of alcoholic beverages were providecL TEX.ALCO.BEV.CODE ANN. § 109.57(b) not preempted by the Texas Liquor Control Act. See, e.g., (Vernon Supp.1992). Section 109.57 clearly preempts an City oJ'Clute v Linscomb, 446 S.W.2d 377(Tex.Civ.App.— ordinance of a home-rule city that regulates where alcoholic Houston [1st Dist.] 1969,no writ);Louder v. Texas Control beverages are sold under most circumstanceO Accordingly, Board,214 S.W.2d 336(Tex.Civ.App.—Beaumont 1948,writ we hold that,to the extent of any conflict,the TABC preempts refd n r.e.);Eckert a Jacobs, 142 S.W.2d 374(Tex.Civ.App. the Ordinance.5 —Austin 1940, no writ). Subsequent to the codification, WEESTLAW (9)2021 Thomson Reuters. No claim to original U.S. Government Works. 2 Dallas Merchant's and Concessionaire's Assn v.City of Dallas,852 S.W.2d 489(1993) We:;zeectgu ze the_Iienefits.of-and nauces__wldc i_pzoliab the-sate.of.alcohol t�.beverages=Wid- -th li. Houcver,',kle eitpzess lavage Qf;secgiociiQ9.57- ottaels tlas co rt gtt effect 16-;the egislstt e,A clear 3nrenr The City argues that if section 109.57 preempts an ordinance the;Qrdmaace-isQteeaipted fa tkieextea-itctt�Qtktlte of a home-rule city regulating where alcoholic beverages TA$G_;Tltecfore,-: reverse thirudgmen-Qf-flze-cotrit€i are sold,sections 61.37, 109.31, 109.32, and 109.33 will be Ip court; rendered meaningless.6 We disagree. Secfivn = #QtS7-. ress}y , fates.:!that .Elle Dissenting opinion by ENOCH, J.,joined by HECHT and 7usF�l: excEtlstVh x.`goVerlt,� the regttlaau' asl' CORNYN,JJ. � i'A`?Cti-UGY�.itw.SCtxx .' t�1Gi y1c _ -by Z11G TOO WX L1,T..�C QWW' NN W7(v ton ENOCH,Justice,dissenting. Sp97 �`T�-#3a `c`E1BC alg�rrsLordsnanaes hots The city of Dallas faces a severe impediment to its 5f# u it41SaF•.- tlhatu""50XVFX es+u3€1y redevelopment efforts for a portion of its community tutsvta #atices` to sit+ L49i33ttle (South Dallas) that suffers disproportionately from poverty s?e of -ilgur t3 be pczlatwxfttttt;= sti#ential-arms and crime. The Dallas Merchant's and Concessionaire's uttl b5r�A*fi9A5XAkVQAWQQI E ANl*1 109, Association, the Texas Package Stores Association, Inc., (VVer ►#tl } td¢i€ 13 „tB�e safe oFhrmay t and the five grocery and liquor store owners who are bpriibitedIitr►Lesttleiiia�areas botxttiattcc atcharter' petitioners in this Court all readily concede that alcohol- TPOK .G-�1UMM etnoll-_1978). related businesses are overly concentrated in certain areas of '��-oRb� �'e= �a�ul�blc_t�vtltec ,l�acaeve�,.in the City of Dallas,that this concentration of such businesses tius=c #lam-`P__r4 anh '}t natpt r#a # bi€ tFie� sate Elf T t causes severe problems in these areas, and that the City hgtiorud'l ? �*rester hay Aorcimance tray of Dallas adopted Ordinance No. 19694 to reduce this �ltdaic�t��nt�`t�f i �,-p�n acS�ent�al azca� oir _ concentration and alleviate these problems.Today the Courtquo pas141��Irrttln�xesrdemtlsl adopts petitioners'argument'that,regardless,the Legislature e 'ALW d3EK @I? :f§§x109� 32-.(.v cin requires these matters to only be addressed by the Texas Alcoholic Beverage Commission in Austin, and not by the Dallas City Council.As much as we all are concerned about 40 ; put� eourtt p strcxtyi t`a; rolsthale u7tt e s oCeltoIzc lie _, community restoration,I too would have joined the majority veragesieaE ? hoe plane ohusmess if the law required this result.But,the Court's decision is not .i4ttrt`3€ e �-a cht�c��1Yo�>;'rir-publtc)metal. E TE__71t?�B3? C © mandated by the law.Therefore 1 dissent. 9 WT V�r�gr< S 2992): 'Lioihsrlivailabls° ' -Efosvgvez todnsOrdinance No. 19694 prohibits the location of businesses cthle QrEanat _attempfs#ctrg�rahbtt the sate:of a#colwlic selling or serving alcoholic beverages within 300 feet of berz rages urt#ltin E 3 Feet P� denttalr —n within residentially zoned property in certain areas of the city 3t# f ofa urc sclwo.... T3liehosgita without a special use permit.The issue before us is whether this limited restriction on the location of alcohol-related Likewise, section 61.37 does not conflict with section businesses is preempted by Tex.Alco.Bev.Code § 109.57(a) 109.57.Section 61.37 states that a city secretary will merely and(b). Section 109.57(a)provides that an ordinance"may certify whether an ordinance or charter prohibits the sale of not impose stricter standards on premises or businesses" alcoholic beverages in the area where alcoholic beverages will required to be licensed under the Code than on similar potentially be sold. TEX.ALCO.BEV.CODE ANN. § 61.37 premises or businesses.(emphasis added).Section 109.57(b) (Vernon 1978). Under this section, certification is properly states that "it is the intent of the legislature that this code withheld only if an ordinance or charter prohibits the *494 shall exclusively govern the regulation ofalcoholic beverages sale of alcoholic beverages in a manner allowed by the TABC. in this state, and that except as permitted by this code, See TEX.ALCO.BEV.CODE ANN.§61.37(Vernon 1978). a governmental entity of this state may not discriminate WESTLAW Cc)2021 Thomson Reuters. No claim to original U.S. Government Works. 3 Dallas Merchant's and Concessionaire's Ass'n v.City of Dallas,852 S.W.2d 489(1993) - against a business holding a license or permit under this and appurtenances pertaining to the grounds, including any code."(Emphasis added.) adjacent premises if they are directly or indirectly under the control of the same person."Tex.Alco.Bev.Code Ann. § In my view,Ordinance No. 19694 does not"impose stricter 11.49(a) (Vernon 1978). Section 11.49(a) refers only to the standards on alcohol-related businesses or premises"within physical premises; it does not define"premises"to include the meaning of section 109.57(a). Rather, it restricts the the location of a licensed business. The Ordinance does location of such businesses in some areas under some not attempt to regulate the physical premises. Additionally, conditions. Nor does the ordinance attempt a"regulation of nothing in the Ordinance addresses how the business of alcoholic beverages."The ordinance has nothing to do with selling alcohol is to be conducted. The Ordinance only beverages. Nor does the ordinance "discriminate" against regulates the location of the business. alcohol-related businesses. it merely imposes a restriction on their location to alleviate community problems which The Court recognizes that a city ordinance will not be petitioners concede such businesses cause.Z This Ordinance is held repugnant to a general law of the state "if any not,on its face,inconsistent or in conflict with state law.The other reasonable construction leaving both in effect can be ordinance is a reasonable supplement to state law to address reached," 852 S.W.2d at 491, (citing to City of Richardson a local problem.Both should remain in effect. v. Responsible Dog Owners, 794 S.W.2d 17 (Tex.1990)). Because a reasonable reading of these two statutes prevents Assuming for the sake of argument that"location" may be the conflict the reasoning of the Court creates, there is no considered a type of *495 "standard"governing businesses, basis for restricting the City of Dallas'grant of authority to the law would still not mandate the outcome claimed by the promulgate zoning regulations under sections 211.001—.013 Court.The Local Government Code states: of the Local Government Code. If a zoning regulation adopted under this subchapter ... The Court's holding seriously hampers the ability of imposes higher standards than those required under another municipalities to combat problems associated with the sale statute or local ordinance or regulation, the regulation of alcohol. The City of Dallas did not seek to prohibit the adopted under this subchapter controls.If the other statute sale of alcohol,merely to disperse the locations for its sale or local ordinance or regulation imposes higher standards, in order to achieve a reduction in the problems associated that statute,ordinance,or regulation controls. with the sale of alcohol such as increased crime, drinking Tex.Loc.Gov't Code Ann. § 211.013(a) (Vernon 1988) on premises,litter,loitering,public intoxication,urinating in (emphasis added). public, and harassment of children and elderly residents.3 As petitioners admit,if cities cannot restrict the location of The Court's reading of section 109.57 of the Alcoholic alcohol-related businesses, then only the Texas Alcoholic Beverage Code creates a direct conflict between it and section Beverage Commission can,in the course of granting licenses 211.013(a).852 S.W.2d 489,493 n.7.Where possible,courts to businesses. Yet it would be virtually impossible for the are to construe language used in statutes so as to harmonize all Commission to obtain sufficient information in licensing relevant laws,not create conflict.La Sara Grain Co. v.First proceedings to determine whether,how and where to impose Nat'l Bank of Mercedes, 673 S.W.2d 558, 565 (Tex.1984); such restrictions in the dozens of cities where they might State v. Standard Oil Co., 107 S.W.2d 550,559(Tex.1937). be used. Petitioners admit that the Commission has not Since it is possible, this court must construe the Local undertaken this responsibility to date, and it is farfetched Government Code and the Alcoholic Beverage Code so that to think the Commission would even try. The suggestion both provisions are given effect. that the Legislature has decided that the Commission should address the local problems involved here instead ofhome-rule Section 109.57(a) prohibits a city from imposing stricter cities is most unlikely.Only those local planning,zoning and standards on premises or businesses licensed under the legislative bodies have,or can be expected to have,a pulse on Alcoholic Beverage Code than are imposed on similar the particular land use needs of their jurisdiction. premises or businesses not required to have a license. Tex.Aico.Bev.Code Ann. § 109.57(a) (Vernon 1978) *496 1 agree with the Court that"if the Legislature chooses (emphasis added). The Alcoholic Beverage Code defines to preempt a subject matter encompassed by the broad "premises" as "the grounds and all buildings, vehicles, powers of a home-rule city,it must do so with unmistakable 11VfESTLAWM _D 2021 Thomson Reuters. No claim to original U.S. Government Works. 4 Dallas Merchant's and Concessionaire's Assn v.City of Dallas,852 S.W.2d 489(1993) clarity."852 S.W.2d at 491.Whatever may be said of section 109.57, it cannot seriously be argued that the statute makes unmistakabiv clear that the Legislature has preempted the HECHT and CORN YN,JJ.,join in this dissenting opinion. City of Dallas from exercising its broad zoning powers to improve living conditions within its borders. Preemption is All Citations even less likely when one considers the result. 852 S.W.2d 489 T would affirm the judgment of the court of appeals, thus T respectfully dissent. Footnotes 1 In the findings of fact,the trial court stated in part: 14.None of the SUPs filed by any Establishment within the areas zoned D-1 by Ordinance 19694 had been granted. 15.The criteria adopted by the Dallas City Council make it virtually impossible for any existing Establishment to qualify for a SUP. 16. Ordinance 19694 conflicts with and is preempted by the Texas Alcoholic Beverages Code("TABC"), in that:the Ordinance and the SUP standards impose location restrictions that are inconsistent with the TABC; the Ordinance and the SUP standards attempt to regulate the sale of alcoholic beverages, other than beer, by ordinance; the Ordinance and the SUP standards discriminate against establishments holding permits issued under the TABC,and; the Ordinance and the SUP standards impermissibly attempt to disenfranchise the choice of the voters of the areas affected by Ordinance 19694 in violation of the Local Option provisions and procedures set forth in the TABC. 2 "[The TABC] is intended as a recodification only, and no substantive change in the law is intended by this AcL"Acts 1977,65th Leg.,ch. 194,§7. 3 While the dissent contends that the legislature did not deny home rule cities the ability to regulate with unmistakable clarity under these circumstances, how much more dear must the legislature be than Section 109.57(b),which states: "It is the intent of the legislature that this code(TABC]shall exclusively govern the regulation of alcoholic beverages in this state...."TEX.ALCO.BEV.CODE ANN.§109.57(b)(Vernon Supp.1992).In addition,Senator McFarland,who was a member of the Conference Committee on H.B. 1652 which enacted Section 109.57, indicated that Section 109.57 was intended to clarify that the TABC governed the location of licensees and permittees and that cities could only regulate the location of licensees and permittees in the instances provided by the TABC.Specifically,Senator McFarland stated, [I]t[Section 109.571 says except as authorized by this code [a governmental entity may not regulate the location of a business holding a license or a permit]and there's numerous provisions throughout the code which governmental entities have the authority by zoning or other ordinances,to limit the location of businesses or the type of businesses selling alcoholic beverage. Debate of conference committee report on Tex.H.B. 1652 on the floor of the Senate,70th Leg.(June 1, 1987)(colloquy between Senators McFarland and Washington). 4 Section 109.57(d)of the TABC states: (d)This section does not effect the authority of a governmental entity to regulate,in a manner as otherwise permitted by law,the location of: (1)a massage parlor,nude modeling studio,or other sexually oriented business;or (2)an establishment that derives 75 percent or more of the establishment's gross revenue from the on-premise sale of alcoholic beverages. Because none of the parties assert that the Ordinance implicates this provision,we express no opinion concerning its applicability. Since the following cases pre-date the enactment of section 109.57, they are not applicable when determining the preemptive effect of section 109.57.See Abilene Oil Distributors v.City of Abilene,712 S.W.2d 644(Tex.App.—Eastland 1986,writ refd n.r.e.);Young,Wilkinson&Roberts v.City ofAbilene,704 S.W.2d 380(Tex.App.—Eastland 1985,writ reed n.r.e.);T&R Assoc.,Inc.v.City of Amarillo,688 S.W.2d 622,625(Tex.Civ.App.—Amarillo,writ refd n.r.e.);Massengale v. City of Copperas Cove, 520 S.W.2d 824, 829 (Tex.Civ.App.—Waco 1975, writ refd n.r.e.; Derkard v. City of Port Lavaca,491 S.W.2d 748,751 (Tex.Civ.App.—Corpus Christi 1973,no writ); City of Clute v.Linscomb,446 S.W.2d 377 (Tex.Civ.App.—Houston[1 st Dist.]1969,no writ);Discount Liquors No.2,Inc.v. Texas Liquor Control Board,420 S.W.2d WESTLAW C 2021 Thomson Reuters. No claim to original U.S. Government Works. 5 Dallas Merchant's and Concessionaire's Assn v.City of Dallas,852 S.W.2d 489(1993) 422,423,425(Tex.Civ.App.—Amanllo 1967, writ refd n.r.e.); Louder v. Texas Liquor Control Board,214 S.W.2d 336 (Tex.Civ.App.—Beaumont 1948,writ refd n.r.e.);Eckert v.Jacobs,142 S.W.2d 374(Tex.Civ.App.—Austin 1940,no writ). 5 The dissent argues that if this court holds that the TABC preempts an ordinance regulating where alcoholic beverages are sold,sellers of alcoholic beverages will not have to comply with any city ordinance.This argument is without merit. Section 109.57(a)provides that an ordinance may not impose stricter standards on alcohol related businesses than on non-alcohol related businesses.TEX.ALCO.BEV.CODE § 109.57(a)(Vernon Supp.1992). For example, under section 109.57(a), an ordinance requiring all businesses with the same kind of premises to have a fire extinguisher on their premises would not violate section 109.57(a).On the other hand,an ordinance requiring an alcohol related business to have two fire extinguishers and only required a non-alcohol related business with the same kind of premises to have one fire extinguisher would violate section 109.57(a). 6 Section 61.37 reads in pertinent part: (a)The County Clerk of the county in which an application for a license is made shall certify whether the location or address given in the application is in a wet area and whether the sale of alcoholic beverages for which the license is sought is prohibited by any valid order of the commissioners court. (b)The city secretary or clerk of the city in which an application for a license is made shall certify whether the location or address given in the application is in a wet area and whether the sale of alcoholic beverages for which the license is sought is prohibited by charter or ordinance. TEX.ALCO.BEV.CODE ANN.§61.37(Vernon 1978).Section 109.31 reads: A city by charter may prohibit the sale of liquor in all or part of the residential sections of the city. TEX.ALCO.BEV.CODE ANN.§109.31 (Vernon 1978). Section 109.32 reads in pertinent part: (a)An incorporated city or town by charter or ordinance may: (1)prohibit the sale of beer in a residential area;and (2)regulate the sale of beer and prescribe hours when it may be sold,except a city or town may not permit the sale of beer when its sale is prohibited by this code. TEX.ALCO.BEV.CODE ANN.§109.32(Vernon 1978).Section 109.33 reads in pertinent part: (a)The commissioners court of county may enact regulations applicable in areas in the county outside an incorporated city or town,and the governing board of a city or town may enact regulations applicable in the city or town,prohibiting the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a church, public school,or public hospital. TEX.ALCO.BEV.CODE ANN.§109.33(Vernon Supp.1992). 7 The dissent incorrectly asserts that Section 211.013 of the Local Government Code allows a home rule city to impose higher standards upon licensees and permittees.This conclusion is erroneous because of Section 109.57(a)of the TABC. Section 109.57(a)states than an ordinance promulgated by a governmental entity may not impose stricter standards on premises or businesses of a permittee than on similar premises and businesses not required to have a license or permit. The Ordinance imposes a stricter standard than allowed by the TABC,specifically,by regulating the location of businesses required to have licenses or permits under the TABC in circumstances not allowed by the TABC.Section 109.57(a)was by its terms enacted to exempt licensees and permittees from Section 211.013 of the Local Government Code. The application of the doctrine of expressio unius est exclusio alterius further demonstrates the weakness of the dissent's conclusion that the City may regulate in this instance.That doctrine provides that the inclusion of a specific limitation excludes all others. Royer v. Ritter, 531 S.W.2d 448, 449 (Tex.CivApp.—Beaumont 1976,writ refd n.r.e.). Sections 109.31-33 and 109.57(d)provide specific instances when a govemmental entity,such as a home-rule city,may regulate the location of an alcohol related business.Thus,by expressly stating under what circumstances a governmental entity may regulate the location of an alcohol related business,it follows that there are no other instances when a governmental entity may regulate the location of an alcohol related business.The parties do not assert and we can not find any applicable grant of power to governmental entities to regulate the location of the sale of alcohol in this case. $ In addition to regulating alcoholic beverages pursuant to sections 109.31-33, a city may make recommendations or protest the issuance of a permit by the Texas Alcoholic Beverage Commission. See TEX.ALCO.BEV.CODE ANN. § 11.41(a)(Vernon 1978). 1 The five business owners are Solomon Tadesse,d/b/a S&M Grocery, Nguyen Ha Lam,dtb/a M&D Liquor,Son Ngoc Nguyen,d/b/a Bingo Liquor,Youg Suk Bragdon,d/b/a K&B Grocery,and Thung Vam Tam,d/b/a Lee's Grocery. 2 This is not to say that any ordinance restricting the location of alcohol-related businesses would be allowed by state law. Obviously, an ordinance that prohibited the location of such businesses within a much larger distance from residential property might have the effect of eliminating those businesses altogether. Such an ordinance would conflict with state WESTLAW c 2021 Thomson:Reuters. No claim to original U.S. Government Works. 6 Dallas Merchant's and Concessionaire's Assn v.City of Dallas,852 S.W.2d 489(1993) law. But an ordinance which is both written and applied to impose a limited restriction on location for a valid purpose does not conflict with section 109.57. 3 Several community leaders in the South Dallas/Fair Park area testified that these problems were exacerbated by the excessive concentration of alcohol related businesses in the area. End of Document G 2021 Thomson Reuters. No claim to original U.S. Government Works. WESTLAW Z 2021 Thomson Reuters. No claim to original U.S. Government Works. 7 Sarah Brunkenhoefer From: CitySecretary Sent: Monday, August 9, 2021 1:20 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Public Input: 08-10-2021 - Emily Stadnicki FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Monday, August 9, 202112:03 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 08-10-2021 - Emily Stadnicki [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@iotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. Public Comment & Input Form Date of Meeting 08-10-2021 Name Emily Stadnicki Address Street Address: 1604 Casa Grande Street City: Pasadena State/ Province: CA Postal /Zip Code: 91104 Topic Variance Case No. 21ZN1026, 1911 South Staples Street Agenda Item Number 18 Describe Feedback: Please see attached letter of support. Uploads: Letter of support for 1911 S Staples.pddf Provide an email to receive a copy of your emilystadnicki gmail.com submission. 1 EMILY FOELKER STADNICKI , AICP 1604 C_1S_1 GIZI\DE STRFeET• PASADENA,CAI.I1�ORNI_1 9I 1o4 - PHONI,: -'1 300.961 (� August 9, 2021 Rebecca L. Huerta, City Secretary City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 Via email to citysecretaty@cctexas.com RE: Variance Case No. 21ZN1026, 1911 South Staples Street Dear Ms. Huerta, Please share with the members of City Council. I am writing to express my support for the aforementioned variance for 1911 South Staples Street to allow the sale of alcoholic beverages for on- premise consumption within 300 feet of a public school. I was born and raised in Corpus Christi and although I now live in Pasadena, California - Corpus will always be home. (I have a Master's degree in City & Regional Planning and over twenty-five years as a professional planner; I have worked in several states in a variety of settings, mostly municipalities.) The applicant and his partners are long-time friends and asked me to review the particulars of this case. I have examined Senior City Planner David Stallworth's staff report and the relevant Municipal Code and Texas Alcoholic Beverage Code sections. Mr. Stallworth's analysis is very thorough and well written, but I'd offer the following for your consideration: ■ This Six Points area is obviously ripe for redevelopment. An establishment of the kind proposed could serve as a catalyst for an upward trend. As you know, absentee landlords and vacant buildings breed undesirable activity. While neighbors had to endure the negative impacts of a sexually oriented business for decades and are understandably weary of a business that serves alcohol, the proposal couldn't be more different from the previous use. The applicant team is passionate about this type of music venue, has the capacity to bring it to fruition, and the experience to manage it successfully. The City should be supporting this type of development in every way possible. It is nonsensical to impede this use that doesn't conflict with school hours, when liquor stores, tobacco stores, convenience stores selling beer and wine and vape stores (all of which have overlapping hours with the school in question) would be allowed by-right. ■ My interpretation of Corpus Christi Municipal Code §4-5(f)', which mirrors the state code language, is that only one of the findings must be made. While I see why the Development Services Department assumed otherwise, I think without more definitive language explicit in the Code, an argument could be made that the "or" indicates that only one of the preceding must be demonstrated. In this case, several of the findings can be made — and, in fact, are made in the staff report. (f) The city council Wray, rtpon application of a business regtdatc6l raider•this section, allow a variance to 1he regulation if the council determines drat egforcemenl of the regulation in a particular instance is not ill the hest interest of'the public, canatitrrtes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or- perrnit. does not serve its intended purpose, is not effective or necessary, orfor any other rea,,;mi, after consideration of the health, safely, and we fare ofMe public and the equities gl'the simafirnr, determines it is in the hest interest ofthe comrrrunitY. [Corpus Christi Municipal Code §4-5(f)] Huerta 819121 Page 2 ■ Variances are, by definition, an exception that is made for special circumstances. They are often included in state Codes to allow for local control, because it is understood that general rules aren't always effective in particular situations or have unintended consequences. As a corollary, those most informed to determine when that is the case are local decision-making bodies. This is one of those instances where City Council can look at the totality of the circumstances and apply good judgement and logic. ■ In my experience, if the principal of Metro Elementary School of Design, CCISD, the Metro E PTA and other interested parties associated with the school haven't come out in opposition, they are neutral. There may even be an opportunity to collaborate with this innovative arts- oriented curriculum. The owners are certainly open to this type of prospect, perhaps providing space for musicians to meet with students during school hours or hosting school fundraisers. This venue wants to be a part of the community. Thank you for your time and attention. I hope that you will use this as an opportunity to propel the neighborhood in the right direction. Sincerely, Sa 4�7SNI�< Emily F. Stadnicki, AICP CC: David Stallworth, AICP Senior City Planner Development Services Department City of Corpus Christi 2406 Leopard St, Corpus Christi, TX 78408 Via email to davids7cz?cctexas.com Norma Duran From: JotForm <norepiy@jotform.com> Sent: Sunday, August 8, 2021 4:38 PM To: CitySecretary; Norma Duran Subject: [EXTERNAL]Public Input: 08-10-2021 - Brenda Pack [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correc please contact the Helpdesk at 826-3766. . ublic Comment & Input Form Date of Meeting 08-10-2021 Name Brenda Pack Address Street Address: 13926 Longboat Dr Street Address Line 2: - City: Corpus Christi State/ Province: TX Postal/Zip Code: 78418 Topic Rezoning SFR to Bed and Breakfast Agenda Item Number 0621-01 Describe Feedback: I, along with 80%of the other PIPOA members are vehemently AGAINST allowing any STR in the residential portions of our neighborhoods west of Park Road 22. There is a preponderance of evidence from other locales that allow STRs (as close as Port Aransas) to support our wishes AGAINST allowing STRs in any form in our neighborhoods. In this specific location on Mizzen, along with all our other streets, there is not enough parking to support 10 guests! No one wants to live next to a party house and this is specifically designed to be just that.This is not what the majority of residents moved here for nor what we pay huge amounts of taxes for. We expect the city to whom we contribute so much to protect us from this ridiculous idea of allowing STRs. We also expect the city to ENFORCE current and future ordinances regarding this problem.Those who refuse will be voted out. I ' ? Provide an email to • f f receive a copy of your bryndapack@gmail.com - a l a ? submission. r 2 Norma Duran From: JotForm <noreply@jotform.com> Sent: Sunday, August 8, 2021 4:46 PM To: CitySecretary; Norma Duran Subject: [EXTERNAL]Public, Input: 08-10-2021 - Jay Green [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. fl -Public Comment & Input Farm Date of Meeting 08-10-2021 Name Jay Green Address Street Address: 15733 Finistere Street City: Corpus Christi State/ Province: TX Postal /Zip Code: 78418 Topic Rezoning Case No. 0621-01 Agenda Item Number 18 Describe Feedback: I am OPPOSED to rezoning any single family residents on North Padre Island to Bed & Breakfasts. Neighborhoods are designed for families to live in, make communities, and have stability. Homeowners generally pay attention to house upkeep, are respectful of their neighborhood and neighbors, and take an active interest in the betterment of their community, to include crime prevention. None of this is achieved with a bed & breakfast.The transient nature o the guests, who will have no interest in the upkeep of the home they are renting or the temporary neighborhood in which they are staying, will erode the North Padre Island community.The quality of life in our North Padre Island neighborhoods will be lost to the desires of"investors" who care not about our island or Corpus Christi, but only about making short-term profits. Crime will increase as it has in other costal communities who let bed & breakfasts and "short- s a r,... term rentals"-in.Hotels,Which*are'REGULATED, r t ,. r.' exist for visitors. f Provide an email to et receive a copy of your lgreenpirate@gmaii.com s submission. 2 Norma Duran From: JotForm <noreply@jotform.com> Sent: Sunday, August 8, 2021 4:48 PM To: CitySecretary; Norma Duran Subject: Public Input: 08-10-2021 - April Green C C WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. -Public Comment && Input Form Date of Meeting 08-10-2021 Name April Green Address Street Address: 15733 Finistere Street City: Corpus Christi State/ Province: TX Postal/Zip Code: 78418 Topic Rezoning Case No. 0621-01 Agenda Item Number 18 Describe Feedback: I am OPPOSED to rezoning any single family residents on North Padre Island to Bed & Breakfasts. Neighborhoods are designed for families to live in, make communities, and have stability. Homeowners generally pay attention to house upkeep, are respectful of their neighborhood and neighbors, and take an active interest in the betterment of their community, to include crime prevention. None of this is achieved with a bed & breakfast. The transient nature o the guests, who will have no interest in the upkeep of the home they are renting or the temporary neighborhood in which they are staying, will erode the North Padre Island community. The quality of life in our North Padre Island neighborhoods will be lost to the desires of"investors" who care not about our Island or Corpus Christi, but only about making short-term profits. Crime will increase as it has in other costal communities who let bed & breakfasts and "short- s r term rentals in.:Hotels,which-are REGULATED, f ` ex'ist for visitors: Provide an email to receive a copy of your aprilsgreen@gmail.com submission. 2 Norma Duran From: JotForm <noreply@jotfcrm.com> Sent: Sunday, August 8, 2021 7:06 PM To: CitySecretary; Norma Duran Subject: Public Input: 08-10-2021 - Roy Sharp [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. !jblic Comment & Input Form Date of Meeting 08-10-2021 Name Roy Sharp Address Street Address: 15037 SPID City: Corpus Christi State/ Province: TX Postal/Zip Code: 78418 Topic item #18 property at 13845 Mizzen Street Agenda Item Number item #18 property at 13845 Mizzen Street Describe Feedback: Ms Mayor& City Council members, am extremely opposed to changing zoning in Single Family Residential areas to allow mini hotels or Short Term Rentals. My family researched and avoided other cities which allow STRs and specifically chose Corpus Christi because we could live in a neighborhood where they are illegal. If you retroactively change this zoning we will retain legal counsel and sue all parties who support this change. No STRs in Single Family Residential Roy Sharp Provide an email to receive a copy of your roy.sharp@mall.com submission. f ! r 1 2 Norma Duran From: JotForm <noreply@jotform.com> Sent: Sunday, August 8, 2021 8-136 PM To: CitySecretary; Norma Duran Subject: [EXTERNAL]Public Input: 08-10-2021 - Michael Starek [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. nPublic Comment & Input Farm Date of Meeting 08-10-2021 Name Michael Starek Address Street Address: 15917 Cabo Blanco City: Corpus Christi State/ Province: TX Postal/Zip Code: 78418 Topic Short term rentals and bed and breakfast on Padre zisland Agenda Item Number 21-0755 Describe Feedback: Asa property owner on North Padre Island, I vehemently oppose the allowing of short term rentals, bed and breakfast properties, or any other related businesses or activities within residentially zoned neighborhoods/sections/divisions on North Padre Island, especially those under jurisdiction of the PIPOA.The community is already under attack from lack of consistent regulation of property upkeep, increasing crime and traffic, increasing litter and pollution, while we are paying increasing property taxes to the city.That is fine provided the community is respected and treated well, so as to maintain its integrity and aesthetics as a beautiful place to live. Allowing STRs or B&Bs within these zoned residential/family areas will assuredly result in deterioration of these community zones as intended. i Resectfull P. Y. Provide an email to receive a copy of your mstarek@gmail.com . submission. 2 Norma Duran From: JotForm <noreply@jotform.com> Sent: Sunday, August 8, 2021 9:54 PM To, CitySecretary; Norma Duran Subject: Public Input: 08-10-2021 - Candace Tidmore [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to 5ecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. -public Comment & Input Form Date of Meeting 08-10-2021 Name Candace Tidmore Address Street Address: 15322 Bowsprit Ct City: Corpus Christi State/ Province:Texas Postal/Zip Code: 78418 Topic Oppose Request for Zoning Change Agenda Item Number 18 Describe Feedback: As an Island resident, I oppose a zoning change from RS6 to the special permit status as requested for 13845 Mizzen Street. I am opposed to this request for a bed and breakfast in my neighbor as it will change the economic and social fabric of our residential neighborhood. Businesses currently are not allowed to operate in our neighborhood and this should continue to include bed and breakfasts. Not only will this affect the character of our neighborhood, but to allow this zoning change will lead us down the slippery slope to short-term rentals, which 80%of the neighborhood has already indicated by survey is not wanted due to short term rentals creating disruptive party houses, negatively impacting the housing inventory for long term renters (as is occurring now in Port Aransas), and creating an unequal playing field for our local hotel industry (no staff on payroll or safety regulations to 1 F comply with). We object to the change. Please protect our:neighborhood. Provide an email to receive a copy of your candace_tidmore@yahoo.com submission. z Norma Duran From: CitySecreta ry Sent: Monday, August 9, 2021 8:53 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: City Council Meeting August 10, 2021 Rezoning Request at13845 Mizzen St. 78418 FYI. Thank you, Aly Berlanga From:john smelley<johns6@sbcglobal.net> Sent: Monday, August 9, 20217:32 AM To: CitySecretary<CitySecretary@cctexas.com> Subject: City Council Meeting August 10, 2021 Rezoning Request at13845 Mizzen St. 78418 [ [ WARNING: External e-mail. Avoid clicking on Links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Dear City Council Members, As a property owner on Padre Island I am opposed to August 10,2021 City council Meeting item #18 deals with a property at 13845 Mizzen Street. The owners of this property are requesting a zoning change to allow this property to be a Bed and Breakfast. This property has been used as a short-term rental and is located in the RS6 single-family zoned district. By City ordinance, short-term rentals are not allowed in the RS6 Zone. Please vote NO. John Smelley 15361 Key Largo Corpus Christi, Tx 78418 z Norma Duran From: JotForm <noreply@jotform.com> Sent: Monday, August 9, 2021 9:08 AM To: CitySecretary; Norma Duran Subject: Public Input: 08-10-2021 - Andrew Millman [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityA]ert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. FqPublic Comment & Input Form Date of Meeting 08-10-2021 Name Andrew Millman Address Street Address: 1.3609 Moro Lane City: Corpus Christi State/ Province: TX Postal/Zip Code: 78418 Topic Rezoning Residence on Mizzen St Agenda Item Number 18 Describe Feedback: Corpus Christi has always been family friendly and a primary contributing factor has been the zoning laws. I am opposed to the rezoning of this residence as approval of the special permit for the "Bed and Breakfast" erodes the intent of the RS-6 zoning. There are many owners who are illegally operating short term rentals in the RS-6 zoned areas who will this as an opportunity to circumvent the existing regulations by posing as B&B. The existing zoning serves the entire community. Approval of this special permit serves only the investors who's focus is increasing their bottom line and who do not care about the community itself. Provide an email to receive a copy of your agmillman@gmail.com submission. 1 Norma Duran From: 1otForm <noreply@jotform.com> Sent: Monday, August 9, 2021 9:12 AM To: CitySecretary; Norma Duran Subject: [EXTERNAL]Public Input: 08-10-2021 - Patti Baker [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. 191 abiic Comment & Input Form Date of Meeting 08-10-2021 Name Patti Baker Address Street Address: 15341 Tortuga Court City: Corpus Christi State/ Province: TX Postal/Zip Code: 78418 Topic Rezone on Mizzen Agenda Item Number 21-0765 Describe Feedback: I'm writing to encourage everyone to vote "No" on item 18. It is a request to rezone a single family home to a bed a breakfast on Mizzen Avenue. Rules and zoning are in place to protect our way of life on the island. Please don't let greed takeover our quality of life. We purchased our home on the island specifically to avoid STR's. We were looking in Port A and saw the STR situation there, and this was years ago. We have lived in vacation communities that allowed STR's in single family residence areas and it ruined the full time residents quality of life. Police and emergency service use greatly increased at these STR homes. The funds gained for the city on the STR will be gone due to increased emergency service needs. 1 ' Please listen to the majority of residents, not�the loud:mmority. t { ri Ttankyou, ' 'Patti Baker Provide an email to receive a copy of your hbscubagirl@yahoo.com submission. Norma Duran From: JotForm <noreply@jotform.com> Sent: Monday, August 9, 2021 9:49 AM To: CitySecretary; Norma Duran Subject: Public Input: 08-10-2021 - Sheila Trudeau [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. Public Comment & Input Form Date of Meeting 08-10-2021 Name Sheila Trudeau Address Street Address: 13730 three fathoms bank dr City: corpus christi State/ Province: texas Postal/Zip Code: 78418 Topic Mizzen St bed and breakfast Agenda Item Number 21-0765 Describe Feedback: I and everyone I know is opposed to STR in our neighborhoods, including the proposed Bed & Breakfast on Mizzen. Our neighborhoods are residential areas, not commercial. We bought homes there with an expectation of a quiet neighborhood. Our Protective Covenants addresses this issue. Under General Land Use it states in part "No commercial, trade or business activity of any nature shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood." A bed & breakfast is a business. Loud partying vacationers are an annoyance/nuisance to the neighborhood. Noise really travels across the canals. Don't turn our residential streets & 1 backyards into a commercial area with excess vacationers so investors can make a profit. Consider how you would feel if STIR came to your street. Allow the new hotels going up everywhere to generate tax revenue for the city-not our neighborhoods Thank you Sheila Trudeau Provide an email to receive a copy of your strudeaul@me.com submission. 2 Norma Duran From: CitySecretary Sent: Monday, August 9, 2021 8:51 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: A Vote Against Short Term Rental in Padre Isles FYI. Thank you, Aly Berlanga From: sheila trudeau <strudeaul@me.com> Sent: Sunday, August 8, 20215:03 PM To: CitySecretary<CitySecretary@cctexas.com> Subject: Fwd: A Vote Against Short Term Rental in Padre Isles [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Begin forwarded message: From: sheila trudeau <strudeau1 me.com> Subject: A Vote Against Short Term Rental in Padre Isles Date: August 8, 2021 at 4:55:28 PM CDT To: -citysecretaryna.cctexas.com I am a 20 year resident on Padre Island and love my life here. I and everyone l know is vehemently opposed to STR in our neighborhoods. The only people who are interested in rezoning to allow them are the investors who don't live here. They live in the San Antonio area or Houston or in Iowa or Minnesota and use their houses here as 2nd homes or investment property. They see it as a business opportunity. Those of us who live here full time see it as home. I live on 3 Fathoms Bank. The house to my right is a second home. The next 4 houses after that one are also second homes. If STR is allowed here, those 5 homes could all become rental properties. Unfortunately there are many streets out here with many vacant second homes which could all be turned into STRs. When that happens the neighborhood changes. The people who would be renting those properties would be on vacation and would act accordingly. The impact and disruption to the lives of the people who actually reside on this street and the surrounding canals would be tremendous because of the noise that could be generated by partiers, the increased road traffic and need for additional parking, the increased water vehicle traffic on our canals and the disruptive behavior that would come with that, which could cause water safety issues. I would be willing to bet that these out-of-town investors would not want STRs if it was happening to them in their primary neighborhoods. i I think our Protective Covenants and landowners'Agreement addresses this issue. Under General Land Use it states in part No commercial, trade or business activity of any nature shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood." If an investor rents out their home for profit,that is a business. This is Prohibited. If vacationing renters are on the property,they may very likely party by drinking with rowdy behavior which is definitely an annoyance or nuisance to the neighborhood. This is prohibited. Every person who bought a house out here received a copy of these covenants. We all bought homes out here with an expectation of a quiet neighborhood to raise our children in or to retire in. We don't want our residential neighborhood to become a commercial district with an excess of vacationers so some investor who doesn't even live here can make a profit on his second house. These investors bought their houses knowing that the neighborhoods were zoned RS6. I'd also bet that every person on the City Council would vote against rezoning their own neighborhoods because they wouldn't want STRs next door to them either. Who would? I'd like those in power to stop thinking about the money they might collect for the city coffers and instead think about how the current residents/voters feel. We don't want STR. Please put yourselves in our place and understand that this is not a good idea for the island. There are plenty of hotels being built that will will be occupied if STRs don't happen. The city will still get their tax money. Leave our neighborhood a private neighborhood and not a commercial business. Thank you, Sheila Trudeau 2 Norma Duran From: JotForm <noreply@jotform.com> Sent: Sunday, August 8, 2021 7:29 PM To: CitySecretary; Norma Duran Subject: [EXTERNAL]Public Input: 08-10-2021 - Myla Ustymenko [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. -Public Comment & Input Form Date of Meeting 08-10-2021 Name Myla Ustymenko Address Street Address: 16121 Jessamine St City: Corpus Christi State/ Province: TX Postal/Zip Code: 78418 Topic Rezoning Agenda Item Number 18 Describe Feedback: To whom it may concern My family and I strongly object the rezoning in question. Thank you, Myla Ustymenko, CPA Provide an email to receive a copy of your lyussy@hotmail.com submission. Norma Duran From: CitySecretary Sent: Monday, August 9, 2021 8:52 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: No STRs unless Zoned FYI. Thank you, Aly Berlanga From:John Pasch <johnrpasch@gmail.com> Sent:Sunday, August 8, 20215:43 PM To: CitySecretary<CitySecretary@cctexas.com> Subject: No STRs unless Zoned [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. I j Dear Secretary STRs should not be permitted in single family Neighborhoods that aren't zoned for them. John Pasch 13734 Three Fathoms Bank Corpus Christi Tx 78418 (504) 236-6562 1 Norma Duran From: CitySecretary Sent: Monday, August 9, 2021 8:52 AM To: Rebecca Huerta Cc: Norma Duran; Sarah Brunkenhoefer Subject: FW: Padre Island Short Term Rentals FYI. Thank you, Aly Berlanga From:Jim Jory<joryj3@icloud.com> Sent: Sunday, August 8, 20215:45 PM To: CitySecretary<CitySecretary@cctexas.com> Subject: Padre Island Short Term Rentals [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] Dear Mayor& City Council of Corpus Christ, My wife and 1 are unable to make the City Council Meeting on Tuesday because we are out of town so I wanted to share our thoughts with you regarding Short Term Rentals. We are against Short Term Rentals(STRs)and against any rezoning to legally allow STRs in single family home neighborhoods. We are members of the PIPOA and live on Cruiser Street. We all know that STRs are absolutely destroying the beach town feel of Port Aransas. We enjoyed our home in Corpus Christi on the island so much that my wife and I decided to leave San Antonio and make Corpus Christi our permanent residence. We are requesting the City Council vote down STRs in our community and prevent ST renters from ruining our peaceful island community. Jim & Cindy Jory i Sarah Brunkenhoefer From: CitySecretary Sent: Monday, August 9, 2021 10:19 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Public Input: 08-10-2021 - Susan Kocian FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Monday, August 9, 202110:09 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 08-10-2021 - Susan Kocian [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. Warning: Replies to this message will go to rewrnS(�Daatfor m.cnM. If you are unsure this is correct please contact the Helpdesk at 826-3766. IJ Public Comment & Input Form Date of Meeting 08-10-2021 Name Susan Kocian Address Street Address: 13533 Peseta Court City: Corpus Christi State/ Province:TX Postal/Zip Code: 78418 Topic Zoning Case No. 0621-01,Joshua and Jasania Morales Agenda Item Number 21-0765 Describe Feedback: I am urgently requesting that the Council deny the request for re-zoning of 13845 Mizzen Street for purposes to use the property as a "Bed and Breakfast". The City of Corpus Christi Zoning Ordinance defines a B&B as: "A private owner- occupied residence that offers sleeping accomodations to lodgers. ....A Bed and Breakfast i (B&B) home is not a Single Family Dwelling."The subject property is not the primary residence of the owners; therefore, it is not an owner-occupied property. Additionally, a B&B is not defined as a SFR and should not exist in Zone 6.This Special Permit Request is an obvious attempt by the property owners to circumvent the regulation prohibiting short term rentals in Zone 6 on the Island. If this Special Permit is allowed, a precedent is set and the door is open for others to obtain special permits. Allowing short term rentals disguised as a "Bed and. Breakfast"will ruin our Island community. Provide an email to receive a copy of your slkocian(Psbcglobal.net submission. 2 Sarah Brunkenhoefer From: CitySecretary Sent: Monday, August 9, 2021 1:19 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Public Input: 08-10-2021 - Kay Buchanan FYI. Thank you, Aly Berianga From:JotForm <noreply@jotform.com> Sent: Monday, August 9, 2021 11:51 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 08-10-2021 - Kay Buchanan [ [ WARNING: External e-mail. Avoid clicking on finks or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to retu is unsur; Helpdesk at 826-3766. Public Comment & Input Form Date of Meeting 08-10-2021 Name Kay Buchanan Address Street Address: 13826 Mizzen Street City: Corpus Christi State/ Province: TX Postal/Zip Code: 78418 Topic Zoning Case No. 0621-01 Agenda Item Number Agenda Item F Describe Feedback: In regards to: Zoning Case No. 0621-01,Joshua and Jasania Morales: (District 4) Ordinance rezoning property at or near 13845 Mizzen Street from the "RS-6" Single- Family 6 District to "RS-6/SP" Single-Family 6 District with a Special Permit. (Planning Commission recommends Denial and Staff recommends Approval) (3/4 vote will be required due to I opposition by surrounding property owners and Planning Commission recommends Denial)" Gary Ericksen and l own a single family home at 13826 Mizzen Street, Corpus Christi,TX 78418. We are opposed to the zoning change. We believe the change would decrease the quality of life in our neighborhood. We believe there are plenty of other short-term rental options available on North Padre Island in the areas currently zoned for them. We urge the Council to vote NO and to not grant this Special Permit. Thank you for this opportunity to address the Council. Kay Buchanan Provide an email to receive a copy of your buchanankay@comcast.net submission. 2 Sarah Brunkenhoefer From: CitySecretary Sent: Monday, August 9, 2021 1:19 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Public Input: 08-10-2021 - Jim Flowers FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Monday, August 9, 202111:51 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NOrmaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 08-10-2021 -Jim Flowers [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@iotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. Public Comment & Input Form Date of Meeting 08-10-2021 Name Jim Flowers Address Street Address: 15638 CUTTYSARK ST City: CORPUS CHRISTI State/ Province:Texas Postal/Zip Code: 78418 Topic Special permit to allow Bed and Breakfast Agenda Item Number 18 Describe Feedback: I am 100% against allowing any type of short term rentals in our single family neighborhoods. We purchased our home with the knowledge that STRs are not allowed. We would not have purchased this home had that not been the case. Now the city has decided to allow this illegal activity and is considering making special exceptions. I The owners of the home of Mizzen has already shown they have no respect of the city or our laws. They have been using this home as a STR since they purchased. We have already seen a significant rise in crime and disturbances in areas that are illegally using their homes as STRs. Keep the zoning laws as they currently exist and start enforcing. Provide an email to receive a copy of your iflowers6�C� mail.com submission. 2 Sarah Brunkenhoefer From: CitySecretary Sent: Monday, August 9, 2021 1:20 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Public Input: 08-10-2021 - Kay Buchanan FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Monday, August 9, 2021 12:05 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNALjPublic Input: 08-10-2021 - Kay Buchanan [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. Public Comment & Input Form Date of Meeting 08-10-2021 Name Kay Buchanan Address Street Address: 13826 Mizzen Street City: Corpus Christi State/ Province: TX Postal /Zip Code: 78418 Topic Special Permit: Zoning Case No. 0621-01 Agenda Item Number 21-0765 Describe Feedback: Gary Ericksen and I own a single-family home located at 13826 Mizzen Street on the Island. We are opposed to the zoning change. We believe the change will decrease the quality of life in our neighborhood. We believe there are plenty adequate choices of other rental options in the areas currently zoned for short-term rentals. I We urge the Council to vote NO and to not grant this permit request. Thank you. Kay Buchanan and Gary Ericksen [Please note I submitted a completed form a while ago but did not have the Agenda Item Number properly identified. So please diregard my first form.] Provide an email to receive a copy of your buchanankav@comcast.net submission. 2 Sarah Brunkenhoefer From: CitySecretary Sent: Monday, August 9, 2021 1:38 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Public Input: 08-10-2021 - CHRIS HORNBERGER FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Monday, August 9, 2021 1:27 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 08-10-2021- CHRIS HORNBERGER [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to Securit Ay lert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotfom).com. If you are uns Helpdesk at 826-3766. Public Comment & Input Form Date of Meeting 08-10-2021 Name CHRIS HORNBERGER Address Street Address: 14514 E Cabana St Street Address Line 2: Apt 311 City: Corpus Christi State/ Province: TX Postal /Zip Code: 78418 Topic STR Zoning Request on Mizzen Street Agenda Item Number 21-0765 Describe Feedback: Dear City Council Members, I am opposed to the request to rezone the Mizzen Street property for STIR. STRs do not belong within established single family neighborhoods. 1 Regards, Chris Hornberger Provide an email to receive a copy of your bergeronePaol.com submission. z Sarah Brunkenhoefer From: CitySecretary Sent: Monday, August 9, 2021 1:49 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Public Input: 08-10-2021 - Greg & Darla Gierczak FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Monday, August 9, 2021 1:48 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 08-10-2021 - Greg & Darla Gierczak [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert2cctexas.com. J j Warning: Replies to this message will go to returns@Lotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. Public Comment & Input Form Date of Meeting 08-10-2021 Name Greg & Darla Gierczak Address Street Address: 13918 El Soccorro Loop City: Corpus Christi State/ Province:TX Postal/Zip Code: 78418 Topic Opposition to Rezoning a property at or near 13845 Mizzen Street Agenda Item Number Agenda #18 - Please read at the specific agenda item for the rezoning request presentation Describe Feedback: See attached Letter... Uploads: Special Permit on City Council agenda to allow B&B.pdf i Provide an email to receive a copy of your gregndarla@live.com submission. 2 August 9, 2021 Dear Councilmembers: I am writing regarding the City Council's agenda on Tuesday,August 10, 2021, at 11:30 AM at City Hall. The issue at hand is the Council's meeting agenda item#18 which deals with a property at 13845 Mizzen Street. The owners of this property are requesting a zoning change/exemption to allow this property to be a Bed and Breakfast.This property appears to have been used as a short-term rental (STIR), and it is located in the RS6 single-family zoned district. By City ordinance already, short-term rentals are not allowed in this RS6 Zone. A Bed & Breakfast is nothing but a short-term rental and should not be allowed. We're against any rezoning to allow Bed&Breakfast or STRs in single family home neighborhoods in this area.This item should not even be coming up as City ordinance already does not allow this in RS6 Zone. This area is in a close-nit single-family neighborhood and to operate a bed and breakfast business next to the homes where people live is inappropriate. The city should NOT approve a Special Permit for any business, such as this proposed Bed& Breakfast, in a residential-zoned neighborhood. Apparently, they've already been breaking the Ordinance that prohibits STRs in Zone 6 and they should not be awarded a special permit to keep doing this.They should actually be fined for breaking the current ordinance! Why in the world would Staff recommend approval of a Special Permit like this in a residential neighborhood is beyond me. While the Planning Commission recommends denial,the staff report recommends approval stating, "It is a legitimate alternative to undocumented or illegal overnight accommodations also known as "short- term rentals." This is a mockery of the actual zoning rules that are meant to prevent these types of short-term rentals in residential single-family neighborhoods, and it should not be approved in an attempt to skirt around the current zoning rules. So, if passed...this sends a clear message to all other owners that all they need to do is say they operate a Bed & Breakfast and then they can avoid the short-term rental ordinance! That is just wrong, but that is what would happen by passing this special permit! Thank you for taking the time to review our input on this matter... Sincerely, Greg and Darla Gierczak 13918 EI Soccorro Loop Corpus Christi, TX 78418 Sarah Brunkenhoefer From: CitySecretary Sent: Monday, August 9, 2021 2:39 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Public Input: 08-10-2021 - Dennis Hanson FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Monday, August 9, 20212:34 PM To: CitySecretary<City5ecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 08-10-2021 - Dennis Hanson [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to 5ecurityAlert@cctex2s.com. ] ] Warning: Replies to this message will go to re_turns@iotform.con7. If you are unsure this is correct please contact the Helpdesk at 826-3766. Public Comment & Input Form Date of Meeting 08-10-2021 Name Dennis Hanson Address Street Address: 13818 Eagiesnest Bay Dr City: Corpus Christi State/ Province:TX Postal/Zip Code: 78418 Topic 13845 Mizzen Street Bed and Breakfast Zoning Exception Agenda Item Number 18 Describe Feedback: I am opposed to allowing a zoning change to allow a Bed and Breakfast business at 13845 Mizzen Street. This location is R-6 zoning and is a not a business compatible with single family zoning located west of SPID 22. It is noteworthy that nearby City residents responding to a zoning survey were all against having such a activity operated in 1 their neighborhood. It is incredulous that zoning staff would make a recommendation against the wishes of those who live in the neighborhood and against the decision of the City's zoning committee which agreed with those living the neighborhood, I am unaware of City staff identifying how Bed and Breakfast requirements would be enforced. The question that must be asked of City staff is why they made a recommendation that a business will allowed to operate in a single family residential area when those mostly affected and the City's own zoning committee does not believe it should be able to do so. Provide an email to receive a copy of your iamdenish@yahoo.com submission. 2 Sarah Brunkenhoefer From: CitySecretary Sent: Monday, August 9, 2021 2:39 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Public Input: 08-10-2021 - Elise Lippincott FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Monday, August 9, 20212:25 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 08-10-2021 - Elise Lippincott [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns C@ Jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. Public Comment & Input Form Date of Meeting 08-10-2021 Name Elise Lippincott Address Street Address: 13557 Peseta Ct City: Corpus Christi State/ Province: TX Postal/Zip Code: 78418 Topic Bed & Breakfast at 13845 Mizzen Agenda Item Number 18 Describe Feedback: As Larry & I have owned a home on the island since 2006, 1 strongly oppose this request to have our community re-zoned and allow STR's/Bed & Breakfasts in this community. I am also a realtor. When a buyer buys into this community, it is written in the sales contract that they will receive our covenants and by-laws before 1 closing (see attached). AND It is clearing written in our by-laws that NO commercial enterprise shall take place on any of these lots that are zoned for single-family detached homes- (see attached). The Mizzen owners were given these by-laws when they bought Mizzen as I was. I would have never bought in this community if it had been zoned for short-term rentals or Bed & Breakfasts. I DO NOT want a revolving door next door to me. I have enough trouble trying to get long-term tenants to keep up their yards. PLEASE DON'T APPROVE THIS REQUEST&ANY FUTURE REQUESTS. Thank you for reading my comment. Elise Lippincott 919-720-1646. Uploads: IMG 0418.ipeg IMG 0425.ipeg IMG 0426.ipeR Provide an email to receive a copy of your eliselippincott@currently.com submission. z Sarah Brunkenhoefer From: CitySecretary Sent: Monday, August 9, 2021 3:22 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Public Input: 08-10-2021 - Jean Rene Ebelt FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Monday, August 9, 20213:04 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 08-10-2021 -Jean Rene Ebelt [ [ WARNING;: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to Security_Alert2cctexas.com. ] ] Warning: Replies to this message will go to returnsPiotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. r. Public Comment & Input Forret Date of Meeting 08-10-2021 Name Jean Rene Ebelt Address Street Address: 15361 Beaufort Ct City: Corpus Christi State/ Province: Texas Postal/Zip Code: 78418 Topic STR's and Bed and Breakfast Agenda Item Number 18 Describe Feedback: I moved here because there were no Short Term Rentals on Padre Island in single family residences. I can think of a multitude of reasons why there should not be a change in the zoning. Where are all the additional vehicles and boat trailers going to park? This is going to cause a dangerous situation on the streets. The city needs to hire employees to enforce the existing laws. 1 If you can't do this, we will vote in someone who can. Provide an email to receive a copy of your ebelt49@gmail.com submission. 2 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, August 10, 2021 8:23 AM To: Rebecca Huerta Cc: Sarah Brun€cenhoefer; Norma Duran Subject: FW: Public Input: 08-10-2021 - Marilyn Litt FYI. Thank you, Aly Berlanga From:lotForm <noreply@jotform.com> Sent: Monday, August 9, 20215:00 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 08-10-2021 - Marilyn Litt I C WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to retgrnsPotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. Public Comment & Input Form Date of Meeting 08-10-2021 Name Marilyn Litt Address Street Address: 15842 Portillo Dr City: Corpus Christi State/ Province:TX Postal/Zip Code: 78418-6467 Topic B&B Agenda Item Number 18 Describe Feedback: I live on the island and own my own home. I am opposed to allowing a B&B to be run on the island. Provide an email to receive a copy of your marilVn@marilynlitt.com submission. 1 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, August 10, 2021 5:24 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Public Input: 08-10-2021 - Royce Wells FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Monday, August 9, 20215:41 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 08-10-2021 - Royce Wells [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert2cctexas.com. ] ] Warning: Replies to this message will go to returns„2iotforrn.coni. If you are unsure this is correct please contact the Helpdesk at 826-3766. 1 Public Comment & Input form Date of Meeting 08-10-2021 Name Royce Wells Address Street Address: 15717 Cuttysark St City: Corp Christi State/ Province: TX Postal/Zip Code: 78418 Topic 18 Agenda Item Number Short term rental on the island Describe Feedback: Very opposed to this being allowed The city allowed homes to be built with neighbors pools within 10' of my bedroom , renters come down to party until all hours of the night.The previous owner of the house behind mine did rent and many times I would have to get out of bed at tam after being annoyed for hours by music and loud talking and laughing to ask or demand the 1 party move indoors. Sometimes it was successful others I had to threaten to call police. The renters would fill the driveway and the street with vehicles also. It is unfortunate vacationing renters can't seem understand this is a residential area with people and kids that need to sleep at night, not their personal party zone Provide an email to receive a copy of your rwelis8269@aol.com submission. Z Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, August 10, 2021 8:24 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Public Input: 08-10-2021 - Taunya Luna FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Monday, August 9, 20217:45 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 08-10-2021 -Taunya Luna [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returnsPiotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. Public Comment & Input Form Date of Meeting 08-10-2021 Name Taunya Luna Address Street Address: 13525 Peseta Court City: CORPUS CHRISTI State/ Province:Texas Postal/Zip Code: 78418 Topic Opposition to Re-Zoning Agenda Item Number 21 Describe Feedback: Please accept my comment as violently opposed to this re-zoning request and the repercussions that will following with permitting a loop-hole in the system to get around the Short Term Rental ban in North Padre Island Residential areas. We purchased in this area as full time residents to specifically live in community with residents and not transient renters. 1 I respectfully appreciate your consideration of the local full time residents on the island. Provide an email to receive a copy of your btrkluna verizon.net submission. z Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, August 10, 2021 8:24 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Public Input: 08-10-2021 - Debbie Wall FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent:Tuesday, August 10, 20213:20 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 08-10-2021 - Debbie Wall [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. Warning: Replies to this message will go to returns@iotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. Public Comment & Input Form Date of Meeting 08-10-2021 Name Debbie Wall Address Street Address: 15909 Punta Bonaire Dr Street Address Line 2: 15909 Punta Bonaire Dr City: Corpus Christi State/ Province:TX Postal/Zip Code: 78418 Topic 13845 Mizzen rezoning Agenda Item Number 0621-01 Describe Feedback: OBJECTTO REZONING This is a 2nd home to homeowner that lives in San Antonio -home is not homestead status. Also, they have been operating as a STR since purchase which is in violation of City zoning ordinance for R36 zoned community.This property has 3 bedrooms and the city states 10 guests can accommodate...yet I where do the owners sleep since they have to be present for each rental if approved as b&b..this SHOULD NOT BE APPROVED. Provide an email to receive a copy of your txpeachl@gmail.com submission. z Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, August 10, 2021 8:24 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Public Input: 08-10-2021 - frankjackson FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Monday, August 9, 202110:49 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 08-10-2021 -frankjackson [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@iotform.com. if you are unsure this is correct please contact the Helpdesk at 826-3766. ,7" Public Comment & Input Form Date of Meeting 08-10-2021 Name frank jackson Address Street Address: 13949 seafarer dr City: corpus christi State/ Province. tx Postal/Zip Code: 78418 Topic Agenda Item # 21 Zoning Case No. 0621-01 Agenda Item Number 21 Describe Feedback: This was denied by the Planning Commission unanimously and now comes to the council because "the staff" recommends approval. Who is "the staff" that thinks they know better than the Planning Commission or the nearby residents that have voted 100% in opposition? According to "the staff" report, the Petitioners, I who have owned the property for 9 months have already been sited four times for zoning violations: "Zoning Violations: Four total violations were issued to Joshua and Jasania Morales (two each) for renting for less than thirty days." No one believes the Petitioners will follow the rules of this new zoning. It is a back door for them to continue to use the property as a short-term rental. The property is currently advertised on booking.com and expedia.com (and maybe other sites) as a short-term rental in direct violation of current zoning. This will not be a "Bed and Breakfast", no "owners" will ever be staying there, just short-term rental clients. 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(2) s.o*****0) $151 Qatar $160 Details $152 Details $132 13*guests $112-$768 -NVth Padre lalaad Tx Popular stays in North Padre Island see ail result, U a o 1 r r 4 ENTIRE HOUSE RV RV 2014 Forest River Surveyor Sport EI Pescador Del Mnr 201 Family Friendly Coastal Modern 2021 P... 2021 Prime Time Avenger-Sleeps 8+ 5 Guests 0utdocrsy Bcoking com 7 Guests-Outdoorsy 8 Guests-RVShare 5.0 :".r***C25) 5.0 (11) so*****(g) 5.0*****7) $117 Detad; $132 Details $129 Geta $120 Detalla $140 Pc-nigh: Bo*adngcom View deal See all amenities Amenities ¢+ Enhanced cleaning { I Q f;•9 This property has implemented procedures to keep you healthy 6 safe. Pool Air C.Mdmnet Pett Allowed Kitchen f Internet/W.f. F—plue Kitchenette North Padre Island,TX More about this location ' y..alri�rR F 1/ t' prq Y vP.a tau... gal tsr.„ II "64 F E nuns � tig 0 t � � ��nasn dh i i Map data=21 Company Support $use > Home Contact About FAO List Your Rental Sitemap Careen 91ce Press a 2021 VacationRenter,a Wilbur Labs company. TermsPrivacy 401dincationlZenter $140 per night Booking eom View dal Check-in Check-out M mmldd/yyyy mmldd/yyyy Rooms Adults chddren 1 1 0 Check Availability Stays Flights Vacation packages Cars Cruises Things to do Deals Mobile Travel Blog < See ail hotels 1-844-663-2276 t. Orhitz.com>Hcicls>United State;of Fmenca>Texas>Corpus Chn;ti Hotels Mrs Potters on the Waters, Beach, Bay, Pool for 13 Overview Amenities&Policies Corpus Christi,TX 1-844-663-2269 v/Price Guarantee +Gel more as an Orbita Rewards member �rti6 a i 1/27 Poorn Mrs Potters on the Waters, Beach, Bay, Pool for 13 p out of S wtHotel highlights E�Water park Y outdoor pool Located within 2 miles(3 km)of Schlitterbahn Waterpark Corpus Christi,this vacation home is within 3 miles(S km)of Bob Hall Pier.The vacation home includes a private pool,a kitchen,and a fireplace. Rooms GO"a a The vacation home is air-conditioned and features a kitchen,3 bathrooms,and a balcony,and there's space to spread Corpus Christi,TX IP out with 4 bedrooms.Other standard amenities include a private pool,a washing machine,and a fireplace. Property features Guests staying at this vacation home enjoy features like a water park,an outdoor pool,and barbecue grills. Room options Check-in Check-out 8 MM/ddlyyyy 8 mm/dd/yyyy Rooms Adults Children 1 1 0 Check Availability • 1 room Rooms • Private pool • Private balcony • Fireplace • Kitchen with refrigerator,oven,and stovetop • Microwave • Coffee maker • Washing machine • Hairdryer • N • Air conditioning • Crib rentals • Homes are wheelchair accessible Having Fun Recreation features at this vacation home include a water park and an outdoor pool. Pools • Waterpark • 1 outdoor swimming pool Accessibility If you have requests for specific accessibility needs,please contact the property using the information on the reservation confirmation received after booking. Hotel Area — Airport The nearest major airport is Corpus Christi Intl.Airport(CRP):29-min drive,24 mi/38.7 km. Nearby Places of Interest • Schlitterbahn Waterpark Corpus Christi:3-min drive,1.2 mi/2 km • Mollie Beattie Coastal Habitat Community:5-min drive,2.7 mi/4.3 km • Whitecap Beach:5-min drive,2 mi/3.3 km • North Padre Island Beach:5-min drive,2.5 mV4 km • J P Luby.6-min drive,2.6 mi/4.2 km • Packery Channel:6-min drive,2.5 mi/4 km • New Port Pass:7-min drive,3.6 mi/5,8 km • JP Luby Surf Park:7-min drive,3.6 mi/5.8 km • Mustang Beach:9-min drive,4.6 min.3 km • Bob Hall Pier.10-min drive,2.9 mi/4.7 km • Funtrackers Family Fun Center:10-min drive,7.7 mi/12.4 km • Mustang island Beach:10-min drive,6.2 mi/10 km • Corpus Christi Medical Center-Bay Area:13-min drive,11.3 mi/18.1 km • Hans A.Suter Wildlife Area:14-min drive,11.4 mi/18.4 km • Sunrise Mall:14-min drive,12.5 mi/20.2 km Check-in Check-out M mmlddlyyyy mmlddlyyyy Rooms Adults Children 1 1 0 Check Availability Hotel Policies — Special Check-in Details You will receive an email from the host with check-in and check-out instructions.You will also receive an email from Vrbo with a link to a Vrbo account which will enable you to manage your booking. Kids+Beds • Cribstinfant beds are available Pet Policy • This property welcomes pets • Restriaions apply • For more information,guests can reach out to the property at the number on the booking confirmation Things To Know Additional information about polices,regulations,and more: • Long-term renters welcome. Charges for extra guests may apply and vary according to property policy. A cash deposit,credit card,or debit card for incidental charges and government-issued photo identification may be required upon check-in.. Special requests are subject to availability at the time of check-in.Special requests can't be guaranteed and may incur additional charges. Onsite parties or group events are strictly prohibited.Long-term renters welcome.For guests'safety,the property includes a carbon monoxide detector,a fire extinguisher,a smoke detector,a first aid kit,and a deadbolt lock in each accommodation.This property advises that enhanced cleaning and guest safety measures are currently in place. Disinfectant is used to clean the property;commonly-touched surfaces are cleaned with disinfectant between stays;bed sheets and towels are laundered at a temperature of at least 60°[1140"F.Contactless check-in is available. Information missing or incorrect?Tell us!LO Top Trending Hotels Microtel Inn&Suites by Wyndham Aransas Pass/Corpus Christi Above and Beyond in Port Aransas by RedAwning 1908 Port Aransas-3 Br Home Port Royal Ocean Resort&Conference Center Candlewood Suites Aransas Pass,an IHG Hotel Beachgate CondoSuites and Oceanfront Resort Econo Lodge Inn&Suites Corpus Christi Island Hotel Port Aransas The 101 at Endless Summer-Golf Cart Included and Heated Salt Water Pool Slow M'ocean-Private Heated Pool and 6 Passenger Golf Cart!!!! Tropic Island Resort Fairbridge Inn Express Corpus Christi Days Inn by Wyndham Port Aransas TX TownePlace Suites Corpus Christi Portland Omni Corpus Christi Hotel Lively Beath Holiday Inn Express&Suites Port Aransas/Beach Area,an IHG hotel Hampton Inn&Suites Port Aransas Hampton Inn&Suites Corpus Christi 1-37-Navigation Blvd Plantation Suites&Conference Center Wingate by Wyndham Corpus Christi The Black Pearl 2 Bedroom Condo Best Western Corpus Christi Motel 6 Portland,TX Americas Best Value Inn Sinton Country Inn&Suites by Radisson, Portland,TX The Place Hotel Best Western Ingleside Inn&Suites Executive Keys Condominiums on the Beach Motel 6 Corpus Christi,TX-East-North Padre Island *Price based on the lowest price found within past 24 hours and based upon one night stay for two adults over the next thirty days.Prices and availability subject to change.Additional terms may apply. Check-in Check-out C] mmlddlyyyy ij mmlddlyyyy Roams Adults 0:11 ;-i 1 n Check Availability Enter your phore[lumber Seftt M�L Access to chat support Free cancellation on select hotels Make changes to your booking 6y providing your number,you agree to receive a one-time automated text message with a link to get the app.Standard text message rates may apply. Explore More-_ Orbitz About Orbitz Investor Relations Jobs Media Room Advertising Became an Affiliate Add a Hotel Add an Activity Orbitz for Business Orbitz for Agents Terms of Use Support Privacy Policy Do Not Sell My Personal Information Orbitz Rewards Orbitz Rewards VIP Hotels Benefits Promotions Other Links USA Hotels USA Flights USA Vacation Packages USA Car Rentals Travel blag Customer Support Price Guarantee Travel Deals Mobile Vacations by interest Unique Accommodation Orbitz Reviews OrbitzCoupon Partner Services Add a property ®2021 Orbitz,LLC,An Expedia Group Company.All rights reserved.Orbitz.Orbitz.com,and the Orbitz togo are either registered trademarks or trademarks of Orbitz,LLC in the U.S.andler other countries.Other logos or product and company names mentioned herein may be the property of their respective owners.CST#2063530-50 expedia group. This is Google's cache of https:IAAvwexpedia.co,nzlCarpus-Chdstl-Hotets•Mrs•Potters•On-The-Waters.h61496946.HotekInformation.It is a snapshot of the page as it appeared on Jun 14, 202122:07:20 GMT.The current page could have changed in the meantime.Learn more. Full version Text-only version View source Tip:To quickly find your search term on this page,press CtrlrF or Xg F(Mac)and use the find bar. Switch to the app X OSave up to 36%on select hotels with mobile-exclusive deals. Co Expedia More travel" List your property Support Trips Sign in Expedia.co.nz / Hatels / United States of America / Texas / Corpus Christi Hotels / Mrs Potters on the Waters,Beach,Bay,Pool for 13 1mportantThis destination may have(DVI D-19 travel restrlctiors in place.incl..,;It ; specific restrictions for lodging.Check any natrenal,local and health advisories fol 0115 destination before you book Dismiss <— See all properties r. 26+ Overview Amenities Policies Location Reviews Mrs Potters on the Waters, Beach, Bay, Pool for 13 5.0/5 Exceptional 2 reviews s Popular amenities 0 ti"I A Pool Ktrhen Airconditioning Pyr lnrn..ily Washer Dryer Outdo Spau Barbecuegnll Fireplace Cleaning and safety practices Cleaned with disinfectant A Contactless check-in ♦; Sheets and towels washed at 60°C See all > Explore the area 0 La Palmera Mall 19 min drive 0 Texas A&M University-Corpus Christi 21 min drive O Port Aransas Beach 23 min drive Corpus Christi, View map > TX ?( Corpus Christi,TX(CRP-Corpus Christi 29 min drive Intl.) Space details 4 bedrooms,3 bathrooms,sleeps 13 Bedroom 1 Bedroom 2 15a as 1 king bed 2 single beds 1 single bed Bedroom 3 Bedroom 4 a � atIE4 1 queen bed 3 double beds Bathroom 1 Bathroom 2 Combined bath/shaver Shover Bathroom 3 Combined shower/bath About this property Entire place You'll have the entire home to yourself and will only share it with other guests in your party. Mrs Potters on the Waters,Beach,Bay,Pool for 13 Family-friendly holiday home with water park and outdoor pool Clean,good wifi,and ready far you!Enjoy your stay on N.Padre Island with a pool and a view!With 3.5 bedrooms and 3 baths,you can enjoy the privacy of a tory stay.We are just 5 minutes from Whitecap Beach and Bob Hall Pier.With a big living space,an open kitchen,a large patio and the pool,you can enjoy time together inside or out Fish off the back patio,grill and enjoy the views,take a short hop to the beach,or enjoy whole home wifi with Netflbx Disney,Hulu,and ESPN+included! Air-conditioned accommodation at this holiday home offers private pools and fireplaces.Rooms Wen to balconies.Kitchens offer fridges.hobs,microwaves and kitchenware and utensils. See more Cleaning and safety practices ♦` Enhanced cleanliness measures Disinfectant is used to clean the property High-touch surfaces are cleaned and disinfected Sheets and towels are washed at 60°C or hotter «�. Check-in Contactless social distancing This information is provided by our partners. Check-in Check-out Select date Select date � Travellers 1 room,2.travellers CheckAtir;il:I Lt,; Private pool Outdoor pool Internet WiN available P Parking and transport On-site parking options include a garage p Family friendly Cott nfant bed available Children's games Children's toys ID Kitchen Fridge Hob Microwave Oven Dishwasher Cookware/dishes/utensils Paper towels Coffee/tea maker Blender IM Bedrooms 4 bedrooms Bed sheets provided (i Bathrooms 3 bathrooms Combined shower/bath Towels provided Toilet paper Hairdryer 0 Living spaces Fireplace ✓ Entertainment N T Outdoor areas Balcony Barbecue 0 Laundry Washing machine and dryer Comfort Air conditioning Heating Pets Pet friendly d Suitability/Accessibility If you have any requests for specific accessibility needs,please contact the property using the information on the reservation confirmation received after booking. Wheelchair accessible Smoke-free property Services and conveniences Iron/ironing board Location highlights Near the sea on the waterfront Near outlet shopping Near the bay a Things to do Water Park Waterskiing nearby Wildlife and game walks nearby Parasailing nearby Water tubing nearby Power boating nearby Swimming nearby Cycling nearby Sailing nearby Surfing/boogie boarding nearby Q� Safety features Carbon monoxide detector Fire extinguisher First aid kit Smoke detector Deadbolt lock Or General Sleeps 13 Similar properties Q Currentlyviewing Watch the Ships go Experience Island vibes C Mrs potters on the Through the Channell... With Amazing Views of... C Waters,Beach,Bay,Pool... Port Aransas Corpus Christi R Carpus Chnsti X Pool ,/ Pool , J Pool X Parking included ,/ Parking included J Parking included Free WiFi ✓ Free Wil'i , ✓ FreeWiFi 4.4(5 Excellent(4 reviews) 5.015 Exceptional(Z reviews) Reserve View View See similar properties Corpus Christi > Pool > Private holiday home > Guest rating 4.5+ > Farnily-friendly > Washer and dryer > Policies Check-in Check-m time starts at 4:00 PM Minimum check-in age-25 Check-out Check-out before 11:00 AM Special check-in instructions You will receive an email from the host with check-in and check-out instructions;you will also receive an email from Vrbo with a link to a Vrbo account which will enable you to manage your booking Pets Pets are allowed Restrictions apply,for more information contact the property on the number on the booking confirmation Children and extra beds Children are welcome Cots(infant beds)are available Important information You need to know Extra-person charges may apply and vary depending on property policy Govemment-issued photo identification and a credit card,debit card or cash deposit may be required at check-in for incidental charges Special requests are subject to availability upon check-in and may incur additional charges;special requests cannot be guaranteed On-site parties or group events are strictly prohibited Long-term renters welcome Safety features at this property include a carbon monoxide detector,a fire extinguisher,a smoke detector,a first aid kit and a deadlock We should mention Guests can arrange to bring pets by contacting the property directly,using the contact information on the booking confirmation Frequently asked questions v Does Mrs Potters on the Waters,Beach,Bay,Pool for 13 have a pool? v Is Mrs Potters on the Waters,Beach,Bay,Pool for 13 pet-friendly? v What time is check-in at Mrs Potters on the Waters,Beach,Bay,Pool for 13? v What time is check-out at Mrs Potters on the Waters,Beach,Bay,Pool for 13? v Where is Mrs Potters on the Waters,Beach,Bay,Pool for 13 located? About this area Corpus Christi Located in Corpus Christi,this holiday home is on the waterfront.Schlitterbahn Waterpark Corpus Christi and Funtrackers Family Fun Center are local attractions and those in the mood for shopping can visit Sunrise Mall and La Patmera Mall.Waterskiing,water tubing and parasailing offer great chances to get out on the surrounding water,or you can seek out an adventure with cycling nearby. Visit our Corpus Christi travel quide r4 View more Holiday Homes in Corpus Christi L View map ® What's nearby :C Restaurants Schlitterbahn Waterpark Corpus Christi-3 Whataburger-3 min drive min drive JB's German Bakery&Cafe-3 min drive Whitecap Beach-5 min drive Surfside Sandwich Shoppe-3 min drive La Palmera Mall-19 min drive Costa Sur Wok&Ceviche Bar-3 min drive Texas A&M University-Corpus Christi-21 Rock and Rolls Sushi Lounge-3 min drive min drive Port Aransas Beach-23 min drive W Getting around ?( Corpus Christi,TX(CRP-Corpus Christi Intl.)-29 min drive .0 Exceptional Z rev i e.., 5-Excellent 2 4-Goad 0 3-Okay 0 2-Paar 0 1-Terrible 0 Write a review 5/5 Excellent Zachary L 28 May 2021 Great location and awesome pool! We had a wonderful time.Easily slept all 8 of us and beds are comfortable.The pool was a huge hit. 160 5/5 Excellent aaron J. 13 Mar.2021 Perfect beach getaway This house was amazing!!On the water,check.Seconds from the beach the beach,check.Pool in the backyard,check.Great fishing spot,check.Everything about our trip was great and the hosts were on point for everything.This will be our go to place to stay from here on out. 160 See all reviews Lxpedia's Latest Trends Hotels v Flights v Cars v Packages axpodia group- Company Explore About Us New Zealand travel guide Jobs Hotels in New Zealand List your property Holiday rentals in New Zealand Partnerships Holiday packages in New Zealand Newsroom Domestic flights Car hire Ln New Zealand All accommodation types Travel blog Terms and Policies Help Privacy Statement Support Terms of use Charge or cancel your booking Refund ritmoss and timelines Book a flight using an airline credit Coronavirus Disease(COV1D-19) International travel documents C 2021 Expedia,Inc,an Expedia Group company.All rights reserved.Expedia and the Aeroplane Logo are trademarks or registered trademarks of Expedia,Inc. Check-in Chedl-out Q mmlddlyyyy 0 mrtVddlyyyy Rooms Adults Children 1 1 0 Check Availability Stays Flights Vacation packages Cars Cruises Things to do Deals Mobile Travel Blog t See all hotels 1-844-663-2276 It, Orbimcom>Hotels>United States of America>Texas>Corpus Christi Hotels> Mrs Potters on the Waters, Beach, Bay, Pool for 13 overview Amenities&Policies Corpus Christi,TX 1-844-663-2269 V Price Guarantee ♦Get more as an orbita Rewards member a "n .a 1127 Room Mrs Potters on the Waters, Beach, Bay, Pool for 13 p out of 5 Hotel highlights Water park Outdoor pool Located within 2 miles(3 km)of Schlitterbahn Waterpark Corpus Christi,this vacation home is within 3 miles(5 km)of Bob Hall Pier.The vacation home includes a private pool,a kitchen,and a fireplace. Rooms The vacation home is air-conditioned and features a kitchen,3 bathrooms,and a balcony,and there's space to spread Corpus Christi,TX ID out with a bedrooms.Other standard amenities include a private pool,a washing machine,and a fireplace. _ _ ---- Property features Guests staying at this vacation home enjoy features like a water park,an outdoor pool,and barbecue grills. Room options Check-in Check-out 8 mm/dd/yyyy 8 mmlddtyyyy Rooms Adults Children 1 1 0 Check Availability • 1 room Rooms • Private pool • Private balcony • Fireplace • Kitchen with refrigerator,oven,and stovetop • Microwave • Coffee maker • Washing machine • Hair dryer • N • Air conditioning • Crib rentals • Homes are wheelchair accessible Having Fun Recreation features at this vacation home include a water park and an outdoor pool. Pools • Water park • 1 outdoor swimming pool Accessibility If you have requests for specific accessibility needs,please contact the property using the information on the reservation confirmation received after booking. Hotel Area Airport The nearest major airport is Corpus Christi Intl.Airport{CRP}:29-min drive,24 mi/38.7 km. Nearby Places of Interest • Schlitterbahn Waterpark Corpus Christi:3-min drive,1.2 mit km • Mollie Beattie Coastal Habitat Community.5-min drive,2.7 mi/4.3 km • Whitecap Beach:5-min drive,2 mi/3.3 km • North Padre Island Beach:5-min drive,2.5 mi/4 km • J P Luby.6-min drive,2.6 mi/4.2 km • Packery Channel:6-min drive,2.5 mi/4 km • New Port Pass:7-min drive,3.6 mi/5.8 km • JP Luby Surf Park:7-min drive,3.6 mi/5.8 km • Mustang Beach:9-min drive,4.6 mi/7.3 km • Bob Hall Pier:10-min drive,2.9 mi/4.7 km • Funtrackers Family Fun Center.10-min drive,7.7 mV12A km • Mustang Island Beach:10-min drive,6.2 mi/10 km • Corpus Christi Medical Center-Bay Area:13-min drive,11.3 mi/18.1 km • Hans A.Suter wildlife Area:14-min drive,11.4 mi/18.4 km • Sunrise Mall:14-min drive,12.5 mi/20.2 km Check-in Check-out r] mmlddlyyyy Q mmlddlyyyy Rooms Adults Chi Idren � 1 a Check Availability Hotel Policies _ Special Check-in Details You will receive an email from the host with check-in and check-out instructions.You will also receive an email from Vrbo with a link to a Vrbo account which will enable you to manage your booking. Kids+Beds • Cribs/infant beds are available Pet Policy • This property welcomes pets • Restrictions apply • For more information,guests can reach out to the property at the number on the booking confirmation Things To Know Additional information about polices,regulations,and more: • Long-term renters welcome. Charges for extra guests may apply and vary according to property policy. A cash deposit,credit card,or debit card for incidental charges and government-issued photo identification may be required upon check-in. Special requests are subject to availability at the time of check-in.Special requests can't be guaranteed and may incur additional charges. Onsite parties or group events are strictly prohibited.Long-term renters welcome.For guests'safety,the property includes a carbon monoxide detector,a fire extinguisher,a smoke detector,a first aid kit,and a deadbolt tack in each accommodation.This property advises that enhanced cleaning and guest safety measures are currently in place. Disinfectant is used to clean the property;commonly-touched surfaces are cleaned with disinfectant between stays;bed sheets and towels are laundered at a temperature of at least 60°C11401.Contactless check-in is available. Information missing c incorrect?Tell us!40 Top Trending Hotels Microtel Inn&Suites by Wyndham Aransas Pass/Corpus Christi Above and Beyond in Port Aransas by ReclAwning 1908 Port Aransas-3 Br Home Port Royal Ocean Resort&Conference Center Candlewood Suites Aransas Pass,an IHG Hotel Beachgate CondoSuites and Oceanfront Resort Econo lodge Inn&Suites Corpus Christi Island Hotel Port Aransas The 101 at Endless Summer-Golf Cart Included and Heated Salt Water Pool Slow Wocean-Private Heated Pool and 6 Passenger Golf Cart:T! Tropic Island Resort Fairbridge Inn Express Corpus Christi Days Inn by Wyndham Port Aransas TX TownePlace Suites Corpus Christi Portland Omni Corpus Christi Hotel lively Beach Holiday Inn Express&Suites Port Aransas/Beach Area,an IHG Hotel Hampton Inn&Suites Port Aransas Hampton Inn&Suites Corpus Christi 1-37-Navigation Blvd Plantation Suites&Conference Center Wingate by Wyndham Corpus Christi The Black Pearl 2 Bedroom Condo Best Western Corpus Christi Motel 6 Portland,TX Americas Best Value Inn Sinton Country Inn&Suites by Radisson, Portland,TX The Place Hotel Best Western Ingleside Inn&Suites Executive Keys Condominiums on the Beach Motel 6 Corpus Christi,TX-East-North Padre Island *Price based on the lowest price found within past 24 hours and based upon one night stay for two adults over the next thirty days.Prices and availability subject to change.Additional terms may apply. Check-in Check-out M mmlddlyyyy Q mmlddlyyyy Roams ,d as lts Child-n t 1 0 Check Availability Enter your phone number 1 U � ' Access to chat support Free cancellation on select hotels Make changes to your booking r By providing your number.you agree to receive a one-time automated text message with a link to get the app.Standard lett message rates may apply. Explore More Orbita About Orbitz Investor Relations Jobs Media Room Advertising Become an Affiliate Add a Hotel Add an Activity Orbitz for Euslness Orbilz for Agents Terms at Use Support Privacy Policy Do Not Sell My Personal Information Orbitz Rewards Orbitz Rewards VIP Hotels Benefits Promotions Other Links USA Hotels USA Flights USA Vacation Packages USA Car Rentals Travel blog Customer Support Price Guarantee Travel Deals Mobile Vacations by Interest Unique Accommodatfon Orbitz Reviews Orbitz Coupon Partner Services Add a property Q 2021 Orbitz,LLC,An Expedia Group Company.All rights reserved.Orbitz,Orbitz.com,and the Orbitz logo are either registered trademarks or trademarks of Orbitz,LLC in the U.S,andlor other countries.Other logos or product and company names mentioned herein may be the property of their respective owners.CST#2063530-50 expodia group- Aly Berlanga From: JotForm <noreply@jotform.com> Sent: Tuesday, August 10, 2021 10:50 AM To: CitySecretary: Norma Duran Subject: Public Input: 08-10.2021 - Kristin Allen [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. Date of Meeting 08-10-2021 Name Kristin Allen Address Street Address: 14234 Sand Dollar Ave City: Corpus Christi State/ Province: TX Postal / Zip Code: 78418 Topic Zoning case 0621-01 Agenda Item Number 21 Describe Feedback: I am writing to object to the rezoning of the property at 13845 Mizzen St. from. RS-6 to RS-6/SP. This area is not appropriate for short term rentals. Short term rentals should not be permitted among densely packed single family homes.The complaints of residents in Port Aransas make it clear what happens if short term rentals are allowed to proliferate in a residential neighborhood. It destroys the quality of life for the residents in the area. Please vote against this zoning change. Provide an email to receive a copy of your theallensmail@gmail.com submission. Aly Berlanga From: JotForm :noreply@jotform.com> Sent: Tuesday, August 10, 2021 11:28 AM To: CitySecretary; Norma Duran Subject: Public Input: 08-10-2021 - Dave Allen [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. l 1 Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766, Date of Meeting 08-10-2021 Name Dave Allen Address Street Address: 14234 Sand Dollar Ave City: Corpus Christi State/ Province:TX Postal /Zip Code: 78418 Topic Zoning case 0621-01 Agenda Item Number 21 Describe Feedback. I am writing to object to the rezoning of the property at 13845 Mizzen St. from RS-6 to RS-6/SP. This area is not appropriate for short term rentals. Calling it a Bed & Breakfast does not negate the fact that it's a short term rental. Short term renters have less respect for neighbors and destroy communities. Provide an email to receive a copy of your allenshopping@gmail.com submission. L Sarah Brunkenhoefer From: CitySecreta ry Sent: Tuesday, August 10, 2021 9:05 AM To: Rebecca Huerta Cc: Sarah 6runkenhoefer; Norma Duran Subject: FW: Public Input: 08-10-2021 -Joe Rucinski FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.corn> Sent: Tuesday, August 10, 20219:01 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 08-10-2021 -Joe Rucinski [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to I 'tI_r! f ,�C�1;il. If you are unsure this is correct please contact the Helpdesk at 826-3765. Public Comment & Input Form Date of Meeting 08-10-2021 Name Joe Rucinski Address Street Address: 15121 Dasmarinas Dr City: Corpus Christi State/ Province: TX Postal/Zip Code: 78418 Topic Parking on Unimproved surfaces Agenda Item Number 21-1010 Describe Feedback: What I'm looking for is an amendment to this proposed ordinance, which specifically states that a rock yard on top of underlayment will meet the definition of an improved hard surface. The majority of the island is rock yards. To ask homeowners to completely asphalt, cement, etc. their entire yards, is absurd. It creates a very ugly, hot exterior. Provide an email to receive a copy of your cirucinski@yahoo.com submission. 2 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, August 10, 2021 9:13 AM To: Rebecca Huerta Cc: Norma Duran; Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input: 08-10-2021 - frank jackson FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent:Tuesday, August 10, 20219:08 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 08-10-2021 -frank jackson [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecuritVA]ert@cctexas.com. ] ] Warning: Replies to this message will go to returnsE�otform.corn. If you are unsure thTis correct please contact the Helpdesk at 826-3766. Public Comment & Input Form Date of Meeting 08-10-2021 Name frank jackson Address Street Address: 13949 seafarer dr City: corpus christi State/ Province: tx Postal/Zip Code: 78418 Topic Ordinance adding Section 33-17 to Corpus Christi Code to prohibit parking on an unimproved surface on residential lots Agenda Item Number 27 Describe Feedback: As written, this new ordinance will require people with rock yard coverings to pave those over which will result in a great deal of additional run off into the storm sewer system. How does that make sense?The last thing we need is more impervious cover. I understand that there is a desire to have I everyone comply with Neighborhood Services ideas on what is ascetic and what is unsightly but do we need more ordinances? Why not just enforce the ones we already have on the books?The examples in the supporting documents for this resolution appear to already violate one or more existing ordinances. why make everyone's life just a bot more complicated? Provide an email to receive a copy of your fkil23@gmail.com submission. z cr- Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, August 10, 2021 10:22 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Public Input: 08-10-2021 - Natalie Camargo FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Tuesday, August 10, 20219-157 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 08-10-2021 - Natalie Camargo [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns Cwictform.corn. If you are unsure this is correct please contact the Helpdesk at 826-3766. Public Comment & Input Fora- Date of Meeting 08-10-2021 Name Natalie Camargo Address Street Address: 15625 Cuttysark St City: Corpus Christi State/ Province: TX Postal /Zip Code: 78418 Topic Proposed ordinance Section 33-17 Agenda Item Number Sec. 33-17.—Parking on unimproved surfaces Describe Feedback: Please consider allowing parking on rock-paved surfaces.The should be considered as improved surfaces for parking boats, trailers or RV's. Most Islanders have rock paved surfaces. Thank you. Natalie Camargo 1 Provide an email to receive a copy of your nipasley@gmail.com submission. z Aly Berlanga From: JotForm <ncreply@jotform.com> Sent: Tuesday, August 10, 2021 11:01 AM To: CitySecretary; Norma Duran Subject: Public Input: 08-10-2021 - Kristin Allen I C WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3756. ''..iblic Comment & Input Porr- Date of Meeting 08-10-2021 Name Kristin Allen Address Street Address: 14234 Sand Dollar Ave City: Corpus Christi State/ Province: TX Postal / Zip Code: 78418 Topic Parking on unimproved surfaces Agenda Item Number 27 Describe Feedback: I am writing to object to the application of this ordinance on Padre Island. The lack of sidewalks and the narrow streets make parking on residential lots the best option in many cases. At a very minimum, this ordinance should be amended to specifically permit parking on gravel driveways, spaces, and yards. I would much rather see ticketing of abandoned and derelict vehicles on the streets than banning of overflow parking on our own private properties. Please reject this ordinance on Padre Island. Provide an email to receive a copy of your theallensmail@gmail.com submission. 1 Aly Berlanga From: JotForm <noreply@jotfcrm.com> Sent: Tuesday, August 10, 2021 11:25 AM To: CitySecretary; Norma Duran Subject: Public Input: 08-10-2021 - Dave Allen [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, Tease forward to 5ecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 8263766. Date of Meeting 08-10-2021 Name Dave Allen Address Street Address: 14234 Sand Dollar Ave City: CORPUS CHRISTI State/ Province: TX Postal /Zip Code: 78418 Topic parking on unimproved surfaces Agenda Item Number 27 Describe Feedback: I am writing to object to the application of this ordinance. At a very minimum, this ordinance should be amended to specifically permit parking on gravel driveways, spaces, and yards. Where I grew up, the city council passed such a measure, which resulted in residents paving their front yards. This did not improve the neighborhoods in anyway. Provide an email to receive a copy of your allenshopping@gmail.corn submission. 1 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, August 10, 2021 9:02 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Public Input: 08-10-2021 - Diana Brackenridge FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent:Tuesday, August 10, 20219:00 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 08-10-2021 - Diana Brackenridge [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert[@cctexas.com. ] ] Warning: Replies to this message will go to returnsPiotforn3.com. If you are unsure this is correct please contact the Helpdesk at 826-3766.. Public Comment & Input Form Date of Meeting 08-10-2021 Name Diana Brackenridge Address Street Address: 14733 Dasmarinas Drive City: Corpus Christi State/ Province: TX Postal / Zip Code: 78418 Topic Vehicle Parking on Unpaved Surfaces Agenda Item Number Ordinance 33-17 Describe Feedback: I think this is an excellent idea and will greatly improve the appearance of our neighborhoods. Some residences have multiple vehicles parked in the yard. They should be on the driveway or behind the fence. Yards are not parking lots. This will also assist in curtailing short term rentals as they will not be able to park multiple vehicles on the property. Thank you. I �s r sProvide an email to receive a copy of your dbrackenridee@hotmail.com submission. 2 Sarah Brunkenhoefer From: City Secretary Sent: Tuesday, August 10, 2021 12:06 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Public Input: 08-10-2021 - Aaron Davis FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent:Tuesday, August 10, 202112:05 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 08-10-2021 -Aaron Davis C [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@iotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. 1E, Public Comment & Input Form Date of Meeting 08-10-2021 Name Aaron Davis Address Street Address: 14209 Cabo Blanco Dr City: Corpus Christi State/ Province: Texas Postal /Zip Code: 78418 Topic parking vehicles on unpaved surfaces in front of homes Agenda Item Number 27 Describe Feedback: As written,this ordnance will only force homeowners on the island to park their vehicles on the street. we do not have sidewalks to protest pedestrians. This is a concern for our unique community . There is quite a bit of pedestrian traffic to include: strollers, children at play, bicycles, and joggers. I could not imagine going on a walk I with any increase in parked vehicles. My street isn't particularly wide enough. I recommend rewording the language to include rocked yards as being improved. this is unique to the island. The sad consequence of enforcing this on island home owners will be continued destruction of yards and landscaping which reduce heating effects. I couldn't imagine more paved properties. This is unsightly and bad for heating effects. I can tell you that if this passes i will be forced to pave my entire front yard. This will lookjust as hideous when i park in front of my home- no improved yard or not. Provide an email to receive a copy of your flynavy79@hotmail.com submission. z Sarah Brunkenhoefer From: CitySecretary Sent: Wednesday, August 11, 2021 8:12 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: Public Input: 08-17-2021 - Evan Renaud FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Wednesday, August 11, 202112:27 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 08-17-2021- Evan Renaud [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert(@cctexas.com. ] ] Warning: Replies to this message will go to returns iotform.cam. if you ardwsure this is correct please contact the Helpdesk at 826-3766. ' Public Comment & Input Fora Date of Meeting 08-17-2021 Name Evan Renaud Address Street Address: 4002 Brawner Parkway City: Corpus Christi State/ Province: Texas Postal /Zip Code: 78411 Topic Front Yard Parking Ban Agenda Item Number 21-1010 Describe Feedback: There is no need for a front yard parking ban. If people wanted HOA style rules, they would move to a neighborhood with an HOA. While some HOA style rules in city limits make sense, particularly those regarding overgrown lawns that could harbor mosquitoes, this parking ban would affect people whose actions are not hurting anyone. Furthermore, a ban on front yard parking would 1 disproportionately affect lower income households that may have more family members under one roof, and therefore more licensed drivers parking at that household, possibly parking in the yard if necessary. Provide an email to receive a copy of your e.renaudplive.com submission. z so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting 08/10/21 1852 Second Reading Ordinance for the City Council Meeting 08/17/21 DATE: August 10, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Capital Improvements Advisory Committee CAPTION: Ordinance to establish a 15-member Capital Improvements Advisory Committee to advise on Infrastructure Master Plan and impact fees; and adding section 2-60 to the Corpus Christi Code. SUMMARY: Establish a Capital Improvements Advisory Committee and adopt procedural rules for the advisory committee to follow in carrying out its duties pursuant to Chapter 395 of the Texas Local Government Code. BACKGROUND AND FINDINGS: The City is in the process of evaluating master plans and potential impact fees. As part of the evaluation process, Chapter 395 of the Texas Local Government Code requires the City Council to establish and appoint a Capital Improvements Advisory Committee. The committee's statutory duties are to review and advise the City in adopting land use assumptions, a capital improvements plan, and impact fees. In accordance with the Texas Local Government Code, the committee must be composed of not less than five members and not less than 40 percent of the members must be representatives of the real estate, development, or building industry who are not employees or officials of a political subdivision or governmental entity. One member must be a representative from the City's extraterritorial jurisdiction (ETJ) if the impact fee is to be applied in the ETJ. The proposed membership for the Capital Improvements Advisory Committee is 15 members. The 15 members will be appointed by majority vote of the City Council, with each City Council member and the Mayor nominating a member and the City Manager nominating the remaining six members. Initially, each of the Council-nominated members shall be appointed for a term that is coterminous with the term of the elected City Council members and shall serve until the committee member's successor is appointed. Following the conclusion of each coterminous term, committee members shall then be appointed to regular two-year terms. The remaining six members shall each be appointed to serve a regular two-year term. Should a vacancy occur during a committee member's term, the appointment to fill the vacancy shall be for the remainder of the unexpired term. Per Council Policy 10.1 .4(C), prior to the creation of any board, commission, or committee ("board"), the City Manager and City Secretary shall conduct a needs assessment that includes mission, goals, and objectives to be achieved by the board with deliverables, such as a formal presentation/report, and the fiscal impact. A timeframe to achieve required outcomes must be specified. The needs assessment must state that a long-term need exists of at least three years before formally amending the Corpus Christi Code for inclusion. Development Services previously submitted the requisite needs assessment survey to the City Secretary and City Manager for review and approval. ALTERNATIVES: Not adopt the ordinance to establish the committee. FISCAL IMPACT: There is no fiscal impact associated with this item. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends adoption of the ordinance to establish the Capital Improvements Advisory Committee LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance to establish a 15-member Capital Improvements Advisory Committee to advise on Infrastructure Master Plan and impact fees; and adding section 2-60 to the Corpus Christi Code. WHEREAS, on or before the date on which the ordinance or resolution is adopted under Texas Local Government Code Section 395.042, the City is required to appoint a capital improvements advisory committee; and WHEREAS, this ordinance establishes a capital improvements advisory committee and adopts procedural rules for the advisory committee to follow in carrying out its duties pursuant to Chapter 395 of the Texas Local Government Code; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council finds the foregoing preamble language stated in this ordinance to be true and correct and adopts such findings for all intents and purposes related to the enactment of this ordinance. SECTION 2. The Corpus Christi Code, Chapter 2, Article IV, MISCELLANEOUS BOARDS, COMMISSIONS AND COMMITTEES, Division 1 , Reserved, is replaced to read as follows: Division 1 — Capital Improvements Advisory Committee Sec. 2-60. - Capital Improvements Advisory Committee. (a) Establishment. The Capital Improvements Advisory Committee is established pursuant to Chapter 395 of the Texas Local Government Code, as amended. (b) Membership. The Capital Improvements Advisory Committee shall consist of 15 members appointed by majority vote of the City Council, with each City Council Member and the Mayor nominating a member and the City Manager nominating the remaining six members. Of the 15 appointed members, at least six must be representatives of the real estate, development, or building industry who are not employees or officials of a political subdivision or governmental entity, and one member must be a representative from the City's extraterritorial jurisdiction if an impact fee is to be applied in that area. (c) Terms. The initial nine Council-nominated committee members shall each be appointed to a term that is coterminous with the term of the elected City Council members and shall serve until the committee member's successor is appointed. Each successor to a Council-nominated committee member shall then be appointed to a regular two-year term. The remaining six members shall each be appointed to a two-year term and shall serve until their successor is appointed. Whenever a vacancy occurs during a term, an appointment to fill the vacancy shall be to fill the unexpired term. (d) Duties and Responsibilities. The Capital Improvements Advisory Committee shall: 1 . Serve in an advisory capacity; Page 1 of 3 2. Advise and assist the City Council in adopting land use assumptions; 3. Review the capital improvements plan, land use assumptions and impact fees, and file written comments in accordance with Chapter 395 of the Texas Local Government Code and the following: a. Written comments on the proposed impact fees shall be filed with the City Secretary before the fifth business day before the date of the public hearing on the imposition of impact fees pursuant to Texas Local Government Code §395.050, as amended; b. Written comments on amendments to the land use assumptions, capital improvements plan, and impact fee shall be filed with the City Secretary before the fifth business day before the date of the public hearing on the amendments pursuant to Texas Local Government Code §395.056, as amended; and c. Written comments on the need for updating the land use assumptions, capital improvements plans, and impact fee shall be filed with the City Secretary before the fifth business day before the earliest notice of the City Council's decision that no update is necessary is mailed or published pursuant to Texas Local Government Code 395.0575; 4. Monitor and evaluate the implementation of the capital improvements plan; 5. File semiannual reports with respect to the progress of the capital improvements plan and report to City Council any perceived inequities in implementing the plan or imposing the impact fee; 6. Advise the City Council of the need to update or revise the land use assumptions, capital improvements plan, and impact fee; and 7. Other duties as assigned by City Council that relate to impact fees. (e) Professional Reports. The City shall make available to the advisory committee any professional reports with respect to developing and implementing the capital improvements plan. (f) Procedural Rules. The most current edition of Robert's Rules of Order shall govern Capital Improvements Advisory Committee proceedings, unless in conflict with this chapter or State law; provided, however, that the Capital Improvements Advisory Committee's failure to comply with Robert's Rules of Order shall not invalidate any Capital Improvements Advisory Committee action. (g) Quorum. 1 . A quorum shall consist of eight members. 2. No final action shall be taken on any matter except pursuant to a simple majority vote of the members present. Secs. 2-61-2-69. - Reserved. SECTION 3. If any section, paragraph, clause, or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this ordinance. Page 2 of 3 SECTION 4. This ordinance is effective immediately upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 3 CAPITAL IMPROVEMENT ADVISORY COMMITTEE Fifteen(15)vacancies with nine(9)terms concurrent with City Council terms and six(6)terms to 8-16-2023.Each Council Member and Mayor will nominate a member and the City Manager will nominate the remaining six(6)members subject to confirmation by the full Council.[The City Manager is recommending the following:Alex Harris(ETJ),Velda Tamez(Real Estate),Ann Mahaffey(Development),Kim Schmid(Development),Gabe Guerra(Real Estate)].(Staff is recommending the postponement of Council Member Hernandez's and Council Member Lerma's appointments and one City Manager appointment for further recruitment). Duties The committee shall serve in an advisory capacity;advise and assist the City Council in adopting land use assumptions;review the capital improvements plan,land use assumptions and impact fees,and file written comments in accordance with Chapter 395 of the Texas Local Government Code;monitor and evaluate the implementation of the capital improvements plan;file semiannual reports with respect to the progress of the capital improvements plan and report to City Council any perceived inequities in implementing the plan or imposing the impact fee;and advise the City Council of the need to update or revise the land use assumptions, capital improvements plan,and impact fee.Other duties as assigned by City Council that relate to impact fees. Composition The Capital Improvements Advisory Committee shall consist of 15 members appointed by City Council of which at least six shall be representatives of the real estate, development,or building industry(RE/DEV/BI)who are not employees or officials of a political subdivision or governmental entity and one member shall be a representative of the City's extraterritorial jurisdiction(ETJ)if impact fees are proposed for that area.Each City Council Member and the Mayor will nominate a member and the City Manager will nominate the remaining six members.Quorum shall consist of eight members. Member size Term length Term Length Term Length Term Limit 15 9-concurrent with Council terms 6-2 years 6-2 years 6 years AppointingName District Term Start date End date Mayor Paulette Guajardo's Rosie G.Collin District 5 1 8/17/2021 11/1/2022 City Council Rep. Vacant Building Industry Council Member Roland Jesus J.Jimenez District 5 1 8/17/2021 11/1/2022 City Council Barrera's Rep. Vacant (Dev/BI) Council Member Michael T. Rudy Garza District 1 1 8/17/2021 11/1/2022 City Council Hunter Rep. Vacant Real Estate Council Member John Moses Mostaghasi District 5 1 8/17/2021 11/1/2022 City Council Martinez's Rep. Vacant (RE/DEV/BI) Council Member Ben Molina's *Ramiro Munoz III District 5 1 8/17/2021 11/1/2022 City Council Rep. Vacant (RE/DEV/BI) Council Member Mike Pusley's Trey Summers I District 4 11 8/17/2021 11/1/2022 ICity Council lRep. JVacant (RE/DEV/BI) 8-17-2021 Name District Term Start date End date Appointing Authority Position Status Category Council Member Greg Smith's Everett Roy District 1 1 8/17/2021 11/1/2022 City Council Rep. Vacant (RE/DEV/BI) Other/Non- City Manager with *Alex H.Harris Resident 1 8/17/2021 8/16/2023 Council Confirmation City Manager Vacant ETJ City Manager with Gabe Guerra District 5 1 8/17/2021 8/16/2023 Council Confirmation City Manager Vacant Real Estate City Manager with Anne S.Mahaffey District 3 1 8/17/2021 8/16/2023 Council Confirmation City Manager Vacant Development City Manager with Kim H.Schmid District 4 1 8/17/2021 8/16/2023 Council Confirmation City Manager Vacant Development City Manager with Velda G.Tamez District 4 1 8/17/2021 8/16/2023 Council Confirmation City Manager Vacant (RE/DEV) Council Member Gil Vacant 1 8/17/2021 8/16/2023 City Council Hernandez's Rep. Vacant Council Member Billy Lerma's Vacant 1 8/17/2021 8/16/2023 City Council Rep. Vacant City Manager with Vacant I 11 8/17/2021 8/16/2023 ICouncil Confirmation lCity Manager IVacant 8-17-2021 CAPITAL IMPROVEMENT ADVISORY COMMITTEE Applicants Name District Status Category Representative Jennifer M. Aleman District 3 Applied Real Estate Applied Rosie G. Collin District 5 Applied Building Industry Mayor Guajardo's appointee Council Member Michael T. Rudy Garza District 1 Applied Real Estate Hunter's appointee Gabe Guerra District 5 Applied Real Estate City Manager's appointee Extraterritorial Other/ Non- Jurisdiction (ETJ) *Alex H. Harris Resident Applied (RE/DEV/BI) City Manager's appointee Development Council Member Roland Jesus J.Jimenez District 5 Applied Building Industry Barrera's appointee Anne S. Mahaffey District 3 Applied Development City Manager's appointee Council Member John Moses Mostaghasi District 5 Applied (RE/DEV/BI) Martinez's appointee Council Member Ben **Ramiro Munoz III District 5 Applied (RE/DEV/BI) Molina's appointee Jacqueline O'Neill District 2 Applied Real Estate Applied Council Member Greg Everett Roy District 1 Applied (RE/DEV/BI) Smith's appointee Kim H. Schmid District 4 Applied Development City Manager's appointee Council Member Mike Trey Summers District 4 Applied (RE/DEV/BI) Pusley's appointee Real Estate Velda G. Tamez I District 4 jApplied IDevelopment Icity Manager's appointee *Alex Harris is a member of the Corpus Christi Convention &Visitors Bureau. He will resign if appointed. **Ramiro Munoz is a member of the Construction Trade Advisory&Appeals Board. He will resign if CITY OF CORPUS CHRISTI Submit Date:Jul 30, 2021 Application for a City Board, Commission, Committee or Corporation Profile Jennifer M Aleman First Name Middle Initial Email Address 4410 Donegal Street Address Corpus Christi TX 78413 Clty State Postal Code What district do you live in? W District 3 Current resident of the city? r Yes r No If yes, how many years? 40 Home:(361)549-3127 Home: (361) 549-3127 Pnmary Phone Alternate Phone Mirabal Montalvo Real Estate Agent Employer Job Title Work Address- Street Address and Suite Number 5702 S Staples Suite E1 Work Address-City Corpus Christi Work Address- State Texas Work Address-Zip Code 78413 lnnnifnr KA Almmnn Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CAPITAL IMPROVEMENT ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Current Real Estate agent and property manager. Head volunteer and coordinator for the Muscular Dystrophy Association Why are you interested in serving on a City board, commission or committee? I would like to get involved and help support my community Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes a No If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. n/a Board-specific questions(if applicable) Question applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? • Business of Selling of Dwellings • Business of Renting of Dwellings lonnifnr KA Alnm!mn Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? W Real Estate Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes r No Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree lannifar KA Mamnn Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. ------------ q I Agree lcnnifcr KA Alcmon CITY OF CORPUS CHRISTI Submit Date:Aug 03, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mrs. Rosie G Collin Prefix First Name Middle Initial Last Name Email Address 7921 Etienne Drive Street Address TX 78414 C+ State Postal Code What district do you live in? R District 5 Current resident of the city? r Yes r No If yes, how many years? 64 Home:(361)834-7600 Home:(361)695-5123 Primary Phone Alternate Phone Port of Corpus Chris Chief of Staff Employer Job Title Work Address-Street Address and Suite Number 222 Power Street Work Address-City Corpus Christi Work Address-State Texas Work Address-Zip Code 78401 hAre Dnein r r`nllin Work Phone 3618856115 Work E-mail address rosie@pocca.com Which Boards would you like to apply for? CAPITAL IMPROVEMENT ADVISORY COMMITTEE:Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) Workforce Solutions of the Coastal Bend, Board Member Del Mar College Foundation, Executive Board Education: BS,Texas State University MS,Texas A&M University-Corpus Christi Why are you interested in serving on a City board, commission or committee? I'm interested in serving on the Capitol Improvement Advisory Committee as I am interested in helping to move forward the vision of the City Council as it relates to capitol improvements and impact fees. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Gender R Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No AArc Dncic r P`ni in Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes c' No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) KArc Pncic r P`nilin Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? ' 17 Building Industry Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes r• No Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees,appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 1 Agree City Code Requirement-Attendance As a board,commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board,commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. R I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi,and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. R 1 Agree hArc Dncin (_ (-nllin Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. R I Agree Are [mein r P`ni in CITY OF CORPUS CHRISTI Submit Date:Jul 21, 2021 Application for a City Board, Commission, Committee or Corporation Profile Rudy Garza He. First Name Suffix Email Address 901 N. Upper Broadway Unit 204 Street Address Suite or Apt Corpus Christi TX 78401 City State Postal Code What district do you live in? R District 1 Current resident of the city? r• Yes r No If yes, how many years? 62 years Mobile: (361) 774-6472 Mobile: (361) 688-5144 Primary Phone Alternate Phone Self employed Owner Employer Job Title Work Address- Street Address and Suite Number 866 N. Omaha#25 Work Address-City Corpus Christi Work Address- State Texas Work Address-Zip Code 78408 Doul., UJ Work Phone 3618846472 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CAPITAL IMPROVEMENT ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BBA in Finance from TAMUCC If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Just the one Why are you interested in serving on a City board, commission or committee? I enjoy community service Are you an ex-Officio member of a City Board, commission or committee? rYes rNo Demographics Gender p Male Di irhl rr!3r-7!3 uo Code of Ethics- Rules of Conduct/Conflicts of Interest Cao you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r' No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r4 Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Di irly r_nr-7n Nn Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? 17 Real Estate Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes r No Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 1 Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 1 Agree Chi irly 1_nr-7n 4ac Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. 17 [Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 1 Agree Di whi l=nr-7n Wda CITY OF CORPUS CHRISTI Submit Date:Jul 29, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mr. Gabe _ Guerra Prefix I Last Name Email Address 6009 South Oso Parkway Street Address Corpus Christi TX 77904 City State Postal Code What district do you live in? ' W District 5 Current resident of the city? r Yes r No If yes, how many years? 14 years Mobile:(361)537-6449 Business: (361)850-6819 Primary Phone Klebera Bank N.A. President&CEO Employer Job Title Work Address-Street Address and Suite Number 5350 South Staples St. Ste. 100 Work Address-City Corpus Christi Work Address-State TX Work Address-Zip Code 78411 KAr (_nhn (_r rnrrm Work Phone 361-850-6819 Work E-mail address Gabe.Guerra@KlebergBank.com Preferred Mailing Address 67 Work Address Which Boards would you like to apply for? CAPITAL IMPROVEMENT ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r: Yes r- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Gabe Guerra received a BBA in Finance from the University of Texas at Austin. He is a graduate of The Southwest Graduate School of Banking at Southern Methodist University (SMU) Dallas. A Corpus Christi native, Gabe currently serves as President&CEO for Kleberg Bank, where he began work in 2007. Previously,Gabe was at Wells Fargo Bank for eight years. While at Wells Fargo, Gabe served as Regional Vice President(RVP)of Indirect Lending for the 12 State Midwestern Region of the U.S., overseeing all aspects of sales, operations and underwriting. Mr. Guerra spent the first five years of his career with Ford Motor Credit Company in Austin and Dallas,Texas. He was one of 12 individuals chosen by Executive Management to complete Ford's prestigious Accelerated Management Training (ATP) Program, having managed various areas of operations, lending, underwriting, audit, marketing, and dealer services. Mr. Guerra has been involved in various civic activities supporting jobs, education and quality of life issues in the Corpus Christi community, and throughout the state and region. Gabe served as Past Chairman of the Corpus Christi Regional Economic Development Corporation; Past Chairman of the Corpus Christi Chamber of Commerce; Past Board Member and Vice Chairman of the Corpus Christi Business and Job Development(Type A/B) Boards; Past Executive Board Member of the United Corpus Christi Chamber of Commerce;Chairman of the Del Mar Foundation Board of Trustees; Appointee to the Community Depository Institutions Council- Federal Reserve Bank Dallas, Appointee to the Regional Bank Council Federal Reserve Bank of Dallas(San Antonio Branch), Chairman of the United Way of the Coastal Bend, Board Director of the Christus Spohn Health System, Federal Delegate Board Director of the Independent Community Bankers Association of America(ICBA), Board Director of the Independent Bankers Association of Texas ([BAT), Board Director of the Lexington on the Bay Museum; Past Board Member of the American Heart Association Gabe is a graduate of Leadership Corpus Christi Class 37. He is an Eagle Scout and Chairman of the Board of the South Texas Council of the Boy Scouts of America. KAr rnhn (_iicrrn Why are you interested in serving on a City board, commission or committee? The Port of Corpus Christi is the primary economic engine fueling the growth of our region.As Past Chairman of the Corpus Christi Regional Economic Development Corporation, it was under my tenure that we were able to attract the Gulf Coast Growth Ventures Project (Exxon Mobil/SABIC). I have had first-hand experience working alongside Exxon Executive Rob Tully and SABIC Executive Jim Ellis, developing community support for the new multi-billion dollar GCGV Project that attracted 600 high paying jobs and thousands of indirect jobs for our region. With new pipeline expansion, abundant natural gas resources,an ample supply of water, available land for expansion/development,and the new expanded dredging of our deep water Port,our region remains poised for growth and prosperity. I support a fair,transparent, and equitable management of our greatest regional economic asset. Given the opportunity to serve as a Port Commissioner, I pledge to be a great steward of this asset. I care about our community and I have the best interest of our citizens in mind as we work to promote and enhance our Port of Corpus Christi. I am interested in the newly established Capital Improvement Advisory Committee. I believe my financial knowledge and my involvement throughout the community will allow me to serve the best interest of the Citizens of Corpus Christi as we work to address the master planning process and the benefits of impact fees,while providing valuable input and feedback.Thank you for your consideration of my appointment to the Port of Corpus Christi and The Capital Improvement Advisory Committee. Gabe Guerra Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender p Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r• No KAr (_nhn (_i uarrn Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector`of Nueces County? r Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r Yes r No IkAr (_nhn (_i inrrn Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? PF Real Estate Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes r• No Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees,appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. PF I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. PF I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. PF I Agree AAr f'—nho fliiorr� Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Ur r,nhc r,i icrrn CITY OF CORPUS CHRISTI Submit Date:Jul 21, 2021 Application for a City Board, Commission, Committee or Corporation Profile Alex H Harris First Name Middle Initial Last Name Email Address 2138 State Highway 286 _ Streel Address Corpus Christi TX 78415 city State Postal Code What district do you live in? ' R Other/Non-Resident Current resident of the city? r Yes r• No If yes, how many years? 68 Mobile: (361)533-7286 Business: (361)906-0001 Primary Phone Alternate Phone Brite Star Construction Owner Employer Job Title Work Address- Street Address and Suite.Number 5926 So Staples, Ste A Work Address-City Corpus Christi Work Address- State Texas Work Address-Zip Code 78413 AIcv N Worric Work Phone 3619060001 Work E-mail address alex@britestarconst.com Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? CAPITAL IMPROVEMENT ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes,Currently serve on the Island Strategic Action Committee Education, Professional and/or Community Activity (Present) Graduated from W B Ray High School, Attended Del Mar, Graduated from Texas A& M Kingsville- BBA/EDP,Graduated from Texas A& M-CC- MBA Management, Various Insurance, Real Estate and Title Schools. Past Bd member of[SAC Committee Commodore of C C Y C Board of Majesty Outdoors If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) ISAC Why are you interested in serving on a City board, commission or committee? I am very involved in development on Padre Island and Port Aransas. I would like to help the Island moving forward in a positive direction. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No eiov u unrric No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board,commission,committee or corporation? r Yes r No Demographics Gender R Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you,your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. I do not have any pending matters Board-specific questions (if applicable) Alcv N I-Iorric of CZ Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Question applies to ISLAND STRATEGIC ACTION COMMITTEE ISAC preferred representatives from certain categories. Do you qualify for any of the following categories? R Commercial property owner(Who owns property and operates a business on Mustang or Padre Island) Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? W Real Estate • Development • Building Industry Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? Yes No Verification A h- u U—;- City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree A low U UJ rri� ALEX H. HARRIS 2138 Highway 286 Corpus Christi, TX 78415 (361)533-7286 alex@britestarconst.com CURRICULUM VITAE CURRENT BUSINESS AF FILATIONS President/Partner Brite Star Construction, LP VBB Construction, LLC Beachside Construction. LLC Aruba Bay Resort, LLC Partner Mustang Island Construction, LLC Marketing Dev. Officer Stewart Title Services Vice President Polly Harris Insurance Agency PAST BUSINESS AFFILIATIONS Past Co-Owner— Bay Area Title Services (2012-2018) President/Owner- San Jacinto Title Services of Corpus Christi, LLC (1985-2002) President/Owner- Corpus Christi Land Title Services (1990-2002) President/Owner—Corpus Christi Abstract Services (1990-2002) President— Harrell Petroleum Company (1975-1985) Vice President— Osage Oil Company (1975-1985) EDUCATION W.B. Ray High School, Corpus Christi, TX (1971) Del Mar College, Corpus Christi, TX (197 1) Texas A & I University, Kingsville, TX (1975) • BBA- Electronic Data Processing Corpus Christi, State University (1989)—TX A & M — C C Lnd MBA- Management Texas d Title School (1986) Various Real Estate and Insurance Schools BIOGRAPHICAL INFORMIATION Age 68 Wife Polly Children Matt (45), Jordan (39), Kassie (39), Russell (38), Anthony (24) Hobbies Sailing, Hunting, Fishing, Camping, Backpacking, and Computers Fraternity Zeta Pi Chapter of Sigma Chi Lifelong resident of Corpus Christi Curriculum Vitae, cont. Alex H. Harris Page 2 CURRENT COMMUNITY AFFILIATIONS City of CC— CVB Short Term Advisory Committee Majesty Outdoors Board - 2016-Current Corpus Christi Yacht Club— Past Commodore PAST BUSINESS AND COMMUNITY AFFILIATIONS City of CC— Island Strategic Action Committee City of CC - ISAC Board Member— 2014-2018 United Corpus Christi Chamber of Commerce— Past Bd Member— 2018 Corpus Christi Builder Association — Past Builder Member Corpus Christi Caller-Times Jefferson Volunteer Award - 1996 * Bronze Medallion Winner Greater Corpus Christi Business All iance-CVB/EDC/Chamber * Chairman - 1997 American Heart Assoc— Father of the Year Award - 2014 Padre Island — Packery Channel Development - 2006 Corpus Christi Yes Committee - 2004 Corpus Christi Builders Association-Associate * Treasurer— 1987 & 2000 * Govt. Affairs Committee - 2008 Texas Land Title Association * Board of Directors— 1999 * Board of Directors — 2014-2017 • Finance Committee — 2016-2017 * Agents Executive Council * Legislative Liaison Committee * Education Committee City of Corpus Christi * Chairman - Mayor's Task Force on the Columbus Fleet-1995 Las Carabela - Columbus Fleet Association * Past Chairman & Development Chairman - 1996 Texas A & M University at Corpus Christi * President- Presidents Club Texas Association of Abstracters and Title Agents * Directors Council Texas A & M Univ. at Corpus Christi * Past Board Member Del Mar College, Corpus Christi, TX * Adjunct Professor- Computer Science Department National Association for Community Leadership Distinguished Leadership Award 1992 Curriculum Vitae, cont. Alex H. Harris Page 3 Leadership Corpus Christi Outstanding Leadership Award 1992 Member LCC Class XIII Alumni Board - Treasure Steering Committees-1985 General Chairman Class XIX 1991 Corpus Christi Insight Program ♦ Co-Founder- 1990 Corpus Christi Chamber of Commerce Vice Chairman - Education & Leadership Comm. Chairman -Adopt-A-School Program - 1984 Chairman - Beach Parks/Boat Pass Task Force Corpus Christi Board of Realtors Co-Chairman Realtor Rally MLS Committee 1987 and 1991 Affiliate of the Year Program Chairman 1989 Fund-raiser Regional Transportation Authority Board of Directors— 1991-92 Nueces County Blood Bank Board Member 1994-96 Corpus Christi Retail Grocers Association Board Member Marketing Sales and Management Association Board Member Corpus Christi Better Business Bureau Board Member Nueces County Land Title Association Past President Texas Association of Abstractors and Title Agents Past President Texas Oil Markets Association Executive Committee - 1983 Regional Vice President- 1984 Finance Committee - 1984 State Brand Chairman National Oil Jobbers Association State Brand Chairman - 1983 American Heart Association Business Drive Chairman - 1986 CITY OF CORPUS CHRISTI Submit Date:Aug 02, 2021 Application for a City Board, Commission, Committee or Corporation Profile Jesus J Jimenez PE First Name Middle Initial Last Name Suffix Email Address 6925 Windy Creek Dr Street Address Corpus Christi TX 78414 City State Postal Code What district do you live in? R District 5 Current resident of the city? r Yes r No If yes, how many years? 14 Business: (361)826-5805 Mobile: (361)385-0385 Primary Phone Alternate Phone International Consulting Engineers(ICE) President/CEO Employer Job Title Work Address-Street Address and Suite Number 261 Saratoga Blvd Work Address-City Corpus Christi Work Address- State TX Work Address -Zip Code 78417 1GC1 is 1 NMAMMM7 DD Work Phone 3618265805 Work E-mail address JJ@icengineers.net Preferred Mailing Address R Work Address Which Boards would you like to apply for? CAPITAL IMPROVEMENT ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BSCE-Civil Engineering TAMUK MSCE-Civil Engineering TAMUK Previous Building Standards Board Member Why are you interested in serving on a City board, commission or committee? Yes, Capital Improvement Advisory Committee Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes c No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics lnc�is 7 limnnn-7 DC Gender p Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r' No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's leaiel Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) loci ec 1 limnnn-7 DD Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? 17 Development 17 Building Industry Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes r• No Verification City Code Requirement - Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree loci is 1 lim40nn7 D1= Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. PF I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. PF I Agree 1MC1 ie 1 1iM1Qn1Q-7 DD KEYPERSONNELRESUME JESUS J. JIMENEZ, P.E., CFM Phone: 361.826.5805 Fax: 361.826.5806 Email: IiCcDicengineers.net EDUCATION Texas A&M University Kingsville,2004 Master of Science, Civil/Structural Engineering Texas A&M University Kingsville, 2000 Bachelor of Science, Civil Engineering REGISTRATIONS/CERTIFICATIONS Licensed Prosional Engineer "' State of Texas,No 100765 State of New Mexico, No. 18389 �14` 0 Texas Dept.of Insurance Certified Windstorm Inspector AFFILIATIONS American Society of Civil Engineers(ASCE) National-Member ASCE Corpus Christi Chapter—Past President ASCE Corpus Christi Chapter—Section Director National Society of Professional Engineers(NSPE)-Member Texas Society of Professional Engineers(TSPE)-Member TSPE Corpus,Christi Chapter—Vice President Structural Engimeering Institute(SES)—Member City of CorpU&Christi—Building Standards Board Committee Vice-Chair Texas A&M University-Kingsville Civil&Architectural Engineering Advisory Board Committee Member Uniform Development Code(UDC)Infrastructure Requirements Committee Member PROFESSIONAL EXPERIENCE Mr.Jesus J.Jimenez, P.E.., is a Structural Engineer with over Nineteen(19)years'experience providing complete engineering services for the design, analysis, inspection, and evaluation of structural systems. Mr. Jimenez has been in charge of structural analysis, design, construction supervision and inspection of many commercial and industrial facilities including vessel supports, pipe supports, platforms, cranes, monorails and access ways. Mr. Jimenez offers comprehensive, technical expertise with respect to design/coordination of numerous commercial, industrial, and marine structural projects consisting of shopping centers, office buildings, schools, hospitals, warehouses, ship docking facilities, structural analysis of highway bridges, cranes, and piping structures, general civil/structural design,and safety inspection and modification of bridges. In his professional capacity, Mr,Jimenez has successfully performed numerous facility projects that required the implementation of ADA design guidelines and compliance. Clients for these projects include the following: RTA, Nueces County, The City of Corpus Christi, Architects FerrelUBrown, Richter, BMST, among others, Port of Corpus Christi Authority, CITGO Refining (Corpus Christi), CITGO Refining (Lake Charles LA),Anteon Corporation, Gulf Copper Ship Repair, and Gulf Compress. Mr. Jimenez is proficient in many computer programs including STAADPro, Lpile5, RAM, RISA Baseplate, IES Quickwall, and more. KEY PERSONNEL RESUME KEY REPRESENTATIVE PROJECTS NAS Corpus Christi—DHS Parking Apron Recapitalization Project—Project Engineer/Project Manager for the engineering and design of the removal and replacement of approximately nine(9) acres of existing asphalt and replace with twelve (12) inch unreinforced 650 flex concrete. Scope of work also included the implementation and routine inspection of the storm water pollution prevention plan, as well as construction and quality control inspections. Project Cost $3,500, 000 Staples Street Bridge Widening over IH-37 - Structural and civil design of widening of existing overpass bridge. The project involved construction of two additional lanes and 8 foot wide pedestrian walks in each direction. Structure system consists of cast-in-place concrete deck supported on precast, pre-stressed concrete beams transferring load to intermediate cast-in-place concrete bents. Bents were supported on drilled shaft piers. Prepared traffic plans for IH-37 and Staples Street traffic. Liveable Communities Initiative—worked on projects designed to link the communities to transit and create a pedestrian firiendly environment with greater accessibility through improved sidewalks, Crosswalks, medians and landscaping. Furthermore, the designs promote a safer environment through an unrestricted, but slower flow of traffic. These projects are funded program by the Federal Transit Administration and administered under the Transportation Enhancement Program. Kinney Street Bridge Replacement-This project included the demolition and replacement of the existing Kinney Street Bridge, constructed in 1912. The existing concrete retaining wall was removed and replaced with new soil anchored walls. This project also included new drainage structures, concrete ditch lining, the acquisition of a permanent_ utility and construction easement and traffic control plans. Corpus Christi Convention Center Expansion — Furnished structural engineering services consisting of structural design and construction inspectionq to the convention center and auditorium expansion project in Corpus Christi, TX. Project Cast $26,000,000 L i t N t.1 F ry I Del Rio Middle School—Furnished complete structural engineering services including engineering, design, and inspection for a new middle school facility for the San Felipe Independent School District in Del Rio, TX. Project Cost $18,000,000 Del Mar Health Science Center — Project Engineer for the development of five multi-stone buildings located at the Del Mar College West Campus. Project included all structural design including foundation design in conformance with project geotechnical investigation report. The new structure was developed to promote a new Health Science department for the college. Project Cost. $31,300,000 Del Mar College Public Safety Complex- Furnished structural engineering services for the design and construction inspection of a Public Safety Education and training facility that consisted of five buildings. This project included a fire and repelling tower for fire fighter training. Project Cost. $11,000,000 KEY PERSONNEL RESUME Nueces County, Nueces County Library— Project included complete structural inspections and engineering services for a 16,000 sq.ft.steel structure. Responsibilities included providing field reports and structural analysis of miscellaneous structural components as well as review of submittals, project scheduling and construction meeting attendance. Project Costa $5,500,000 Beeville Elementary School — Project Engineer for a new elementary school for the city of Beeville Texas. The structural design included all foundation system including structural fill and roof framing system including roof deck system, and also exterior wind load carrying items such as Concrete Masonry Units(CMU)walls or metal stud wall system. Project Cost: $3,800, 000 Beeville High School Improvements—Project Engineer for the design and engineering of an addition/expansion of the Beeville AC Jones High School. The structural design items included all foundation system including structural fill and roof framing system including roof deck system, and also exterior wind load carrying items such as CMU walls or metal stud wall system. On site Construction inspections were also provided for this project. Project Cosi: $6,000,000 Del Mar College Early Childhood Leaming Center - Provided structural engineering and construction inspection services for a new early child learning facility at Del Mar East Campus in Corpus Christi,Texas. Project Cost. $5,800,000 Del Mar College Central Kitchen Facility-Furnished structural and civil engineering services for a new central kitchen with loading docks located at Del Mar West Campus in Corpus Christi,Texas. Project Cost $1,100,000 Harte Research Institute-Fumished design services for all infrastructures for a new Marine Fbesearch Building for Texas A&M University Corpus Christi. Project Costa $13,500,000 City of Corpus Chrisd, 367 48" Diameter Gravity Line and Resaca Lift Station - The scope included design of 40 MGD wastewater lift station and large size gravity lines. It also included installation of new mechanical bar screen and a manual bar screen at the Broadway WWTP headworks. Resaca LS and the new gravity lines were constructed to minimize overflows in the Broadway Basin's Service Area Project Cost $621,000 Joe Fulton International Trade Corridor Port of Corpus Christi Authority-Member of design team for project consists of designing seven(7)miles of new road, road bridges, new railroad, new drainage system as well as improvements to the existing drainage system, new utilities installation, and field inspections. Project Cost $18,500,000 McArdle Road Phase III Project for the City of Corpus Christi—Member of design team for project that consisted of 2850 LF of new 62' back to back roadway section. Responsiible for all new infrastructure improvements, field inspections, and ADA compliance, project cost analysis and drainage analysis Project Cost $2,300,000 KEYPERSONNELRESUME City of La Villa Master Transportation Plan - Responsible for the creation of a Master Transportation Plan to develop programs which are adequate for long term traffic solutions and urban development. This plan sets street development standards, connects automotive and pedestrian traffic, as well as improves safety, quality of life, and air quality. A right-of-way map for future improvement was created with roadway sections to accommodate vehicular, pedestrian, and bicycle traffic. Hidalgo County Drainage District No. 1: Levee Improvements — Project consists of levee improvements to existing flood control structure in order to obtain certification by the International Boundary Waters Commission (IBWC) and the Federal Emergency Management Agency (FEMA). Improvements consist of building-up approximately 17 miles of existing levees to obtain adequate free board and provide suitable level of protection. The improvements were consistent with the U.S.Army Corps of Engineers:Design and Construction of Levees Engineering and Design Manual. Project Cost $300,000,000+ Yoakum Pershing Square- Member of design team for the Yoakum Pershing Square Project for the City of Yoakum, Texas, Project consisted of revitalizing downtown's main street. Visibilities included improving traffic flow, design of new parking areas, new sidewalks and pavement, utility relocation,and ADA compliance. Projed Cost: WA Cimarron Phase I—Member of design team. Project consisted of expanding a two-way single lane high traffic street into a four-lane with turning lanes from Bison Street to the intersection of Yorktown Boulevard, relocating utilities, new gas lines, acquiring right of way for the expansion, and new Oveways. Responsabilities included project management, cost estimates, and recommend traffic control requirements. The project's major challenge was an elementary school with entrance/exit right along Cimarron Street;traffic control was very important. Projed cost $9,800,00.00. Cimarron Phase II — Member of design team. project consisted of designing a second phase expansion to Cimarron from Yorktown Boulevard to Saratoga Boulevard. Project included new utilities, utility relocation, right-0f--way acquisition, new gas lines, project driveways, cost estimates, and traffic control, Project cost $5,700,000 Whataburger Field - Member of design team for the BallPark Offsite Utility Improvements. Projects consisted of revitalizing existing conditions, improving surrounding streets such as Tancahua and Port Ave. Responsibilities included cost estimate for project, project management as well as design of new drainage system, new driveways, new parking areas, new sidewalks and pavement, improving traffic flow,and new utilities. Project cost $27,000,000 Upriver Road — Member of design team for the upriver road. Project consisted of revitalizing and expanding the existing street,new utilities,cost estimates,and project management. Project cost $10,100,000 Del Mar College - Member of design team for the Del Mar College entrance guard shack. Project consisted of designing a traffic control island with a security guard shack, rerouting electricity and plumbing to the new building,project management,and traffic control management. Project Cost N/A KEY PERSONNEL RESUME Nueces County Bob Hall Pier, Corpus Christi, Texas — Performed evaluation and prepared a rehabilitation package for the 1400 Linear feet fishing pier structure in the Gulf of Mexico. Work also included design and inspection of a Cathodic Protection System as well as project management. Project Cost: $1,270,000 CITGO, Lake Charles, Louisiana: Completed "B" Dock Project Screen and Evaluation Study. Our scope included analyzing existing bulkhead stresses after discounting the corrosion losses to determine urgency of bulkhead replacement/rehabilitation requirements. In addition, review of feasibility study prepared by others was performed. Alternative solutions were prepared with detailed economic analysis. Project also consisted of the design of a steel crane structure to support oil tankers connection lines and associated pipping. Project Cost $6,000,000.00 Patriot Crane—PC3000 Crane Design Performed the structural design and analysis of a Crane consisting of 100ft boom length, 48 inch diameter Kingpost, Machinery Platform, Front rollers and padeyes, main frame section, boom-heel section complete with winch mounting foundation proofing. Crane final destination was China Design was in conformance with API-2C—6�1 Edition. CITGO - Pipe Rack Structural Investigation: Performed a computer model and finite element analysis of a series of pipe racks located within the CITGO Corpus Christi plant. The purpose of the analysis was to determine the adequacy of existing racks and recommend corrective measures to ensure that the pipe racks conform with CITGO design standards. P EI Paso Pipeline Group—Steel Skid Framing: This project consisted of the design of a steel skid for the Station 27 Turbine Exhaust Gas Recuperator Heat Exchanger Replacement Project. Designed and prepared a computer model and performed a finite element analysis of the structure as well as design drawings and specifications. Anteon Corporation, Heavy Weather Plan Analysis: Performed an analysis and presented the findings of the Heavy Weather Plan analysis for mooring of NAVY Ships based on a variety of weather conaditons. CalcuMons were performed for eight Gouts."Portside W"."Starboard Side To,and"Two Ship Configuration". Calculations were done in conformance with NAVSEA Standard Item No.009-69 Section 3.3.7 and 4.3. This analysis was performed to determine if the capacity of the existing mooring structures was adequate for the loading determined in the Heavy Weather Plan. Additionally, I determined the maximum allowable storm surge for the facility. Project Cost WA Gulf Copper Ship Repair, Inc.: Performed an analysis and presented the findings of the Heavy Weather Plan analysis for mooring of NAVY Ships based on a variety of weather conditions. Calculations were performed for eight layouts. "Portside to". "Starboard Side To", and "Two Ship Configuration". Calculations were done in conformance with NAVSEA Standard Item No. 009-69 Section 3.3.7 and 4.3. This analysis was performed to determine if the capacity of the existing mooring structures was adequate for the loading determined in the Heavy Weather Plan. Additionally, I determined the maximum allowable storm surge for the facility. Project Cost: WA h KEY PERSONNEL RESUME Gulf Compress—Cotton Storage Warehouse Design Provided engineering services and performed an economic analysis for the construction of 13 warehouse buildings. The overall design included four(4) Truck Dock/Rail warehouses and nine (9) Standard storage buildings with a combined footprint of over 600,000 sq.ft. Project Cost $13,000,000.00 Nueces County Bob Hall Pier, Corpus Christi, Texas — Performed evaluation and prepared a rehabilitation package for the 1400 Linear feet fishing pier structure in the Gulf of Mexico. Work also included design of a Cathodic Protection System and project management. Project Cost. $1,300,000.00 Port of Corpus Christi Authority, Cruise Ship Terminal, Corpus Christi, Texas: Completed a Phase I Engineering Design for modifying an existing dock facility above water. Work included design of new building and modifying an existing building. Project Cost $6,200,000.00 Port of Corpus Christi Authority, Cargo Dock#2, Corpus Christi, TX;-Performed evaluation and prepared a construction package for dock rehabilitation and fender improvements project. The project consisted of the rehabilitation of a 34,000 square feet concrete dock structures originally built in 1920. The existing seventy-year-old concrete structure was repaired using shotcrete and a new rubber fender system was installed to receive 30,000 DWT Cruise Ships. Project Cost $670,000.00 CITGO, Docks 1,2,3,6,7,&8 Corpus Christi,Texas: Performed a complete inspection,above and below water,of the CITGO dock facilities on the Corpus Christi Ship Channel. The inspection included timber, steel, concrete main dock, timber approachway, timber pipe racks, steel barge fendering system, concrete & steel breasting and mooring structures. All of the docks were in a deteriorated state and required repair and/or replacement of numerous components. A diving contractor was hired to perform the underwater portions of the inspections. Once each facility had been inspected a report was compiled that documented all deficiencies both above and below water. All items in need of repair or replacement were grouped by priority. Some items were determined to need immediate action, within 3 to 6 months, while other items could be addressed within 18 months. Recommendations for repair were made for every item noted item and cost estimates were provided for each priority group. Project Costa $1,800,000.00 Port of Corpus Christi Authority, Oil Dock 8, 9, and 10, Corpus Christi, TX: Provided complete engineering and field inspection services, Work consisted of extensive concrete and steel rehabilitation,sacrificial cathodic protection system installation,and barge fendering system installation. Project Cost. $800,000.00 CITGO Dock#3,Corpus Christi,TX: Was responsible for numerous rehabilitation and improvement projects in the past. At CITGO's request numerous periodic inspections were performed to determine walkways, approachway and breasting structure conditions. Recently completed Approachway, Walkway and Breasting Structure Fendering System Rehabilitation Project. Project Costa $223,000.00 Port of Corpus Christi Authority, Oil Dock 4 and 7, Corpus Christi, TX: Upgrade of existing deteriorated concrete docks with extensive concrete repairs and sacrificial cathodic protection. Project Cost $450,000.00 KEYPERSONNELRESUME Port of Corpus Christi Authority, Oil Docks 4 and 7, Corpus Christi,TX, - Complete engineering design of new mooring structure involving alternate design of monopile and 9 pile structure. Work also involved replacement of existing deteriorated pipe supports. Project Cost $380,000.00 CITGO, Koch Ship Dock#2, Corpus Christi,Texas: Completed an existing dock condition survey for CITGO Terminal Maintenance Department. Scope included above water and underwater assessment of the existing dock, pipe support structures, breasting structures and mooring structures, and also shallow sheet piling shore protection system. Project Cast. N/A CITGO, Koch Barge Dock#1,Corpus Christi,Texas: Completed an existing dock condition survey for CITGO Terminal Maintenance Department. Scope included above water and underwater assessment of the existing dock and related marine structures. Project Cost N/A CITGO, Lake Charles, Louisiana: Completed Barge Dock Rehabilitation design work. Design Included relieving platform installation,concrete repairs and sheet piling reinforcement worts. Project Cost $180,000.00 rCITGO, Dock #3, Corpus Christi, Texas: Completed Feasibility Study of three alternative shore protection systems namely steel sheet piling and rock rip-rap. Performed detailed economic analysis as well as worked on detailed engineering design on the selected altemative design. Project Cost. $500,000.00 CITGO, Lake Charles, Louisiana: Completed existing dock condition survey and feasibility study for °A"Dock Rehabilitation Project. Project Cost $3,250,000.00 CITGO, Dock#8, Corpus Christi, Texas: Completed inspection:and design work for the repairs of the breasting structures. Our scope included an assessment report of the damage sustained to the breasting structures including preliminary construction cost estimates, and finally preparing a full detailed design construction package. M I I M I4 LI t.IX i' r4 C t ft N Project Cost $100,000.00 Port of Corpus Christi Authority, Oil Dock 4, 7, and 11, Corpus Christi, TX: Design work for mooring system improvements around Avery Point Turning Basin. Total of 8 new mooring structures were added at the three adjacent docks. Prior to final design work,a system analysis study was completed in order to justify need and location of structures to minimize vessel drift magnitude at the most narrow section of the ship channel. Project Cost $1,200.000.00 KEY PERSONNEL RESUME ADDITIONAL PROJECT EXPERIENCE ■A.C.Jones High School Expansion,Beeville Texas -Cameron County-Post Hurricane Disaster Recovery Operations Damage Assessment Team Member ■CITGO-#4 Platformer chlorsorb facilities ■CITGO-#5 Platformer chlorsorb facilities ■CITGO-GHT Depentenizer Modifications ■City of Corpus Christi-Greenwood Plant Digester Covers ■City of Corpus Christi-Post Hurricane Disaster Recovery Operations Damage Assessment Team Member ■City of Corpus Christi-Resaca Liftstation -Corpus Christi-New Oak Park Elementary Structural Design ■Flint Hills-Fort Worth Terminal ■Flint Hills-Cumene PP Feed Copditioning Air Cooler Structure Area *Flint Hills-New Coalescer Supports -Flint Hills-Ingleside Terminal Pier&Dock Renovation ■HEB-Tortilla Factory Addition aMustang Engineering-#1 FCCU ReactiodRegenerator Foundation laNAS Corpus Christi-Mine Warfare Training Center ■Port of Corpus Christi-Solomon Ortiz Center Water Taxi Landing ■Southwest Marine Ship Repair-Heavy Weather Plan Analysis u *Sun Spree Resort-Windstorm Inspections •TxDot Corpus Christi-I.T.S.Facility Structural Design *Tyler Elementary Structural Design,Beeville Texas REFERENCES References are avaffable upon request. � ��0N O (� NSULTING ENGINEERS CITY OF CORPUS CHRISTI Submit Date:Jul 21,2021 Application for a City Board, Commission, Committee or Corporation Profile MS Anne S Mahaffey Prefix First Name Middle Initial Email Address 713 Snug Harbor Street Address Corpus Christi TX 78402 city What district do you live in? ' R District 3 Current resident of the city? r Yes r No If yes, how many years? 25 Mobile: (361)443-9743 Home: (361) 882-7108 Primary Phone ARemate Phone self _ _ investments manager Em*yer Job Title ' Work Address-Street Address and Suite Number 713 Snug Harbor Work Address-City corpus christi Work Address-State TX Work Address-Zip Code 78402 RAC Annn C Unhnffaw Which Boards would you like to apply for? CAPITAL IMPROVEMENT ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) BA International Studies from Southwestern University, Georgetown Texas. Former CCISD teacher for 15 years. I am involved in the North Beach Community Association. The Harbors Neighborhood Association. I sat in many meetings to promote the North Beach canal project. I am a volunteer with the American Heart Association and the Texas State Aquarium. Why are you interested in serving on a City board, commission or committee? I am pleased with the progress being made in our city. I have quite a bit of civic experience and feel that my knowledge will help move Corpus forward. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you,your spouse,your business or your spouse's business have a City contract? r Yes r No KAC Annc C hAnhoffmv Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries?' W Development KAC Annn C KAnhnffn.i Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? t- Yes r. No Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. R I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 1 Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree KAC Anno C RAnh!3ffo%i Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. R 1 Agree KAC Annn C AAnhn#cv CITY OF CORPUS CHRISTI Submit Date:Jul 26, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mr. Moses Mostaghasi Last Name Email Address 8017 Bar Le Doc Dr Street Address Corpus Christi TX 78414 City State Postal Code What district do you live in? R District 5 Current resident of the city? r Yes r No If yes, how many years? 38 Mobile: (361)774-3832 Business: (361)774-3832 Primary Phone Alternate Phone MPM Homes Inc. President Employer Job Title Work Address-Street Address and Suite Number 6722 Brockhampton Work Address-City Corpus Christi Work Address-State TX Work Address- Zip Code 78414 KAr frAncoc hAnctnnhnci Work Phone 3617743832 Which Boards would you like to apply for? CAPITAL IMPROVEMENT ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Homebuilder born and raised in Corpus Christi with a high-level of community service and interest in the future of the area. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? I am interested in serving in this committee because I am dedicated to developing the quality of life and potential growth of Corpus Christi, my home. I have valuable knowledge and skills that I believe will be beneficial to the committee and community. Are you an ex-Officio member of a City Board, commission or committee? r Yes r: No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics KAr RAnccc AAnctnnhnci Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) KAr Uncnc AAnctnnhnci Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? R Real Estate R Development W Building Industry Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? Yes No Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. R 1 Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. R I Agree KAr hAnccc I\Anctnnhnci Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. Q I Agree NAr NAnone NAnctnnhnci CITY OF CORPUS CHRISTI Submit Date:Jul 21, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mr Ramiro Munoz III Prefix Last Name Email Address 3810 ANDREA LANE .._......M_ _ ,. Street Address CORPUS CHRISTI TX 78414 City Postal Code What district do you live in? Fl District 5 Current resident of the city? r Yes r No If yes, how many years? 15 Mobile: (361)944-1301 Home: (361) 946-4848 Primary Phone Alternate Phone PRESIDENT/PRINCIPAL MUNOZ ENGINEERING ENGINEER __........._._. Employer Job Title Work Address-Street Address and Suite Number 1608 S. BROWNLEE BLVD. Work Address- City CORPUS CHRISTI Work Address-State TX Work Address-Zip Code 78404 KAr 0�mir^ I►Ai rnr» 111 Work Phone 361-946-4848 Work E-mail address ram@munozengrg.com Preferred Mailing Address R Work Address Which Boards would you like to apply for? CAPITAL IMPROVEMENT ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a registered voter? r: Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: CONSTRUCTION TRADE ADVISORY&APPEALS BOARD Education, Professional and/or Community Activity (Present) BACHELOR OF SCIENCE IN CIVIL ENGINEERING, MASTER OF SCIENCE IN CIVIL ENGINEERING, LICENSED PROFESSIONAL ENGINEER, BUSINESS OWNER, UNITED STATES MARINE CORPS VETERAN (E-5), ACTIVE VOLUNTEER FOR THE BOY SCOUTS OF AMERICA, PAST CHAIRMAN OF CITY OF CORPUS CHRISTI BUILDING STANDARDS BOARD, PAST CHAIRMAN OF CITY OF CORPUS CHRISTI BUILDING BOARD OF APPEALS AND CHAIRMAN CONSTRUCTION TRADE ADVISORY&APPEALS BOARD. Why are you interested in serving on a City board, commission or committee? I WANT TO CONTINUE MY SERVICE ON THE NEW BOARD. Are you an ex-Officio member of a City Board, commission or committee? r Yes r. No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r: Yes r No ItAr Dnmirn I►Ai jnn-7 III Demographics Gender 17 Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you repre.,,,?nt any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. Munoz Engineer works with City of Corpus Christi Engineering Department. Board-specific questions (if applicable) KAr Dnmirn 11Ai inner 111 Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? R Real Estate R Development R Building Industry �ruestion applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes t. No Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. R I Agree City Code Requirement -Attendance As a board,commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. R 1 Agree I\Ar Dnmirn RAi inn-7 III Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Ur Dnmirn RAi inn-7 111 CITY OF CORPUS CHRISTI Submit Date:Aug 03, 2021 Application for a City Board, Commission, Committee or Corporation Profile .ti wMm. O'Neill ---------- cmah Andress 330 barracuda pl Street Address Corpus Christi. _ _ TX 784_11 City State Postal Code What district do you live in? Fl District 2 Current resident of the city? r Yes r No If yes, how many years? 12 Mobile: (361)947-8003 Home:(361)947-8003 Primary Phone Alternate Phone So# Realtor Em*yer Job Title Work Address-Street Address and Suite Number 5334 Everhart Rd suite 200 Work Address- City Corpus Christi Work Address- State Tx Work Address-Zip Code 78411 lot-nr rnlinn niklcill Work E-mail address Jac@JaciOhomes.com Preferred Mailing Address P Home/Primary Address Which Boards would you like to apply for? CAPITAL IMPROVEMENT ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) BA Psychology Real estate since 2001 If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Capital improvement Building Education Why are you interested in serving on a City board, commission or committee? I love my city and those who live here. I want to be an active participant in helping our City and community improve- Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Gender 17 Female Code of Ethics- Rules of Conduct/Conflicts of Interest lorne iclinc (1'Alcill Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO" to all questions above, please enter N/A. Na Board-specific questions(if applicable) lnrne inlinn rl'klcill Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? 17 Real Estate Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? Yes No Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 1 Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 1 Agree 1!3rm inline rl'KIcill Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. R I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. R I Agree lnrna lnlinn n'Klnill CITY OF CORPUS CHRISTI Submit Date: Aug 02, 2021 Application for a City Board, Commission, Committee or Corporation Profile Everett Rr Email Address 14626 Red River Dr Street Address Corpus Christi TX 78410 City State Postal Code What district do you live in? ' R District 1 Current resident of the city? r: Yes r No If yes, how many years? 9.5 years Home:(361)443-9173 Home:(724)816-7386 _ Primary Phone Alternate Phone ValueBank Vice President Employer Job Title Work Address-Street Address and Suite Number 3649 Leopard St Work Address- City Corpus Christi Work Address-State Texas Work Address-Zip Code 78408 wnrntt Dnw Work Phone 361-673-9326 Work E-mail address everett.roy@value.bank Preferred Mailing Address W Work Address Which Boards would you like to apply for? CAPITAL IMPROVEMENT ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r: Yes r" No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) Master's Degree in Management, Bachelor's in Business Management Calallen Education Foundation, Northwest Business Association, Prospera If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? The current trust system used to allocate funds to builders needs to be changed and/or updated.The funds will be depleted if the issue is not addressed. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r. Yes r- No Cvnro4t Drw No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. if you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r. Yes r No Demographics FJ Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CAPITAL IMPROVEMENT AC. 4i V�1RTE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? 67 Real l Estate 67 Development 67 Building Industry Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes r No Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Gwnrntt Dnv City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree P%inrntt I nv Everett A. Roy 14626 Red River Drive Corpus Christi, TX 78410 361-443-9173 Overview Seasoned leader with experience in all aspects of commercial and residential banking, relationship building, community reinvestment, personnel, and project management. Accomplished executive with practice in contracting and public relations. Current board member for non-profits directing events and fund raising. Past elected Corpus Christi City Council Member with knowledge in municipal government, budget, and policy. Skills Summary Regulatory compliance Trainer& coach Municipal government Bank operations Fiscal accountability Compliance Personnel management Expansion strategies Business& channel development Key account management Complex negotiations Public Relations Community advocacy Analytics HUD affordable housing Experience 05/2018 TO 01/2021 CITY COUNCIL MEMBER,DISTRICT 1 CITY OF CORPUS CHRISTI, TX • Appointed and then elected to implement policy and set directives for Corpus Christi • Acted as a liaison between the city and the general public • Chaired the Corpus Christi North Beach and Downtown tax increment reinvestment zone committee • Served on the Utility and Audit Committee board • Worked with the Port Authority to mediate issues in Hillcrest and William Coles area • Provided oversight on a 1.1-Billion-dollar budget 10/2019 to Present VICE PRESIDENT VALUEBANK TEXAS, CORPUS CHRISTI, TX • Originate and analyze Commercial loans throughout Texas closing over 14 million dollars in new loans in 2021 • Manage an existing portfolio of 150 clients with a total value of over 17 million dollars • Facilitate PPP loans under the Cares Act for bank customers during COVID crisis • Train and oversee ValueBank staff on residential lending and processing to meet or exceed State and Federal regulatory requirements • Provide onsite inspection at construction sites to ensure project meets standard and reduce fraud and abuse • Actively support community events and business initiatives 812014 to 212019,SENIOR VICE PRESIDENT, KLEBERG BANK CORPUS CHRISTI, TX • Awarded Super Performer Manager by community bank • Streamlined loan process at community bank to ensure turnaround time was 30 days or less • Recognized and recommended process improvement initiatives with contact relationship management software to increase overall efficiencies • Successfully managed daily operations to include performance, annual budgets, expense reports, travel, resources,processes, etc. for all mortgage staff • Reduced operating cost and increased revenue margin by 12% in 2017 • Assisted local Education Foundation with fundraising and awarding teacher grants • Visited local high school students as mentor for career counseling and college readiness • Contacted businesses and raised funds for local United Chamber of Commerce • Prepared classes and speakers for Leadership Corpus Christi class participants • Directed non-profit organization which raised funds and supports school athletic program • Assisted first time homebuyers with down payment assistance and counseling • Counseled displaced Hillcrest residences with home buying options 412011 to 812014 REGIONAL MANAGER, TSYS NETSPEND A US TIN, TX • Covered a multi-State territory • Through retail market, provided under-banked or non-banked consumer products to people in low economic areas with alternative banking solutions • Trained field staff on products and customer support • Met with retail clients Senior Leadership, CEO, COO, CFO and reviewed trends and performance on a quarterly basis • Introduced financial literacy to consumers in low social economic neighborhoods • Set up and staffed a booth at community events to promote financial services Education Master of Arts, Management, 1993 Webster University, St. Louis, MO Bachelor of General Science, Business, 1989 Chaminade University, Honolulu, HI Affiliations Leadership Corpus Christi Class 44 Alumni, Board Member, Calallen Education Foundation Past President, Calallen Football Booster Club Member, Coastal Bend Home Builders Association Affiliate Member, Corpus Christi Association of Realtors Veterans of Foreign Wars Prospera Housing Board Member Northwest Business Association, President CITY OF CORPUS CHRISTI Submit Date:Jul 31. 2021 Application for a City Board, Commission, Committee or Corporation Profile Kim H Schmid Middle Initial Last Name Email Address 5541 Ocean Drive Street Address Corpus Christi TX 78412 City State Postal Code What district do you live in? " R District 4 Current resident of the city? r Yes c No If yes, how many years? 5 Mobile:(361)947-3256 Mobile:(361)947-3256 Primary Phone Alternate Phone WA WA _ Employer Job Title Work Address-Street Address and Suite Number N/A Preferred Mailing Address R Home/Primary Address Which Boards would you like to apply for? CAPITAL IMPROVEMENT ADVISORY COMMITTEE:Submitted Interests & Experiences Vim W Cr+hmir) Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelors Science"Secondary Education",Associate Arts"Zoo Animal Technology" Present:Art Center Corpus Christi Board Member and Chair Vista Committee (fund raising) (Past President 2019/20), Barry Brown Clay Studio Group (Past President), Past Community Involvement : Former Family Advisory Board member Driscoll Children's Hospital, Project DOCC Driscoll Children's Hospital, Paws Up Animal Assisted Therapy, Former Secondary Science Teacher GPISD If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) Capital Improvement Advisory Committee Why are you interested in serving on a City board, commission or committee? I would like to be able to lend voice and insight to the city's Capital Improvement plan. I Have been involved with the Art Center of Corpus Christi since 2006 and have been part of downtown, Bayfront and marina growth discussions thru my Board position at the Art Center for the past 5 years. I have had a residence on Padre island for 9 years and now live off of Ocean drive. I have a love of our bay and beaches and can give insight into how a Capital Improvement Plan may impact residents living by those coastal areas. I have a background in Marine Biology and have been involved with the Texas State Aquarium thru my husbands work.Thru my involvement with the aquarium, I have insight into how a CIP may impact the North Beach region. I have had a residence in the Coastal Bend for the last 25 years(20 yrs in Portland,Texas and 10 years in Corpus Christi,Texas). I will bring to the committee my experiences as a coastal bend resident as well as a voice for the arts,coastal regions and growth and development in our downtown/marina region. Are you an ex-Officio member of a City Board, commission or committee? r Yes c: No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? c: Yes r No Demographics Gender W Female Leim LJ Crhmiri Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r: No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) V;i U Crhmirl Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? W Development Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r• Yes ra No Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. R I Agree flim 6.J Cf hmirl Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. --------------- W I Agree vli U Cnk ;rf CITY OF CORPUS CHRISTI Submit Date:Jul 30. 2021 Application for a City Board, Commission, Committee or Corporation Profile Trey Summers First Name Email Address 401 Santa Monica Place Street Address Corpus Christi _ TX _ 78411 City State Postal Code What district do you live in? ' p District 4 Current resident of the city? c Yes r No If yes, how many years? 9 Mobile: (512)994-5005 _ Business: (361)883-1550 Primary Phone Alternate Phone Hogan Homes Chief Operations Officer Employer Job Title Work Address- Street Address and Suite Number 1301 Antelope St Work Address- City Corpus Christi Work Address-State Texas Work Address-Zip Code 78411 -r-, C.-- Work Phone 3618831550 Work E-mail address tsummers@hoganhomestexas.com Preferred Mailing Address Q Work Address Which Boards would you like to apply for? CAPITAL IMPROVEMENT ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Stormwater Stakeholder Group Education, Professional and/or Community Activity (Present) Bachelor Degree in Business Administration; Coastal Bend Homebuilders Association 2017 President; Coastal Bend Homebuilders Association Government Relations Committee Chair, Texas Association of Builders (TAB) Developers Council;TAB Volume Builders Council;TAB Codes&Standards Committee; TAB Government Relations Committee; Licensed Realtor If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Capital Improvement Advisory Committee Why are you interested in serving on a City board, commission or committee? As a volume builder and developer in Corpus Christi and the surrounding areas, I believe it is imperative to have updated master plans and proper funding mechanisms in place for future development that are both EQUITABLE and ACCESSIBLE for all developers (commercial, residential, and industrial). These funding mechanisms need to be drafted in a manner that does not allow for multiple interpretations. Additionally,we need to ensure that future funding mechanisms will not stunt growth and further drive up the cost of housing. Are you an ex-Officio member of a City Board,commission or committee? r Yes r No Trw C--_ Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Trnxi Ci jmmnrc Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? R Real Estate R Development R Building Industry Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes r• No Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. R I Agree City Code Requirement -Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Trov Ci immoro Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W 1 Agree Trnv Ci immcrc CITY OF CORPUS CHRISTI Submit Date:Jul 21, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mrs. Velda G. Tamez _ +^' First Name Middle Initial Last Name 6040 Ocean Dr. Street Address Corpus-Christi TX 78412 city State Postal Code What district do you live in? R District 4 Current resident of the city? r Yes r6 No If yes, how many years? 23 Home:(361)510-6429 Home:(361) 510-6429 Primary Phone Alternate Phone Keller Williams Coastal Bend Realtor Em*yer Job Title Work Address-Street Address and Suite Number 823 Kinney St Work Address-City Corpus Christi Work Address- State Tx Work Address-Zip Code 78401 NArc \/chin r Thmc-7 Work Phone 361-510-6429 Work E-mail address Yw8@msn.com Preferred Mailing Address R Work Address Which Boards would you like to apply for? CAPITAL IMPROVEMENT ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) Carroll High School Graduate- 1981 Associates Degree Houston Community College-1993-1995 Del Mar College-Texas Realtor- 1998-currently Junior League Of Corpus Christi -2000-2002 If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) NA Why are you interested in serving on a City board, commission or committee? To serve the community. Are you an ex-Officio member of a City Board, commission or committee? Yes r No Demographics Gender R Female KArc \/chin r, Tnmc-7 Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r- Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? c Yes r No Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes c: No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. My spouse/company is currently under contract and a reimbursement agreement with the City of CC to construct the East London Lift Station. Board-specific questions (if applicable) NAre \/nlrin (_ Tmmn-7 Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? ' W Real Estate W Development Question applies to CAPITAL IMPROVEMENT ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? Yes �"� No Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. R I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree NArc \/clrin r T-amc-7 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. Fl I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 1 Agree KArc Walrin r Tnmc-7 so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 08/10/21 1852 Second Reading Ordinance for the City Council Meeting 08/17/21 DATE: June 14, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 9142 South Staples Street (FM 2444) CAPTION: Zoning Case No. 0521-01, Kitty Hawk Development, Ltd.: (District 5)Ordinance rezoning property at or near 9142 South Staples Street (FM 2444) from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District. SUMMARY: The purpose of the rezoning request is to allow for the construction of single-family residential lots with access to City water utilities, but no wastewater or gas utilities. BACKGROUND AND FINDINGS: The subject property totals 0.86 acres in size and is currently zoned "CN-1" Neighborhood Commercial District, consists of vacant land, and has remained since annexation in 1995. To the west are properties outside of the City Limits and consist of vacant undeveloped land. To the north, south, and east is property zoned "RS-15" Single-Family 15 District. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a commercial use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. However, the subject property has the future land use designation of commercial and therefore inconsistent with the future land use map. This said, the property was recently rezoned along with the surrounding "RS-15" properties in 2013. The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. Public Input Process Number of Notices Mailed 1 within 200-foot notification area 1 outside notification area As of June 11, 2021: I n Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification a rea. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition ALTERNATIVES: 1. Denial of the zoning to the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: The Planning Commission recommended approval of the zoning to the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District on June 9, 2021. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0521-01, Kitty Hawk Development, Ltd.: (District 5) Ordinance rezoning property at or near 9142 South Staples Street (FM 2444) from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being the Described as the south half of Section 31 , Laureles Farm Tracts, a map of which is recorded in Volume 3, Page, 15, Map Records Nueces County, Texas, as shown in Exhibit "A": from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District The subject property is located at or near 9142 South Staples Street (FM 2444). Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. 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 7. This ordinance shall become effective upon publication. Page 2 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 6 Exhibit A EXHIBIT"A" METES AND BOUNDS PROPERTY DESCRIPTION THE STATE OF TEXAS � COUNTY OF NUECES � Field notes for the rezoning of one of one tract of land (not based on an ort-the-ground survey) out of the south half of Section 31, Laureles Farm Tracts, a map of which is recorded in Volume 3.. Page 15, Map Records of Nueces County, Texas_ Said tract of land is situated in the city limits of Corpus Christi, and is described by metes and bounds as follows: COMMENCING at the northwest comer the south half of said Section 31; THENCE South, along the west Mundary line of said Section 31, a distance of 704.39 feet,to the POINT OF BEGINNING and being the northwest corner of this tract: THENCE South, along the west boundary line of said Seon 31, a distance of 162.14 feet to a point being the southwest corer of this tra ct: THENCE East, a distance of 221.75 feet to a point being the beginning of a curare to the right: THENCE along said curie to the right. which has a central angle of 00°35'07{.. a radius of 782.50 feet, a tangent of 4.00 feet.. an arc length of 7.99 feet, a chord bearing of S 89'42'27" E,and a chord d istance,of 7.59 feet; THENCE N 00'35'07'E. a distance of 25.00 feet; THENCE North, a distance of 89.29 feet to a point being the beginning of a curve to the right: THENCE along said curve to the right, which has a central angle of 02°05'23. a radius of 500.00 feet, a tangent of 9.12 feet. an arc length of 18.24 feet, a chord bearing of N 13°30'14" E,and a chord distance of 18.23 feet; THENCE abng said curie to the right. which has a central angle of 03°36'11-. a radius of 500.00 feet, a tangent of 15.73 feet, an are length of 31.411 feet, a chord bearing of N WEKH3 Zoning Exhibit:A', CNA to FSS-15 Page 1 of 2 Page 4 of 6 16`21'01" E, and a chord distance of 31.44 feet to a point being the northeast corner of this tract; THENCE West_ a distance of 243.11 feet to the POI NT OF BEGINNING, and containing 37,H3 square feet 1.0.8628 acres), more or less. This field mote descrip ion is accompanied by a drawing of this tract, 'Exhibit E'. WEKH3 Zoning Exhibit :A', CNA to FSS-15 Page 2 of 2 Page 5 of 6 Fr 4 41 ■ M -- V&ST 2W7 19 �-- — i J. 'I • I �F Z i ` ri I i - �� II — --�-------- -- - -- _ II! H i III III Raw = rn t SII ,W M,Mla 11 1 i - IIII naw n id M g i .j L''�+q'5,%rLi"' 2957 19 I w ------------� �lp1 � al v'�1'fi•i�7:Y6'S'f i0r1}I � .-,•} {: � ,I = � �•"ra ��I m .'4 cYC!'_�•p1741'1ti1� 116 C H II t X ' —4,1ERSs7CSA7P07TYHAVWK Tu& £ x IYIT3ZJA maax i ,4 ZONING ME—ES& BOUNDS A nw INEE i� ""'° `� CWL �'l414F'h: �M�SY waa rq� Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No. 0521-01 INFOR No. 21ZN1018 Planning Commission Hearin Date: June 9, 2021 Owner: Kitty Hawk Development Ltd. Applicant: Kitty Hawk Development Ltd. a Location Address: 9142 South Staples Street (FM 2444). Legal Description: Described as the south half of Section 31 , Laureles Farm Qm Tracts, a map of which is recorded in Volume 3, Page, 15, Map Records Nueces o County, Texas, located along the southeast corner of South Staples Street (Farm to Market 2444) and County Road 41 . From: "CN-1" Neighborhood Commercial District To: "RS-15" Single-Family 15 District 'Es Area: 0.86 acres N Purpose of Request: To allow for the construction of single-family residential lots. Existing Zoning District Existing Future Land Use Land Use "CN-1" Neighborhood Site Commercial District Vacant Commercial "CN-1" Neighborhood .o ? North Commercial District Commercial Commercial "RS-15" Single-Family 15 Low Density a�= South Vacant J District Residential T "RS-15" Single-Family 15 Low Density wEast District Vacant Residential West Outside City Limits Vacant Outside City Limits Area Development Plan: The subject property is located within the boundaries 06 of the Southside Area Development Plan (ADP) and is planned for commercial a use. The proposed rezoning to the "RS-15" Single-Family 15 District is partially M ° inconsistent with the adopted Comprehensive Plan (Plan CC) and warrants an -T amendment to the Future Land Use Map. Q > Map No.: 040034 City Council District: 5 Zoning Violations: None Transportation and Circulation: The subject property currently has no access ° to street frontage. The preliminary plat does show frontage to one proposed street. The property has approximately 162 feet of street frontage along 0 Grumman Road (County Road 41 ) which is designated as a "A2" Secondary a N Arterial Street. According to the Urban Transportation Plan, "A2" Secondary L Arterial Streets can convey a capacity between 20,000 to 30,000 Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type South C; Staples ' 8,817 Street (Farm "AY Primary Arterial 130ROW 170' ROW ADT to Market 79 paved 100 paved (2017) 2444) U) Grumman Road "A2" Secondary 100' ROW None N/A (County Arterial Varies paved Road 41) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District to allow for the construction of single-family residential lots. Development Plan: The subject property is 0.86 acres in size. Existing Land Uses & Zoning: The subject property is currently zoned "CN-1" Neighborhood Commercial District, consists of vacant land, and has remained since annexation in 1995. To the west are properties outside of the City Limits and consist of vacant undeveloped land. To the north, south, and east is property zoned "RS-15" Single- Family 15 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 8-inch PVC service line runs to the east or rear of the property. Wastewater: No wastewater access is currently located at the subject property. Gas: No gas access is currently located along the subject property. Storm Water: Drainage would be directed toward a 30 foot Drainage Easement that runs along the proposed extension of Grumman Road (County Road 41). Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for a commercial use. The proposed rezoning to the "RS-15" Single-Family 15 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 3 • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). Department Comments: • The proposed rezoning is mostly consistent with the adopted Comprehensive Plan (Plan CC). However, the subject property has the future land use designation of commercial and therefore inconsistent with the future land use map. This said, the property was recently rezoned along with the surrounding "RS-15" properties in 2013. • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. Planning Commission and Staff Recommendation (June 9, 2021): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District. Number of Notices Mailed — 1 within 200-foot notification area 1 outside notification area 0 As of June 3, 2021: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area — 0 outside notification area a Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0720-01 Bobak Mostaghasi (London)/PC Documents/PC Report-Bobak Mostaghasi.docx Staff Report Page 4 CH.r Rs-r5 SUBJECT PROPERTY OCL h rrs-,5 4� RE l*� Lp CAi AC:�YyllA2gP 1 0 i1S 7�4@L Cp' 8w'wopanrnrBrrFais CASE: 0521-01 ------- SUBJECT PROPERTY WITH ZONING ---— , ® sv�t NNI Property 5LB JECT PROPER' RM•l MvrraMlb 1 IL uv RlEw►lat I RM•L MvRrrnlM Y N wrvr re.aNM l RM.a MurrrMlni wR Fri.•a uet o.c a�.nar _ .aa n ON P"4&VANOM0 Ri•1■ ..WF-41! RM-Ai MYrrams.ry Ai Ri• MGWFwrx\ 5Crr,LJ fid} CM-1 wMrvaer15�9.am�ninNil Rii.L MMrp-F— 4t CM-2 wlpwaa•s�a^__ mFnwFl RidF TMO•FYWtar CR•T wwwCannr•:Sa Ri-1L MedlFFarRIt 00A wnriC:n^,rr..i Fm Rr nhow[deli M. Own re F'. RS TN TbM rvtrowr CO•x *"#I. a-n.-.,r w paMrl w.rw■ Ca rre uve_ -ne•c.a R! IpprrbPrvM 0ftle Plrr me OF>M.—:...nna•.a aprX MwweaalrrFi ROAD ,�Ir 1 CR-a www c�rm.aFnu� L FR hnR Rarnv M aasfnrnwFw BviMiii wiai LOCAr'0 MAP Zoning Case #0521 -01 Kitty Hawk Development Ltd. Rezoning for a Property at 9142 South Staples Street (FM 2444) From "CN-1" To "RS-15" r o . SUBJEC (�nnn p2/ P� II FROPM City Council August 10, 2021 Aerial Overview L� SUBJECT PROPERTY r,= It 9 i �q Dov o� Zoning Pattern and Adjacent Development cye O n x � t Q� d RCS ION V�,,��H-I U ' ^d 2@05 t3 E aC �Oo Oo 4 X093 1023 - ���c � RE X004 Q� og �Oo aOg ON 703 Public Notification 1 Notices mailed inside 200' buffer 1 Notices mailed outside 200' buffer Notification Area SUBJECT Opposed: 0 (0.00%) oPE DCL In Favor: 0 Oly �R Notified property owner's land in square "{ feet/Total square footage of all property in the notification area = 1 1-1s, Percentage of public opposition Planning Commission and Staff Recommendation Approval of the "RS-15" Single-Family 15 District Utilities . ............... f Water: I t _ - - 8-inch PVC Wastewater: None SUBJEI� Gas: PRO 8 None Storm Water: M 30-foot Drainage Easement , � i I f ROf ERT I ." v 10 v , � r s a r t m m F a "w � FA. u� t" 4&- iP, B CASE:E: 0521-01 i Aerial with Subject Property � SUBJECT 1�1 .Subject PROPER 1111 pe* k M AdapScale: f:1,800 C* CZiM zoC,arlonr naChflgd so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 08/10/21 1852 Second Reading Ordinance for the City Council Meeting 08/17/21 DATE: June 11, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 5839 Williams Drive CAPTION: Zoning Case No. 0621-02, Glenn Lyons: (District 3) Ordinance rezoning property at or near 5839 Williams Drive from the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District. SUMMARY: The purpose of the rezoning request is to allow for the construction of a small multi-tenant office building. BACKGROUND AND FINDINGS: The subject property totals 0.46 acres in size and is currently zoned "RS-6" Single-Family 6 District, consists of vacant property, and has remained since annexation in 1954. To the north across Williams Drive are properties rezoned in 2014 to the "CG-2" General Commercial District and currently consists of two hotels. To the south are office buildings zoned "ON" Neighborhood Office District and a large apartment complex zoned "CG-2" General Commercial District. To the east is a single-family residential subdivision (Gulfway Airline Park Unit 1; 1954) zoned "RS-6" Single-Family 6 District. To the west, across Braeswood Drive, is an office building zoned "RS-6" Single-Family 6 District and a large apartment complex zoned "CG-2" General Commercial District. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a commercial use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. Adjacent properties consist of lots rezoned in 2002 to the "ON" Neighborhood Office District. Additionally, the "ON" Neighborhood Office does not allow bars, pubs, taverns, or nightclubs. Public Input Process Number of Notices Mailed 19 within 200-foot notification area 1 outside notification area As of June 11, 2021: I n Favor In Opposition 1 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area Totaling 2.97% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition ALTERNATIVES: 1. Denial of the zoning to the"RS-6" Single-Family 6 District to the"ON" Neighborhood Office District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. The Planning Commission recommended approval of the zoning to the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District on June 9, 2021. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstai ned: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0621-02, Glenn Lyons: (District 3) Ordinance rezoning property at or near 5839 Williams Drive from the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lots 20 and 21 , Block 4, Gulfway Airline Park Unit 1 , as shown in Exhibit "A": from the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District The subject property is located at or near 5839 Williams Drive. Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. 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 7. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 4 Exhibit A C Ci-Z ,as_s sP�re-m ��R CG-2 i 7 / SUBJElCT 'PROPERTY CG-2 OM r SLI a V `V V CG- ar 4is. 723 23 /."a.BP[SeFvr.c'SYR Fee[ wpuonnrwU.rrtrp.rR CASE. 0621-02 SUBJECT PROPERTY WITH ZONING ® Eery T .TYt k LJOKMbf[r .r.T r.er.witrT rr.rr r..f.fr Rr-f rreer�tr+ Finafw..•a uri a.r.o.,.,r.r Ob' .rOM aarar 0.n.• z. ffia 1:77 id MAf r.en.iku R.♦ ffio- - taeni Gria�eay CM-1 r.a♦bb.rba�C•.r.nMl R+4-i ffiok-=r f e- Cr_f Irybb.rlr•i C....M.1 Rl-TF ho-sem -1 M-2 R.wn CO..w.M1 Rt-f6 ffipw`sem'! -S M 6o...r-.C•rr•nr� RE Mru..•.=c'w. ca-� r c•rr•rrr rsx;rf mrnhbu,e aa.-: :...rr C•..•rrr � w..�. n Fw Rbmib— .r,:a a.n. cbo o•..T•..C....r.i _ - R•wn C.rr.ror� c F.1 Rrfr Ckyo{ f•rra wnry yjriII[YD3p�M�. .rFr•r•.•R Page 4 of 4 PLANNING COMMISSION FINAL REPORT Case No. 0621-02 INFOR No. 21ZN1019 Planning Commission Hearing Date: June 9, 2021 C Owner: Glenn Lyons o Applicant: Glenn Lyons u .� Location Address: 5839 Williams Drive a N Legal Description: Lots 20 and 21 , Block 4, Gulfway Airline Park Unit 1 , located Q °� o at the southeast corner of the intersection of Williams Drive and Braeswood Drive, and east of South Staples Street. From: "RS-6" Single-Family 6 District To: "ON" Neighborhood Office District -Es Area: 0.46 acres N �' Purpose of Request: To allow for the construction of a small multi-tenant office building. Existing Zoning District Existing Future Land Use Land Use Site "RS-6" Single-Family 6 District Vacant Commercial "CG-2" General Vacant and Commercial and North Commercial District Commercial High Density Residential Professional Commercial and o" ON" Neighborhood Office and N South High Density Office District Medium Density Residential J Residential n "RS-6" Single-Family 6 District LU East and "CG-2" General Low Density Medium Density Commercial District Residential Residential Public / Semi- West "RS-6" Single-Family 6 District Public and High Density Medium Density Residential Residential 06 Area Development Plan: The subject property is located within the boundaries a of the Southside Area Development Plan and is planned for a commercial use. 2 - The proposed rezoning to the "ON" Neighborhood Office District is consistent a o with the adopted Comprehensive Plan (Plan CC). Q City Council District: 3 Zoning Violations: None Staff Report Page 2 o Transportation and Circulation: The subject property has approximately 120 feet of street frontage Williams Drive which is designated as a "CY Primary o Collector Street and approximately 160 feet of street frontage Braeswood Drive which is designated as a "Local / Residential" Street. According to the Urban = Transportation Plan, "CY Primary Collector Streets can convey a capacity ca between 4,000 and 8,500 Average Daily Trips (ADT). Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume Williams "C3" Primary Collector 75' ROW 100' ROW 9,216 ADT Drive 50' paved 50' paved (2015) Cn Braeswood Local / Residential 50' ROW 80' ROW Not Drive 28' paved 54' paved Available Staff Summary: Development Plan: The subject property is 0.46 acres in size. The applicant is proposing a small multi-tenant office building. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District, consists of vacant land, and has remained since annexation in 1954. To the north across Williams Drive are properties rezoned in 2014 to the "CG-2" General Commercial District and currently consists of two hotels. To the south are office buildings zoned "ON" Neighborhood Office District and a large apartment complex zoned "CG-2" General Commercial District. To the east is a single-family residential subdivision (Gulfway Airline Park Unit 1 ; 1954) zoned "RS-6" Single-Family 6 District. To the west, across Braeswood Drive, is an office building zoned "RS-6" Single-Family 6 District and a large apartment complex zoned "CG-2" General Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 8-inch C900 line located along Braeswood Drive. Wastewater: 8-inch VCP line located along Braeswood Drive. Gas: 6-inch Service Line located along Williams Drive. Storm Water: Road inlets located along Williams Drive. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a commercial use. The proposed rezoning to the "ON" Neighborhood Office District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 3 • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Attract diverse, new, commercial development to vacant, non-residential, infill parcels. (Southside ADP Policy Statement 5). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. • Adjacent properties consist of lots rezoned in 2002 to the "ON" Neighborhood Office District. • The "ON" Neighborhood Office District is a transitional district and limits the size of retail and restaurant uses. Additionally, the "ON" Neighborhood Office does not allow bars, pubs, taverns, or nightclubs. Planning Commission and Staff Recommendation (June 9, 2021): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District. Number of Notices Mailed — 19 within 200-foot notification area. 1 outside notification area As of June 4, 2021: In Favor — 1 inside notification area _ — 0 outside notification area 0 In Opposition — 1 inside notification area — 0 outside notification area 0 Z Totaling 2.97% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 CG-2 'r i R 3-6 9 SP/74-0 Q 12 5 %ueJE'C 'PROAERfY 74 3 TO V y T7 v ' ad y�Q 17 V 4 V C G•2, d■ eA�S4 FI 1 CPQ .'1c 2 Feer 8pamentor•� �irviai CASE. 0621-02 ZONING & NOTICE AREA 4 y� Rr•+ uart ra.Mwk Rr.. ,-..-. t n mm M4.0+ C7 a.s r.,: i P610 wR.Rw u.eaw.o�.R.2 OM eft_ RF10 mgwp—GT 140 T 102 J.i Nua••- RN lMdIFF{MR t �' N'1wW_ RF{.L 2MO WFRRLT{f '.2 1 •,-- �^1arcY1 RFFF Tre-x{Mq e'1 Mw- -- - RF1i LMRWFMnLT 19 CR-z a _ RE ftm—t".E.W. CY`�at. CTYgi88iJ M. pp... _. .. tp Lplol wlPMMt t�G Gex•.:sn _. ..aul RrR w. ,•aaiu n6lb�e N Mab•' •" x M .rMr Y X,. .._� LOCATION MAI" i Staff Report Page 5 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 incaaoecid OL oue I n de astsfir a este'unto v cue n3qwere n ial e I vino 48 horas antes de la junta Ila mando k artamento de servicios de d n Ila al nurnero 361 826-3 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 uste+d desea drnAlrW_A Ja vymmisgryre dUrante 18 junta esu g2 I¢s es limitado, favor de hamar at deoartamento de servicios de desamatlo al nu r 1 - 4 I m 4 h nt de uri ra i r un crit rete ser Bente durante la iunta CIN PLANNING COMMISSION PUBLIC HEARING NOTICE (Rezoning Case No. 0621-02 Glenn Lyonll has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6°' Single-Family 6 District to the "ON" Neighborhood Offige C]sjrrict, not resulting in a change to the Future'Land Use Map.The property to be rezoned is described as; 5839 Williams Drive and described as Lots 20 and 21. Block 4, Gulfway Airline Baric Unit 1, located at the southeast corner of the intersection of Williams Drive and Braeswood drive,and east of South Staples Street_ The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification anchor Special Permit. Approval of a change of zoning. of inconsistent wrth 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 wil be held on Wednesday. June 9. 2021, during one of the Planning Commission's regular meetings, which begins at 634 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 BF ON RECORD, THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OwNimp ANd MAILED IN ITS 1,N?IRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277,CORPUS CHRISTI, TEXAS 78489 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 IiMar. Pnnted Name r r Address- Citytstate rc>7 1 I r• °W ( ) IN FAVOR (i-rN OPPOSITION Phone: J '3 7 q s1' REASON: 17 a Sig nature SEE MAP ON REVERW SQE Cane No ©621-02 INFOR Case No 21ZN10t9 Protea Manoger AWmw Dimas Prpperly Owrie'r tD 2 Email ... , Staff Report Page 6 Persons with d sabilities pianning to �j,!, rg, who may require special services, are re-quested to cortac', the Development Services Department at bast 48 hours in advance at 1361 g 826-3240 Pee-$cnas con inopacidadF-s. NNN gue fienen la intencibn de asistir a esta junta y cue requierer seTvicios especiales, sp les sulpka gue der) avis4_48 horas antes de la junta llarrando at deortamento de servicics de desarrollo,ainiqrrero,361�826,3240 If you wish to address the Commission during the meeting and your English is limited please call the Deveopment Services.Department at(M 1) 826-3240 at least 48 hours in advance to request an interpreter be present durng the meeting S usted desea dtirigirse a la commission durance L8 junta V 5u ingigs es limdaoofavor de Ilarnar at departamento,de servicios de de"Ficio al r xiero 3�lj BZ6-n,0 -at menps 48 horas antes desik-ItArr un injerprete serprg5enle durante la 'arta JI ii PLANNINO COMMISSION PUBLIC HEARING NOTICE Rezoning Case No, 0621-02 Glenn Lyons has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District, not resulting,in a change to the Future Land Use Map. The property to be rezoned is described as 5839 Wilflarns Drive and describer! as Lct3 20 and 241, Stock 4, Cu!f,.vay Airtme Park U,-.-.t 10, loca'ad at the southeast comer of the intersection of Williams Drive and Braeswood Drive,and east of South Staples Street The Planning Commission may recommend to City Council approval or denial or approval of an Intermediate zoning classification andfor Special Permit. Approval of a change of zoring 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, June 9, 2021, during one of the Planning Commissions regular meetings which begins at 5-.30-P in the City Council Chambers, 1201 Leopard Street. You are qnvited to attend this public hearing to express your views on this rezoning request For more information please call (361)826-3240 TO BF ON RECORD, THIS FORM NIJST BE FIL!-LD iJU!, SIi_4NLJ BY THF CURRENT FRCPERTY 01ANILRISi ANN WILE,) IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9271, CC)FoIUS CHRISTI, TEXAS 75409- 9271 ANY INFORMATION PROVIDED BEL OVO 13L UUML S PLAIL 10 RFC,,)RO NOTE in accordance with the Planning Commission By-Laws,no discussion shalt be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by folephant,call or by letter Printed Name Addres City/Staite:6"1� c lyr t,,4,- . T� FAVOR IN OPPOSITION Phone: 3 6 REASON: ti T Signature SEF PAAPCW RE IdERSE SOL Case No D621�02 INFORCase Nu 21ZN101E. Pro#Ki Manager Andrew Ouras Prowy Owrb&ID 19 Ernail �ngrS)gQ2QWqya*coir Zoning Case #0621 -02 Glenn Lyons Rezoning for a Property at 5839 Williams Drive From "RS-6" To "ON" 41, ,v r O Q a city council August 10, " . a 2021 Aerial Overview z � Tya SUBJECT V PROPERTY ON k1 2 Zoning Pattern and Adjacent Development oIWF N • . a ��� Ce-2 99 8 �0�1� q�677 SUBJECT [PROPERTY tv �� Q1�9:n IBM IBM hw CH4 4 High Density Medium Density Professional O Vacant O Residential Commercial O Residential O Office EA Government UDC Requirements #'uf C Buffer Yards: ON to RS-6: Type B: 10' & 10 pts. oR Setbacks: Street: 20 feet Side & Rear: 10 feet � e Parking: 1:150 Square feet .PROPERTYLandscaping, Screening, and Lighting Standards 1 0 w ',. Uses Allowed: Medical, Retail, Offices, Multifamily IF *Bars/Nightclubs Not Allowed in "ON" Public Notification CG , 19 Notices mailed inside 200' buffer 1 Notices mailed outside 200' buffer \ I sP sa o SMS 0 Notification Area G Opposed: 1 (2.97%) - Separate Opposed Owners: 1 SUBJEC PROPERTY In Favor: 1 (7.52%) o - O - oO Notified property owner's land in square feet/Total square footage of all property in me" yam. the notification area = ®mA� Percentage of public opposition G d R" 5 Planning Commission and Staff Recommendation Approval of the "ON" Neighborhood Office District Utilities Water: 8-inch C900 a 3 m Wastewater: SUBJECT 8-inch VCP PROPERTY s Gas: S6 " 6-inch Service Line Storm Water: Roadside ditches ue� w R s P/78-0 [ , r . SUB-- P B--cw T 2 fi(I O�P) { :r wi' , 'r dir 4 u Y ` CASE: 0621-0 rye Aerial with Subject Property CT o r 5ubieet Property x {� a k $i ih b trv* Map Heade: 1:1.200 [,'� � � N MAP so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 08/10/21 1852 Second Reading Ordinance for the City Council Meeting 08/17/21 DATE: June 11, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 2302 County Road 43 CAPTION: Zoning Case No. 0621-03, Mostaghasi Investment Trust: (District 3) Ordinance rezoning property at or near 2302 County Road 43 from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. SUMMARY: The purpose of the rezoning request is to allow for the construction of a single-family residential subdivision. BACKGROUND AND FINDINGS: The subject property totals 99.52 acres in size and is currently zoned "FR" Farm Rural District, consists of vacant property, and has remained since annexation in 2019. To the north, and west are properties outside of the City Limits and consist of vacant undeveloped land. To the south is another recently annexed property zoned "FR" Farm Rural District. To the east is Oso Creek. Conformity to City Policy The subject property is located within the boundaries of the London Area Development Plan and is planned for a medium density residential use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. An adjacent property to the south was also annexed and will be the second half of the proposed single-family residential subdivision. The preliminary plat, including the subject property, proposes a total of 989 single-family residences. A wastewater lift station is currently under construction to provide service to the subdivision. Public Input Process Number of Notices Mailed 1 within 200-foot notification area 1 outside notification area As of June 11, 2021: In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition ALTERNATIVES: 1. Denial of the zoning to the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: The Planning Commission recommended approval of the zoning to the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District on June 9, 2021. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0621-03, Mostaghasi Investment Trust: (District 3) Ordinance rezoning property at or near 2302 County Road 43 from the "FR" Farm Rural District to the "RS-6" Single-Family 6 District WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being a 99.517 acre tract of land being out of a 284.6048 acre tract of land, more or less, comprising the South one-half of Section No. Six (6) of the Laureles Farm Tracts, as surveyed by French and Haberer surveyors, and being out of a larger grant of land known as "EI Rincon de Corpus Christi Grant", as shown by map of said subdivision of record in Volume 3, Page 15 of the Map Records of Nueces County, Texas, as shown in Exhibit "A": from the "FR" Farm Rural District to the "RS-6" Single-Family 6 District The subject property is located at or near 2302 County Road 43. Exhibits A and B, which are the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. 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 7. This ordinance shall become effective upon publication. Page 2 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 6 Exhibit A STATE OF'tEXAS COUNTY OF NLIF.CFS field liole-N ILI f a 99517 nacre tr tct of lands heing out of a:2PA.6048 acre tract of I..ii.1 1. 1 tsr ess, comprising the South carte-lulf of 4cc[iurt No. Sir l6>of the L.aauri i s I arm Tr ,. s.-.\c,.l h- , I +: Ii and IIaLerer surveyurs, and beinc out of at latg,er Mart til'laaad�nov it m i I It ;. "1 1. . � .i Cit,ant" as Shawn by map of&I id suhiti%.is.ion o9record In Vtdurne 3, Paste 15 t I. Niaet:c:s C'onnty"1,xas Said 284,6048 acre trait also beim,described in the ' I : I r;., i-, 17xc i I A itl, Vendor's Lieut coil veying property from Benjiunin C.TWA c. IIi slid ►vitt^. % i rii.<r Daiecri I r it]k: Johii C Ttatnei as i:t of Jckt 1111 do-D7w t 11ment No. 211X1"_'02I iXl:of the f)tis utI F, 1 11, Rti;'er,ril, County, 1-cxas.and id ., n,efc l}.in. ,:icily°descinbcd as follows: C't11J%AI,N("IN6 at a iiiJ_ ir;,r 0117c Ir,,ind at dw coronion southivest rurnrr of the North one-half of Section?and the Soutll2 ski ,_orii,.rof thv North onc-hslfofSection 8 of tha l.aorcles Farm Tracts as shown by map recorded Ili Volume 3, Page I It of the Map Recoreis of Nucces County, I etas,said point also being located at the centerline of County Road 43,Nueccs County. Texas, fur the POINT OF COMMENCEMENT. "rNF.N('k'.,N Ile"48" 14- \V,a distance of 5282.27 feet alonr,the iceslerly boundary ol'the North one-half ol`Secticrta 7 and the Sooilt rime li;alt r,f ,w«ctiort 6 ofthe I.arareles F.,orti Trat!v:alyd the cernicrline ut'C'aurat) Rood 4 1. Nnec"Comity. Texas,to a 5,,'X inch dlamcter iron rod set at the common northwest erxner tit- tile ftote Strath one-half,of Section 6 and the southwesl comer o(the Norilt one-h,alf'of Section 6 cafdw Laurirles I`arm Tracts w,Nlioivn by nt:,p wcorded in Volume 3, V.gvc 15 ol'the \halt Records ofNucces Comm.TevILw, fiat tile: 110IN'l-OF HL61NN1\i;,and the nonh%vesl corner cif this tract: IIIAC.F, N 89" 1 1' 46" L.at 20-00 ii:e:t peLmin8 a 51 inch diameter iron rr.Kl set in the e;asierIN, right sot %pay lint of County Road 43,Nucces County°.'Texas,:along the coninton property line Ev viceti the North torte-half of section 6.and the South one-half of'Nection 6 of the I alaivies Farm Facts, in.r11 a distance o 3'8$._+?fem to a 'Sr'8 inch iron rod tint for the northeast corner til [his Itur[: TII[INC 17, S W 48' 14 F, a dislaoce of 203-20 fret to a 4'*Inch diameter iron rod srt firt all e.s:te hit, corner of this tract, TlILNC L. 248.110 feet along,a cit-ul,ar cti vc to the right,-said cure hoving a radion.of';541110 (cot,and,r chord hearing S 14"a3' 116- %A'.J dis[ance(I f-2144.37 1eef, to a °+'R inch diameter iron rod set leer all exterior comer o this tract: FI IENCE.S 30" t 4'26" W.a diswricc of a81 iib tett,to a 5;8 inch diameter iro" rod set for an ex(crior corner of this tract: I I U."v0—81.70 feet along a circular carie to the left. said curve having a radius tit'200.00 feet. acrd a bored heatriiag S 18" 3r' 17" Nh'.a distance of 81.V; feet,to a 5,'8 inch dictineter trine rLKI svl for;in omerior comer of thts tract THENCE.S 06" 50'07"W.a distance of t 96.23 tees to a V8 inch diameter iron rod set for an exterior comer of this tract; Page I of 2 Page 4 of 6 1-11i NCP. 114.76 feet along a circular curve to the left,said curare having a radius ot'2-00.00 tact, and as chord 1'a'earitig S 01Y' 36' 08" L.a distance of 11.319 feet,to as 5 It inch dianicter iron rod set for an cxterior curneroI'this tract: TIIFNC'F.S 26"02' 23"E.a distance of 44.67 feet to u V8 inch diameter iron rod seal for the southeast ctml, r tit`this tract; THrNCE,S Sal" 11'46"W,at 2472 92 feel paassnie a 5,19 inch diameter iron rod act an the catsteriy right- of-m-w, liras.ofC aunty Road 41,Nucccs C'ount%, 1 cx ts, in all a distance of 289".10' feet to a 51 inch inset rrxi set in the vvesterIN boundary Iine of South one-half of Sccti on 0 u f clic LatureIes I Arm TTa cts iukd the centerline ol'Courtt, paint 43.Nkrert N Carnot), Texas, for the soutlrswest corner ofthis tract. THENCE,N(l`48' 14"W.along the westerly houndary line of the South one-half of 5ccrion 6 of the I.atttelcs Farm Tracts and the centerline of C"tlunty Road 43.Nucces Cvurt�,. !t-r,r-. ;;distance tit' 1408.69 feet to the POINT OF BEGINNING.and contit,rring 44.517 acres of loam] r. 1 Nous: 1,) Bearings are based on Global Positioning System NAC?83?arae 4205 Datum 2.) A nwp c4equal date accornpanres this Mmes and Bounds devcription. 1.I'fv,l C. liatNden, .h_,Litt hereby certify that this surNe► of the propcaN, Ic-gal15 dc--scribed ltcrt;in w o;made on the ground this .10. day of lV1 wrr ti, 2021, said iti correct to dw best of my knowledge and belief. �t0 r. P�C Yom, lZ FRCU,C H;ati'Q71: 4486 0" Fred Fred C.Hayden,Jr.. RPLS No.4486 Pagc 2 of') Page 5 of 6 Exhibit B w34r 14I3 5ecnON r YIE BeW GRF AIM ACT LTC] 114N40M- Wt"r4 pcc 79f�1CbL195 DOC lw*0154:A} I 3.r itNCr ar.R.n c.T. . 4 4e � ftp u �•' 99.747 Aa,c •i ryS95re s s4.n. DX 2042wi9t'•is 0 GP.RN.C1. af Nr t w •ARM •'� rAMC2 + Sir a State of r'.-,,,•, Cou4ty of C�Lecrrr; e 4 Fret C. 1"tn, k., da her" Cer4ty ttul Its SLrVQVy of the property tooly desorlbed hapn ■os mode on the gaud 11we Q*daY r.f •?' YC��_- 2D_�(_ end h, cnrrorl to Ure be91 w +`A of rr•y krn-.ro,1 r;eirl9 rr"] p.�Al, aF i it ayEX 1-1.113 IT R ,,.;.}I++. SKC`TCHMETES Surveying, ,n,,. AND BOUT DS MTI DN 1,1V NH 19-3013 �t� i•,E:L 1 * LIF t STAPLES. SUITE 315 )t,Al_I_', 1`-940' .JPPLIy CHRISTI, TEXAS 78413 DATE" 03-30-214 ror. 1:.-P> 88, fAx, 361-991-44.34 DRK By RI CHK, BY FH Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No. 0621-03 INFOR No. 21ZN1021 Planning Commission Hearin Date: June 9, 2021 Owner: Mostaghasi Investment Trust Applicant: Mostaghasi Investment Trust ° Location Address: 2302 County Road 43 •� Legal Description: A 99.517 acre tract of land being out of a 284.6048 acre N tract of land, more or less, comprising the South one-half of Section No. Six (6) — °' of the Laureles Farm Tracts, as surveyed by French and Haberer surveyors, Qand being out of a larger grant of land known as "EI Rincon de Corpus Christi m Grant", as shown by map of said subdivision of record in Volume 3, Page 15 of the Map Records of Nueces County, Texas, located along the east side of County Road 43, west of Yorktown Boulevard, and south of Farm-to-Market Road 43. From: "FR" Farm Rural District To: "RS-4.5" Single-Family 4.5 District •Es Area: 99.52 acres N Purpose of Request: To allow for the construction of a single-family residential subdivision. Existing Zoning District Existing Future Land Use Land Use Medium Density Site "FR" Farm Rural District Vacant Residential and = Floodplain Conservation ca Medium Density N North "OCL" Outside City Limits Vacant Residential and 0 Floodplain Conservation Medium Density South "OCL" Outside City Limits Vacant Residential and Floodplain Conservation X W Medium Density East "RS-6" Single-Family 6 District Vacant Residential West "OCL" Outside City Limits Vacant Medium Density Residential Area Development Plan: The subject property is located within the boundaries 06 u, of the London Area Development Plan and is planned for a Medium Density o Residential and Floodplain Conservation area. The proposed rezoning to the 2 "RS-4.5" Single-Family 4.5 District is consistent with the adopted a o Comprehensive Plan (Plan CC). Q City Council District: 3 Zoning Violations: None Staff Report Page 2 ° Transportation and Circulation: The subject property has approximately 1 ,408 feet of street frontage County Road 43 which is designated as a "A2" ° Secondary Arterial Street. According to the Urban Transportation Plan, "A2" a N Secondary Arterial Streets can convey a capacity between 20,000 and 32,000 L Average Daily Trips (ADT). Street Urban Transportation Proposed Existing Traffic � Plan Type Section Section Volume }' 0County 100' ROW U) d "A2" Secondary Arterial Not Built N/A Road 43 54 paved Staff Summary: Development Plan: The subject property is 99.52 acres in size. The applicant is proposing a large single-family residential subdivision. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District, consists of vacant land, and has remained since annexation in 2019. To the north, and west are properties outside of the City Limits and consist of vacant undeveloped land. To the south is another recently annexed property zoned "FR" Farm Rural District. To the east is Oso Creek. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 48-inch CSCP line located along County Road 43. Wastewater: Not yet available. A wastewater lift station is under construction which can service up to 600 single-family homes. Gas: Not Available Storm Water: Not Available Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the London Area Development Plan and is planned for Medium Density Residential and Floodplain Conservation uses. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 3 • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Promote new commercial, retail, and residential development while maintaining a tight-knit community character. (London ADP Policy Statement 2). • Encourage the development of small commercial nodes throughout the London Area to help reduce vehicular trips and to provide convenience to its residents. (London ADP Policy Statement 2). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. • An adjacent property to the south was also annexed and will be the second half of the proposed single-family residential subdivision. The preliminary plat, including the subject property, proposes a total of 989 single-family residences. • A wastewater lift station is currently under construction to provide service to the subdivision. Planning Commission and Staff Recommendation (June 9, 2021): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single- Family 4.5 District. Number of Notices Mailed — 1 within 200-foot notification area. 1 outside notification area As of June 4, 2021: In Favor — 0 inside notification area _ — 0 outside notification area 0 In Opposition — 0 inside notification area — 0 outside notification area 0 Z Totaling 0.00% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 CC <G W - a R S-4. ;IP1/OPERTY, ON �! xl r CR 22 FR amr mrw:SWIM 0 Iso t, ='rW ft.qyR Fpp; l7.pa�vwrzaTDw'�Ioryeanr3w�prt CASE: 0621-43 SUBJECT PROPERTY WITH ZONING LSubject l 1A prowy PRO PIEFIT �-" Mve.w+vib+ rE Lg•t,nnWbM RE r.rr..lb E W.W Ya.two , FM'3 ..rr..r.rs 'uo .r...a umt e.a 0—my ._S on mm..r.MU.r.. MIS sno�+Fr67a r. VA AT Y. a.rC AT r.• F+fie-i.."a CN-1 W obowrw.a C®... -c rWr rr.y c F,�•-v.wof. Amita crr lad p ON:, rN geaw'b.a C.wpr.l.l qs.r• ro-;..=.+,ue -- cw -rc co•, o..«rc r tts iH iJA ,A rr�ue ? ..rn. W fv Cfiitpr.l voomis PEI 1 C nyaf cm- PM FLocarranr MAP Zoning Case #0621 -03 Mostaghasi Investment Trust Rezoning for a Property at 2302 County Road 43 From "FR" To "RS-4.5" O � t g � oa Qo g 0 SUBJECPROPIERW Q City Council August 10, 2021 ^O A ....�:.. � b Zoning Pattern and Adjacent Development i0 1 0 Was QO-4o5 1063 M-6 FR j 1983 CLQ 2@19 ��� Public Notification 1 Notices mailed inside 200' buffer N =_ 1 Notices mailed outside 200' buffer I -� R554.5 Notification Area P Opposed: 0 (0.00%) Separate Opposed Owners: 0 PROPERTY In Favor: 0 (0.00%) CR 22 Notified property owner's land in square feet/Total square footage of all property in R the notification area = Percentage of public opposition Planning Commission and Staff Recommendation Approval of the "RS-4.5" Single-Family 4.5 District h p; I" . w " m ._ � •., °u`°*^,- � ,Pim Nx-�. m5;°` .s '�: CASE: x 621-0 +a Aerial with Subject Property Sataect - 5UBJL�c-r• PRO RT Pmperfy s t Map Scale: f:10,000 ICity of L L. d�lJ'�'YHChrIffd so �o o� A PH v AGENDA MEMORANDUM WoRPORP�g4 First Reading Ordinance for August 10, 2021 1852 Second Reading Ordinance for August 17, 2021 DATE: July 12, 2021 TO: Mayor & City Council FROM: Rebecca L. Huerta, City Secretary RebeccaH Ca)-cctexas.com 361-826-3105 Ordinance Adopting Procedure to Terminate Inactive Campaign Treasurer Appointments CAPTION: Ordinance adopting the procedure to terminate the campaign treasurer appointment of an inactive candidate or inactive specific-purpose political committee in accordance with Texas Election Code Section 252.0131; and amending the City Code of Ordinances, Chapter 2, Administration, with addition of new Section 2-7. SUMMARY: Candidates for mayor and city council and specific-purpose political committees are required to file campaign treasurer appointments with the City Secretary (Sections 252.005(3) and 252.006, 252.007(3), Texas Election Code, respectively). Pursuant to Section 252.011(b), Texas Election Code, a campaign treasurer appointment continues in effect until terminated. To terminate a campaign treasurer appointment, a candidate must file a final report; a specific-purpose political committee must notify the filing authority, in writing, of the termination or file a dissolution report. Currently, the City Secretary's Office has on file numerous campaign treasurer appointments for inactive candidates and specific-purpose political committees for which neither a final report nor a written termination or dissolution report have been filed, respectively. Maintaining these inactive records places an administrative burden on the City Secretary's Office. The Texas Election Code sets out a process by which such campaign treasurer appointments may be terminated, which requires a vote of the City Council in a regularly scheduled city council meeting. This proposed Ordinance defines the procedure by which the campaign treasurer appointments of inactive candidates and specific-purpose political committees may be terminated. BACKGROUND AND FINDINGS: Before campaign contributions may be accepted or campaign expenditures may be made by a candidate or specific-purpose political committee, a campaign treasurer appointment must be filed. If a candidate is seeking an office of a political subdivision other than a county, the appropriate filing authority for the campaign treasurer appointment is the clerk or secretary of the governing body of the political subdivision. If a specific-purpose political committee that supports, opposes, or assists a candidate for or holder of an office of a political subdivision other than a county or that supports or opposes a measure to be submitted at an election ordered by an authority of a political subdivision other than a county, the appropriate filing authority for the campaign treasurer appointment is the clerk or secretary of the governing body of the political subdivision. Section 252.0131 of the Texas Election Code provides that the governing body of a political subdivision, by ordinance or order, may adopt a process by which the clerk or secretary, as applicable, of the political subdivision may terminate the campaign treasurer appointment of an inactive candidate or specific-purpose political committee that is required to file a campaign treasurer appointment with the clerk or secretary. ALTERNATIVES: Should the City Council decide to not approve the Ordinance, the campaign treasurer appointments for inactive candidates and specific-purpose political committees will remain on file in the City Secretary's Office. FINANCIAL IMPACT: None Funding Detail: N/A Fund: 1020 Organization/Activity: 10020 Mission Element: 714 Project # (CIP Only): Account: RECOMMENDATION: Approve the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance adopting the procedure to terminate the campaign treasurer appointment of an inactive candidate or inactive specific-purpose political committee in accordance with Texas Election Code Section 252.0131; and amending the City Code of Ordinances, Chapter 2, Administration, with addition of new Section 2-7. Whereas, Texas Election Code Chapter 252 requires candidates and political committees to file record of the appointment of a campaign treasurer with the appropriate filing authority; Whereas, Texas Election Code 252.014 requires the authority with whom a campaign treasurer appointment is filed shall preserve the treasurer appointment record for two years after the date the appointment is terminated; Whereas, Texas Election Code 254.065 and 254.125 provide that a campaign treasurer appointment is officially terminated upon the filing of a final campaign report however not all candidates/committees have consistently filed final reports; Whereas, in 2005, pursuant to HB 1863, the Texas Election Code Section 252.0131 was amended to provide that the governing body of a political subdivision by ordinance or order may adopt a process by which the clerk or secretary, as applicable, of the political subdivision may terminate the campaign treasurer appointment of an inactive candidate or political committee; Whereas, stated Legislative Intent for HB 1863 was to address administrative burden placed upon local governments required to maintain these records of campaign treasurer appointments of inactive candidates and inactive political action committees; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Code of Ordinances, Chapter 2, Administration, is amended with addition of new Section 2-7 by which the City Council may terminate the campaign treasurer appointment of an inactive candidate or inactive specific-purpose political committee, new Section 2-7 to read as follows: 2-7 Authority to terminate campaign treasurer appointment of inactive candidate and inactive specific purpose political committee. (a) For purposes of this Ordinance, a candidate becomes "inactive" if the candidate files a campaign treasurer appointment with the City Secretary as required by Texas Election Code Section 252.005 as amended, and more than two years has lapsed since the candidate has filed any required campaign finance reports with the City Secretary. (b) For purposes of this Ordinance, a specific-purpose political committee becomes "inactive" if the specific-purpose political committee files a campaign treasurer appointment with the City Secretary as required by Texas Election Code Section 252.006 or 252.007 as amended, and more than two years has lapsed since the campaign treasurer of the specific purpose political committee has filed any required campaign finance reports with the City Secretary. (c) This Ordinance does not apply to a candidate who has been elected to the office of mayor or city council member of the City of Corpus Christi, Texas. (d) Before the termination of a campaign treasurer appointment, the City Council must consider the proposed termination in a regularly scheduled city council meeting. (e) Before the City Council may consider termination of a campaign treasurer appointment under this Ordinance and Section 252.0131, Texas Election Code, the City Secretary shall send written notice to the affected candidate or specific-purpose political committee. (f) The written notice required in subsection (e) must be given at least fourteen (14) calendar days before the date of the meeting at which the City Council will consider the termination of a campaign treasurer appointment and must include: (1) the date, time, and place of the meeting; (2) a statement of the City Council's intention to consider termination of the campaign treasurer appointment; (3) a reference to the particular sections of the statutes and the Ordinance that give the City Council the authority to consider the termination of a campaign treasurer appointment; and (4) the effect of termination of a campaign treasurer appointment. (g) The termination of a candidate's or specific-purpose political committee's campaign treasurer appointment under this Ordinance and Section 252.0131, Texas Election Code, takes effect on the thirtieth (30th) calendar day after the date of the meeting at which the City Council votes to terminate the campaign treasurer appointment. (h) Following the meeting at which the City Council votes to terminate the campaign treasurer appointment in accordance with this Ordinance, the City Secretary shall promptly notify the affected candidate or specific-purpose political committee that the campaign treasurer appointment has been terminated. The notice must state the effective date of the termination. SECTION 2. This Ordinance takes effect upon publication. That the foregoing ordinance was read for the first time and passed to its second reading on this, the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy A. Lerma That the foregoing ordinance was read for the second time and passed finally on this, the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy A. Lerma PASSED AND APPROVED on this, the day of 2021. ATTEST: Rebecca L. Huerta Paulette M. Guajardo City Secretary Mayor so �o o� A H AGENDA MEMORANDUM First Reading for the City Council Meeting of August 10, 2021 WoRPORPg4 1852 Second Reading for the City Council Meeting of August 17, 2021 DATE: August 10, 2021 TO: Mayor and City Council FROM: Eyvon McHaney, Director of Human Resources Eyvo n M c(a-)-cctexas.com (361) 826-3979 Ordinance amending Corpus Christi Code Chapter 2, Article III to update City Departments and functions; Section 2-50 is repealed with language incorporated into Section 2-51 (b); and amending Corpus Christi Code Chapter 39 to clarify payment of sick and vacation leave upon termination, retirement, or death. CAPTION: Ordinance amending Corpus Christi Code Chapter 2, Article III to update City departments and functions; and amending Corpus Christi Code Chapter 39 to clarify payment of sick and vacation leave upon termination, retirement, or death. SUMMARY: Staff recommended updates to Sections 1 through 6 of this Ordinance that will align the Corpus Christi Code with changes that have occurred in City departments' names, functions, and structures, and incorporate the new position titles introduced into the City's executive management structure over the last few years. The updates also will improve the accuracy and cohesiveness of the ordinance language. Further, Sections 7 through 10 clarify and simplify Code language regarding the final payout of sick and vacation leave at termination, retirement, or death of employees, remove duplicative retirement eligibility terminology, and refer to the Texas Estates Code for payouts to eligible deceased employees. BACKGROUND AND FINDINGS: In 1983, Corpus Christi Code Section 2-51 identified departments and divisions of the City as they existed in 1983. Since the initial adoption, numerous departments, divisions, and offices have been created, had functions modified, or are no longer in existence. Sec 2-51 has not had a comprehensive update since its initial adoption. This ordinance will align the Corpus Christi Code with changes that have occurred in department names, functions, and structure. The ordinance also expands § 2-52 rulemaking to include the new titles of Chief of Staff, Chief Financial Officer, and Chief Operating Officers in addition to Assistant City Managers and all department and division heads previously named in the original ordinance from 1983. Section 2-50 provides that the organizational chart adopted with the budget governs lines of authority for the departments, divisions, and offices. Section 2-50 is being repealed because similar clarifying language is incorporated into the new Section 2-51 (b) of this ordinance. Sections 2-53 and 2-54 are only being updated to include the inclusion of"offices" along with departments and divisions. Sections 7 and 8 present changes to Corpus Christi Code sections 39-331 and 39-339, Plan I Employee payment of vacation leave and sick leave upon termination, retirement, or death.These two sections were developed through a series of ordinance amendments between 1988 and 2008, resulting in language that can be challenging to read or interpret. This ordinance clarifies the language making it consistent with current practices and interpretations. Furthermore, Sections 7 through 10 of the Ordinance amend Corpus Christi Code language to exclude redundant Texas Municipal Retirement System (TMRS) retirement eligibility language. These sections all currently state that leave payouts at death would be paid out to the employee's designated beneficiary. This ordinance amendment presents modifications to change these sections to follow the Texas Estates Code to comply with Texas Probate law. ALTERNATIVES: The alternative is not to update these Sections and let the City Code remain as is. FISCAL IMPACT: This change will not result in any costs to the City. RECOMMENDATION: City Staff recommends approving these ordinance amendments in order to update department and executive structure, more clearly communicate payout of sick and vacation leave, and make more concise the TMRS retirement eligibility language with the Corpus Christi Code. LIST OF SUPPORTING DOCUMENTS: Ordinances Ordinance amending Corpus Christi Code Chapter 2, Article III to update City Departments and functions; and amending Corpus Christi Code Chapter 39 to clarify payment of sick and vacation leave upon termination, retirement, or death. Whereas, under City Charter, Article IV, Section 1, the City Council establishes city departments, offices, or agencies in addition to those created by City Charter; Whereas, the proposed amendments to Corpus Christi Code Chapter 2, Article III updates City Departments and functions; Whereas, effective July 19, 1988, Ordinance # 020392 reduced payment of sick leave upon certain terminations for Plan 1 Employees (employees hired after August 1, 1988) from 90 days to a two for one basis for the equivalent up to 45 days; Whereas, effective July 29, 2002, Ordinance # 024968, in relation to sick leave payment, converted 90 days and 45 days to hours; Whereas, effective July 22, 2008, Ordinance#027778 made part-time employees eligible for payment of sick leave upon certain terminations; Whereas, effective February 1, 2010, Ordinance #028468 removed sick leave benefits from part-time employees; Whereas, multiple ordinance amendments have made Corpus Christi Code Section 39- 339 challenging to read; Whereas, this ordinance clarifies payment of sick leave upon certain terminations for Plan 1 consistent with Ordinance #020392, Ordinance #027778, current and past practices and interpretations; Whereas, the following language in Sec. 39-339 & 39-355, "(2) disability or service retirement; (3) at age 60 upon completion of a minimum of five years of continuous service" is redundant and falls under eligibility for retirement under requirements of the Texas Municipal Retirement System (TMRS) Act; Whereas, Texas probate law addresses payment of salary to a deceased employee; Whereas, City Council finds and declares no part of Chapter 39 of the Corpus Christi Code creates a contractual obligation, and City employees are employed at will. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1.The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. Corpus Christi Code Chapter 2, Article III, Section 50 - Organization and structure is repealed. SECTION 3. Corpus Christi Code Chapter 2, Article III, Section 51 - Administrative functions is repealed and replaced as follows: 1 Sec. 2-51. — Departments and Offices. (a) City Council establishes the following departments and offices: (1) Airport Department. A department that provides for the operation of the facilities for commercial and general aviation; and the development and operation of the international airport and its environs. (2) Asset Management Department. A department that provides for maintenance of all City buildings, City vehicles equipment, and radios; and operation of the service center. (3) City Auditor. Under the direction and supervision of the City Auditor, a department that provides assurance to the City Council that management has established an effective system of internal control. (4) Mayor's Office and City Council Offices. An office that provides services to the Mayor, citizens, City staff, and visitors. (5) City Manager. An office that provides leadership of city administration; advises the City Council on policy matters; manages city operations; and promotes relationships with the community. (6) City Secretary. Under the direction and supervision of the City Secretary, a department that provides staff support to the City Council; preserves and provides public access to the City's official records; acts as Parliamentarian for all meetings of the City Council and their corporations; coordinates municipal elections; facilitates the legislative process; and coordinates Council appointments to boards and commissions. (7) Communications and Intergovernmental Relations Department. A department that informs the public and employees about City programs, policies, events, and incidents; and provides advocacy, outreach, and proactive participation in the political process. (8) Corpus Christi — Nueces County Public Health District. A public health district that provides for the operation and promotion of local public health programs within the framework of the cooperative agreement between the City and Nueces County. (9) Development Services Department. A department that provides for the facilitation of development within the City including administration of the building, development, and zoning codes. 2 (10) Engineering Services Department. A department that provides for the management and implementation of the City's capital improvement program. (11) Finance and Business Analysis Department. A department that provides for accounting, treasury, purchasing, taxation, and collection of various city revenues; and facilitation of economic development. (12) Fire Department. A department that provides for the prevention and extinguishment of fires; coordination with rural fire prevention districts; and the provision of emergency medical services. (13) Gas Department. A department that provides for the development, maintenance, and operation of a gas utility system. (14) Human Resources Department. A department that provides personnel support services to all operating departments; administration of salaries, group insurance, and retirement programs; and administration of employment and training services. (15) Information Technology Department. A department that provides for assisting City Departments in meeting their computer and technology requirements. (16) Legal Department. A department that provides legal advice and counsel to the city council, city manager, and the various entities included with the city administration; approving the form of all ordinances, contracts, and other documents; and providing legal representation for the City in the courts. (17) Library Department. A department that provides for the operation of the main public library and the various branch libraries. (18) Municipal Court Administration Department. A department that provides administrative and safety services in support of the municipal court judicial department and police department. (19) Municipal Court Judicial. Under the direction and supervision of the Presiding Municipal Court Judge, a department that presides over criminal and civil matters within the Municipal Court jurisdiction and other magistrate duties as authorized by law. 3 (20) Neighborhood Service Department. A department that provides for code compliance; animal care services; and provides information, connections to assistance, administration of funding, and monitoring of grant programs. (21) Office of Management and Budget. An office that provides assistance to City departments in the creation and compliance of adopted budgets. (22) Parks and Recreation Department. A department that provides for the development and operation of parks, golf courses, recreation centers, and the city marina. (23) Planning Department. A department that provides for development of the City's Comprehensive Plan. (24) Police Department. A department that provides for the prevention and investigation of crime, the apprehension of suspected criminals, and the enforcement of traffic laws. (25) Public Works Department. A department that provides for the planning, development, and maintenance of all City street and stormwater systems. (26) Solid Waste Services Department. A department that provides for municipal solid waste collection and disposal activities. (27) Strategic Planning & Innovation Office. An office that provides assistance to departments in achieving continuous improvement and efficient operations. (28) Water &Wastewater System Department. A department that provides for the development, maintenance and operation of the City's water supply and distribution system; and the development, maintenance, and operation of the City's wastewater utility system. (b) Unless otherwise provided in the city charter or this article, all departments, divisions, and offices are under the direction and supervision of the City Manager. The control, supervision, and lines of authority for the departments, divisions, and offices established in this article shall be structured according to the organizational chart approved by the city council with the annual budget of the city as the same may be amended from time to time during the fiscal year. Subject to the control and supervision of the city manager in all matters, the chief of staff, chief financial officer, chief operating officers, assistant city managers, and respective department and division heads shall manage the areas of responsibility assigned to them in accordance with the approved organizational chart. 4 SECTION 4. Corpus Christi Code, Chapter 2, Section 52 Rule-making is amended as follows: Sec. 2-52 Rulemaking The chief of staff, chief financial officer, chief operating officers, assistant city managers and all department and division heads shall have the authority to promulgate rules and regulations necessary or advisable for the enforcement of the policies determined by the city council and this Code of Ordinances, subject to the approval of the city manager. Every rule or regulation issued shall be described in writing and filed with the city secretary as a public record, and all persons shall be charged with notice of the contents of same. SECTION 5. Corpus Christi Code, Chapter 2, Section 53 Titles and authority, is amended as follows: Sec. 2-53 Titles and authority Any titles such as "superintendent," "director", or "head" as used in this Code of Ordinances in reference to any department, division, office, or activity shall be construed to mean the city manager or the person designated by the city manager to be responsible for that department, division or activity, and all powers and authority granted in this Code of Ordinances to such persons shall be exercised by the city manager or his designate. SECTION 6. Corpus Christi Code, Chapter 2, Section 54 Departments and divisions, is amended as follows: Sec. 2-54 DepartmentsLa+W-divisions, and offices. Use of the terms "department"s.. "division", and "office" throughout this Code of Ordinances shall not be construed as a distinction of significance, and the titles for "department" "division", and "office" created in this article may be modified from time to time in accordance with the administrative structure established by the organizational chart as adopted by the city council. SECTION 7. Corpus Christi Code, Chapter 39, Section 331 Plan I payment of accrued vacation leave upon termination, retirement, or death is amended as follows: Sec. 39-331. - Plan I payment of accrued vacation leave upon termination, retirement, or death. (a)No more than tvVe "- rd-rod- f^r+„ (2403 hours Ar if hasp "^, te,rare less +"�^ f„i-+„ (49) "„ si rs peF week, „n a rr„ra+ed bac of accumulated vacation credit will be paid to a Plan I employee, except for airport public safety officers who work shifts of tWeRty (24 hours on and fGFty (48 hours off, Ar er upon termination, retirement, or death. No vacation credit shall be paid at termination unless the employee has been employed for period of time in excess of {12 months. 5 (b)No more than throe h---Pd—red sixty (360} hours 9r if base he6 6rs are less fort„ (40) he6 6rs per week 9n a 9rerated basis of accumulated vacation credit will be paid to an airport public safety officer,who works shifts of tWe9ty fe6 6r (24} hours on and f 483 hours off, 9r his/her 19e9efigiaFy upon termination, retirement, or death. No vacation credit shall be paid at termination unless the employee has been employed for a period in excess of twelve (124 months. SECTION 8. Corpus Christi Code, Chapter 39, Section 339 Plan I payment of sick leave upon termination, is amended as follows: Sec. 39-339. - Plan I payment of sick leave upon termor retirement or death. DlA.R 1 e r'Gee 966th the evreptieri of airpnrt Pi ihlin Safety effinerc Whe werL ;hif s 9f tWeRt y f96 6r (24) h96 6rs 9r1 aril•! f9rty eight (49) h96 6rs 9ff Wh9 termlr AUMS d-1-1499 t9 an i 9f the f9119\enng r9nrliti9ns' Will he eligible fnr payment 9f 6 6r� to seV h1 r•I 6nrer•1 6 tWenty (729 h96rs 9f arg6 6m66lated sink leave credit' 9r if base h96 6rs are 14-91-36 ar�thfert y (49) h96 6rs Per Week, r1 9a ereratead basis that gars he nashead it fer the eg6 6iValent 9f 61P t9 three h'-'Pdrerl sivty (360) 1196IFS, `•'f9r if Kase h96—IFS are,{ the le}�s,,s, than fort y (i(40) he6 6rspa per week, OR�-borated basis,�uthe the Gi el9" � Ia 9r lacy 9r he6 6rhi ra • (4\ h eligible fer retired mer't e+��pee s�st��vrr Asa te�6�ep e„rQJerTr eqe'r eMepts-of-t�xTcevuasrM66rrirnripal RccetrirTe.mK-QPrt System rgt (T-MRS)• (2) �te disability or ssearvi�rvcTetir( Meet; (3)aat arcJs sixty (60) 6 6r�nn rnmr�letinn of a rR.R.m6 6m 9f fide (5) YeaFG Gff GGRtT� s 6R6 �e�-` G 9r (4) 6 6r�9r, death With payMeR� tlti , �ma�tA- the pn r19ee6s des6gNatead hepefiniaFy. (a) A Plan I employee may cash in up to 720 hours accrued sick leave at the rate of 50 percent of the employee's last monthly salary or hourly rate upon termination due to retirement under requirements of the Texas Municipal Retirement System (TMRS) Act or due to death. Payment of sick leave due to death will be paid in accordance with the Texas Estates Code. (h\ Rag 1 aireer 6 6h1i9 f 9ffig n,h9 erL shifts -,f t,n ty f96 6r / \ h96 6r 9 ta��pvrt�smrtcsarety'--�zmcers��rnv�c"'vnr-y,.,;rca�rcw'el�ry-,�zn--�z ,-rrvcrrs-o,-r arid. forty ht (49) h966rs#,vAG U-QFrM;;ate �e—te aRY 9f �ifGllGW6r,g c6--rvr�c��. �r-�v�--rrv6ar —arry--cry *c�vr^g rnnr•litinns Will he eligible fnr payment 9f 61P t9 9ne th96 6sand eighty (1,080) h96 6rs , of angio 6m6 6latel•! sin* Iernie nreadit that nary he gas her•! it fpr the eg6 6iyale Rt of up to five h---Pc Fedfems;5^nvT9)-hGur at the rateef the eampleyee's last meRth1y salary 9r he6 6rly rote: (1)When eligible fnr retirement 6 6nrder regio 6irements 9f the Texas MHROgipal Ret�r�MeRt System AGt (T-MRS); (2) r•166e ��i�hility 9r service m�rparr'c TTTGTTVY �1 C�T� '� TetT +rc�e+�+rata sixty (60) 61PGR n9mr�1eti9rR 9f a m191m6 6m 9f fide (5) dears of r t6T6�n 6�6s SeFV!Ge; OF (4) 6 6pen death vVithpayn;ept MR-Rd-e-t8 the a r,ln„ee� rJesignaterJ henefigiari (b) A Plan I airport public safety officer who works shifts of 24 hours on and 48 hours off may cash in up to 1,080 hours accrued sick leave at the rate of 50 percent of the employee's last monthly salary or hourly rate upon termination due to retirement under requirements of the Texas Municipal Retirement System (TMRS) Act or due to death. Payment of sick leave due to death will be paid in accordance with the Texas Estates Code. 6 SECTION 9. Corpus Christi Code, Chapter 39, Section 348 Plan II payment of vacation leave upon termination is amended as follows: Sec. 39-348. - Plan II payment of vacation leave upon termination, retirement, or death. Plan II employees vVhe hrnio h-eeR orvmPIGYe d by the Git y fer a miRim im of bqp-'� a /17\ mnmG cry will receive up to240}working hours of accrued vacation paid to the employee upon termination, except that all accrued vacation shall be paid to Plan II employees upon termination due to retirement under requirements of the Texas Municipal Retirement System (TMRS) Act or due to death. Payment of vacation leave due to death will be paid in accordance with the Texas Estates Code. ervnrrcir hoRofini-Aria& WheR an i Gf the fGIIGWiRg PFGViciGRs appl yr /1\ empleyee is eligible fGF Cd6" QeGc�rnr+y;eg6ilatfeRG; (3) eM, levee is age siAy (60) 61PG R GGMPIetiGR Af A �.A.Mum r,f fide /F\ YeaFs--ef vrnTtpiiv616 SeFV!Ge; GF (l With ee's rlo.R4h 0 pay'-cmea aRrde tG- thte PIGYee'c deSigRated beRefiGiaFy. SECTION 10. Corpus Christi Code, Chapter 39, Section 355 Plan II payment of sick leave upon termination is amended as follows: Sec. 39-355. - Plan II payment of sick leave upon termipatiep retirement or death. DIan II eR;P'GyeeS VAG 4orminaR4o rd6le 4n GIRY of the fGIIG iRg GGRditinns Will he paip HP tie se�de�l w ed tweRty (7rz'29\�-hhG61F fs-of cccuc� ed- s+G Cleave, if aR�� .�heR fe .Ffrel'l;L-Qpt�+N/ rtl..�"fireTu.CTi n��ni�T�T�TRetireMeR System AG (TMz� empleyoo takes Aa copnno Ar ryJ;i,.s�hility FetmFervmiQpt it ArrArrl�r�no w0th T54RR �+ r!/ter C�ni�l ci i��pd�iullHrR'Gj (3) eMPIG ee isage civ+„ (69) Gr GIdeF i 1PGR GeMPT&tfen of a minimi im of fide (F) years of serViGe; Or (4) i 1POR Payor f nh rr�� -Annri i� L leave, if GIRY Shall ho ;4 4ho RUA Af the-;;Pd- eMPIGpee'c MA-Rthly calami 9r he irhi rata fir GIR e9 iiyale t PeFiGGI A Plan II employee may cash in up to 720 hours accrued sick leave at the rate of the employee's last monthly salary or hourly rate upon termination due to retirement under requirements of the Texas Municipal Retirement System (TMRS) Act or due to death. Payment of sick leave due to death will be paid in accordance with the Texas Estates Code. SECTION 11. 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. 7 SECTION 12. This ordinance takes effect upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 8 0 v AGENDA MEMORANDUM First Reading Item for the City Council Meeting of August 10, 2021 NOflPORAS E 1852 Second Reading Item for the City Council Meeting of August 17, 2021 DATE: August 10, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Kevin Smith, Director of Aviation kevi ns4(a)-cctexas.com (361) 289-0171 X1213 Heather Hulbert heatherh3(a)-cctexas.com (361) 826-3227 Grant Acceptance and Construction Contract Award Corpus Christi International Airport Rehabilitate Runway 13-31, Taxiway B, and Associated Improvements CAPTION: Ordinance appropriating Airport Grant#62 in an amount of$3,310,001.00 from the United States Department of Transportation-Federal Aviation Administration to the Airport CIP Grants Fund, amending the FY 2021 Capital Budget, and awarding a construction contract in an amount of $2,625,000.00 to Bay Ltd., Corpus Christi, Texas, for the Corpus Christi International Airport Rehabilitate Runway 13-31, Taxiway B, and Associated Improvements, with FY 2021 funding available from the Airport CIP Grants Fund. SUMMARY: This ordinance authorizes a construction contract to provide construction services for the Corpus Christi International Airport (CCIA) Rehabilitate Runway 13-31, Taxiway B, & Associated Improvements Project. This project will address ongoing airfield pavement rehabilitation at CCIA with construction completed in a phased approach. This project is funded at 100% by the Federal Aviation Administration (FAA). BACKGROUND AND FINDINGS: The CCIA is owned, operated, and maintained by the City of Corpus Christi and located in Nueces County, Texas. The existing runway configuration at CCIA includes two runways. Runway 13-31 is oriented to the northwest-southeast and serves as the primary runway; it is 7,508 feet long and 150 feet wide. Runway 18-36 serves as the crosswind runway and is 6,080 feet long and 150 feet wide. CCIA enplanes more than 360,000 passengers annually and experiences over 100,000 annual aircraft operations each year. The existing airfield pavement is Asphalt. For parallel Taxiway B, the pavement is currently witnessing severe surface distress with cracking that warrants a mill and overlay. The remainder of the pavement in the scope of work will receive crack seal and a seal coat. This type of deterioration creates a high potential for generating "foreign object debris" (FOD). FOD can cause damage to the aircraft when it enters engines or gets propelled at high velocities by aircraft engine exhaust or propeller speed. The pavement cracking allows water penetration into the base and subgrade, accelerating structural degradation of pavement. This project is proposed for the Fiscal Year 2022 CCIA Capital Improvement Program (CIP), but will be accelerated by a couple of months to ensure eligibility to receive 100% funding by the FAA. The final grant award from the FAA will be based on the low-bid amount, not the estimate. This does not change the amount of annual funding entitlements that the airport receives. The FAA had set aside some additional discretionary funds for this specific project only, in the case the bids were to come in closer to the estimate. PROJECT SCOPE: The base bid of this project includes the rehabilitation of Runway 13-31 and connectors, Taxiways B, D, E, F, H, G, J, and K. Taxiway B will receive a two-inch mill and asphalt Pavement overlay for the entire width of the pavement. At the connectors to Runway 13-31, the scope will include a mill and asphalt Pavement overlay at the hold position markings. Runway 13-31 will receive rubber removal, crack seal, and seal coat. The remaining taxiways within the scope of work will receive a crack seal and seal coat. All pavements within the project scope will receive new pavement markings meeting the FAA requirements. There are two additive alternates included with the project. If awarded, they will rehabilitate Taxiways D, E, F, G, H, J, and K. Pavements within the limits of Additive Alternates will receive the crack seal, seal coat, and new pavement markings. Base Bid Summary: • The project will consist of the following: o Runway 13-31: rubber removal, crack seal, seal coat, and pavement markings o Runway 13-31 connectors: two-inch Mill and asphalt pavement overlay at hold position markings, crack seal, seal coat, and pavement markings o Taxiway B: two-inch mill and HMAC pavement overlay, seal coat, and pavement markings Additive Alternate Summary: • Additive Alternate I will consist of the following: o Taxiways: D, E, F, and H: crack seal, seal coat, and pavement markings • Additive Alternate II will consist of the following: o Taxiways: F, G, J, and K: crack seal, seal coat, and pavement markings PROJECT TIMELINE: 2021 2022 : M J J A S O N D J BID/AWARD CONSTRUCTION Project Schedule reflects City Council award in August 2021 with anticipated completion in January 2022. COMPETITIVE SOLICITATION PROCESS: The Contracts and Procurement Department issued a Request for Bids on May 24, 2021. On June 24, 2021, the City received bids from two bidders. The City analyzed the bids in accordance with the contract documents and determined that Bay Ltd., Corpus Christi, Texas was the lowest responsive and responsible bidder. A summary of the bids is provided below: BID SUMMARY Bay Ltd. Head Inc. *Engineer's Estimate Base Bid $2,444,360.00 $2,855,630.02 $4,870,000.00 Additive Alternate #1 $97,840.00 $109,658.20 $156,000.00 Additive Alternate #2 $82,800.00 $103,560.00 $215,500.00 Total $2,625,000 $2,970,148.22 $5,242,000.00 *Engineer's estimate (OPCC) includes Base Bid plus all additive alternates. Many airports throughout the nation are facing funding complications due to material/labor shortages and price increases due to COVID-19 impacts. Using FAA specified materials typically will drive up material costs as well. With the limited sources for local asphalt and all the unknowns related to material and labor costs due to COVID-19 impacts, the Engineer's estimate aimed to cover the possible inflationary effects on the cost of this project. Bay Ltd. has been in business since 1927 and specializes in airfield concrete paving municipality projects. Bay Ltd. has completed multiple projects at CCIA, including work on East GA Apron extension and Runway 17/35 and Connecting Taxiway system. Other projects for the City of Corpus Christi include the Citywide Street Overlay & Sealcoat ID/IQ, Citywide SPMP, and Citywide streets projects. ALTERNATIVES: The alternative is not to award the construction contract to the lowest bidder, Bay Ltd. This alternative would delay the project and impede on the Council's goals to complete it in a timely manner and within the budget. FISCAL IMPACT: The fiscal impact in FY 2021 is the acceptance and appropriation of Airport Grant #62 in an amount of $3,310,001.00 to the Airport CIP Grants Fund. This item also awards a construction contract in an amount of $2,625,000.00 with funding available for the Airport Capital Fund. Additionally, the FY 2021 Capital Budget will be amended to include this project. This project is scheduled for the FY 2022 CCIA Capital Improvement Program but will be accelerated by a couple of months to ensure eligibility to receive 100% funding by the FAA. FUNDING DETAIL: Fund: Airport Capital Improvement Program Grants Fund (Fund 3020) Mission Element: Airport Development (ME #274) Projects: CCIA Rehabilitate Runway 13-31, Taxiway B, & Associated Improvements (Project #21087) Account: Construction (550910) Amount: $2,625,000.00 RECOMMENDATION: Staff recommends awarding the construction contract for the CCIA Rehabilitate Runway 13-31, Taxiway B, & Associated Improvements in an amount of$2,625,000.00 for the total base bid and additive alternate 1 and 2 with Bay Ltd. based on the acceptance and appropriation of the grant. The construction duration is planned for five months from issuance of the Notice to Proceed to begin construction in August 2021 with anticipated completion in January 2022. LIST OF SUPPORTING DOCUMENTS: Location Maps Ordinance Grant Award Letter Bid Tabs CIP Page Ordinance appropriating Airport Grant # 62 in an amount of $3,310,001.00 from the United States Department of Transportation- Federal Aviation Administration to the Airport CIP Grants Fund, amending the FY 2021 Capital Budget, and awarding a construction contract in an amount of $2,625,000.00 to Bay Ltd., Corpus Christi, Texas, for the Corpus Christi International Airport Rehabilitate Runway 13-31, Taxiway B, and Associated Improvements, with FY 2021 funding available from the Airport CIP Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $3,310,001.00 from Federal Aviation Administration Grant No. 3-48- 0051-062-2021 is appropriated in the No. 3020 Airport Capital Improvement Fund. SECTION 2. The Corpus Christi FY2020-2021 Capital Budget adopted by Ordinance No. 032203 is amended to appropriate the revenue and increase revenues and expenditures by $3,310,001 .00. SECTION 3. The City Manager or designee is authorized to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas for the Total Base Bid plus Additive Alternates No. 1 & 2 in the amount of $2,625,000.00 for the Corpus Christi International Airport (CCIA) Rehabilitate Runway 13-31 Taxiway B and associated improvements projects. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor RFB 3629 Rehabilitate Runway 13-31,Taxiway B&Associated Improvements ID: RFB 3629 Item Description Unit Quantity Bay Ltd. Total Head Inc Total Al MOBILIZATION LS 1 $95,920.00 $95,920.00 $134,637.53 $134,637.53 A2 BONDS AND AL 1 $20,100.00 $20,100.00 $21,448.00 $21,448.00 A3 OWNER'S LS 1 $2,900.00 $2,900.00 $3,788.00 $3,788.00 Sub Totals $118,920.00 $159,873.53 A4 OZONE EACH 2 $130.00 $260.00 $650.00 $1,300.00 Sub Totals $260.00 $1,300.00 1 CONSTRUCTIO LS 1 $194,000.00 $194,000.00 $166,448.65 $166,448.65 Sub Totals $194,000.00 $166,448.65 2 PAVING SY 61,000 $2.70 $164,700.00 $2.45 $149,450.00 Sub Totals $164,700.00 $149,450.00 3 HAUL ROAD SY 500 $110.00 $55,000.00 $93.08 $46,540.00 Sub Totals $55,000.00 $46,540.00 4 HAUL ROAD SY 500 $53.00 $26,500.00 $27.39 $13,695.00 Sub Totals $26,500.00 $13,695.00 5 CONTRACTOR LS 1 $5,800.00 $5,800.00 $121,941.30 $121,941.30 Sub Totals $5,800.00 $121,941.30 6 FULL-DEPTH Sy 100 $240.00 $24,000.00 $100.85 $10,085.00 Sub Totals $24,000.00 $10,085.00 7 MINOR JOINT LF 182,000 $0.60 $109,200.00 $1.13 $205,660.00 Sub Totals $109,200.00 $205,660.00 8 MODERATE LF 20,200 $0.90 $18,180.00 $2.92 $58,984.00 Sub Totals $18,180.00 $58,984.00 9 RUBBER LS 1 $10,500.00 $10,500.00 $72,386.54 $72,386.54 Sub Totals $10,500.00 $72,386.54 10 PAVEMENT SF 179,000 $0.70 $125,300.00 $0.77 $137,830.00 Sub Totals $125,300.00 $137,830.00 11 COLD MILLING Sy 61,000 $2.50 $152,500.00 $1.22 $74,420.00 Sub Totals $152,500.00 $74,420.00 12 2"ASPHALT TN 6,900 $140.00 $966,000.00 $158.64 $1,094,616.00 Sub Totals $966,000.00 $1,094,616.00 13 REFLECTIVE SF 150,000 $0.55 $82,500.00 $0.57 $85,500.00 Sub Totals $82,500.00 $85,500.00 14 NON- SF 48,000 $0.45 $21,600.00 $0.50 $24,000.00 Sub Totals $21,600.00 $24,000.00 15 TEMPORARY SF 15,000 $0.40 $6,000.00 $0.42 $6,300.00 Sub Totals $6,000.00 $6,300.00 16 REFINED COAL Sy 316,000 $1.15 $363,400.00 $1.35 $426,600.00 Sub Totals $363,400.00 $426,600.00 Grand Total $2,444,360.00 $2,855,630.02 C1 LOCKOUT/TAG LS 1 $8,600.00 $8,600.00 $7,238.40 $7,238.40 Sub Totals $8,600.00 $7,238.40 C2 EXISTING L- EA 1 $12,500.00 $12,500.00 $3,673.80 $3,673.80 Sub Totals $12,500.00 $3,673.80 C3 TEMPORARY LS 1 $7,500.00 $7,500.00 $3,900.00 $3,900.00 Sub Totals $7,500.00 $3,900.00 C4 MINOR JOINT LF 38,000 $0.60 $22,800.00 $1.09 $41,420.00 Sub Totals $22,800.00 $41,420.00 C5 MODERATE LF 200 $0.90 $180.00 $5.30 $1,060.00 Sub Totals $180.00 $1,060.00 C6 PAVEMENT SF 6,000 $0.90 $5,400.00 $1.02 $6,120.00 Sub Totals $5,400.00 $6,120.00 C7 REFLECTIVE SF 1,500 $2.70 $4,050.00 $3.13 $4,695.00 Sub Totals $4,050.00 $4,695.00 C8 NON- SF 2,500 $2.70 $6,750.00 $3.09 $7,725.00 Sub Totals $6,750.00 $7,725.00 C9 TEMPORARY SF 1,500 $2.60 $3,900.00 $3.02 $4,530.00 Sub Totals $3,900.00 $4,530.00 C10 REFINED COAL Sy 20,000 $1.20 $24,000.00 $1.34 $26,800.00 Sub Totals $24,000.00 $26,800.00 C11 NO.8 AWG, LF 400 $5.40 $2,160.00 $6.24 $2,496.00 Sub Totals $2,160.00 $2,496.00 Grand Total $97,840.00 $109,658.20 D1 MINOR JOINT LF 18,000 $0.60 $10,800.00 $1.09 $19,620.00 Sub Totals $10,800.00 $19,620.00 D2 PAVEMENT SF 11,000 $0.50 $5,500.00 $0.59 $6,490.00 Sub Totals $5,500.00 $6,490.00 D3 REFLECTIVE SF 4,000 $1.05 $4,200.00 $1.31 $5,240.00 Sub Totals $4,200.00 $5,240.00 D4 NON- SF 7,000 $1.10 $7,700.00 $1.27 $8,890.00 Sub Totals $7,700.00 $8,890.00 D5 TEMPORARY SF 4,000 $1.00 $4,000.00 $1.20 $4,800.00 Sub Totals $4,000.00 $4,800.00 D6 REFINED COAL Sy 44,000 $1.15 $50,600.00 $1.33 $58,520.00 Sub Totals $50,600.00 $58,520.00 Grand Total $82,800.00 $103,560.00 ; «� t -:27<=;� PROJECT LOCATION N SCALE: N.T.S. a LOCATION MAP NUECES BAY a�a room NOT TO SCALE PROJECT LOCATION SOF �7� c pRR�p0R z SHIP CHANN <F CORPUS CHRISTI Op Z o �Rp Q Y QO \ LEOPARD g U a z 44 6q CORPUS CHRISTI 286 INTERNATIONAL F AIRPORT ORGP 358 M Op Z a Fo F9ti rn04 y N O (D �2 cgRp<F `min SgRgrO O�� q VICINITY MAP O� 358 NOT TO SCALE PROJECT NUMBER: 21087 REHABILITATE RUNWAY 13-31 CITY COUNCIL EXHIBIT TAXIWAYB & ASSOCIATED CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES IMPROVEMENTS N SCALE: N.T.S. a T TERMINAL BUILDING %� co co 7� �q� TAXIWAY E 9+�/y9 TAXIWAY D PROJECT LOCATION e� T es � AERIAL MAP NOT TO SCALE 87 PROJECT NUMBER: 210 REHABILITATE RUNWAY 13-31 CITY COUNCIL EXHIBIT TAXIWAYB & ASSOCIATED CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES IMPROVEMENTS so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 First Reading for the City Council Meeting August 10, 2021 ss5 Second Reading for the City Council Meeting August 17, 2021 DATE: August 2, 2021 TO: Peter Zanoni, City Manager THRU: Tracey K. Cantu, Interim Director of Neighborhood Services Traceyc(a)cctexas.co m (361) 826-3120 FROM: Liza Lopez, Code Compliance Program Manager Lizac(a)cctexas.com (361) 826-3170 Prohibit parking on unimproved surface on residential lots CAPTION: Ordinance adding Section 33-17 to Corpus Christi Code to prohibit parking on an unimproved surface on residential lots; and providing for a penaltynot to exceed $500 per violation. SUMMARY: This ordinance is being proposed to City Council to beautify the city by reducing blight caused by vehicles parking on unimproved surfaces of residential yards. BACKGROUND AND FINDINGS: Code Enforcement continues to receive complaints regarding residential properties throughout the City having vehicles parked on the unimproved street yard. Parking on unimproved surfaces of residential lots may lead to damage of underground and surface infrastructure. This activity is also a safety issue given the proximity of vehicles to pedestrian sidewalks. Vehicles parked on unimproved surfaces of residential yards create a detrimental impact on a neighborhood. The proposed ordinance will exempt lots without driveways and lots that abut a narrow street to ensure rights-of-way do not become impassable or prevent access for emergency vehicles. ALTERNATIVES: Rejecting the proposed ordinance will allow for continued vehicle parking on unimproved residential street yards. FISCAL IMPACT: Citations will be issued to violators by Code Enforcement Officers and Police Officers. No additional officers are being proposed to enforce this ordinance. FUNDING DETAIL: N/A RECOMMENDATION: Code Enforcement staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Proposed Ordinance Sec. 33-17 Power point for Ordinance Sec. 33-17 Ordinance adding Section 33-17 to Corpus Christi Code to prohibit parking on an unimproved surface on residential lots; and providing for a penalty not to exceed $500 per violation. WHEREAS, the parking of vehicles on unimproved surfaces of residential lots may damage underground infrastructure; WHEREAS, parking of vehicles on unimproved surfaces of residential lots has a deleterious impact on a neighborhood; and WHEREAS, the Unified Development Code §4.2.5. E. prohibits the parking of vehicles on required residential street yards except on a paved surface. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 33, OFFENSES AND MISCELLANEOUS PROVISIONS, is amended by adding Section 33 -17, Parking on unimproved surfaces, to read as follows: Sec. 33-17. — Parking on unimproved surfaces. (a) Definitions: The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Improved surface means an area, the surface of which is comprised of materials constructed to a depth sufficient to distribute the weight of a vehicle or equipment over such area to preclude deterioration and deflection of the area due to vehicle or equipment load, adverse weather, or other conditions. Examples of materials with which an improved surface might be constructed include asphalt, concrete, brick, or another hard surface dustless material. Lot means contiguous land under common ownership, as shown on the most recently approved ad valorem tax rolls of the city, that is used or developed as a unit for residential uses, regardless of whether the land consists of a platted lot or a portion of a platted lot or a combination thereof. Street yard. The area of a lot or parcel which lies between the property line abutting a street and the wall of a dwelling. Vehicle or equipment means and includes any house trailer, mobile home, motor vehicle, truck, passenger motor vehicle, motor home, camper cabin, motorcycle, trailer, boat, farm machinery or similar equipment or any truck with more than two axles or any trailer, mobile home or motor home with a length exceeding 20 feet. 1 (b) Offense. It shall be an offense for any person to park or to cause, suffer or permit the parking of a vehicle or equipment on any surface that is not an improved surface within a street yard. It is presumed that the registered owner of the vehicle or equipment is the person who parked, caused, suffered, or permitted the vehicle or equipment to be parked in violation of this section. (c) Affirmative Defense. It is an affirmative defense to prosecution under this section that at the time of the alleged violation: (1) the lot does not have an improved driveway; or (2) the street yard abuts a street with a width of less than 28 feet. (d) Criminal Penalty. The maximum fine for a violation of this section is $500. (e) The culpable mental state required by Texas Penal Code § 6.02 is specifically negated and dispensed with, and a violation of this article is a strict liability offense. Secs. 33-18 & 33-39. - Reserved. 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. 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 4. Penalties are as provided in Section 1-6 of the Corpus Christi Code. SECTION 5. This ordinance takes effect after official publication. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 3 urainance 33-17, Prohibits n r sic u ya, rds 1,0111 o�000y, CORPUS CHRISTI TWO NEIGHBORHOOD SERVICES Ordinance adding Section 3-17 to Corpus Christi Code to prohibit parking on unimproved surface on � , as- �.. residential lots; and - providing for penalty. 111 '111 May lead lead to damage of underground and surface infrastructure. • Safety issue given the proximity of vehicles to pedestrian sidewalks. • Has a detrimental impact - on a neighborhood. l - \rt uriense It shall be an offense for any person z to park or permit the parking of a - - - vehicle or equipment on any unimproved surface within a street yard. It is presumed that the registered owner of the vehicle or equipment is „�� , �• r � the person who parked or permitted to&p'a the vehicle or equipment to be M`v -47 parked in violation of this section. FN fit , 5 f 6✓ r 4 .„d s.v� �+�•`�iaan�,iwak ..�' ,,�. a�— �� S Street Yard _ The area of a lot or parcel which lies BACKYARD FENCE between the property line abutting street and the wall of a dwelling. • Improved surface means an area, the surface of which is comprised of materials constructed to a depth sufficient to distribute the SIDE YARD '. weight of a vehicle or equipment FRONT and over such area to preclude STREET YARD deterioration and deflection of the area due to vehicle or equipment load, adverse weather, or other conditions. Examples of materials with which an improved surface might be constructed include asphalt, concrete, brick, or another hard surface dustless material. I Exctpfions to Polli BACKYARD �16 �� FENCE • The lot does not have an improved driveway. o� N • The street yard abuts a street with a width of less than 28 feet. FRONT and STREET YARD • Exceptions to the policy and administrative d3 w. discretion can be applied. k"), . 9 Criminal Pe ` The maximum fine for a violation of this section is $500. z The culpable mental state required by Texas Penal Code § 6.02 is specifically negated and dispensed with and a violation of this article is �.. - a strict liability offense. ' a r' Recommendation Approve Ordinance adding ��� Section 33-17 to Corpus Christi Code to prohibit parking on unimproved surfaces on residential lots; and providing for penalty. urainance 33-17, Prohibits n r sic u ya, rds 1,0111 o�000y, CORPUS CHRISTI TWO NEIGHBORHOOD SERVICES I Design Standard _ mrd FBACKYARD FENCE The Unified Development Code §4.2.5. E. Single and Two-family Residential Parking G ., 1. The parking of vehicles shall be prohibited in any required street yard except on a paved surface. SIDE YARD 2. The cumulative area of any impermeable surface area located in the required street yard, shall not exceed STREET T and 70% of the area of the required street yard. 3. Residential driveways shall be made of an all-weather dust-proof surface, such $" as asphalt,concrete or brick. 4. Exceptions: Lots of 5 acres or greater i' x with a minimum driveway apron depth of 50 feet from the edge of street made of an all-weather dust-proof surface are exempt from residential driveway requirements. ;tea so �o o� A PH v AGENDA MEMORANDUM WoRPORPg4 First Reading City Council Meeting August 10, 2021 1852 Second Reading City Council Meeting August 17, 2021 DATE: August 10, 2021 TO: Peter Zanoni, City Manager THRU: Neiman C. Young, PhD., Assistant City Manager neimany(a)cctexas.com (361) 826-3898 FROM: Tracey K. Cantu, Interim Director Neighborhood Services Department traceyc(a)cctexas.com (361) 826-3021 Ordinance to prohibit sitting or lying in public right-of-way within the Corpus Christi Central Business District, North Beach, and Flour Bluff. CAPTION: Ordinance adding Section 49 - 16 to the Corpus Christi Code to prohibit sitting or lying in public right-of-way within the Corpus Christi Central Business District, North Beach, and Flour Bluff; and providing for penalty of up to $500 per violation. SUMMARY: This ordinance will prohibit the sitting or lying in public right-of-ways within the Corpus Christi Central Business District, North Beach, and Flour Bluff. The ordinance will increase access to businesses and promote safe travel on public sidewalks. BACKGROUND AND FINDINGS: Persons sitting or lying in the public right-of-way hinders the free movement of others and creates a threat to public safety. Violators of the ordinance would be those hindering the unobstructed passage of a person, requiring of others to take evasive action to avoid physical contact, blocking the passage of others entering or leaving a building, or requiring others entering or leaving a building to take evasive action to avoid physical contact. The Ordinance does not impact those who are sitting or lying down due to a medical emergency or disability, conducting business with an establishment that is legally operating on the sidewalk such a cafe, watching a parade or similar event, using a bench, waiting for public or private transportation or if there is no availability at overnight shelter in the City. ALTERNATIVES: An alternative is to not adopt the Ordinance and continue to allow people to sit or lie in the public right-of-way. FISCAL IMPACT: There is no fiscal impact for amending the Code of Ordinances by adding Section 49-16. — Sitting or lying down in the right-of-way. Funding Detail: Fund: NA Organization/Activity: NA Mission Element: NA Project # (CIP Only): NA Account: NA RECOMMENDATION: City staff recommends approval of the Ordinance to prohibit sitting of lying in the public- right-of way. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance adding Section 49 - 16 to the Corpus Christi Code to prohibit sitting or lying in public right-of-way within the Corpus Christi Central Business District, North Beach, and Flour Bluff; and providing for penalty of up to $500 per violation. Whereas, citizens have a fundamental right of free movement and interstate travel; Whereas, sidewalks and parkways are part of the public transportation system; Whereas, sitting or lying in the public right of way interferes with citizens right to travel and creates a threat to public safety; Whereas, pedestrians sitting or lying in the right of way are less visible to vehicular traffic; Whereas, sitting or lying in the public right of way increases the risk of pedestrian related accidents; Whereas, sitting and lying in the public right of way is a determent to the use and enjoyment of the neighboring property owner; and Whereas, City Council finds it necessary to utilize the City's police power to protect the public safety and rights of citizens from traveling unmolested and to prevent pedestrian related accidents. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That Chapter 49, "Streets and Sidewalks," Article I, will be amended to add a new section, Section 49-16, to read as follows: Sec. 49-16. - Sitting or lying down in the right-of-way. (a) This section applies in the Central Business District as defined in Section 4-8 of this Code, North Beach as defined in Section 38-40 of this Code, and Flour Bluff as defined by City Ordinance #021746. (b) A person commits an offense if, after having been notified by a law enforcement officer that the conduct violates this section, the person continues to sit or lie down in the right-of-way or on an object placed in the right-of-way. (c) For purpose of this Section, right-of-way includes the sidewalk, the street curb and gutter, the parkway between the sidewalk and the street, and any street median. (d) Enforcement. No person shall be cited or arrested under this section for a first violation unless the person continues to engage in conduct prohibited by this section after having been: (1) Notified, orally or in writing, by a law enforcement officer to refrain from the alleged violation of this section; and (2) Provided an opportunity to relocate to another place where such related conduct would be lawful. A person in violation of this section is entitled to no more than one oral or written warning from a law enforcement officer. (e) Affirmative Defenses. It is an affirmative defense to prosecution under subsection (b) of this section that at the time of the alleged violation: (1) the person was sitting or lying down because of a medical emergency; (2) the person was sitting or lying down because of a disability; (3)the person was operating or patronizing a commercial establishment that conducts business on the sidewalk in compliance with the ordinances of the city; (4) the person was a participant in or was viewing a legally permitted parade, festival, performance, rally, demonstration, or similar event; (5) the person was sitting on a chair or bench that is supplied by a public agency or by the abutting private property owner; (6) the person was sitting within a bus stop zone while waiting for public or private transportation; (7) there was no available overnight shelter in the City; or (8) the person was sitting or lying while performing emergency automotive repair. (f) A culpable mental state is not required, and need not be proven, for an offense under this section. 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. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. This ordinance takes effect after official publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 3 i ee CORPUS CHRISTI NEIGHBORHOOD SERVICES Ordinance Prohibiting Sitting or lying in the Public Right-of-Way City Council August 10, 2021 Ordinance C cHRI IT' • Sitting or lying in the public right-of-way obstructs travel, increases the risk of accidents, and lessens the use and enjoyment of neighboring property owners • Ordinance adds Section 49 — 16 to the Corpus Christi Code prohibiting sitting or lying in the public right-of-way • Public right-of-way includes the sidewalk, street curb, gutter, and the parkway between the sidewalk and street • Ordinance applies to the Corpus Christi Central Business District, North Beach, and Flour Bluff Violation and Enforcement C cHRI IT' • It's an offense if: o a. A person has been notified of the violation by law enforcement o b. A person has been provided the opportunity to relocate o c. A person continues to lie or sit in the right-of-way • The offense is considered a Class C Misdemeanor with a maximum fine of $500 0,%, Defenses CORPUS CHRISTI • Medical emergencies • Disabilities • Operating or patronizing a business that legally operates on the sidewalk • Viewing or participating in legal parades, festivals, performances, rallies, and demonstrations • Sitting on a chair or bench supplied by a public agency or by the abutting property owner • Sitting at a bus stop zone while waiting for public or private transportation • There is no available overnight shelter in the City • Performing emergency automotive repair Recommendation \ C cHRI IT' Adoption of the ordinance adding Section 49 - 16 to the Corpus Christi Code to prohibit sitting or lying in public right-of-ways within the Corpus Christi Central Business District, North Beach, and Flour Bluff; and providing for penalty of up to $500 per violation. i Via. 17 ti ✓'si{ ,�._ , ' ,� s `RYA. �'� � u' I J zF 'i l Af z- x, 1 z � a t�dl.' - - 'S '�}. � ,it R i,:Yf:� �"` f�Y� +� {>• �:�a:.� .'�+� �� Tr . r 4 ! lin so �o p A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 17, 2021 DATE: August 17, 2021 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3938 Acceptance of Funds from the Firehouse Subs Public Safety Foundation CAPTION: Ordinance authorizing the acceptance of $32,965.90 from the Firehouse Subs Public Safety Foundation for a 12-Lead cardiac monitor to support the Corpus Christi Fire Department; and appropriating $32,965.90 into the Fire Grants Fund. SUMMARY: This ordinance authorizes the acceptance and appropriation of an allocation of $32,965.90 from the Firehouse Subs Public Safety Foundation. The grant funds will be used to purchase one Zoll cardiac monitor to support the Corpus Christi Fire Department's mission to provide high-quality medical services to the community. BACKGROUND AND FINDINGS: The Corpus Christi Fire Department (CCFD) was awarded a grant in the amount of $32,965.90 from the Firehouse Subs Public Safety Foundation. The Foundation was founded in 2005 in the aftermath of Hurricane Katrina. The Foundation funds areas such as lifesaving equipment, prevention education, scholarships and continued education, and disaster relief with its grant program. This is the first year the CCFD has received this grant from Firehouse Subs Public Safety Foundation. The grant funds will be used to purchase one 12-Lead cardiac monitor that will be used on the AMBUS that CCFD recently acquired. CCFD currently has two monitors for the AMBUS and 14 for frontline ambulances. The total number of monitors CCFD will have if the grant award is accepted will be 17. The cardiac monitors are used to conduct 12-lead electrocardiograms (ECG), defibrillate, transmit readings to hospitals, and monitor other vital signs such as heart rate, pulse oximetry, and end tidal carbon dioxide. The monitors are much-needed pieces of lifesaving equipment. The monitors also will be used to assist in the training of CCFD paramedics. ALTERNATIVES: The alternative to accepting this grant is to decline and seek funding from other programs that support cardiac monitors or to utilize the General Fund for this need; however, this will limit emergency response capabilities while searching for alternate funding sources. FINANCIAL IMPACT: Acceptance of funds in the amount of$32,965.90 and appropriating $32,965.90 to the Fire Grants Fund. FUNDING DETAIL: Fund: 1062 Fire Grants Organization/Activity: 840024L Firehouse Subs — Public Safety Mission Element: 888 Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment Amount: $32,965.90 RECOMMENDATION: Staff recommends City Council authorize the ordinance to accept and appropriate the grant funds in the amount of$32,965.90, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of $32,965.90 from the Firehouse Subs Public Safety Foundation; and appropriating $32,965.90 into Fire 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 accept a grant from the Firehouse Subs Public Safety Foundation in the amount of $ 32,965 for the benefit of the medical equipment to support the Corpus Christi Fire Department. SECTION 2. That$32,965.90 is appropriated in the No. 1062 Fire Grant Fund to purchase equipment. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor ---------- Forwarded message --------- From: Firehouse Subs Public Safety Foundation<foundationPfirehousesubs.com> Date:Wed,Jul 7, 2021 at 9:39 AM Subject: APPROVED: Firehouse Subs Public Safety Foundation Grant To: <douem@cctexas.com>, <RichieQ@cctexas.com> Cc: David Barganski <david.barganski@firehousesubs.com>, Bill Krassner<bkrassner@firehousesubs.com>, Firehouse Subs Public Safety Foundation<foundation(cDfirehousesubs.com>,Sheri Kohler<skohler firehousesubs.com>,Ty Lowry <ty.lowry@fireho-usesubs.com> Dear Asst. Chief Matthijetz & Deputy Chief Quintero, We are pleased to announce that the Firehouse Subs Public Safety Foundation Board of Directors has awarded the City of Corpus Christi, TX, on behalf of Corpus Christi Fire Department in Corpus Christi, TX the requested Zoll X Series Manual Monitor/Defibrillator & Accessories valued at up to $32,965.90. If your grant award must be approved by your city council, please add this item to the agenda immediately, and contact us with the meeting date. PROCUREMENT: The procurement process for your grant award will be determined by our Foundation, and we will contact you no later than Tuesday, August 31, 2021 to initiate the process. Do not make any advanced purchases, as failure to adhere to our chosen method will jeopardize your grant award. If you have any fulfillment questions, please email Procurementfounda.tion@firehousesubs.com. PUBLIC RELATIONS CPR) NOTES • PR announcements from your organization regarding the grant award are optional. If you choose to share the good news, please use the attached press release template and/or social media post template and send it back to Foundation @flrehousesubs.com and FHSPSF co ne r.com for review and approval (allowing for 72 hours turnaround time). Please do not pitch or post before receiving approval from the Foundation team. Use of the Firehouse Subs Public Safety Foundation logo: • We ask that your organization acknowledges the grant by displaying our Foundation logo on granted items/equipment whenever possible. Our Foundation logo is attached for your convenience. Please note that the final artwork will need to be approved by our Foundation via Foundation@firehousesubs.com before being displayed. Did you know? More than 70% of the funds raised for the Firehouse Subs Public Safety Foundation come from the generosity of Firehouse Subs guests and the restaurant brand? Please consider supporting a Firehouse Subs restaurant near you. We are very excited to assist your organization and ultimately improve the lifesaving capabilities of your community. Firehouse Subs Public Safety Foundation foundation{a firehousesubs.com FirehouseSubsl;oundation.org Twitter Facebook 3 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 17, 2021 DATE: August 10, 2021 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2(u-)cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Offsite Repairs of Fleet Ford Vehicles CAPTION: Motion authorizing a two-year service agreement with Crosstown Partners Inc., dba Sames Ford, of Corpus Christi, Texas, for a total amount not to exceed $543,000.00, for offsite repairs of Asset Management Fleet Ford vehicles, with FY 2021 funding in the amount of $45,200.00 available through the Fleet Maintenance Service Fund. SUMMARY: This motion authorizes a two-year service agreement for parts and services for repairs to Ford vehicles for the Asset Management Department, Fleet Division. Ford parts and services are necessary in keeping the Fleet available to City departments. BACKGROUND AND FINDINGS: The purpose of this service agreement is for repair parts and services of the City's Ford vehicles. The Asset management utilizes these services on an as needed basis to keep Ford vehicles up and running. The contractor is a Ford dealer, is certified in Hybrid repairs and with the Texas Railroad Commission to work on (CNG) compressed natural gas vehicles. PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Bid process to obtain bids. The City received one responsive, responsible bid. Staff is recommending Crosstown Partners Inc. dba Sames Ford of Corpus Christi, Texas the lowest, responsive, responsible bidder to provide as needed offsite repairs of Fleet Ford vehicles. Crosstown Partners Inc. dba Sames Ford is the incumbent for offsite repairs of Fleet Ford vehicles and has an hourly rate that has a competitive market increase of 10% from the previous contract in 2019. ALTERNATIVES: The alternative would be not to secure a long-term supply agreement; however, the Asset Management Department would have to process individual purchases orders when repairs are needed. This would not be as productive. A long-term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for Asset Management in FY21 is $45,200.00, with the remaining cost of $497,800.00 will be funded in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maintenance Services Organization/Activity: 40170 Fleet Operations Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 530100 Vehicle Repairs RECOMMENDATION: Staff recommends the approval of this agreement with Crosstown Partners Inc. dba Sames Ford of Corpus Christi, Texas for Offsite Repairs of Fleet Ford Vehicles as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tab Service Agreement City of Corpus Christi Bid Tabulation Contracts and Procurement RFB#3602 Buyer:Marco Lozano Offsite Repairs of Fleet Ford Vehicles Crosstown Partners Inc.dba Sames Ford- Corpus Christi,Texas ITEM Description Unit 2-Yr.Qty Unit Price I Total Price 1 Labor-Gas HRS 2,000 $ 105.00 $ 210,000.00 2 Labor-Diesel HRS 2,000 $ 105.00 $ 210,000.00 3 Diagnostic Fee HRS 100 $ 105.00 $ 10,500.00 Qty+Markup ITEM Description I Unit I Qty %Markup =Total 4 Parts EA $ 90,000 25% $ 112,500.00 2 Year Total $ 543,000.00 DocuSign Envelope ID:80570FAA-4069-4010-9EC6-216D87B152E4 �yV S C� G° a 0 H SERVICE AGREEMENT NO. 3602 U Offsite Repairs of Fleet Ford Vehicles yeanaonn!e 1852 THIS Offsite Repairs of Fleet Ford Vehicles Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Crosstown Partners Inc. dba Sames Ford ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Offsite Repairs of Fleet Ford Vehicles in response to Request for Bid/Proposal No. 3602 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Offsite Repairs of Fleet Ford Vehicles ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for two years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Division, or the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $543,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:80570FAA-4069-4010-9EC6-216D87B152E4 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Benjamin Sanchez Department: Fleet Maintenance Phone: 361-826-1959 Email: BenjaminS@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:80570FAA-4069-4010-9EC6-216D87B152E4 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:80570FAA-4069-4010-9EC6-216D87B152E4 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Benjamin Sanchez Title: Parts Foreman Address: 5352 Ayers Bldg 3A, Corpus Christi, Texas 78415 Phone: 361-826-1959 Fax: N/A IF TO CONTRACTOR: Crosstown Partners dba Sames Ford Attn: Ryan Cain Title: VP / GM Address: 4721 Ayers St., Corpus Christi, Texas, 78415 Phone: 361 .851 .7600 Fax: 361 .225.2860 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:80570FAA-4069-4010-9EC6-216D87B152E4 WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:80570FAA-4069-4010-9EC6-216D87B152E4 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:80570FAA-4069-4010-9EC6-216D87B152E4 CONTRAC u,igned by: Signature: ��b6, ' Printed Name: Ryan Cain Title: vp Date: 6/24/2021 CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 3602 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:80570FAA-4069-4010-9EC6-216D87B152E4 v'C (�r#L ATTACHMENT A: SCOPE OF WORK �sszk, 1.1 General Requirements/Background Information The Contractor shall provide parts and services for repairs to Ford Vehicles for the Corpus Christi Asset Management Department, Fleet Division. The Contractor shall be ASE , Ford Dealer, Hybrid Certified and Texas Railroad Commission certified for (CNG) compressed natural gas vehicles. 1.2 Scope of Work: A. Service requirements: 1 . The Contractor shall perform repairs to include, but not limited to, engine, drivetrain, body, electrical, HVAC, suspension, brakes and wheel alignments. 2. The Contractor shall perform both Electrical and Mechanical Diagnostics. 3. All preventive and unscheduled maintenance and repair to include parts and labor. 4. The Contractor shall provide Original Equipment Manufacturer (OEM) parts. Aftermarket Parts will only be accepted when OEM are no longer available and with prior approval. 5. The Contractor shall not subcontract any repairs. 6. The Contractor is responsible for any towing charges incurred for immediate failures after repairs have been completed by the Contractor. B. Lead Time. 1 . First Responder vehicle repairs shall be First Priority. The Contractor shall provide same day priority service. This standard shall apply to a full six-day work week, Monday through Saturday, and include items covered under warranty as well as non-warranty repairs. 2. The Contractor shall have four business days, Monday through Friday, 8:00 am to 5:00 pm, Saturday, 8:00 am to 12:00 pm to complete what is constituted as a minor repair according to the manufacturer. 3. The Contractor shall have eight business days, Monday through Friday, 8:00 am to 5:00 pm, Saturday, 8:00 am to 12:00 pm to complete what is constituted as a major repair DocuSign Envelope ID:80570FAA-4069-4010-9EC6-216D87B152E4 according to the manufacturer. Extensions shall require approval from the Contract Administrator. C. Delivery: 1 . The City will use its authorized contracted towing company to deliver the inoperative vehicle to the Contractor. The City will notify the Contractor of vehicles being towed and delivered to vendor for repairs. On the same day the vehicle is received, the Contractor shall send an email to the Contract Administrator. Contractor Administrator will indicate the Date the vehicle was received, repair estimate and estimated completion time of service. 2. City of Corpus Christi Asset Management staff will transport operative vehicles to and from the Contractor's facility. 1.3 Work Site and Conditions The Contractor must be located within a 25 mile radius of City of Corpus Christi shop; located at 5352 Ayers Street.. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the contract is provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Invoicinq The Contractor shall submit invoice for services to the city. Invoice shall include: 1 . Work description, Purchase Order Number (PO#), Service Agreement Number, Location and date of Service and labor hours. 2. Invoices shall be sent as follows: Original copy to Accounts Payable and one to the Contract Administrator. 3. The Contractor shall include copies of Work order and Contractor Information Checklist (CIC) as back-up for the invoice. Approval for payment shall be authorized by the Contract Administrator or Project Manager. 4. Materials will be paid at cost plus allowable markup as listed in the Contract. 5. Receipts are required for materials DocuSign Envelope ID:80570FAA-4069-4010-9EC6-216D87B152E4 ° us� CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT v BID FORM CCFPORRE 1852 RFB No. 3602 Offsite Repairs of Fleet Ford Vehicles PAGE 1 OF 1 Date: 'S Irl Authorized Bidder: �� Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. IternL Qes' riptionf: UNIT 2-Year Unit Price Total Price I Labor - Gas HR ' 2,000 $ to5.60 $ at 0,000, 2 Labor - Diesel HR 2,000 $ .co $ ato, lb6 3 Diagnostic Fee HR 100 $ v .0 $ 1000. i0 Item Descr'iption's ;_°F UNIT ' QTY % Markup k QTY.+ Markup Z _ *gin _ { pj al 4, Parts ` ,F EA $90,000 a $ 1 VZ 16DO •� 2 Year Total $ 5q oo p + DocuSign Envelope ID:80570FAA-4069-4010-9EC6-216D87B152E4 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) 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. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, 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 Commercial General Liability $250,000 Per Occurrence Including: 1. Commercial Broad Form 2. Premises -Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury GARAGE KEEPERS PHYSICAL DAMAGE Actual Cash Value of Vehicles and COVERAGE including: Equipment While in Care, Custody Physical Damage on a Direct Primary Basis C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID:80570FAA-4069-4010-9EC6-216D87B152E4 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi,TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 DocuSign Envelope ID:80570FAA-4069-4010-9EC6-216D87B152E4 E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Bond Requirements: No bonds are required. 2020 Insurance Requirements Ins. Req. Exhibit 4-D Contracts for General Services -Services Performed Onsite 06/08/2020 Risk Management -Legal Dept. Page 3 of 3 DocuSign Envelope ID:80570FAA-4069-4010-9EC6-216D87B152E4 ATTACHMENT D: WARRANTY REQUIREMENTS Warranty on Labor and Workmanship shall be six-months. Warranty on all materials shall be one year. A. Covered warranty on new installation shall be one year or better for all labor and material. B. Warranty on all repairs shall be six-months or better for all labor and one-year on materials. Any additional service call to repair deficiencies previously addressed, will not be considered for payment. Page 1 of 1 SC �o w h �� O F v AGENDA MEMORANDUM NOflPORPY�'� xss2 Action Item for the City Council Meeting of August 17, 2021 DATE: August 17, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreye(a)-cctexas.com (361) 826-3851 Kevin Norton, Director of Utilities kevi n n(a)-cctexas.com (361) 826-1874 Heather Hurlbert, Director of Finance & Business Analysis Heatherh3(a)-cctexas.com (361) 826-3227 Construction Contract Award Coral Vines Elevated Storage Tank Coating Restoration and Rehabilitation CAPTION: Motion awarding a construction contract to Viking Industrial Painting, Omaha, Nebraska, for the restoration and rehabilitation of the Coral Vines Elevated Storage Tank, located in Council District 4, in an amount of$540,200.00, with FY 2021 funding available from the Water Fund. SUMMARY: This motion approves a construction contract for the restoration and rehabilitation of the Coral Vines Elevated Storage Tank (EST). The construction will include complete exterior rehabilitation of the EST, interior spot repairs, corrosion related general repairs, sediment removal and cleaning. Complete containment of the tank will also be provided, with hydropneumatics tanks acting as alternate storage for the duration of time that the EST is offline for this project. BACKGROUND AND FINDINGS: The City of Corpus Christi owns and operates seven ESTs, five of which are in operation. The active 1.5-million-gallon Coral Vines EST was constructed in 2010 and is located on North Padre Island. In 2019, the City conducted an inspection report and determined that the current conditions of the Coral Vines EST interior and exterior require restoration and rehabilitation to bring the tank back to serviceable conditions in accordance with Industry Standards set forth by the Texas Commission on Environmental Quality, American Water Works Association, National Sanitation Foundation, American National Standards Institute and other regulatory entities. The EST exterior is experiencing chalking, rust, and corrosion due to failed protective coating from UV sunlight and weather. Additionally, the coating has started to delaminate and flake off along the roof hand-railing and antenna mounts. The exterior coating is over 10 years old and is estimated to have reached its full protective life. There has been no restoration or rehabilitation efforts completed since its installation. Complete exterior coating rehabilitation of the EST is projected to extend the life approximately 15 to 20 years. The coating is less than acceptable for spot repairs and requires a complete coating rehabilitation. The EST interior coating is experiencing general crevice corrosion and roof penetrations at the roof vents. The interior coating is exhibiting normal surface protection to the underlying steel substrate. However, the interior is over 10 years old and is estimated to have a minimum of five years of protective life remaining. The 2019 inspection determined that complete interior coating rehabilitation was not necessary. Spot repair to the interior will extend the life to approximately 10 years. The Coral Vines EST is currently holding approximately 690,000 gallons of water that will be diverted to holding tanks during the interior and exterior rehabilitation project period. The project scope of work includes the listed below critical restoration and rehabilitation of the Coral Vines EST: • Complete exterior coating rehabilitation of the EST, interior spot repairs, corrosion related general repairs, sediment removal and cleaning. • Clean, prime, stripe coat and coat the exterior of the Coral Vines EST • Clean, prime, and spot repair the interior of the Coral Vines EST • Provide and tie in hydropneumatics tanks (of approximately 50,000 gallons capacity) at different locations in the distribution system to serve as alternate storage to the Coral Vines EST while it is out of service • Perform general repairs on the tank including grinding, welding, replacement of vent screen and repairs to corroded surfaces • Perform epoxy surfacing and or seam sealing work to seams and areas • Provide containment for the EST for the duration of work • Dehumidify the interior of the tank during surface preparation and coating including hoses, filters, etc. PROJECT TIMELINE: 1 � 2022 J J A S O N DJ Bid/Award Construction Project schedule reflects City Council award in August 2021 with anticipated completion in January 2022. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids. On June 30, 2021, the City received bids from eight bidders. The City analyzed the bids in accordance with the contract documents and determined Viking Industrial Painting is the lowest responsive and responsible bidder. CONTRACTOR BASE BID Viking Industrial Panting $540,200.00 Tank Pro, Inc. $588,027.00 Classic Protective Coatings, Inc. $631,475.00 A&M Construction and Utilities $638,000.00 D&M Tank, LLC. $677,100.00 NG Painting, LP $837,000.00 M.K. Painting, Inc. $956,000.00 TMI Coatings, Inc. $1,194,000.00 Engineer's Opinion of Probable $790,000.00 Construction Cost Viking Industrial Painting has successfully completed a sufficient number of projects demonstrating compliance with the experience requirements of the contract documents. These requirements consisted of five tank rehabilitation and restoration projects completed within the past five years that were greater than one million gallons, and five similar projects within 100 miles of the Gulf Coast (City of Seabrook, City of Port Neches, City of Bunker Hill Village, City of Pharr, and the Clearlake City Water Authority). Viking Industrial Painting has completed eight rehabilitation projects with tanks over a one-million-gallon capacity. This is the first time they will be working for the City of Corpus Christi. ALTERNATIVES: The alternative is to not award the construction contract to the low-bidder, Viking Industrial Painting. This would delay improvements to the Coral Vines Elevated Storage Tank and increase the construction price by a minimum of$47,827.00. FISCAL IMPACT: The fiscal impact for FY 2021 is an amount of$540,200.00 with funding available from the Water Fund. FUNDING DETAIL: Fund: Water Fund 4010 (Fund 4010) Mission Elem: Water Treatment (062) Organization: Stevens Filter Plant (31010) Project: Coral Vines Elevated Storage Tank Coating Restoration & Rehabilitation (Project E13031) Account: Maintenance & Repairs - Contracted (530215) Activity: E13031-01-4010-EXP Amount $540,200.00 RECOMMENDATION: Staff recommends awarding a construction contract for the Coral Vines EST Coating and Rehabilitation to Viking Industrial Painting, in the amount of $540,200.00. The construction duration is planned for five months from issuance of the Notice to Proceed with construction starting in September 2021. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Bid Tab so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 17, 2021 DATE: August 17, 2021 TO: Peter Zanoni, City Manager FROM: Bill Mahaffey BilIM(a)cctexas.com (361) 826-1801 Josh Chronley, Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Energy WorldNet OQ Compliance Program for Gas Department CAPTION: Resolution authorizing a five-year service agreement with Energy Worldnet, Inc., in an amount of$134,620.00 for management software that tracks and provides online training to meet licensure compliance for natural gas operators effective upon issuance of a notice to proceed, with FY 2021 funding in the amount of $2,243.67 available in the Gas Fund. SUMMARY: The purpose of this request is to execute a five-year contract with Energy Worldnet, Inc. (EWN) to continue to provide the Gas Department with a licensure compliance program for gas operators. EWN will define, maintain, and document all aspects of natural gas operator licensure requirements for 150 operators per year. The pricing for the software will remain same as the previous contract with EWN. BACKGROUND AND FINDINGS: On December 15, 2004, the Gas Department signed a three-year contract for compliance services for natural gas operators/contractors with EWN. We have been utilizing this service on an annual basis since December 16, 2007. PROCUREMENT DETAIL: Energy Worldnet, Inc. is the developer and owner of Energy Worldnet (EWN) E3 platform and training content library. Energy Worldnet has customized a program for the field tech employees to comply with current regulations with Texas Railroad Commission and Texas Department of Transportation. The City of Corpus Christi Gas Department has been utilizing EWN for the past 17 years. In addition, the Gas Department has invested in the OQ program with EWN throughout the years. EWN fully tailors the OQ programs to meet the City's requirements for licensure compliance. ALTERNATIVES: An alternative is to not enter into an agreement with EWN and continue on an annual basis which could lead to increased cost. Another alternative would be to change vendors and have to reformat the OQ program which would be extremely difficult and time consuming. FISCAL IMPACT: The fiscal impact for Gas Operations is an amount of $2,243.67 for FY 2021 , with the remaining cost to be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4130 Gas Fund Organization/Activity: 34000 Gas Administration Mission Element: 022 Gas Distribution System Project # (CIP Only): N/A Account: 53000 Professional Services RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement Resolution Resolution authorizing a five-year service agreement with Energy Worldnet, Inc., in an amount of$134,620.00 for management software that tracks and provides online training to meet licensure compliance for natural gas operators effective upon issuance of a notice to proceed, with FY 2021 funding in the amount of $2,243.67 available in the Gas Fund. WHEREAS, these supplies will be used by the Gas Department; WHEREAS, Energy Worldnet, Inc., will provide Operator Qualification program for the Gas Department employees to meet Texas Railroad Commission and DOT regulations; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase necessary to preserve or protect the public health or safety of the City's residents; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a service agreement with Energy Worldnet, Inc. of Decatur, Texas based on a sole source for a total amount not to exceed $134,620.00. Page 1 of 2 PASSED AND APPROVED on the day of , 2021 : Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 2 of 2 DocuSign Envelope ID:7CADF239-1068-4982-A8F4-OAC7613087AF �yV S C� G° a 0 H SERVICE AGREEMENT NO. 3792 U Energy WorldNet OQ Compliance Program for Gas Dept yeanaonn!e� 1852 THIS Energy WorldNet OQ Compliance Program Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Energy WorldNet, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Energy WorldNet OQ Compliance Program in response to Request for Bid/Proposal No. Sole Source 3792 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Energy WorldNet OQ Compliance Program ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) This Agreement is for five years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $134,620.00, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:7CADF239-1068-4982-A8F4-OAC7613087AF with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Maria Morales Gas Department 361 .826.6945 MariaM@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:7CADF239-1068-4982-A8F4-OAC7613087AF 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:7CADF239-1068-4982-A8F4-OAC7613087AF Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Maria Morales System Work Coordinator 4225 S. Port Ave., Corpus Christi, TX 78415 Phone: 361 .826.6945 Fax: n/a IF TO CONTRACTOR: Energy Worldnet, Inc. Attn: Adam Tracy Manager, Business Development 1210 S. Bus. US-287, Decatur, TX 76234 Phone: 940.626.1941 Fax: n/a Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:7CADF239-1068-4982-A8F4-OAC7613087AF 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:7CADF239-1068-4982-A8F4-OAC7613087AF 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:7CADF239-1068-4982-A8F4-OAC7613087AF 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:7CADF239-1068-4982-A8F4-OAC7613087AF CONTRACTOR DocuSigned by: Signature: FaW 9D3B08133B54426... Printed Name: Adam Tracy Title: Manager, Business Development Date: 7/20/2021 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. Sole Source 3792 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:7CADF239-1068-4982-A8F4-OAC7613087AF Attachment A: Scope of Work Project Name: Energy WorldNet OQ Compliance Program for Gas Department Project Address: 4225 S. Port., Corpus Christi, Texas 78415 Summary: This Agreement is for five years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. All work being performed for the City must meet industry standards. A. Scope of Work: 1 . The Contractor shall provide an OQ management program and a relational database that defines, maintains, and documents all aspects of the OQ program for 150 licenses per year for 5 years which includes pro-rated pricing for the time left in subscription. 2. The software shall provide: a. Annual Services & Updates Renewal- System Data Maintenance and Program Updates. Includes a 100% hosted learning content management solution including all reports, mobile technology, and unlimited transfer of records to ISN, solution updates, and phone/email support. Support for the number of employees listed on the agreement. b. Operator Qualification Renewal- OQ Plan, Knowledge Courses, AOC's, Documentation, and reporting per active OQ user. c. Inactive Users Renewal- Archiving of previous employee OQ data/per user and OQ subscription renewal. d. OQ training courses with written exams shall be available in English and Spanish. DocuSign Envelope ID:7CADF239-1068-4982-A8F4-OAC7613087AF B. Support: 1 . The Contractor shall provide the following services to include but are not limited to the reporting and correction of product defects, installation, and configuration assistance. 2. The hours of technical phone support are as follows. a. Monday-Friday 7:00 am to 5:30 pm (Central} b. After hours and on weekends until 9 pm via email to the main support@enerayworldnet.com. C. Warranty The Contractor will undertake all reasonable efforts to provide technical assistance under the Agreement and to rectify or provide solutions to problems where the Software does not function. The Contractor will provide the City substantially the same level of service throughout the term of this Agreement. D. Software Upgrades: The Contractor shall provide the City with all minor/major software version releases during the term of this Agreement. City agrees that the releases of software upgrades are the sole discretion of the Contractor and shall follow the Contractor's internal quality standards. E. Contractor Responsibilities: 1 . The Contractor shall notify the City of any material defects or malfunctions in the Software or related documentation revised to reflect significant updates and enhancements to the software made by the Contractor, if any, during the period of this Agreement. 2. The Contractor shall correct inherent material errors in the Software that are not caused by the City misuse, improper use, alterations, or damage of the Software. 3. The Contractor shall supply the City with reasonable means of accessing modifications and enhancements to the Software, using a network download. The Contractor is not obligated under this Agreement to perform on-site installation of modifications and enhancements. 4. The Contractor shall provide unlimited access for each subscribed employee to the full EWN library of existing and new standardized DocuSign Envelope ID:7CADF239-1068-4982-A8F4-OAC7613087AF training and evaluation content related to Operator Qualification, which includes but is not limited to the following: a. OQ training courses with written exams shall be available in English and Spanish. b. Performance Evaluations, which may be utilized in either printable format or complete digitally using any mobile device (smartphone, tablet) using the EWN Mobile application. c. The Contractor will provide access to the EWN online Learning Management System and database services, including access to the EWN internet-based system that provides employees with the ability to perform online training and testing activities, organization and management of training and evaluation requirements for individuals, printable documents for classroom training, and recordkeeping and reporting functions. The EWN LMS system will be made available for use via Company provided internet connection 24 hours per day, 7 days per week, except during scheduled upgrade and maintenance service windows which are typically scheduled during late night hours and/or on weekends. Create, upload, and distribute course material through the EWN LMS system. F. Contract Schedule Year 1 : January 1 , 2022- December 31 , 2022 Year 2: January I, 2023- December 31 , 2023 Year 3: January 1 , 2024- December 31 , 2024 Year 4: January 1 , 2025- December 31 , 2025 Year 5: January I, 2026- December 31 , 2026 G. Invoicing 1 . Invoices will be mailed to the following address with a copy emailed to the Person of Contact. City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Tx 78469-9277 2. Email invoice to: MariaM@cctexas.com DocuSign Envelope ID:7CADF239-1068-4982-A8F4-OAC7613087AF Attachment B: Bid/Pricing Schedule Services for 5 YearsEmit Price Rate Price Total Agreemenf Qom- Per for 5 Years Year Annual Services& Updates (up to 150 Users) 1 ? 199 3.199 $15,995 EW N Operator Qualification (OQ) Library 150 125 S18,750 $93,750 Inactive Users up to 185 S10 $1,850 $9,250 active Incremental Add-On Fees-Annual Services & 25 S125 $3,125 $15,625 Updates (from 126 up to 175 users) Total $134,620 COMPANY: ENERGY worldnet,Inc. NAME OF PERSON AUTHORIZED TO SIGN: Adam Tracy ADDRESS: 121105 Bus, U5-287 CITY f STATERIP: Decatur,TX 76234 PHONE: 940-626-1941 EMAIL: adam.tracy@energyworldnet,com FAX: DATE: 6.22.21 SIGNATURE: 4dajob TITLE: Manager, Business Development Page 1 of 1 DocuSign Envelope ID:7CADF239-1068-4982-A8F4-OAC7613087AF ATTACHMENT C INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) 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. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, 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, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements Commercial General Liability Including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID:7CADF239-1068-4982-A8F4-OAC7613087AF II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of,the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 2of3 DocuSign Envelope ID:7CADF239-1068-4982-A8F4-OAC7613087AF G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services— Services Performed Onsite 02/07/2020 Risk Management—Legal Dept. No bond required for this service agreement. Page 3 of 3 DocuSign Envelope ID:7CADF239-1068-4982-A8F4-OAC7613087AF Attachment D-Warranty Requirements The Contractor will undertake all reasonable efforts to provide technical assistance under the Agreement and to rectify or provide solutions to problems where the Software does not function. The Contractor will provide the City substantially the same level of service throughout the term of this Agreement. Page 1 of 1 Price Sheet Energy Worldnet OQ Compliance Program Sr. Buyer: Minerva Alvarado Sole Source Energy WorldNet, Inc. Decatur,Texas Item # Description Q Cost Per Year Totalfor5 Total Per Year Years 1 Annual Services & Upgrade 1 $3,199.00 $3,199.00 $15,995.00 2 EWN Operator Qualification Library 150 $125.00 $18,750.00 $93,750.00 3 Inactive Users 185 $10.00 $1,850.00 $9,250.00 Incremental Add-on Fees-Annual Service & 4 Updates (from 126 up to 175 users) 25 $125.00 $3,125.00 $15,625.00 Total $134,620.00 so �o o� A v AGENDA MEMORANDUM WoRPORPg4 1852 Action Item for the City Council Meeting August 17, 2021 DATE: August 17, 2021 TO: Peter Zanoni, City Manager FROM: Judy Villalon, City Treasurer JudyAV(a)CCTexas.com (361) 826-3651 City of Corpus Christi Investment Policy and Investment Strategies CAPTION: Resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for the Fiscal Year 2021-2022 SUMMARY: The Public Funds Investment Act requires an annual review by the governing body of its investment policy and adoption of a written instrument stating that it has reviewed the investment policy and investment strategies. BACKGROUND AND FINDINGS: Under Texas Government Code, Chapter 2256, Subchapter A. Authorized Investments for Governmental Entities, the State of Texas delineates the types of investments and the investment rules that must be followed by governmental entities. This chapter is often referred to as the "Public Funds Investment Act". In accordance with the Public Funds Investment Act, the governing body must approve the City's investment policy annually. Last year, City Council approved the City's Investment Policy and Investment Strategies on August 25, 2020. The City's Investment Committee met on June 1 , 2021 and voted that no changes to the Investment Policy were required. The Committee approved the Investment Policy as presented. The Investment Committee is comprised of the City Manager, Chief Financial Officer, Director of Finance and Business Analysis, Assistant Director of Finance and Business Analysis, and the Director of Management and Budget. Linda Patterson with Patterson & Associates, the City's Investment Advisor, has also reviewed and approved the Investment Policy and Investment Strategies. ALTERNATIVES: Make changes to the Investment Policy FISCAL IMPACT: N/A Funding Detail: Fund: Organ ization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: City staff recommends approval of the resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategy for Fiscal Year 2021-2022 as presented. LIST OF SUPPORTING DOCUMENTS: City of Corpus Christi Investment Policy and Investment Strategy 2021-2022 City of Corpus Christi Investment Policy and Investment Strategy 2021-2022 (Red Line Version) Resolution Resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2021-2022. WHEREAS, the City of Corpus Christi's Investment Policy and Investment Strategies were first adopted pursuant to Resolution No. 022390 on October 24, 1995; WHEREAS, the Texas Public Funds Investment Act requires the governing body to annually review, amend as necessary, and reaffirm its investment policy and investment strategies; WHEREAS, the Investment Policy and Investment Strategies were previously reviewed and reaffirmed for fiscal year 2020-21 pursuant to Resolution No. 032189 on August 25, 2020; and WHEREAS, the Investment Policy and Investment Strategies were reviewed for fiscal year 2021-22 by the Investment Committee on June 1 , 2021 ; and the documents are being recommended for reaffirmation by the City Council, to include an updated issuance date. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council has reviewed the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2021-22. A copy of the Investment Policy, which contains the separate Investment Strategies, for fiscal year 2021-22 is attached to this resolution as Exhibit A and incorporated by reference into this resolution as if set out here in its entirety. Section 2. With an updated issuance date that coincides with the date this resolution is passed, the City Council approves the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2021-2022, appoints the investment officers as named and authorized in the Investment Policy and Investment Strategies, and reaffirms the continuation of the policy and strategies in full force and effect. PASSED AND APPROVED on the day of , 2021 . Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 2 of 2 City of Corpus Christi Investment Policy and Investment Strategies Adopted August 17, 2021 TABLE OF CONTENTS I. POLICY STATEMENT............................................................................. 1 11. SCOPE................................................................................................. 1 III. PRUDENCE......................................................................................... 2 IV. OBJECTIVES ....................................................................................... 2 V. LEGAL LIMITATIONS AND AUTHORITIES ............................................. 3 VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY .......................... 3 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS ..... 4 VIII. AUTHORIZED INVESTMENTS ........................................................... 5 IX. COLLATERALIZATION ......................................................................... 7 X. SAFEKEEPING...................................................................................... 8 XI. INTERNAL CONTROLS ........................................................................ 8 XII. REPORTING....................................................................................... 9 XIII. DEPOSITORIES ............................................................................... 10 XIV. AUDITS AND COMPLIANCE WITH LAWS ........................................ 10 XV. INVESTMENT POLICY ADOPTION.................................................... 10 XVI. INVESTMENT STRATEGIES ............................................................. 11 APPENDIX A. RESOLUTION .................................................................................... 12 i CITY OF CORPUS CHRISTI INVESTMENT POLICY AND INVESTMENT STRATEGIES Adopted, August 17, 2021 This Investment Policy ("Policy') sets forth the specific policies and guidelines and general strategy for the investment of funds of the City of Corpus Christi ("City") in order to achieve the City's goals of safety, liquidity, diversification, and yield and to preserve the public trust. This Policy satisfies the statutory requirements of the Public Funds Investment Act, Texas Government Code, Chapter 2256 ("Act") to define and adopt a formal investment policy and strategy and assures compliance with the Act. I. POLICY STATEMENT It is the policy of the City that the administration of its funds and the investment of those funds shall be handled as its highest public trust. Investments shall be made in a manner which will provide maximum security of principal invested through risk management and diversification strategies while meeting the cash flow needs of the City and conforming to all federal, State and local laws, rules and regulations governing the investment of public funds. The receipt of a reasonable yield is secondary to the requirements for safety and liquidity. Earnings from investment will be used in a manner that best serves the interests of the City. II. SCOPE This Policy governs the investment of all funds of the City as reported in the CAFR, except for the following: A. Employee's Retirement Fund, and B. Fireman's Retirement System. With respect to the funds of non-profit corporations that are established by City Council resolution and act on behalf of the City in accordance with State law, this Policy shall prevail in the absence of a specific investment policy adopted by the non-profit corporation. In addition to this Policy, the investment of bond proceeds and other bond funds (including debt and reserve funds) of the City or of a non-profit corporation established by the City and acting on behalf of the City in accordance with State law shall be governed and controlled by their creating ordinance, resolution or trust indenture, including the authorization of eligible investments, and by the provisions of the Internal Revenue Code of 1986, as amended, including all regulations and rulings promulgated thereunder applicable to the issuance of tax- exempt obligations. All funds in the investment portfolio ("Portfolio") of the City are managed as a pooled fund group, referenced in this Policy as the City's Pooled Fund, except the following, which are 1 managed as separately invested assets: A. Texas Utility System Junior Lien Revenue Improvement Bonds Escrow; B. Airport Passenger Facility Charges (PFC); and C. Law Enforcement Seized Assets. III. PRUDENCE The standard of care established by law to be used in the investment process shall be the "prudent person standard" and shall be applied in the context of managing the overall Portfolio, rather than a consideration as to the prudence of a single investment. The standard states that: Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. IV. OBJECTIVES All funds shall be managed and invested with four primary objectives, in order of their priority: A. Safety The preservation and safety of principal is the City's foremost objective. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Authorized investments are chosen for their high credit quality and stability. B. Liquidity The Portfolio shall remain sufficiently liquid, and retain a liquidity buffer, to assure that the City meets all reasonably anticipated expenditures. Investment decisions will be based on anticipated cash flows and only high-credit quality securities will be used for their marketability. C. Yield The Portfolio shall be designed with the objective of attaining a reasonable market yield taking into account the investment risk constraints and liquidity needs of the City. D. Diversification The City will diversify its investments by maturity and market sector in an effort to avoid incurring unreasonable and avoidable market risks. 2 V. LEGAL LIMITATIONS AND AUTHORITIES Specific investment parameters for the investment of public funds in Texas are found in the Act. All investments will be made in accordance with the Act, this Policy, and any applicable financial indentures or trust requirements. VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY All participants in the investment process shall seek to act responsibly as custodians of the public trust. A. City Council The City Council has ultimate fiduciary responsibility for all funds. The City Council is responsible for reviewing and adopting the Policy on no less than an annual basis. The City Council shall receive and review quarterly investment reports, approved by the Investment Committee, from the Investment Officers. B. Investment Committee An Investment Committee shall meet at least quarterly to review and determine operational strategies and to monitor investment results. The Investment Committee shall consist of the City Manager, Chief Financial Officer, Director of Finance & Business Analysis, Assistant Director of Finance & Business Analysis,and Director of Management and Budget. The Investment Committee shall include in its deliberation such topics as: economic outlook, diversification, maturity structure, risk, and performance of the portfolio. At least annually, the Investment Committee shall review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. The Investment Committee shall be responsible for monitoring, reviewing, and making recommendations regarding the Policy to the City Council. The Investment Committee will review quarterly investment reports before submission to the City Council. C. Investment Officers Investment Officers are designated by City Council resolution until such designation is rescinded. The authority to invest City funds and the execution of any documentation necessary is granted to the Investment Officers consisting of the Chief Financial Officer, Director of Finance & Business Analysis, Assistant Director of Finance & Business Analysis, City Treasurer and Investment Analyst. The Investment Officers are responsible for the daily operation of the investment program; shall comply with this Policy, the Act, and all applicable federal, State, and City laws, rules, and regulations; and will provide complete reports to the Investment Committee on a quarterly basis. The Investment Officers will retain all documentation on investment transactions. Each Investment Officer shall attend at least 10 hours of training within 12 months after taking office or designation as an Investment Officer and eight hours of investment training 3 in each succeeding two-year fiscal period. Training must be received from an independent source approved by the City's Investment Committee and must include education in investment controls, security risks, strategy risks, market risks, diversification of the investment portfolio and compliance with the Act. The Investment Officers will avoid any transaction that might impair public confidence in the City. The Investment Officers may not engage in an investment transaction except as provided under the terms of this Policy. In order to ensure quality and capability of investment management, the Investment Officers shall possess sufficient working knowledge of economics and securities markets, as well as the experience and judgment necessary to carry out the responsibilities outlined in this Policy. D. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. E. Ethics and Conflicts of Interest Investment Officers shall comply with the City's Code of Ethics which requires disclosure of financial interests each year. Investment Officers shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Investment Officers shall disclose to the City Council any material investment decisions and financial interests in institutions that conduct investment or banking transactions with the City. Investment Officers must file a disclosure statement with the Texas Ethics Commission and City Council if: 1. The Investment Officer has a personal business relationship with a business organization offering to engage in an investment transaction with the City (as defined in 2256.005 (i)(1-3)); or 2. The Investment Officer is related within the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code, to an individual seeking to transact investment business with the City. VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS All investment transactions shall be made through the financial institutions or broker/dealers approved by the Investment Committee. No investment transactions may be entered into with a brokerage subsidiary of the City's safekeeping bank in order to perfect delivery versus payment (DVP) requirements for trade independence. 4 The Investment Officers will provide each authorized financial institution and broker/dealer a copy of this Policy to ensure that they are familiar with the goals and objectives of the City as required by the Act. Investments shall only be made with those financial institutions or broker/dealers (including money market mutual funds and local government investment pools) which have provided the City with a written certification executed by a qualified representative of the firm acknowledging that the business organization has: A. Received, and thoroughly reviewed the Policy; and B. Implemented reasonable controls and procedures in an effort to preclude investment transactions not authorized by the Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the City's Portfolio or requires an interpretation of subjective investment standards. The Investment Officers will request the Investment Committee authorize the deletion of financial institutions or broker/dealers for: A. Slow response time; B. Inability to compete with other authorized firms; C. Insufficient market information on technical or fundamental expectations based on economic indicators; D. Failed transactions or continuing operations difficulties; or E. Unwillingness to abide by this Policy. VIII. AUTHORIZED INVESTMENTS A. Investments Authorized investments under this Policy shall be limited to the instruments listed below as further described bythe Act. If additional types of securities are approved for investment of public funds by State statute,they will not be eligible for investment by the City until this Policy has been amended and the amended version adopted by the City Council. The City is not required to liquidate investments that were authorized investments at the time of purchase (2256.017). 1. Obligations of the U.S. Government, its agencies and instrumentalities, excluding mortgage backed securities, with a maximum stated maturity of three years [2256.009(x)(1)]. 2. Fully Federal Deposit Insurance Corporation (FDIC) insured or collateralized depository certificates of deposit of a depository institution that has its main office or a branch office in Texas with a maximum maturity of two years (2256.010). 3. Fully collateralized direct repurchase agreements with a defined termination date secured in accordance with this Policy and placed through a primary government 5 securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this State. All repurchase agreement transactions shall be governed in accordance with the Act. The maximum stated maturity shall be one year with the exception of flex repurchase agreements used for bond proceeds capital projects. The flex repurchase agreement transaction shall be matched to the expenditure plan of the bonds (2256.011). 4. AAA, or equivalent, rated local government investment pools defined by the Act and striving to maintain a $1 net asset value and specifically approved for participation by a resolution of the City Council (2256.016). 5. AAA-rated, SEC registered no-load money market mutual funds which strive to maintain a $1 net asset value [2256.014(a)]. 6. Fully FDIC insured or collateralized interest-bearing depository accounts of banks in Texas [2256.009(x)(7)]. 7. General debt obligations of any U.S. states, agencies, counties, cities, and other political subdivisions of any state rated no less than A by a nationally recognized rating agency and with a maximum stated maturity of three years [2256.009(a)(5)]. 8. FDIC insured brokered certificate of deposit securities from a bank in any U.S. state, DVP to the City's safekeeping agent, not to exceed two years to maturity. Before purchase, the Investment Officers must verify the FDIC status of the bank on www.fdic.gov to assure the bank is FDIC insured [2256.010(b)]. 9. A1/131,or equivalent, rated commercial paper with a maximum maturity of 270 days subject to meeting one of the two stated conditions in Sec. 2256.013. (2256.013). 10. Guaranteed investment contracts with a maximum maturity of two years and executed in accordance with the Act (2256.015). 11. Securities lending transactions with primary dealers or banks doing business in Texas in accordance with the Act (2256.0115). B. Competitive Bidding Requirement It is the policy of the City to require competitive bidding for all security purchases and sales, except for: 1. Transactions with money market mutual funds and local government investment pools; 2. Treasury and agency securities purchased at issue; 3. Automatic overnight "sweep" transactions with the city depository; 4. Fully insured certificate of deposit placed in accordance with the Act [2256.010 (b)]; 5. Repurchase agreements; and 6. Guaranteed investment contracts. At least three bids or offers must be solicited for all other transactions involving individual securities. In situations where the exact security is not offered by other dealers, offers on the closest comparable investment may be used to establish a fair market price for the security. Bids for certificates of deposit may be solicited in any manner permitted by the Act. 6 C. DVP Requirement All transactions, excluding local government investment pool and mutual fund transactions, shall be conducted on a DVP basis. IX. COLLATERALIZATION The City requires that all uninsured collected balances plus accrued interest, if any, in depository accounts be secured in accordance with the requirements of the Depository Services Agreement, this Policy, the Public Funds Collateral Act (Texas Government Code, Chapter 2257), and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. A. Time and Demand Deposit Pledged Collateral Consistent with State law, the City requires all bank time and demand deposits to be federally insured and collateralized above federal insurance coverage with eligible securities. Depository collateral is pledged to and not owned by the City. All collateral shall be held by independent third-party custodian(s) approved by the City under an executed collateral agreement with the pledging bank. The custodian(s) shall provide a monthly report of the collateral. The value of pledged securities must be at least 102% of deposits including accrued interest. Eligible collateral securities shall only include: 1. Obligations of the U.S. Government, its agencies and instrumentalities, including mortgage backed securities and collateralized mortgage obligations passing the Federal Reserve bank test, 2. Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated not less than A by a nationally recognized rating agency, or 3. Letters of credit issued to the City by the Federal Home Loan Bank. The City's Investment Officers reserve the right to accept or reject any form of collateral or enhancement at their sole discretion. Collateralization often requires substitution. The substituted collateral's market value will be calculated and, if its market value is equal to or greater than the required collateral value, the substitution is allowed. Substitutions should be limited to minimize the City's transactional recording requirements. Should the collateral's market value exceed the required amount, the pledging Institution may request approval from an Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the total collateral market value exceeds the required amount. B. Repurchase Agreements Owned Collateral 7 Collateral under a repurchase agreement is owned by the City (2256.011). It will be held by an independent third-party safekeeping institution approved by the City under an executed Bond Market Master Repurchase Agreement. Securities (collateral) with a market value totaling 102% of the principal and accrued interest of the repurchase agreement is required, and the third-party is responsible for the monitoring and maintaining of collateral and margins daily. Authorized collateral for repurchase agreements will include only: 1. Cash; 2. Obligations of the U.S. Government, its agencies and instrumentalities including mortgage-backed securities and CMO which pass the bank test; or 3. Debt obligations of any U.S. state or U.S. state sub-division rated A or better by at least one nationally recognized rating agency. X. SAFEKEEPING The City shall maintain safekeeping with its banking institution or other banks for the safekeeping of City-owned securities (including those owned under a repurchase agreement or guaranteed investment contract). All collateral must be held in the City's name and must be so reflected on the safekeeping receipts. All security transactions shall be settled on a DVP basis by the safekeeping institution (2256.005). Securities shall not be held in any brokerage account. Securities shall not be bought from the City's depository bank in order to provide perfected DVP. The safekeeping institution shall be required to issue safekeeping receipts listing each specific security, rate, description, maturity, Committee on Uniform Security Identification Procedures (CUSIP) number, and other pertinent information which will be maintained by the Investment Officers. XI. INTERNAL CONTROLS The Investment Officers will maintain controls to regulate the activities of the investment program in accordance with this Policy. The controls shall be designed to prevent loss of funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions. Internal controls deemed most important would include: competitive bidding, control of collusion, separation of duties, safekeeping, delegation of authority, and documentation. In conjunction with the annual financial audit, a compliance audit of management controls on investments and adherence to this Policy shall be performed. A. Cash Flow Forecasting Cash flow analysis and forecasting is designed to protect and sustain cash flow requirements of the City. Executive management of the City will inform the Investment 8 Officers of anticipated cash flows which will be used for cash flow and investment purposes. B. Loss of Rating The Investment Officers shall monitor the credit rating on all authorized investments in the portfolio which require ratings by policy or law. Ratings will be based upon independent information from a nationally recognized rating agency. An investment that requires a minimum rating under the Act does not qualify as an authorized investment during the period the investment does not have the minimum rating. The City shall take all prudent measures that are consistent with this Policy to liquidate an investment that does not have the minimum rating. If any security falls below the minimum rating required by Policy or law, the Investment Officers shall notify the Committee of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within one week after the loss of the required rating (2256.021). C. Monitoring FDIC Coverage The Investment Officers shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered certificates of deposit owned by the City based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered certificates of deposit are owned by the City, the Investment Officers shall immediately liquidate any brokered certificate of deposit which places the City above the FDIC insurance level. XII. REPORTING In accordance with the Act (2256.023), not less than quarterly, the Investment Officers shall prepare and submit to the Investment Committee and City Council a written report of investment transactions for all funds covered by the Act and this Policy for the preceding reporting period within a reasonable time after the end of the period. The report must: A. Describe in detail the investment position of the portfolio on the date of the report; B. Be prepared jointly by all Investment Officers of the City; C. Be signed by each Investment Officer of the City; D. Contain a summary statement of each pooled fund group that states the: 1. Beginning market value for the reporting period; 2. Ending market value for the period; and 3. Fully accrued interest for the reporting period; E. State the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; F. State the maturity date of each separately invested asset that has a maturity date; G. State the account or fund or pooled group fund in City for which each individual investment was acquired; and H. State the compliance of the investment portfolio of the City as it relates to: 9 1. The investment strategy expressed in this Policy; and 2. Relevant provisions of Section 2256.023 of the Act. The quarterly reports prepared by the Investment Officers shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to City Council by that auditor. In addition to quarterly reports, the Investment Officers will submit to the Director of Financial Services the following reports on a monthly basis: A. Cash position by bank account; B. Collateral position; and C. Investment transaction. Market prices for market value calculations shall be obtained from nationally recognized securities databases including those provided by the City's depository bank through its safekeeping services and Bloomberg Professional Services. XIII. DEPOSITORIES The City designates one banking institution for banking services through a competitive process at least every five years. Written depository agreements shall be executed before funds are transferred. XIV. AUDITS AND COMPLIANCE WITH LAWS Each banking institution agrees to comply with all federal, State, and local laws, rules, and regulations. The personnel or officers of such institution shall be fully qualified and authorized under federal, State, and local law to perform the services set out under this Policy. Each institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records of all contracts, invoices, materials, and other data relating to applicable investments. XV. INVESTMENT POLICY ADOPTION The City Council shall review and adopt by resolution its Investment Policy and Investment Strategies not less than annually, and the approving resolution shall designate any changes made to the Policy and Strategies. 10 XVI. INVESTMENT STRATEGIES The City's Investment Portfolio ("Portfolio") will be designed and managed based on projected cash flows to provide for all anticipated and projected cash needs for each fund. The Portfolio is to be managed pro-actively considering ongoing market changes but is essentially a buy-and- hold portfolio. Information on expected expenditures from the executive management of the City will be incorporated into investment decisions. The overall investment program shall be designed and managed with a degree of professionalism worthy of public trust. The investment strategy for funds established after the annual Policy adoption will be managed in accordance with the terms of this Policy and applicable agreements until a specific strategy is reviewed and adopted. A. Pooled Fund Strategy The City's Pooled Fund is an aggregation of City funds which include tax receipts, enterprise revenue, fine and fee revenues, as well as, bond proceeds, grants, gifts, and endowments. The City's Pooled Fund may include funds from various Corporations associated with the City which receive income distributions from their pro-rata share of the full fund group. The City's Pooled Fund is maintained to meet anticipated daily cash needs for City operations, capital projects, and debt service payments.The objectives of this fund are to: 1. Ensure safety of principal by investing only in high-credit quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Limit market and credit risk through diversification; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy. The City's Pooled Fund shall have a maximum dollar-weighted average maturity (WAM) of one year (365 days) designed to meet anticipated cash flow needs. The fund shall be laddered based on cash flow analysis to provide ongoing liquidity for anticipated needs and provide for reasonable extension. A minimum of 15% of the City's Pooled Fund shall be held in cash or cash equivalents for liquidity and no more than 40% may be invested longer than one year. Changes in City cash flows may change percentage representations over time. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for a temporary period greater than thirty (30) days without the Investment Officers taking corrective action. The risks in the City's Pooled Fund shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the City's cash flow requirements. Because this fund is dictated by cash flow needs, the benchmark becomes a measure of risk which reflects the primary market rates matched to the WAM. With a maximum WAM of one year, the risk benchmark is established as the one-year Treasury 11 Bill for the comparable period. The fund should track the risk benchmark but will naturally lag as market interest rates, which adjust daily, move. B. Texas Utility System Junior Lien Revenue Improvement Bonds Escrow Fund Strategy This escrow fund was established pursuant to an escrow agreement dated as of August 29, 2017 with The Bank of New York Mellon Trust Company, N.A. Escrow will be maintained with The Bank of New York Mellon Trust Company, N.A. in investments authorized by the Act and this Policy. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the escrow agreement. C. Airport Passenger Facility Charges (PFC) Fund Strategy The Airport PFC Fund is revenue comprised of fees imposed as authorized by The Aviation Safety and Capacity Expansion Act of 1190 (Public Law 101-508, Title II, Subtitle B). The revenue is segregated as required by the Passenger Facility Charge Audit Guide for Public Agencies, issued by the Federal Aviation Administration. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the escrow agreement. D. Law Enforcement Seized Assets Fund Strategy The Law Enforcement Seized Assets Fund is comprised of seized contraband money that, per the Code of Criminal Procedure, Chapter 59, Article 8, may be deposited in an interest- bearing bank account in the jurisdiction of the attorney representing the State until final judgment is rendered concerning the contraband. The objective of this fund is to ensure safety of principal by investing only in a fully FDIC-insured or collateralized interest-bearing depository account of banks in Texas. Since the revenue will only be deposited into this type of investment,there is no liquidity risk, market risk, diversification risk, nor credit risk. 12 Ow- City of Corpus Christi Investment Policy and Investment Strategies Adopted August 17, 2021" TABLE OF CONTENTS I. POLICY STATEMENT............................................................................. 1 11. SCOPE................................................................................................. 1 III. PRUDENCE......................................................................................... 2 IV. OBJECTIVES ....................................................................................... 2 V. LEGAL LIMITATIONS AND AUTHORITIES ............................................. 3 VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY .......................... 3 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS ..... 4 VIII. AUTHORIZED INVESTMENTS ........................................................... 5 IX. COLLATERALIZATION ......................................................................... 7 X. SAFEKEEPING...................................................................................... 8 XI. INTERNAL CONTROLS ........................................................................ 8 XII. REPORTING....................................................................................... 9 XIII. DEPOSITORIES ............................................................................... 10 XIV. AUDITS AND COMPLIANCE WITH LAWS ........................................ 10 XV. INVESTMENT POLICY ADOPTION.................................................... 10 XVI. INVESTMENT STRATEGIES ............................................................. 11 APPENDIX A. RESOLUTION .................................................................................... 12 i CITY OF CORPUS CHRISTI INVESTMENT POLICY AND INVESTMENT STRATEGIES Adopted, August 17, 20L124,-242-9 This Investment Policy ("Policy") sets forth the specific policies and guidelines and general strategy for the investment of funds of the City of Corpus Christi ("City") in order to achieve the City's goals of safety, liquidity, diversification, and yield and to preserve the public trust. This Policy satisfies the statutory requirements of the Public Funds Investment Act, Texas Government Code, Chapter 2256 ("Act") to define and adopt a formal investment policy and strategy and assures compliance with the Act. I. POLICY STATEMENT It is the policy of the City that the administration of its funds and the investment of those funds shall be handled as its highest public trust. Investments shall be made in a manner which will provide maximum security of principal invested through risk management and diversification strategies while meeting the cash flow needs of the City and conforming to all federal, State and local laws, rules and regulations governing the investment of public funds. The receipt of a reasonable yield is secondary to the requirements for safety and liquidity. Earnings from investment will be used in a manner that best serves the interests of the City. II. SCOPE This Policy governs the investment of all funds of the City as reported in the CAFR, except for the following: A. Employee's Retirement Fund, and B. Fireman's Retirement System. With respect to the funds of non-profit corporations that are established by City Council resolution and act on behalf of the City in accordance with State law,this Policy shall prevail in the absence of a specific investment policy adopted by the non-profit corporation. In addition to this Policy, the investment of bond proceeds and other bond funds (including debt and reserve funds) of the City or of a non-profit corporation established by the City and acting on behalf of the City in accordance with State law shall be governed and controlled by their creating ordinance, resolution or trust indenture, including the authorization of eligible investments, and by the provisions of the Internal Revenue Code of 1986, as amended, including all regulations and rulings promulgated thereunder applicable to the issuance of tax- exempt obligations. All funds in the investment portfolio ("Portfolio") of the City are managed as a pooled fund group, referenced in this Policy as the City's Pooled Fund, except the following, which are 1 managed as separately invested assets: A. Texas Utility System Junior Lien Revenue Improvement Bonds Escrow; B. Airport Passenger Facility Charges (PFC); and C. Law Enforcement Seized Assets. III. PRUDENCE The standard of care established by law to be used in the investment process shall be the "prudent person standard" and shall be applied in the context of managing the overall Portfolio, rather than a consideration as to the prudence of a single investment. The standard states that: Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. IV. OBJECTIVES All funds shall be managed and invested with four primary objectives, in order of their priority: A. Safety The preservation and safety of principal is the City's foremost objective. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Authorized investments are chosen for their high credit quality and stability. B. Liquidity The Portfolio shall remain sufficiently liquid, and retain a liquidity buffer, to assure that the City meets all reasonably anticipated expenditures. Investment decisions will be based on anticipated cash flows and only high-credit quality securities will be used for their marketability. C. Yield The Portfolio shall be designed with the objective of attaining a reasonable market yield taking into account the investment risk constraints and liquidity needs of the City. D. Diversification The City will diversify its investments by maturity and market sector in an effort to avoid incurring unreasonable and avoidable market risks. 2 V. LEGAL LIMITATIONS AND AUTHORITIES Specific investment parameters for the investment of public funds in Texas are found in the Act. All investments will be made in accordance with the Act, this Policy, and any applicable financial indentures or trust requirements. VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY All participants in the investment process shall seek to act responsibly as custodians of the public trust. A. City Council The City Council has ultimate fiduciary responsibility for all funds. The City Council is responsible for reviewing and adopting the Policy on no less than an annual basis. The City Council shall receive and review quarterly investment reports, approved by the Investment Committee, from the Investment Officers. B. Investment Committee An Investment Committee shall meet at least quarterly to review and determine operational strategies and to monitor investment results. The Investment Committee shall consist of the City Manager, Chief Financial Officer, Director of Finance & Business Analysis, Assistant Director of Finance & Business Analysis,and Director of Management and Budget. The Investment Committee shall include in its deliberation such topics as: economic outlook, diversification, maturity structure, risk, and performance of the portfolio. At least annually, the Investment Committee shall review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. The Investment Committee shall be responsible for monitoring, reviewing, and making recommendations regarding the Policy to the City Council. The Investment Committee will review quarterly investment reports before submission to the City Council. C. Investment Officers Investment Officers are designated by City Council resolution until such designation is rescinded. The authority to invest City funds and the execution of any documentation necessary is granted to the Investment Officers consisting of the Chief Financial Officer, Director of Finance & Business Analysis, Assistant Director of Finance & Business Analysis, City Treasurer and Investment Analyst. The Investment Officers are responsible for the daily operation of the investment program; shall comply with this Policy, the Act, and all applicable federal, State, and City laws, rules, and regulations; and will provide complete reports to the Investment Committee on a quarterly basis. The Investment Officers will retain all documentation on investment transactions. Each Investment Officer shall attend at least 10 hours of training within 12 months after taking office or designation as an Investment Officer and eight hours of investment training 3 in each succeeding two-year fiscal period. Training must be received from an independent source approved by the City's Investment Committee and must include education in investment controls, security risks, strategy risks, market risks, diversification of the investment portfolio and compliance with the Act. The Investment Officers will avoid any transaction that might impair public confidence in the City. The Investment Officers may not engage in an investment transaction except as provided under the terms of this Policy. In order to ensure quality and capability of investment management, the Investment Officers shall possess sufficient working knowledge of economics and securities markets, as well as the experience and judgment necessary to carry out the responsibilities outlined in this Policy. D. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. E. Ethics and Conflicts of Interest Investment Officers shall comply with the City's Code of Ethics which requires disclosure of financial interests each year. Investment Officers shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Investment Officers shall disclose to the City Council any material investment decisions and financial interests in institutions that conduct investment or banking transactions with the City. Investment Officers must file a disclosure statement with the Texas Ethics Commission and City Council if: 1. The Investment Officer has a personal business relationship with a business organization offering to engage in an investment transaction with the City (as defined in 2256.005 (i)(1-3)); or 2. The Investment Officer is related within the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code, to an individual seeking to transact investment business with the City. VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS All investment transactions shall be made through the financial institutions or broker/dealers approved by the Investment Committee. No investment transactions may be entered into with a brokerage subsidiary of the City's safekeeping bank in order to perfect delivery versus payment (DVP) requirements for trade independence. 4 The Investment Officers will provide each authorized financial institution and broker/dealer a copy of this Policy to ensure that they are familiar with the goals and objectives of the City as required by the Act. Investments shall only be made with those financial institutions or broker/dealers (including money market mutual funds and local government investment pools) which have provided the City with a written certification executed by a qualified representative of the firm acknowledging that the business organization has: A. Received, and thoroughly reviewed the Policy; and B. Implemented reasonable controls and procedures in an effort to preclude investment transactions not authorized by the Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the City's Portfolio or requires an interpretation of subjective investment standards. The Investment Officers will request the Investment Committee authorize the deletion of financial institutions or broker/dealers for: A. Slow response time; B. Inability to compete with other authorized firms; C. Insufficient market information on technical or fundamental expectations based on economic indicators; D. Failed transactions or continuing operations difficulties; or E. Unwillingness to abide by this Policy. VIII. AUTHORIZED INVESTMENTS A. Investments Authorized investments under this Policy shall be limited to the instruments listed below as further described bythe Act. If additional types of securities are approved for investment of public funds by State statute,they will not be eligible for investment by the City until this Policy has been amended and the amended version adopted by the City Council. The City is not required to liquidate investments that were authorized investments at the time of purchase (2256.017). 1. Obligations of the U.S. Government, its agencies and instrumentalities, excluding mortgage backed securities, with a maximum stated maturity of three years [2256.009(x)(1)]. 2. Fully Federal Deposit Insurance Corporation (FDIC) insured or collateralized depository certificates of deposit of a depository institution that has its main office or a branch office in Texas with a maximum maturity of two years (2256.010). 3. Fully collateralized direct repurchase agreements with a defined termination date secured in accordance with this Policy and placed through a primary government 5 securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this State. All repurchase agreement transactions shall be governed in accordance with the Act. The maximum stated maturity shall be one year with the exception of flex repurchase agreements used for bond proceeds capital projects. The flex repurchase agreement transaction shall be matched to the expenditure plan of the bonds (2256.011). 4. AAA, or equivalent, rated local government investment pools defined by the Act and striving to maintain a $1 net asset value and specifically approved for participation by a resolution of the City Council (2256.016). 5. AAA-rated, SEC registered no-load money market mutual funds which strive to maintain a $1 net asset value [2256.014(a)]. 6. Fully FDIC insured or collateralized interest-bearing depository accounts of banks in Texas [2256.009(x)(7)]. 7. General debt obligations of any U.S. states, agencies, counties, cities, and other political subdivisions of any state rated no less than A by a nationally recognized rating agency and with a maximum stated maturity of three years [2256.009(a)(5)]. 8. FDIC insured brokered certificate of deposit securities from a bank in any U.S. state, DVP to the City's safekeeping agent, not to exceed two years to maturity. Before purchase, the Investment Officers must verify the FDIC status of the bank on www.fdic.gov to assure the bank is FDIC insured [2256.010(b)]. 9. A1/131,or equivalent, rated commercial paper with a maximum maturity of 270 days subject to meeting one of the two stated conditions in Sec. 2256.013. (2256.013). 10. Guaranteed investment contracts with a maximum maturity of two years and executed in accordance with the Act (2256.015). 11. Securities lending transactions with primary dealers or banks doing business in Texas in accordance with the Act (2256.0115). B. Competitive Bidding Requirement It is the policy of the City to require competitive bidding for all security purchases and sales, except for: 1. Transactions with money market mutual funds and local government investment pools; 2. Treasury and agency securities purchased at issue; 3. Automatic overnight "sweep" transactions with the city depository; 4. Fully insured certificate of deposit placed in accordance with the Act [2256.010 (b)]; 5. Repurchase agreements; and 6. Guaranteed investment contracts. At least three bids or offers must be solicited for all other transactions involving individual securities. In situations where the exact security is not offered by other dealers, offers on the closest comparable investment may be used to establish a fair market price for the security. Bids for certificates of deposit may be solicited in any manner permitted by the Act. 6 C. DVP Requirement All transactions, excluding local government investment pool and mutual fund transactions, shall be conducted on a DVP basis. IX. COLLATERALIZATION The City requires that all uninsured collected balances plus accrued interest, if any, in depository accounts be secured in accordance with the requirements of the Depository Services Agreement, this Policy, the Public Funds Collateral Act (Texas Government Code, Chapter 2257), and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. A. Time and Demand Deposit Pledged Collateral Consistent with State law, the City requires all bank time and demand deposits to be federally insured and collateralized above federal insurance coverage with eligible securities. Depository collateral is pledged to and not owned by the City. All collateral shall be held by independent third-party custodian(s) approved by the City under an executed collateral agreement with the pledging bank. The custodian(s) shall provide a monthly report of the collateral. The value of pledged securities must be at least 102%of deposits including accrued interest. Eligible collateral securities shall only include: 1. Obligations of the U.S. Government, its agencies and instrumentalities, including mortgage backed securities and collateralized mortgage obligations passing the Federal Reserve bank test, 2. Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated not less than A by a nationally recognized rating agency, or 3. Letters of credit issued to the City by the Federal Home Loan Bank. The City's Investment Officers reserve the right to accept or reject any form of collateral or enhancement at their sole discretion. Collateralization often requires substitution. The substituted collateral's market value will be calculated and, if its market value is equal to or greater than the required collateral value, the substitution is allowed. Substitutions should be limited to minimize the City's transactional recording requirements. Should the collateral's market value exceed the required amount, the pledging Institution may request approval from an Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the total collateral market value exceeds the required amount. B. Repurchase Agreements Owned Collateral 7 Collateral under a repurchase agreement is owned by the City (2256.011). It will be held by an independent third-party safekeeping institution approved by the City under an executed Bond Market Master Repurchase Agreement. Securities (collateral) with a market value totaling 102% of the principal and accrued interest of the repurchase agreement is required, and the third-party is responsible for the monitoring and maintaining of collateral and margins daily. Authorized collateral for repurchase agreements will include only: 1. Cash; 2. Obligations of the U.S. Government, its agencies and instrumentalities including mortgage-backed securities and CMO which pass the bank test; or 3. Debt obligations of any U.S. state or U.S. state sub-division rated A or better by at least one nationally recognized rating agency. X. SAFEKEEPING The City shall maintain safekeeping with its banking institution or other banks for the safekeeping of City-owned securities (including those owned under a repurchase agreement or guaranteed investment contract). All collateral must be held in the City's name and must be so reflected on the safekeeping receipts. All security transactions shall be settled on a DVP basis by the safekeeping institution (2256.005). Securities shall not be held in any brokerage account. Securities shall not be bought from the City's depository bank in order to provide perfected DVP. The safekeeping institution shall be required to issue safekeeping receipts listing each specific security, rate, description, maturity, Committee on Uniform Security Identification Procedures (CUSIP) number, and other pertinent information which will be maintained by the Investment Officers. XI. INTERNAL CONTROLS The Investment Officers will maintain controls to regulate the activities of the investment program in accordance with this Policy. The controls shall be designed to prevent loss of funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions. Internal controls deemed most important would include: competitive bidding, control of collusion, separation of duties, safekeeping, delegation of authority, and documentation. In conjunction with the annual financial audit, a compliance audit of management controls on investments and adherence to this Policy shall be performed. A. Cash Flow Forecasting Cash flow analysis and forecasting is designed to protect and sustain cash flow requirements of the City. Executive management of the City will inform the Investment 8 Officers of anticipated cash flows which will be used for cash flow and investment purposes. B. Loss of Rating The Investment Officers shall monitor the credit rating on all authorized investments in the portfolio which require ratings by policy or law. Ratings will be based upon independent information from a nationally recognized rating agency. An investment that requires a minimum rating under the Act does not qualify as an authorized investment during the period the investment does not have the minimum rating. The City shall take all prudent measures that are consistent with this Policy to liquidate an investment that does not have the minimum rating. If any security falls below the minimum rating required by Policy or law, the Investment Officers shall notify the Committee of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within one week after the loss of the required rating (2256.021). C. Monitoring FDIC Coverage The Investment Officers shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered certificates of deposit owned by the City based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered certificates of deposit are owned by the City, the Investment Officers shall immediately liquidate any brokered certificate of deposit which places the City above the FDIC insurance level. XII. REPORTING In accordance with the Act (2256.023), not less than quarterly, the Investment Officers shall prepare and submit to the Investment Committee and City Council a written report of investment transactions for all funds covered by the Act and this Policy for the preceding reporting period within a reasonable time after the end of the period. The report must: A. Describe in detail the investment position of the portfolio on the date of the report; B. Be prepared jointly by all Investment Officers of the City; C. Be signed by each Investment Officer of the City; D. Contain a summary statement of each pooled fund group that states the: 1. Beginning market value for the reporting period; 2. Ending market value for the period; and 3. Fully accrued interest for the reporting period; E. State the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; F. State the maturity date of each separately invested asset that has a maturity date; G. State the account or fund or pooled group fund in City for which each individual investment was acquired; and H. State the compliance of the investment portfolio of the City as it relates to: 9 1. The investment strategy expressed in this Policy; and 2. Relevant provisions of Section 2256.023 of the Act. The quarterly reports prepared by the Investment Officers shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to City Council by that auditor. In addition to quarterly reports,the Investment Officers will submit to the Director of Financial Services the following reports on a monthly basis: A. Cash position by bank account; B. Collateral position; and C. Investment transaction. Market prices for market value calculations shall be obtained from nationally recognized securities databases including those provided by the City's depository bank through its safekeeping services and Bloomberg Professional Services. XIII. DEPOSITORIES The City designates one banking institution for banking services through a competitive process at least every five years. Written depository agreements shall be executed before funds are transferred. XIV. AUDITS AND COMPLIANCE WITH LAWS Each banking institution agrees to comply with all federal, State, and local laws, rules, and regulations. The personnel or officers of such institution shall be fully qualified and authorized under federal, State, and local law to perform the services set out under this Policy. Each institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records of all contracts, invoices, materials, and other data relating to applicable investments. XV. INVESTMENT POLICY ADOPTION The City Council shall review and adopt by resolution its Investment Policy and Investment Strategies not less than annually, and the approving resolution shall designate any changes made to the Policy and Strategies. 10 XVI. INVESTMENT STRATEGIES The City's Investment Portfolio ("Portfolio") will be designed and managed based on projected cash flows to provide for all anticipated and projected cash needs for each fund. The Portfolio is to be managed pro-actively considering ongoing market changes but is essentially a buy-and- hold portfolio. Information on expected expenditures from the executive management of the City will be incorporated into investment decisions. The overall investment program shall be designed and managed with a degree of professionalism worthy of public trust. The investment strategy for funds established after the annual Policy adoption will be managed in accordance with the terms of this Policy and applicable agreements until a specific strategy is reviewed and adopted. A. Pooled Fund Strategy The City's Pooled Fund is an aggregation of City funds which include tax receipts, enterprise revenue, fine and fee revenues, as well as, bond proceeds, grants, gifts, and endowments. The City's Pooled Fund may include funds from various Corporations associated with the City which receive income distributions from their pro-rata share of the full fund group. The City's Pooled Fund is maintained to meet anticipated daily cash needs for City operations, capital projects, and debt service payments. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high-credit quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Limit market and credit risk through diversification; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy. The City's Pooled Fund shall have a maximum dollar-weighted average maturity (WAM) of one year (365 days) designed to meet anticipated cash flow needs. The fund shall be laddered based on cash flow analysis to provide ongoing liquidity for anticipated needs and provide for reasonable extension. A minimum of 15% of the City's Pooled Fund shall be held in cash or cash equivalents for liquidity and no more than 40% may be invested longer than one year. Changes in City cash flows may change percentage representations over time. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for a temporary period greater than thirty (30) days without the Investment Officers taking corrective action. The risks in the City's Pooled Fund shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the City's cash flow requirements. Because this fund is dictated by cash flow needs, the benchmark becomes a measure of risk which reflects the primary market rates matched to the WAM. With a maximum WAM of one year, the risk benchmark is established as the one-year Treasury 11 Bill for the comparable period. The fund should track the risk benchmark but will naturally lag as market interest rates, which adjust daily, move. B. Texas Utility System Junior Lien Revenue Improvement Bonds Escrow Fund Strategy This escrow fund was established pursuant to an escrow agreement dated as of August 29, 2017 with The Bank of New York Mellon Trust Company, N.A. Escrow will be maintained with The Bank of New York Mellon Trust Company, N.A. in investments authorized by the Act and this Policy. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the escrow agreement. C. Airport Passenger Facility Charges (PFC) Fund Strategy The Airport PFC Fund is revenue comprised of fees imposed as authorized by The Aviation Safety and Capacity Expansion Act of 1190 (Public Law 101-508, Title II, Subtitle B). The revenue is segregated as required by the Passenger Facility Charge Audit Guide for Public Agencies, issued by the Federal Aviation Administration. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the escrow agreement. D. Law Enforcement Seized Assets Fund Strategy The Law Enforcement Seized Assets Fund is comprised of seized contraband money that, per the Code of Criminal Procedure, Chapter 59, Article 8, may be deposited in an interest- bearing bank account in the jurisdiction of the attorney representing the State until final judgment is rendered concerning the contraband. The objective of this fund is to ensure safety of principal by investing only in a fully FDIC-insured or collateralized interest-bearing depository account of banks in Texas. Since the revenue will only be deposited into this type of investment,there is no liquidity risk, market risk, diversification risk, nor credit risk. 12 so �o o� A v WoRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 17, 2021 DATE: August 17, 2021 TO: Peter Zanoni, City Manager FROM: Judy Villalon, City Treasurer J udyAVCa)-CCTexas.com (361) 826-3651 Resolution Authorizing Participation in the TexasCLASS & TexasCLASS Government Investment Pools CAPTION: Resolution authorizing enrollment in the Texas CLASS & Texas CLASS Government Investment Pools. SUMMARY: Resolution authorizing enrollment in TexasCLASS & TexasCLASS Government, local government investment pools that are authorized under the Public Funds Investment Act and the City of Corpus Christi's Investment Policy and Investment Strategy. BACKGROUND AND FINDINGS: The Investment Policy and Investment Strategy of City of Corpus Christi includes Local Government Investment Pools, defined by the Public Funds Investment Act, as an authorized investment option. The addition of another Local Government Investment Pool provides for investment diversity and the opportunity to move investments between pools to take advantage of diverse investment strategies and different earnings rates. After an analysis, the Investment Committee recommended the addition of TexasCLASS & TexasCLASS Government to our current authorized Local Government Investment Pools. Documents needed for enrollment are the Resolution to Participate, Participation Certificate,Trust Registration, Account to be Established, and Authorized Contacts; these documents are all included in the Texas CLASS Registration Packet. The Authorized Contacts will be the Investment Officers as provided by the Investment Policy and include: Chief Financial Officer- Constance P. Sanchez, Director of Finance & Business Analysis — Heather Hurlbert, Assistant Director of Finance & Business Analysis — Alma I. Casas, City Treasurer — Judy Villalon, and Investment Analyst— Rodolfo Pena, Jr. Read Only access will be granted to the Cash Management's Accounting Assistant, Kathy Gonzalez. ALTERNATIVES: N/A FISCAL IMPACT: N/A Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: It is the recommendation of the Investment Committee to approve the Resolution to Participate in the Texas CLASS and Texas CLASS Government Pools. LIST OF SUPPORTING DOCUMENTS: Texas CLASS Resolution to Participate Texas LTexas Cooperative Liquid Assets Securities System Trust Resolution to Participate WHEREAS, the Public Funds Investment Act, Texas Government Code, Section 2256.001 et seq. (the Act) requires the governing body of each local government in this state to adopt investment policies in accordance with the terms of the Act; and WHEREAS, pursuant to the requirements of the Act, the Board of Trustees (the Governing Body) of the City of Corpus Christi (the Local Government) has previously reviewed and adopted an investment policy (the Policy) that provides in part that the funds of the local government will be invested in investments permitted by the Act in order to: (i) invest only in investments legally permitted under Texas law; (ii) minimize risk by managing portfolio investments so as to preserve principal and maintain a stable net asset value; (iii) manage portfolio investments to ensure that cash will be available as required to finance operations; and (iv) maximize current income to the degree consistent with legality, safety, and liquidity; and WHEREAS, pursuant to the Policy and the Act, the Local Government has appointed Judy Villalon (the Investment Officer) to act as the investment officer of the Local Government; and WHEREAS, the Act provides that funds under the control of a Local Government may be invested through investment pools meeting the standards of Section 2256.016 of the Act; and WHEREAS, the Local Government has received and reviewed the Information Statement, dated December 2016 (the Information Statement), of Texas Cooperative Liquid Assets Securities System Trust (the Program), an investment pool administered by Public Trust Advisors, LLC that sets forth the information required by Section 2256.016(b) of the Act; and WHEREAS, the Local Government has determined that the investments proposed to be acquired by the Program are of a type that are permitted by the Act and are consistent with the Policy; and WHEREAS, the Local Government has determined that an investment in the Program will assist the Local Government in achieving the goals set forth in the Policy and will tend to preclude imprudent investment activities arising out of investment transactions conducted between the Local Government and the Program; and WHEREAS, the Local Government understands that the Program operates through the Ninth Amended and Restated Trust Agreement dated as of February 25, 2021 (the Trust Agreement), that provides the terms on which the Program will operate and the rights of the Participants in the Program and sets forth the responsibilities of Public Trust Advisors, LLC as the administrator of the Program (the Administrator) and of UMB Bank as custodian (the Custodian); 717 17th Street, Suite 1850 T (800) 707-6242 clientservices@texasclass.com Denver, Colorado 80202 F (855) 848-9910 www.texasclass.com Page 3 Texas LTexas Cooperative Liquid Assets Securities System Trust NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE LOCAL GOVERNMENT: That the form, terms, and provisions of the Trust Agreement, a draft of which was presented and reviewed at this meeting, providing for the creation of the Program and for the rights of the Program Participants and the duties and responsibilities of the Administrator be and the same are hereby approved and adopted; and that the Investment Officer be and he or she is hereby authorized and directed to execute and deliver to the Administrator and the Custodian in the name and on behalf of the Local Government a participation certificate evidencing the agreement of the Local Government to be bound by the Trust Agreement substantially in the form of the Trust Agreement reviewed and approved at this meeting, together with such changes therein as may be approved by the said officer, such approval to be conclusively evidenced by the execution thereof; and be it further Resolved that the investment program established by the Trust Agreement is hereby found and determined to be consistent with the Policy and to preclude imprudent investment activities arising out of investment transactions conducted between the Local Government and the Program; and be it further Resolved that the Governing Body hereby officially finds and determines that the facts and recitations contained in the preamble of this Resolution are true and correct; and be it further Resolved that the Governing Body hereby finds and declares that written notice of the date, hour, place, and subject of the meeting at which this Resolution was adopted was posted for the time required by law preceding this meeting and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter thereof were discussed, considered, and formally acted upon all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act; and be it further Resolved that the officers of the Local Government, and each of them, shall be and each is expressly authorized, empowered, and directed from time-to-time to do and perform all acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the Local Government all certificates, instruments, and other papers, whether or not herein mentioned, as they may determine to be necessary or desirable in order to carry out the terms and provisions of this Resolution and of the Trust Agreement hereby authorized and approved, such determination to be conclusively evidenced by the performance of such acts and things and the execution of any such certificate, financing statement, instrument, or other paper; and be it further Resolved that this Resolution shall take effect and be in full force upon and after its passage. Paulette M. Guajardo Authorized Signature Date Printed Name Rebecca Huerta Authorized Signature Date Printed Name 717 17th Street, Suite 1850 T (800) 707-6242 clientservices@texasclass.com Denver, Colorado 80202 F (855) 848-9910 www.texasclass.com Page 4 4pUS C 00 U AGENDA MEMORANDUM NOAP F PS E 1852 Action Item for the North Padre Island Development Corporation Meeting of August 17, 2021 DATE: August 9, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, Director of Finance and Business Analysis Heatherh3(a)cctexas.com (361) 826-3227 North Padre Island Development Corporation Meeting CAPTION: Annual meeting of the North Padre Island Development Corporation SUMMARY: This is the annual meeting of the North Padre Island Development Corporation (NPIDC). The NPIDC must have at least one annual meeting. The agenda will consist of the following substantial items: • Annual approval of the NPIDC investment policy • Approval of the TIRZ #2 FY2022 budget BACKGROUND AND FINDINGS: Items included on the meeting agenda include: • Election of Officers • Approval of August 25, 2020 Meeting Minutes • Treasurer's Report • Motion approving expenditures in accordance with the proposed TIRZ #2 FY2021-2022 Budget • Resolution amending and reaffirming the NPIDC Investment Policy and Investment Strategies for FY2021-2022 The NPIDC is a local government corporation. The NPIDC issued the bonds for the Packery Channel Project. To repay the bonds, the NPIDC receives the tax increment funds from the TIRZ #2 and the City. The NPIDC manages the funds and uses them to repay the bonds and other obligations, to cover administrative expenses of the TIRZ #2, and for other approved TIRZ #2 projects consistent with the project plan. NPIDC action is required to approve expenditures. ALTERNATIVES: Approval of NPIDC Investment Policy and Investment Strategies. Since the City of Corpus Christi currently adopts an annual Investment Policy — that includes a section on investment strategy — it is recommended that NPIDC approve the City's Investment Policy by resolution. FISCAL IMPACT: The FY2022 TIRZ#2 Budget is budgeted in the Special Revenue Fund 1111 (North Padre Island). Revenue for this fund is derived from the Tax Increment Reinvestment Zone Number Two (TIRZ #2), Corpus Christi, as it is a contributing partnership between the City of Corpus Christi, Nueces County and the Hospital District. Total proposed revenues for FY2022 are $5,121,746. Total proposed expenditures are $1,754,276. Funding Detail: Fund: 1111 Reinvestment Zone #2 (TIF #2) Organization/Activity: All Mission Element: 707 Economic Development Project # (CIP Only): N/A Account: All RECOMMENDATION: Staff recommends approving all items as presented in the NPIDC Agenda. LIST OF SUPPORTING DOCUMENTS: August 25, 2020, Meeting Minutes Treasurer's Report Motion — FY2022 TIRZ #2 Budget Resolution — Investment Policy and Investment Strategy AGENDA NORTH PADRE ISLAND DEVELOPMENT CORPORATION MEETING Date: Tuesday,August 17, 2021 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street Corpus Christi,Texas 78401 1. Call meeting to order: Secretary Rebecca Huerta calls roll. Board of Directors Officers Greg Smith, President Peter Zanoni, Executive Director John Martinez Rebecca Huerta, Secretary Gil Hernandez Heather Hurlbert, Treasurer Billy Lerma Judy Villalon, Assistant Treasurer Michael Hunter Ben Molina Roland Barrera Paulette Guajardo Mike Pusley 2. Public Comment 3. Election of Officers 4. Approve minutes from the Board meeting of August 25, 2020 5. Treasurer's Report 6. Motion approving expenditures in accordance with the proposed TIRZ#2 FY 2021-2022 Budget 7. Resolution amending and reaffirming the North Padre Island Development Corporation's Investment Policy and Investment Strategies for fiscal year 2021-2022. 8. Adjourn NORTH PADRE ISLAND DEVELOPMENT CORPORATION CITY HALL— COUNCIL CHAMBERS 1201 LEOPARD ST. TUESDAY, AUGUST 25, 2020 DURING THE CITY COUNCIL MEETING BEGINNING AT 11:30 A.M. PRESENT: Members Staff Greg Smith, President Peter Zanoni, Executive Director Joe McComb, Vice President Rebecca L. Huerta, Secretary Roland Barrera Paul Pierce, Assistant Secretary Rudy Garza Heather Hurlbert, Treasurer Paulette Guajardo Judy Villalon, Assistant Treasurer Gil Hernandez Michael Hunter Ben Molina Everett Roy ABSENT: Members None 1. Call meeting to order— President Smith called the meeting to order at 2:08 p.m. Secretary Rebecca L. Huerta called the roll and verified that the necessary quorum of the board and the required officers were present to conduct the meeting. 2. Public Comment There were no comments from the public. 3. Election of Officers President Smith asked for nominations for President. Board Member Molina nominated Greg Smith as President, seconded by Board Member Barrera and passed unanimously. President Smith asked for nominations for Vice President. Board Member Smith nominated Joe McComb as Vice President, seconded by Board Member Hunter and passed unanimously. Board Member Molina nominated Peter Zanoni as Executive Director, Rebecca Huerta as Secretary, Paul Pierce as Assistant Secretary, Heather Hurlbert as Treasurer and Judy Villalon as Assistant Treasurer, seconded by Board Member Hunter and passed unanimously. 4. Approval of the Minutes of the December 10, 2019 Meeting Board Member Molina made a motion to approve the minutes, seconded by Board Member Barrera and passed unanimously. 5. Treasurer's Report Treasurer Heather Hurlbert provided the treasurer's report ending June 30, 2020, which included: revenues; expenditures; and fund balance. There were no questions from the Board. 6. Motion approving expenditures in accordance with the proposed Tax Increment Reinvestment Zone #2 FY 2020-2021 budget. Eddie Houlihan presented the following information: budgeted revenues; proposed expenses; and budget overview. There were no questions from the Board. Board Member Barrera made a motion to approve Item 6, seconded by Board Member Molina and passed unanimously. 7. Resolution amending and reaffirming the North Padre Island Development Corporation's Investment Policy and Investment Strategies for fiscal year 2020- 2021. Treasurer Heather Hurlbert stated that the City has adopted a new investment policy and strategy with changes reflecting those through our legislative session, so this is the same policy that needs to be adopted by the corporation so that the investment policies and strategies are the same between both entities. There were no questions from the Board. Board Member Barrera made a motion to approve Item 7, seconded by Board Member Molina and passed unanimously. 8. Resolution amending the TexPool authorized representatives. No report presented. Board Member Molina made a motion to approve Item 8, seconded by Board Member Barrera and passed unanimously. 9. Motion approving the expenditure of $156,472.00 for additional monitoring of the Packery Channel related to an assessment of damage caused by Hurricane Hanna. Keith Selman stated that the purpose of this item is for a post storm survey around the Packery Channel to determine the impact on the shoreline. Conrad Blucher Institute for Surveying and Science Coastal Research Scientist Deidre Williams stated that the contract is being expedited on the Texas A&M side, and once the storm surge has subsided then they should be able to survey the area within three weeks. There were no questions from the Board. Board Member Hunter made a motion to approve Item 9, seconded by Board Member Molina and passed unanimously. 10. Adjourn There being no further business, President Smith adjourned the meeting at 2:19 p.m. North Padre Island Development Corporation Financial Report • NPIDC Board Meeting August 17, 2021 NPIDC Fund Financial Position for the Nine Months Ended June 30, 2021 Beginning FY20 Fund Balance $1,763,795 Revenues Year-to-Date $4,445,573 Expenditures Year-to-Date $76,644 Transfers Out $86,292 Ending Fund Balance June 30 $6,046,432 Balance in CIP fund $14,115,671 mommommommmomm z City of Corpus Reinvestment Zone No. 2 Fund 1111 Original Amended Account Actuals Budget Budget Estimated Proposed Number Account Description 2019 - 2020 2020- 2021 2020- 2021 2020- 2021 2021 -2022 Beginning Balance $ 14,806,572 $ 1,763,796 $ 1,763,796 $ 1,763,796 $ 4,515,879 Revenues: 300020 RIVZ#2 current taxes-City $ 2,626,395 $ 2,857,151 $ 2,857,151 $ 2,724,341 $ 3,055,011 300050 RIVZ#2 current taxes-County 1,257,146 1,336,188 1,336,188 1,309,402 1,454,622 300060 RIVZ #2 current taxes-Hospital 454,769 482,097 482,097 467,508 528,613 300110 RIVZ#2 delinquent taxes-City 40,879 22,000 22,000 13,056 22,000 300140 RIVZ#2 delinquent taxes-County 20,409 15,000 15,000 5,005 8,000 300150 RIVZ#2 delinqnt taxes-Hospital 7,910 5,000 5,000 1,208 3,000 300210 RIVZ#2 P&I- City 36,884 26,000 26,000 26,000 26,000 300240 RIVZ#2 P&I - County 18,137 12,500 12,500 12,500 12,500 300250 RIVZ#2 P&I-Hospital District 6,836 7,000 7,000 7,000 7,000 340900 Interest on Investments 107,223 53,836 53,836 4,320 5,000 340995 Net Inc/Dec in FV of Investments 24 - - - - TOTAL REVENUES $ 4,576,612 $ 4,816,772 $ 4,816,772 $ 4,570,340 $ 5,121,746 Total Funds Available $ 19,383,184 $ 6,580,568 $ 6,580,568 $ 6,334,135 $ 9,637,625 Expenditures: 11305 TIF02 Activities $ 10,486 $ 4,000 $ 5,373 $ - $ - 55000 Principal retired 1,400,000 1,555,000 1,555,000 1,555,000 1,605,000 55010 Interest 205,200 142,200 142,200 142,200 72,225 55040 Paying agent fees 5,544 6,000 6,000 6,000 6,000 60000 Operating Transfer Out (CIP) 15,934,816 - - - - 60010 Transfer to General Fund 63,344 115,056 115,056 115,056 71,051 TOTAL EXPENDITURES $ 17,619,389 $ 1,822,256 $ 1,823,629 $ 1,818,256 $ 1,754,276 Gross Ending Balance $ 1,763,796 $ 4,758,311 $ 4,756,938 $ 4,515,879 $ 7,883,349 Bond Reserve $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 Maintenance Reserve 500,000 500,000 500,000 500,000 500,000 Net Ending Balance $ (236,204) $ 2,758,311 $ 2,756,938 $ 2,515,879 $ 5,883,349 Notes: Reinvestment Zone #2, commonly referred to as Packery Channel was created pursuant to the Tax Increment Financing Act to facilitate development of the land within the boundaries of the tax increment zone.The Zone became effective on November 14, 2000. The funding source is post-2000 incremental property taxes from taxing units with property within the boundaries of the zone. Total project cost was$30 million of which the City was responsible for 35% or$10.5 million. This was financed through tax increment contract revenue bonds. An additional $1.4 million was needed to repair the damages to Packery Channel caused by Hurricane Rita and Hurricane Emily. This brought the total amount financed by the City to $12 million in four debt issuances. Reinvestment Zone No. 2 CapitalProject List for 2021 Packery Channel Dredging Design 350,000 Packery Channel Dredging Construction 4,000,000 Packery Channel Revetment 4,600,000 Contingency for all Projects 100,000 9,050,000 Park Road 22 6,884,816 For FY 2021 CIP Projects Proposed Budget TIRZ #2 North Padre Island Development Corporation Meeting August 17, 2021 Budgeted Revenues BudgetY20120 Ad. Amended Estimated Proposed Budget Budget Actualls Tax Revenue-City 2,704,158 2,905,151 2,905,151 2,763,397 3,103,011 Tax Revenue-Nueces County 1,295,692 1,363,688 1,363,688 1,326,907 1,475,122 Tax Revenue-Hospital District 469,515 494,097 494,097 475,715 538,613 Interest and Investment Income 107,223 53,836 53,836 4,320 5,000 Other Revenue 24 0 0 0 0 Total 4,576,612 4,816,772 4,816,772 4,570,340 5,121,746 *Based on preliminary tax values Pro osed Expensesp BudgetAdopted Amended Estimated Proposed Budget Budget Actuals TIRZ#2 Activities 4,000 5,373 0 0 Debt Service-Principal and Interest 1,703,200 1,703,200 1,703,200 1,683,225 Transfer to CIP Fund 0 0 0 0 Transfer to General Fund for Administrative Services 115,056 115,056 115,056 71,051 Total 1,822,256 1,823,629 1,818,256 1,754,276 Budget Overview __,_AWdget Budget Actuals Budget 11, Adopted Amended Estimated Proposed Beginning Fund Balance 1,763,795 1,763,795 1,763,795 4,515,879 Total Revenue 4,816,772 4,816,772 4,570,340 5,121,746 Total Expenditures 1,822,256 1,823,629 1,818,256 1,754,276 Ending Fund Balance 4,758,311 4,756,938 4,515,879 7,883,349 Reserve-Bond 1,500,000 1,500,000 1,500,000 1,500,000 Reserve-Maintenance 500,000 500,000 500,000 500,000 Fund Balance Available For Future Commitments 2,758,311 2,756,938 2,515,879 5,883,349 Resolution amending and reaffirming the North Padre Island Development Corporation's Investment Policy and Investment Strategies for fiscal year 2021-2022. WHEREAS, the Texas Public Funds Investment Act requires the governing body to annually review, amend as necessary, and reaffirm its investment policy and investment strategies; WHEREAS, the North Padre Island Development Corporation's Investment Policy and Investment Strategies were previously approved for fiscal year 2020-2021 on August 25, 2020; and WHEREAS, the Investment Policy and Investment Strategies were reviewed for fiscal year 2021-2022 by the Investment Committee on June 1 , 2021 ; recommended by the committee for approval with minor substantive amendments and an updated issuance date; and are being recommended for reaffirmation by the Board of Directors of the North Padre Island Development Corporation (the "Board"). Therefore, be it resolved by the Board of Directors of the North Padre Island Development Corporation: Section 1. The Board has reviewed the North Padre Island Development Corporation's Investment Policy and Investment Strategies for fiscal year 2021-2022. A copy of the Investment Policy, which contains the separate Investment Strategies, for fiscal year 2021-2022 is attached to this resolution as Exhibit A and incorporated by reference into this resolution as if set out here in its entirety. Section 2. Substantive amendments are being made to the previous fiscal year's Investment Policy and Investment Strategies document, with such changes and amendments delineated and described below: (a) Section IX, is retitled as "Repurchase Agreement Collateralization." Section 3. With an updated issuance date that coincides with the date this resolution is passed, the Board approves the Investment Policy and Investment Strategies for fiscal year 2021-2022 and reaffirms the continuation of the policy and strategies in full force and effect and appoints the Investment Officers of the City (as named in the City's Investment Policy and Investment Strategies) as the Corporation's authorized Investment Officers. PASSED AND APPROVED on the day of , 2021: Greg Smith Roland Barrera Paulette M. Guajardo Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley ATTEST: North Padre Island Development Corporation Rebecca Huerta Greg Smith City Secretary President North Padre Island Development Corporation Investment Policy and Investment Strategy Adopted August 17, 2021 TABLE OF CONTENTS I. POLICY STATEMENT......................................................................................... 1 II. SCOPE ............................................................................................................. 1 III. PRUDENCE ..................................................................................................... 1 IV. OBJECTIVES.................................................................................................... 2 V. LEGAL LIMITATIONS AND AUTHORITIES.......................................................... 2 VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY ....................................... 2 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS .................. 3 VIII. AUTHORIZED INVESTMENTS........................................................................ 4 IX. REPURCHASE AGREEMENT COLLATERALIZATION........................................... 5 X. SAFEKEEPING .................................................................................................. 5 XI. INTERNAL CONTROLS..................................................................................... 6 XII. REPORTING ................................................................................................... 6 XIII. DEPOSITORIES.............................................................................................. 7 XIV. INVESTMENT POLICY ADOPTION ................................................................. 7 XV. INVESTMENT STRATEGY ............................................................................... 8 XVI. GLOSSARY.................................................................................................. 10 APPENDICES A. TEXAS PUBLIC FUNDS INVESTMENT ACT............................................................12 B. RESOLUTION...........................................................................................................49 i NORTH PADRE ISLAND DEVELOPMENT CORPORATION INVESTMENT POLICY AND STRATEGY Adopted August 17, 2021 This Investment Policy sets forth the specific policies and guidelines and general strategy for the investment of funds of the North Padre Island Development Corporation (the "Corporation") in order to achieve the Corporation's goals of safety, liquidity, diversification, and yield and to preserve the public trust. This Policy satisfies the state statutory requirements of the Public Funds Investment Act, Texas Government Code, Chapter 2256 (the "Act") to define and adopt a formal investment policy and strategy and assures compliance with the Act. I. POLICY STATEMENT It is the policy of the Corporation that the administration of its funds and the investment of those funds shall be handled as its highest public trust. Investments shall be made in a manner which will provide maximum security of principal invested through risk management and diversification strategies while meeting the cash flow needs of the Corporation. The receipt of a reasonable yield will be secondary to the requirements for safety and liquidity. Earnings from investment will be used in a manner that best serves the interests of the Corporation. II. SCOPE This Investment Policy applies to all the financial assets of the Corporation. III. PRUDENCE The standard of care established by law to be used in the investment process shall be the "prudent person standard" and shall be applied in the context of managing the overall portfolio, rather than a consideration as to the prudence of a single investment. The standard states that: Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their principal as well as the probable income to be derived. 1 IV. OBJECTIVES All funds shall be managed and invested with four primary objectives, in order of their priority: safety, liquidity, diversification and yield. a. Safety: The preservation and safety of principal is the Corporation's foremost objective. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Authorized investments are chosen for their high credit quality and stability. b. Liquidity: The portfolio shall remain sufficiently liquid, and retain a liquidity buffer,to assure that the Corporation meets all reasonably anticipated expenditures. Investment decisions will be based on anticipated cash flows and only high-credit quality securities will be used for their marketability. c. Diversification: The Corporation will diversify its investments by maturity and market sector in an effort to avoid incurring unreasonable and avoidable market risks. d. Yield: The portfolio shall be designed with the objective of attaining a reasonable market yield taking into account the investment risk constraints and liquidity needs of the Corporation. V. LEGAL LIMITATIONS AND AUTHORITIES Specific investment parameters for the investment of public funds in Texas are found in the Act. All investments will be made in accordance with these statutes. In addition, investments shall conform to all financial indentures and trust requirements. VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY a. Corporation Board The Corporation Board has ultimate fiduciary responsibility for all funds. The Board is responsible for reviewing and adopting the Investment Policy and Strategy on no less than an annual basis. The Board has resolved to designate the Investment Committee of the City of Corpus Christi and the authorized Investment Officers of the City of Corpus Christi as the Corporation's Investment Committee and Investment Officers, respectively. The Treasurer or Assistant Treasurer of the Corporation Board will coordinate with these Investment Officers on all strategy and purchase decisions to provide cash flow requirements. This will provide efficiency and cost effectiveness but retain control of investment strategy and final decision-making by the Corporation. The Board shall receive and review quarterly investment reports from the Investment Committee. 2 b. Investment Committee An Investment Committee shall meet at least quarterly to review and determine operational strategies and to monitor investment results. The Investment Committee shall include in its deliberation such topics as: economic outlook, diversification, maturity structure, risk, and performance of the portfolio. The Investment Committee shall be responsible for monitoring, reviewing, and making recommendations regarding the Investment Policy and Strategy to the Corporation Board. The Investment Committee will review quarterly investment reports before submission to the Board. c. Investment Officer The Investment Officers will be responsible for the daily operations of the investment program and provide complete reports to the Investment Committee on a quarterly basis. The Investment Officers will retain all documentation on investment transactions and will direct the settlement and safekeeping of securities in accordance with any controlling Indenture of Trust. Should funds be removed from Trust,the Investment Officers will settle investments into the City's safekeeping account and provide documentation of the safekeeping to the Board representatives. All participants in the investment process shall seek to act responsibly as custodians of the public trust. The Investment Officers will avoid any transaction that might impair public confidence in the Corporation. The Investment Officers may not engage in an investment transaction except as provided under the terms of this Policy. VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS All investment transactions shall be made through the financial institutions or broker/dealers the City Investment Committee has approved, and all requirements for these institutions of the City are to be met for Corporation funds. No investment transactions may be entered into with a brokerage subsidiary of the City or the Corporation's safekeeping bank in order to perfect delivery versus payment (DVP) requirements for trade independence. Each authorized financial institution and broker/dealer will be provided a copy of the Corporation's Investment Policy to assure that they are familiar with the goals and objectives of the Corporation. If material changes are made to the Policy, a new Policy will be sent. Any local government investment pools in which the Corporation participates shall sign a written certification, in a form acceptable to the Corporation, substantially to the effect that the pool has: a. Received, and thoroughly reviewed the Policy, and 3 b. Acknowledged that the pool has implemented reasonable controls and procedures in an effort to preclude investment transactions not authorized by the Policy. VIII. AUTHORIZED INVESTMENTS a. Investments Authorized investments under this Policy shall be limited to the instruments listed below as further described by the Act. If additional types of securities are approved for investment of public funds by state statute, they will not be eligible for investment by the Corporation until this policy has been amended and the amended version adopted by the Corporation Board. 1. Obligations of the US Government, its agencies and instrumentalities, excluding mortgage backed securities, with a maximum stated maturity of three (3) years. (2256.009(1)) 2. Fully FDIC insured depository certificates of deposit of banks doing business in Texas with a maximum maturity of two years. (2256.010) 3. Fully collateralized direct repurchase agreements with a defined termination date secured in accordance with this policy and placed with a primary securities dealer. All repurchase agreement transactions shall be governed in accordance with the Act. The maximum stated maturity shall be one year with the exception of flex repurchase agreements used for bond proceeds capital projects. The flex repurchase agreement transaction shall be matched to the expenditure plan of the bonds. (2256.011) 4. AAA, or equivalent, rated local government investment pools defined by the Act and striving to maintain a $1 NAV and specifically approved for participation by a resolution of the Board. (2256.016) 5. AAA-rated, SEC registered money market mutual funds which strive to maintain a $1 net asset value. (2256.0.14(a)) 6. Fully FDIC insured interest bearing depository accounts of banks in Texas. (2256.009) 7. General debt obligations of any US states, agencies, counties, cities, and any other political subdivisions of any US state rated no less than A by a nationally recognized rating agency and with a maximum stated maturity of three years. (2256.009) 8. FDIC insured brokered certificate of deposit securities from a bank in any US state, delivery versus payment to the City's safekeeping agent, not to exceed one year to maturity. Before purchase, the Investment Officers must verify the FDIC status of the bank on www.fdic.gov to assure the bank is FDIC insured. (2256.009) 9. A1/P1,or equivalent, rated commercial paper with a maximum maturity of 270 days subject to meeting one of the two stated conditions in Sec. 2256.013. (2256.013) 10. Guaranteed investment contracts with a maximum maturity of two years and executed in accordance with the Act. (2256.015) 11. Securities lending transactions with primary dealers or banks doing business in Texas in accordance with the Act. (2256.0115) 4 b. Competitive Bidding Requirement All securities, including depository certificates of deposit, will be purchased only after at least three (3) competitive offers are taken to verify that the Corporation is receiving fair market value/price for the investment. c. Delivery versus Payment Requirement All security transactions, including collateral for repurchase agreements, shall be conducted on a delivery versus payment (DVP) basis. IX. REPURCHASE AGREEMENTCOLLATERALIZATION As a local government corporation,the Corporation is not authorized to have collateral pledged to it for time and demand bank deposits in accordance with FDIC regulations. Time and demand deposits in any bank holding company must be limited by the FDIC insurance level. a. Repurchase Agreements Owned Collateral Collateral under a repurchase agreement is owned by the Corporation. (2256.011) It will be held by an independent third-party safekeeping institution approved bythe Corporation under an executed Bond Market Master Repurchase Agreement. Securities (collateral) with a market value totaling 102% of the principal and accrued interest of the repurchase agreement is required and the counter-party is responsible for the monitoring and maintaining of collateral and margins daily. Authorized collateral for repurchase agreements will include only: 1. Cash; 2. Obligations of the US Government, its agencies and instrumentalities including mortgage-backed securities and CMO which pass the bank test; or 3. Debt obligations of any US state or US state sub-division rated A or better by at least one nationally recognized rating agency. X. SAFEKEEPING The Corporation shall maintain safekeeping under the Indenture of Trust, as applicable. All security transactions shall be settled on a delivery versus payment (DVP) basis by the safekeeping institution. Should funds be removed from Trust, the Investment Officers will settle investments into the Corporation's safekeeping account and provide documentation of the safekeeping to the Board representatives. (2256.005) Securities shall not be held in any brokerage account. Securities shall not be bought from the Corporation's depository in order to provide perfected delivery versus payment. The safekeeping institution shall be required to issue safekeeping receipts listing each specific 5 security, rate, description, maturity, CUSIP and other pertinent information which will be maintained by the Investment Officers. XI. INTERNAL CONTROLS The Investment Officers will maintain controls to regulate the activities of the investment program in accordance with this policy. The controls will be reviewed annually with the independent auditor of the City. The controls shall be designed to prevent loss of funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions. Internal controls deemed most important would include: competitive bidding, control of collusion, separation of duties, safekeeping, delegation of authority, and documentation. a. Cash Flow Forecasting Cash flow analysis and forecasting is designed to protect and sustain cash flow requirements of the Corporation. The Board will inform the Investment Officers of anticipated cash flows which will be used for cash flow and investment purposes. b. Loss of Rating The Investment Officers shall monitor, on no less than a weekly basis, the credit rating on all authorized investments in the portfolio which require ratings by policy or law. Ratings will be based upon independent information from a nationally recognized rating agency. If any security falls below the minimum rating required by Policy or law, the Investment Officers shall notify the Board of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within one week after the loss of the required rating. (2256.021) c. Monitoring FDIC Coverage The Investment Officers shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered CDs owned by the Corporation based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered CDs are owned by the Corporation, the Investment Officers shall immediately liquidate any brokered CD which places the Corporation above the FDIC insurance level. XII. REPORTING The Investment Officers shall provide quarterly reports to the Board in accordance with the Act (2256.023) and containing sufficient information to permit an informed outside reader to evaluate the performance of the investment program. At a minimum, the report shall include: a. Description of each investment and depository position, b. Amortized book and market values at the beginning and end of the reporting period, 6 c. Amortized book value and market value of each separately invested asset at the beginning and end of the reporting period market by sector and fund, d. Maturity date of each separately invested asset, e. Account, fund or pooled fund group for which each investment was acquired (as applicable), f. Earnings for the period, and g. Overall yield for the portfolio(s) in comparison to its benchmark yield for the comparable period. Market prices for market value calculations shall be obtained from independent sources. XIII. DEPOSITORIES The Corporation will use the City's depository bank or, if applicable,the depository listed in the Indenture of Trust. The City designates one banking institution for banking services through a competitive process at least every five years. Written depository agreements shall be executed before funds are transferred. XIV. INVESTMENT POLICY ADOPTION The Corporation Board shall review and adopt by resolution its Investment Policy and Strategy not less than annually and the approving resolution shall designate any changes made to the Policy. <This space is intentionally left blank.> 7 XV. INVESTMENT STRATEGY The Corporation portfolio will be designed and managed based on projected cash flows to provide for all anticipated and projected cash needs. The portfolio is to be managed pro- actively considering ongoing market changes but is essentially a buy-and-hold portfolio. Information on expected expenditures from the Board will be incorporated into investment decisions. The overall investment program shall be designed and managed with a degree of professionalism which is worthy of public trust. The Corporation maintains separate funds as required by the Indenture of Trust. Specific strategies for each fund are as follows: a. Pledged Revenue Fund Strategy — The Corporation's Pledged Revenue Fund is an aggregation of proceeds from bond issues and tax increment revenue. The objectives of this fund are to: 1. ensure safety of principal by investing only in high-quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. ensure that anticipated cash flows are matched with adequate investment liquidity or that the terms of the secured investment agreement permit maximum flexibility for the City in making withdrawals; 3. manage market and credit risk through diversification and control of counterparty risk; and 4. attain a market rate of return commensurate with the objectives and restrictions set forth in this Policy, the Indenture of Trust, the Tri-Party Agreement, and the bond ordinance to produce a reasonable market yield commensurate with its overall low risk strategy. b. Reserve Fund Strategy — The Corporation's Reserve Fund are funds required by the Indenture of Trust to be maintained and intact throughout the life of the debt issue. The objectives of this fund are to: 1. ensure safety of principal by investing only in high-quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. ensure that anticipated cash flows are matched with adequate investment liquidity or that the terms of the secured investment agreement permit maximum flexibility for the City in making withdrawals; 3. manage market and credit risk through diversification and control of counterparty risk; and 4. attain a market rate of return commensurate with the objectives and restrictions set forth in this Policy, the Indenture of Trust, the Tri-Party Agreement, and the bond ordinance to produce a reasonable market yield commensurate with its overall low risk strategy. c. Debt Service Fund Strategy—The Corporation's Debt Service Fund consists of interest earnings from the Reserve Fund. Twice a year funds are transferred from the Pledged 8 Revenue Fund to the Debt Service Fund for the debt service payment. The objectives for this fund are to: 1. ensure safety of principal by investing only in high-quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. ensure that anticipated cash flows are matched with adequate investment liquidity or that the terms of the secured investment agreement permit maximum flexibility for the City in making withdrawals; 3. manage market and credit risk through diversification and control of counterparty risk; and 4. attain a market rate of return commensurate with the objectives and restrictions set forth in this Policy, the Indenture of Trust, the Tri-Party Agreement, and the bond ordinance to produce a reasonable market yield commensurate with its overall low risk strategy. The Corporation may combine funds for investment purposes into one portfolio while addressing all the needs of specific funds in the portfolio. The overall portfolio shall have a maximum dollar-weighted average maturity (WAM) of one year designed to meet anticipated cash flow needs. The risks in the portfolio shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the Corporation's cash flow requirements. Because the portfolio is dictated by cash flow needs, the benchmark becomes a measure of risk which reflects the primary market rates matched to the WAM. With a maximum WAM of one year, the risk benchmark is established as the one-year Treasury Bill for the comparable period. The portfolio should track the risk benchmark but will naturally lag as market interest rates, which adjust daily, move. 9 XVI. GLOSSARY Agency— Federal government organizations set up for specific purposes such as management of resources, financial oversight or funding for specific purposes (ex: FNMA, FHLMC, GNMA, FHLB, FAMCA, FFCB, and TVA). They carry the implicit guarantee of the US Government. Benchmark — A recognized index or basis used to compare either performance or risk in a portfolio. In governmental portfolios, which are controlled by cash flow demands, the benchmark is used to measure risk. The benchmark is based on the primary markets used by the portfolio (US Treasuries) and the anticipated maturity of the portfolio (the WAM). Broker — A financial firm registered with FINRA, the SEC, and the State to bring a buyer and seller together for an investment transaction.A broker carries no inventory of securities owned by the firm. Dealer— Dealers carry an inventory of securities and sell from their inventory or broker trades as a broker. Primary dealers are recognized by the NY Fed and must adhere to strict financial requirements. Primary dealers transact in most markets domestically and internationally. Regional dealers are smaller firms and may focus on only specific markets. CUSIP Number — A 9-character alphanumeric code which identifies a financial security for purposes of facilitating clearing and settlement of trades. Custodian — An approved independent custodian charged with the safekeeping of securities owned by or pledged to the City. An independent custodian is one not affiliated with any pledging institution or counter-party. Delivery versus Payment (DVP) — The process whereby a custodian receives a security and verifies it is the correct security from the investor before any funds are released for its purchase. FINRA (Financial Institutions Regulatory Authority) — A self-regulated organization of broker/dealers. Instrumentality—Government agency or corporation established for a specific purpose. Investment Portfolio —Assets invested in securities and financial transactions including cash in bank accounts under authority of the Investment Policy. Securities—A fungible, negotiable financial instrument of financial value. Securities authorized by this Policy are debt instruments of the US Government or local governments. Securities Lending—A financial transaction in which securities owned by investing entity is lent out on margin (for interest earnings). Ownership of the security remains with the lender. Fund 10 from the lending transaction are reinvested for the same length of the loan providing incremental income to the portfolio. Settlement—The process of delivering a security to the new owner of that security. Settlement for book entry(electronic) securities is usually over the FedWire system of the Federal Reserve. Settlement done DVP assures the safest process because no funds are released until the security is received and verified by the custodian. WAM (Weighted Average Maturity) — The average period of time until portfolio securities mature, weighted by their book value in proportion to the total amount invested in the portfolio. 11 North Padre Island Development Corporation Investment Policy and Investment Strategy Adopted August 17, 2021 TABLE OF CONTENTS I. POLICY STATEMENT......................................................................................... 1 II. SCOPE ............................................................................................................. 1 III. PRUDENCE ..................................................................................................... 1 IV. OBJECTIVES.................................................................................................... 2 V. LEGAL LIMITATIONS AND AUTHORITIES.......................................................... 2 VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY ....................................... 2 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS .................. 3 VIII. AUTHORIZED INVESTMENTS........................................................................ 4 IX. REPURCHASE AGREEMENT COLLATERALIZATION........................................... 5 X. SAFEKEEPING .................................................................................................. 5 XI. INTERNAL CONTROLS..................................................................................... 6 XII. REPORTING ................................................................................................... 6 XIII. DEPOSITORIES.............................................................................................. 7 XIV. INVESTMENT POLICY ADOPTION ................................................................. 7 XV. INVESTMENT STRATEGY ............................................................................... 8 XVI. GLOSSARY.................................................................................................. 10 APPENDICES A. TEXAS PUBLIC FUNDS INVESTMENT ACT............................................................12 B. RESOLUTION...........................................................................................................49 i NORTH PADRE ISLAND DEVELOPMENT CORPORATION INVESTMENT POLICY AND STRATEGY Adopted August 17, 2021 This Investment Policy sets forth the specific policies and guidelines and general strategy for the investment of funds of the North Padre Island Development Corporation (the "Corporation") in order to achieve the Corporation's goals of safety, liquidity, diversification, and yield and to preserve the public trust. This Policy satisfies the state statutory requirements of the Public Funds Investment Act, Texas Government Code, Chapter 2256 (the "Act") to define and adopt a formal investment policy and strategy and assures compliance with the Act. I. POLICY STATEMENT It is the policy of the Corporation that the administration of its funds and the investment of those funds shall be handled as its highest public trust. Investments shall be made in a manner which will provide maximum security of principal invested through risk management and diversification strategies while meeting the cash flow needs of the Corporation. The receipt of a reasonable yield will be secondary to the requirements for safety and liquidity. Earnings from investment will be used in a manner that best serves the interests of the Corporation. II. SCOPE This Investment Policy applies to all the financial assets of the Corporation. III. PRUDENCE The standard of care established by law to be used in the investment process shall be the "prudent person standard" and shall be applied in the context of managing the overall portfolio, rather than a consideration as to the prudence of a single investment. The standard states that: Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their principal as well as the probable income to be derived. 1 IV. OBJECTIVES All funds shall be managed and invested with four primary objectives, in order of their priority: safety, liquidity, diversification and yield. a. Safety: The preservation and safety of principal is the Corporation's foremost objective. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Authorized investments are chosen for their high credit quality and stability. b. Liquidity: The portfolio shall remain sufficiently liquid, and retain a liquidity buffer,to assure that the Corporation meets all reasonably anticipated expenditures. Investment decisions will be based on anticipated cash flows and only high-credit quality securities will be used for their marketability. c. Diversification: The Corporation will diversify its investments by maturity and market sector in an effort to avoid incurring unreasonable and avoidable market risks. d. Yield: The portfolio shall be designed with the objective of attaining a reasonable market yield taking into account the investment risk constraints and liquidity needs of the Corporation. V. LEGAL LIMITATIONS AND AUTHORITIES Specific investment parameters for the investment of public funds in Texas are found in the Act. All investments will be made in accordance with these statutes. In addition, investments shall conform to all financial indentures and trust requirements. VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY a. Corporation Board The Corporation Board has ultimate fiduciary responsibility for all funds. The Board is responsible for reviewing and adopting the Investment Policy and Strategy on no less than an annual basis. The Board has resolved to designate the Investment Committee of the City of Corpus Christi and the authorized Investment Officers of the City of Corpus Christi as the Corporation's Investment Committee and Investment Officers, respectively. The Treasurer or Assistant Treasurer of the Corporation Board will coordinate with these Investment Officers on all strategy and purchase decisions to provide cash flow requirements. This will provide efficiency and cost effectiveness but retain control of investment strategy and final decision-making by the Corporation. The Board shall receive and review quarterly investment reports from the Investment Committee. 2 b. Investment Committee An Investment Committee shall meet at least quarterly to review and determine operational strategies and to monitor investment results. The Investment Committee shall include in its deliberation such topics as: economic outlook, diversification, maturity structure, risk, and performance of the portfolio. The Investment Committee shall be responsible for monitoring, reviewing, and making recommendations regarding the Investment Policy and Strategy to the Corporation Board. The Investment Committee will review quarterly investment reports before submission to the Board. c. Investment Officer The Investment Officers will be responsible for the daily operations of the investment program and provide complete reports to the Investment Committee on a quarterly basis. The Investment Officers will retain all documentation on investment transactions and will direct the settlement and safekeeping of securities in accordance with any controlling Indenture of Trust. Should funds be removed from Trust,the Investment Officers will settle investments into the City's safekeeping account and provide documentation of the safekeeping to the Board representatives. All participants in the investment process shall seek to act responsibly as custodians of the public trust. The Investment Officers will avoid any transaction that might impair public confidence in the Corporation. The Investment Officers may not engage in an investment transaction except as provided under the terms of this Policy. VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS All investment transactions shall be made through the financial institutions or broker/dealers the City Investment Committee has approved, and all requirements for these institutions of the City are to be met for Corporation funds. No investment transactions may be entered into with a brokerage subsidiary of the City or the Corporation's safekeeping bank in order to perfect delivery versus payment (DVP) requirements for trade independence. Each authorized financial institution and broker/dealer will be provided a copy of the Corporation's Investment Policy to assure that they are familiar with the goals and objectives of the Corporation. If material changes are made to the Policy, a new Policy will be sent. Any local government investment pools in which the Corporation participates shall sign a written certification, in a form acceptable to the Corporation, substantially to the effect that the pool has: a. Received, and thoroughly reviewed the Policy, and 3 b. Acknowledged that the pool has implemented reasonable controls and procedures in an effort to preclude investment transactions not authorized by the Policy. VIII. AUTHORIZED INVESTMENTS a. Investments Authorized investments under this Policy shall be limited to the instruments listed below as further described by the Act. If additional types of securities are approved for investment of public funds by state statute, they will not be eligible for investment by the Corporation until this policy has been amended and the amended version adopted by the Corporation Board. 1. Obligations of the US Government, its agencies and instrumentalities, excluding mortgage backed securities, with a maximum stated maturity of three (3) years. (2256.009(1)) 2. Fully FDIC insured depository certificates of deposit of banks doing business in Texas with a maximum maturity of two years. (2256.010) 3. Fully collateralized direct repurchase agreements with a defined termination date secured in accordance with this policy and placed with a primary securities dealer. All repurchase agreement transactions shall be governed in accordance with the Act. The maximum stated maturity shall be one year with the exception of flex repurchase agreements used for bond proceeds capital projects. The flex repurchase agreement transaction shall be matched to the expenditure plan of the bonds. (2256.011) 4. AAA, or equivalent, rated local government investment pools defined by the Act and striving to maintain a $1 NAV and specifically approved for participation by a resolution of the Board. (2256.016) 5. AAA-rated, SEC registered money market mutual funds which strive to maintain a $1 net asset value. (2256.0.14(a)) 6. Fully FDIC insured interest bearing depository accounts of banks in Texas. (2256.009) 7. General debt obligations of any US states, agencies, counties, cities, and any other political subdivisions of any US state rated no less than A by a nationally recognized rating agency and with a maximum stated maturity of three years. (2256.009) 8. FDIC insured brokered certificate of deposit securities from a bank in any US state, delivery versus payment to the City's safekeeping agent, not to exceed one year to maturity. Before purchase, the Investment Officers must verify the FDIC status of the bank on www.fdic.gov to assure the bank is FDIC insured. (2256.009) 9. A1/P1,or equivalent, rated commercial paper with a maximum maturity of 270 days subject to meeting one of the two stated conditions in Sec. 2256.013. (2256.013) 10. Guaranteed investment contracts with a maximum maturity of two years and executed in accordance with the Act. (2256.015) 11. Securities lending transactions with primary dealers or banks doing business in Texas in accordance with the Act. (2256.0115) 4 b. Competitive Bidding Requirement All securities, including depository certificates of deposit, will be purchased only after at least three (3) competitive offers are taken to verify that the Corporation is receiving fair market value/price for the investment. c. Delivery versus Payment Requirement All security transactions, including collateral for repurchase agreements, shall be conducted on a delivery versus payment (DVP) basis. IX. REPURCHASE AGREEMENTCOLLATERALIZATION As a local government corporation,the Corporation is not authorized to have collateral pledged to it for time and demand bank deposits in accordance with FDIC regulations. Time and demand deposits in any bank holding company must be limited by the FDIC insurance level. a. Repurchase Agreements Owned Collateral Collateral under a repurchase agreement is owned by the Corporation. (2256.011) It will be held by an independent third-party safekeeping institution approved bythe Corporation under an executed Bond Market Master Repurchase Agreement. Securities (collateral) with a market value totaling 102% of the principal and accrued interest of the repurchase agreement is required and the counter-party is responsible for the monitoring and maintaining of collateral and margins daily. Authorized collateral for repurchase agreements will include only: 1. Cash; 2. Obligations of the US Government, its agencies and instrumentalities including mortgage-backed securities and CMO which pass the bank test; or 3. Debt obligations of any US state or US state sub-division rated A or better by at least one nationally recognized rating agency. X. SAFEKEEPING The Corporation shall maintain safekeeping under the Indenture of Trust, as applicable. All security transactions shall be settled on a delivery versus payment (DVP) basis by the safekeeping institution. Should funds be removed from Trust, the Investment Officers will settle investments into the Corporation's safekeeping account and provide documentation of the safekeeping to the Board representatives. (2256.005) Securities shall not be held in any brokerage account. Securities shall not be bought from the Corporation's depository in order to provide perfected delivery versus payment. The safekeeping institution shall be required to issue safekeeping receipts listing each specific 5 security, rate, description, maturity, CUSIP and other pertinent information which will be maintained by the Investment Officers. XI. INTERNAL CONTROLS The Investment Officers will maintain controls to regulate the activities of the investment program in accordance with this policy. The controls will be reviewed annually with the independent auditor of the City. The controls shall be designed to prevent loss of funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions. Internal controls deemed most important would include: competitive bidding, control of collusion, separation of duties, safekeeping, delegation of authority, and documentation. a. Cash Flow Forecasting Cash flow analysis and forecasting is designed to protect and sustain cash flow requirements of the Corporation. The Board will inform the Investment Officers of anticipated cash flows which will be used for cash flow and investment purposes. b. Loss of Rating The Investment Officers shall monitor, on no less than a weekly basis, the credit rating on all authorized investments in the portfolio which require ratings by policy or law. Ratings will be based upon independent information from a nationally recognized rating agency. If any security falls below the minimum rating required by Policy or law, the Investment Officers shall notify the Board of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within one week after the loss of the required rating. (2256.021) c. Monitoring FDIC Coverage The Investment Officers shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered CDs owned by the Corporation based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered CDs are owned by the Corporation, the Investment Officers shall immediately liquidate any brokered CD which places the Corporation above the FDIC insurance level. XII. REPORTING The Investment Officers shall provide quarterly reports to the Board in accordance with the Act (2256.023) and containing sufficient information to permit an informed outside reader to evaluate the performance of the investment program. At a minimum, the report shall include: a. Description of each investment and depository position, b. Amortized book and market values at the beginning and end of the reporting period, 6 c. Amortized book value and market value of each separately invested asset at the beginning and end of the reporting period market by sector and fund, d. Maturity date of each separately invested asset, e. Account, fund or pooled fund group for which each investment was acquired (as applicable), f. Earnings for the period, and g. Overall yield for the portfolio(s) in comparison to its benchmark yield for the comparable period. Market prices for market value calculations shall be obtained from independent sources. XIII. DEPOSITORIES The Corporation will use the City's depository bank or, if applicable,the depository listed in the Indenture of Trust. The City designates one banking institution for banking services through a competitive process at least every five years. Written depository agreements shall be executed before funds are transferred. XIV. INVESTMENT POLICY ADOPTION The Corporation Board shall review and adopt by resolution its Investment Policy and Strategy not less than annually and the approving resolution shall designate any changes made to the Policy. <This space is intentionally left blank.> 7 XV. INVESTMENT STRATEGY The Corporation portfolio will be designed and managed based on projected cash flows to provide for all anticipated and projected cash needs. The portfolio is to be managed pro- actively considering ongoing market changes but is essentially a buy-and-hold portfolio. Information on expected expenditures from the Board will be incorporated into investment decisions. The overall investment program shall be designed and managed with a degree of professionalism which is worthy of public trust. The Corporation maintains separate funds as required by the Indenture of Trust. Specific strategies for each fund are as follows: a. Pledged Revenue Fund Strategy — The Corporation's Pledged Revenue Fund is an aggregation of proceeds from bond issues and tax increment revenue. The objectives of this fund are to: 1. ensure safety of principal by investing only in high-quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. ensure that anticipated cash flows are matched with adequate investment liquidity or that the terms of the secured investment agreement permit maximum flexibility for the City in making withdrawals; 3. manage market and credit risk through diversification and control of counterparty risk; and 4. attain a market rate of return commensurate with the objectives and restrictions set forth in this Policy, the Indenture of Trust, the Tri-Party Agreement, and the bond ordinance to produce a reasonable market yield commensurate with its overall low risk strategy. b. Reserve Fund Strategy — The Corporation's Reserve Fund are funds required by the Indenture of Trust to be maintained and intact throughout the life of the debt issue. The objectives of this fund are to: 1. ensure safety of principal by investing only in high-quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. ensure that anticipated cash flows are matched with adequate investment liquidity or that the terms of the secured investment agreement permit maximum flexibility for the City in making withdrawals; 3. manage market and credit risk through diversification and control of counterparty risk; and 4. attain a market rate of return commensurate with the objectives and restrictions set forth in this Policy, the Indenture of Trust, the Tri-Party Agreement, and the bond ordinance to produce a reasonable market yield commensurate with its overall low risk strategy. c. Debt Service Fund Strategy—The Corporation's Debt Service Fund consists of interest earnings from the Reserve Fund. Twice a year funds are transferred from the Pledged 8 Revenue Fund to the Debt Service Fund for the debt service payment. The objectives for this fund are to: 1. ensure safety of principal by investing only in high-quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. ensure that anticipated cash flows are matched with adequate investment liquidity or that the terms of the secured investment agreement permit maximum flexibility for the City in making withdrawals; 3. manage market and credit risk through diversification and control of counterparty risk; and 4. attain a market rate of return commensurate with the objectives and restrictions set forth in this Policy, the Indenture of Trust, the Tri-Party Agreement, and the bond ordinance to produce a reasonable market yield commensurate with its overall low risk strategy. The Corporation may combine funds for investment purposes into one portfolio while addressing all the needs of specific funds in the portfolio. The overall portfolio shall have a maximum dollar-weighted average maturity (WAM) of one year designed to meet anticipated cash flow needs. The risks in the portfolio shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the Corporation's cash flow requirements. Because the portfolio is dictated by cash flow needs, the benchmark becomes a measure of risk which reflects the primary market rates matched to the WAM. With a maximum WAM of one year, the risk benchmark is established as the one-year Treasury Bill for the comparable period. The portfolio should track the risk benchmark but will naturally lag as market interest rates, which adjust daily, move. 9 XVI. GLOSSARY Agency— Federal government organizations set up for specific purposes such as management of resources, financial oversight or funding for specific purposes (ex: FNMA, FHLMC, GNMA, FHLB, FAMCA, FFCB, and TVA). They carry the implicit guarantee of the US Government. Benchmark — A recognized index or basis used to compare either performance or risk in a portfolio. In governmental portfolios, which are controlled by cash flow demands, the benchmark is used to measure risk. The benchmark is based on the primary markets used by the portfolio (US Treasuries) and the anticipated maturity of the portfolio (the WAM). Broker — A financial firm registered with FINRA, the SEC, and the State to bring a buyer and seller together for an investment transaction.A broker carries no inventory of securities owned by the firm. Dealer— Dealers carry an inventory of securities and sell from their inventory or broker trades as a broker. Primary dealers are recognized by the NY Fed and must adhere to strict financial requirements. Primary dealers transact in most markets domestically and internationally. Regional dealers are smaller firms and may focus on only specific markets. CUSIP Number — A 9-character alphanumeric code which identifies a financial security for purposes of facilitating clearing and settlement of trades. Custodian — An approved independent custodian charged with the safekeeping of securities owned by or pledged to the City. An independent custodian is one not affiliated with any pledging institution or counter-party. Delivery versus Payment (DVP) — The process whereby a custodian receives a security and verifies it is the correct security from the investor before any funds are released for its purchase. FINRA (Financial Institutions Regulatory Authority) — A self-regulated organization of broker/dealers. Instrumentality—Government agency or corporation established for a specific purpose. Investment Portfolio —Assets invested in securities and financial transactions including cash in bank accounts under authority of the Investment Policy. Securities—A fungible, negotiable financial instrument of financial value. Securities authorized by this Policy are debt instruments of the US Government or local governments. Securities Lending—A financial transaction in which securities owned by investing entity is lent out on margin (for interest earnings). Ownership of the security remains with the lender. Fund 10 from the lending transaction are reinvested for the same length of the loan providing incremental income to the portfolio. Settlement—The process of delivering a security to the new owner of that security. Settlement for book entry(electronic) securities is usually over the FedWire system of the Federal Reserve. Settlement done DVP assures the safest process because no funds are released until the security is received and verified by the custodian. WAM (Weighted Average Maturity) — The average period of time until portfolio securities mature, weighted by their book value in proportion to the total amount invested in the portfolio. 11 so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 08/17/21 1852 Second Reading Ordinance for the City Council Meeting 08/24/21 DATE: June 30, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 4606 Gulfbreeze Boulevard CAPTION: Zoning Case No. 0621-04, Date Tree Holdings, LLC. (District 1). Ordinance zoning a property located at or near 4606 Gulfbreeze Boulevard from the "RM-AT" Multifamily AT District to the "RM-AT/PUD" Multifamily AT District with a Planned Unit Development. SUMMARY: The purpose of the rezoning request is to construct a 14-unit single-family townhouse development. BACKGROUND AND FINDINGS: The subject property is 0.45 acres in size. The applicant is proposing Las Casitas del Mar Planned Unit Development (PUD) is a planned community that will consist of 14 single-family townhouse lots and one common area. The development will be residential lots fronting a common area and all units sharing a common parking lot. The subject property is currently zoned "RM-AT" Multifamily AT District, consists of vacant land, and has remained since annexation in 1935. To the north and south are single-family homes zoned "RM-AT" Multifamily AT District. To the east is a condominium development (Beach Place Condominiums) zoned "RM-AT/SP" Multifamily AT District with a Special Permit. To the west are single-family homes and a cottage development zoned "RM-AT" Multifamily AT District. The subject property was recently heard and approved for a contract involving the North Beach Tax Increment Reinvestment Zone (TIRZ) #4. Conformity to City Policy The subject property is located within the boundaries of the Downtown Area Development Plan (ADP) and is planned for a high-density residential use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. Properties in proximity have been similarly developed within the last decade as high-density residential townhouse and condominium development. The zoning pattern is in line with a Plan CC policy statement of creating urban villages and accommodating continuous growth. 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 subject property is located within a velocity zone according to the adopted Federal Emergency Management Agency (FEMA) Floodplain Map. The static base flood elevation of the subject property is 11-feet. Public Input Process Number of Notices Mailed 57 within 200-foot notification area 4 outside notification area As of August 13, 2021: In Favor In Opposition 0 inside notification area 24 inside notification area 0 outside notification area 1 outside notification area Totaling 18.30% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition ALTERNATIVES: 1. Denial of the zoning to the"RM-AT" Multifamily AT District to the"RM-AT/PUD" Multifamily AT District with a Planned Unit Development. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning to the"RM-AT" Multifamily AT District to the "RM-AT/PUD" Multifamily AT District with a Planned Unit Development on June 23, 2021. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0621-04, Date Tree Holdings, LLC. (District 1). Ordinance rezoning a property located at or near 4606 Gulfbreeze Boulevard from the "RM-AT" Multifamily AT District to the "RM-AT/PUD" Multifamily AT District with a Planned Unit Development WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lot 4, 6, and 8, Block 22, Brooklyn as shown in Exhibit "K.- "RM-AT" Multifamily AT District to the "RM-AT/PUD" Multifamily AT District with a Planned Unit Development The subject property is located at or near 4606 Gulfbreeze Boulevard. Exhibit A, which is a map of the subject property and Exhibit B, which is a copy of the Las Casitas del Mar Planned Unit Development (PUD) Guidelines and Master Site Plan attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Las Casitas del Mar Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Pedestrian Access: Sidewalks shall be provided along the frontage of the subject property shared with Gulf Breeze Boulevard in accordance with the Unified Development Code (UDC). 3. Private Solid Waste: A formal request must be made to the Solid Waste Department of the City to exempt the subject property from public refuse collection. 4. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 5. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 2 of 11 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 11 Exhibit A / � SghOQ4 R CG-2 q�'F �v RM-Ar yF Q c°�oFN. SUBJECT 41 PROPERTY eey RFFp JO � V �J f q� f 2021 0 250 500 Parepared By.:te,Cleared:e / remyhl Feer Deparrmerrr of Aevelopmenr Services CASE: 0629-04 SUBJECT PROPERTY WITH ZONING dt Subject Property RM-1 Multifamily IL Lightlndustnal SUBJECT PROPERTY RM-2 Multifamily 2 lH Hil hmduatrlal RM-3 Multifamily 3 PUO Planned Unit D.,Overlay ON Professional office RS-10 Single-Family 10 RM-AT MuitiFamity AT RS.6 Sin gleFamily6 CN-1 Neighborhood Commercial Rgdii Sing1: 6.5 CN-2 Neighborhood Commercial RSTic7Wo-Famlly CR-1 Resort CommerciaV RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS.TH Townhouse CG-2 General Commercial SP Special Permit CIhat...N.Commereial RV Recreational Vehicle Park Sources'.Esri,HERE.Gar CSO Downtoym Commercial RNH Manufactured Home u r Intermap,INCREMENT P � CR-3 Resort Commer6a113t FR Farm Rural s Esri Japan,METI,Esn Ch City Of H Historic overlay Kong(,Esn Korea.Esn(TI CO IIS SP Business Park LOCATION MAP ® NGCC,(c)OpenStreetMa ChASti Page 4 of 11 P(annedunit deve(opment fo r .Gas Casitas def,14ar 4606 GuCfbreeze �(vd, Corpus Christi, Ter,,as owned 6y Date Tree 916(dings GLC, 1 Virginia.Miffs Dr., Corpus Christi, TX 78414 developed 6yAwsum6Associates, Gordon SAwsum6 President, 1 Virginia Yfills Dr., Corpus Christi, TX 78414 phone 612-685-2210 Cl I. By 1Dorphin Pari, An EnergyStae Rated barque De�fin Xet-hero Carbon@ 1Deveropment Page 5 of 11 EXECUTIVE SUMMARY Of the proposed planned unit development (PUD) of ®as Casitas del Ma consisting of the three residential lots containing 19,500 square feet of land with the total dimension of 150 feet of frontage on Gulf breeze Boulevard and 130 feet of depth to the alley at the back of the site. Our PUD proposed is a 10-building townhouse development containing 14 units. In accordance with 4.4.13 Of the Unified Development Code, (UDC) City of Corpus Christi, pages 21-22, our project meets the purpose of townhome development infill. This use is consistent with the neighborhood. Immediately adjacent to the back of the site is high density 6 story residential use of the Beach Place (40 units) condominiums. Immediately across the street at 4601 Gulfbreeze Boulevard is another townhouse development which had received the similar setback, density, lot size and access standard approvals that we are seeking. The proposed master site plan(s) of the parking ground-level and second- level attached as PDFs for 4606 Gulf Breeze Blvd. shows buildings one through six as three-bedroom 2 level townhomes 16 feet wide by 44 feet long. The interior living areas are 16 feet wide by 36 feet long. The first level of the building will be approximately 12 feet above finished grade and have an 8' x 16' wide outdoor deck from which the unit will be accessed. Two units shall be constructed with a connecting deck and stairway which has an area planned for an ADA lift from the parking area under the units. An interior stair leads to the second level. Buildings seven through ten will be 2 side-by-side duplex units on two levels. They will contain two one-bedroom units per duplex for a total of eight one-bedroom units. Since they have an adjacent party wall, they will have a zero- lot line on that party wall. This is an exception to the standards needing approval as a variance in the PUD. Page 6 of 11 They will contain 16' x 36' of interior living area with an adjacent outside deck of 8' x 16' from which the units will be accessed on the second floor above the grade level. The third level units will have access from an interior stairway on the second level of the outside deck. An outdoor elevator is planned to access the second and third level decks. According to table 4.4.3.13 Multifamily Zoning Districts of the City of Corpus Christi Unified Development (UDC) Code, page 24, the maximum density per acre for RM-AT North Beach is 18 units. Our development proposes 10 buildings with 14 units. That exceeds the maximum calculation for the site which would be 8.06 units. Therefore, we seek approval for the extra density. This request is consistent with the extra density allowed across the street at 4601 Gulf Breeze Blvd. townhome development and the extra density of the Breakers condominium directly behind our property. Continuing with 4.4.3. B, UDC, the open space requirement is shown at 25%, We believe we reach that requirement as follows: section 4.201 allows calculation of open space to include 5% of impervious surface open areas. The pool area shown on the master plans is 28' x 42'. 5% of that would yield 1176 square feet allowed to be added to the 4114 square feet of landscape open area shown on the master plan. Those combined would total 5290 square feet or 27% of the 19,500 square feet of the site. Since the pool area shows an encroachment on the 20-foot front Street setback that is an additional variance we seek from the code. If that is denied, the impervious area allowed for inclusion in the calculation of open area would be 1036 square feet plus the 4114 square feet of landscape open area, totaling 5150 square feet or 26% of the 19,500 square feet of the site. Our master site plan shows we comply with the minimum lot width of table 4.4.3.13 Multifamily Zoning Districts on page 25 Unified Development Code. We also comply with the minimum lot area. However, my interpretation is Page 7 of 11 that applies to the entire site. Since this will be created as a townhome project with individual lots, those lots are less than the standard set forth on page 24 of the UDC which applies to the Townhome District. I do not believe that is applicable. The lots when platted will be slightly larger than the unit's footprint except at the zero-lot line of the duplexes. If a variance is required for this under the PUD, we hereby request it. Continuing on that table of the UDC on page 25, we have a 20-foot setback from Gulfbreeze Boulevard which meets the requirement. We have an additional 5-foot setback facing the street which is green space except for a stairway accessing decks. The side setback requirement appears to be 10 feet, however, our side setback proposed is 5 feet from the property line. This is also consistent with the townhome development at 4601 Gulf Breeze Blvd. It is necessary to achieve the density needed but does not pose an undue burden on adjacent property owners as the front of the units do not face the side property lines. Thus, we request the 5, foot side yard setback as a variance if needed. The height of our buildings will be under 35 feet except for protrusions for antennas, solar panels plumbing stacks all as anticipated to be allowed under section 4.28.13 of the UDC. The height of the Beach Place condominiums across the alley from our site is six levels in excess of 60 feet. The rear setback appears to require a 10- foot separation; however, a 20-foot public right-of-way alley is at the back of the property line separating the development from the Breakers condominiums. Thus, we show a 5-foot setback from the alley with access to the alley for exiting the parking under the units. This is requested to increase the density and minimize the risk of developing on North Beach. A note to the issue of the 20-foot alley is that survey stakes of my property line at the alley are 17 feet from the wooden fence separating Beach Place Page 8 of 11 condominiums from the alley. So, there may be an encroachment on the alley by Beach Place. The minimum building separation shown on the UDC table 4.4.3.13 is 10 feet. The building separation shown between buildings 2 & 3, 4 & 5 is 10 feet. The building separation between buildings 1&2,3&4,5&6 is 8 feet. This separation is allowed by building code. The buildings as shown have no eve overhangs. The buildings will be sprinklered according to building code including indoor wet systems and outdoor dry systems. Therefore, we request the variance to building separation will meet the density needed for the risk associated with the development on North Beach. The UDC section 4.3.5.E site plan review requirements are covered in the information provided on the master site plan(s), S1 , S2 and S3. There are also labeled by use on the PDF attachments. The PDF attachment "4606 Gulf breeze elevations" are provided. However, those are to be revised in accordance with the master site plans if approved. They demonstrate the proportion of the buildings. On the master site plans, lot lines, location of buildings and setbacks are shown as discussed above. The landscaping area is indicated within the setback area and will be further designed according to code, with particular emphasis to highlight the development. The pool area recreational facility, signage and parking as provided is shown. In the 10 buildings there is 11 ,520 square feet of total building area. Six buildings contain over 1000 square feet and require 1 .5 parking spaces per unit or nine spaces. Two spaces for each of those units is provided totaling 12 spaces. Eight of the units are under 1000 square feet requiring 1 .25 parking spaces per unit or 8 spaces. 10 spaces are provided. Page 9 of 11 One guest parking space for each five units is required by code for a total of 3 guest spaces required. Six guest spaces are provided. Two guest spaces are provided within the driveway access of the site. Four of the guest spaces are provided along the street within the 20-foot setback. If a variance for this on street parking is required, we hereby request it. The height of roof peaks will be under 35 feet however that is not indicated on the plans. The exact elevation dimensions are not indicated on the plans yet. Page 10 of 11 | | | | | | | | � � Page 11 of 11 PLANNING COMMISSION FINAL REPORT Case No. 0621-04 INFOR No. 21ZN1020 Planning Commission Hearin Date: June 23, 2021 C Owner: Date Tree Holdings, LLC. o Applicant: Date Tree Holdings, LLC. u .� Location Address: 4606 Gulfbreeze Boulevard a N Legal Description: Lot 4, 6, and 8, Block 22, Brooklyn, located along the east Q °� o side of Gulfbreeze Boulevard, south of Gulden Street, and north of Beach Avenue. From: "RM-AT" Multifamily AT District To: "RM-AT/PUD" Multifamily AT District with a Planned Unit Development -Es Area: 0.45 acres N �' Purpose of Request: To develop a 14-unit single-family townhome development. Existing Zoning District Existing Future Land Use Land Use Site "RM-AT" Multifamily AT District Vacant High Density ca Residential Low Density High Density North "RM-AT" Multifamily AT District Residential Residential -E N o NSouth "RM-AT" MultifamilyAT District Low Density High Density Residential Residential TJ East "RM-AT/SP" Multifamily AT High Density High Density LU District with a Special Permit Residential Residential Low and High Density West "RM-AT" Multifamily AT District Medium Density Residential Residential Area Development Plan: The subject property is located within the boundaries 06 u, of the Downtown Area Development Plan and is planned for a high-density o residential use. The proposed rezoning to the "RM-AT/PUD" Multifamily AT 2 District with a Planned Unit Development is consistent with the Comprehensive a IU o Plan (Plan CC). Q City Council District: 1 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 150 feet of street frontage along Gulfbreeze Boulevard which is designated as an i 0 "Local/Residential' Street. According to the Urban Transportation Plan, a N "Local/Residential' Streets can convey a capacity up to 500 Average Daily Trips (ADT). Staff Report Page 2 Urban Street Transportation Proposed Existing Traffic *05� Plan Type Section Section Volume � O C Gulfbreeze50' ROW 60' ROW Not Boulevard "Local/Residential" 28' paved 25' paved Available Staff Summary: Development Plan: The subject property is a total of 0.45 acres in size. Las Casitas del Mar Planned Unit Development (PUD) is a planned community that will consist of 14 single-family townhouse lots and one common area. The development will be residential lots fronting a common area and all units sharing a common parking lot. Additional information may be found in the PUD documents. Minimum "RM-AT"District "RS-TH"District proposed PUD Deviation Dimensions Standards Standards Max. Density 18 du/ac N/A 31 du/ac Yes Lot Area 5,000 sf. 1,600 sf. 704 sf. Yes Min. Open 25% 30% 26% No Space Minimum Lot 50 ft. 16 ft. 16 ft. Yes Width Street Yard 20 ft. 10 ft. 5 ft. Yes Street Yard 10 ft. 10 ft. 10 ft. No (Corner) Side Yard 5 ft. 0 ft. 5 ft. No Rear Yard 5 ft. 5 ft. 5 ft. No 1.5/ unit(1 bedroom) 1.5/ unit(1 Parking 2/ unit (2 bedroom) bedroom) 1.5/ unit No Requirement 1/5 units (guests) 2/ unit (2 bedroom) 1/5 units (guests) 1/5 units (guests) Existing Land Uses & Zoning: The subject property is currently zoned "RM-AT" Multifamily AT District and has remained undeveloped since annexation in 1935. To the north and south are single-family homes zoned "RM-AT" Multifamily AT District. To the east is a condominium development (Beach Place Condominiums) zoned "RM-AT/SP" Multifamily AT District with a Special Permit. To the west are single-family homes and a cottage development zoned "RM-AT" Multifamily AT District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 8-inch C900 line located along Gulfbreeze Boulevard. Wastewater: 8-inch PVC line located along Gulfbreeze Boulevard. Gas: 2-inch line located along Gulfbreeze Boulevard. Staff Report Page 3 Storm Water: 54-inch line located along Gulfbreeze Boulevard. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Downtown Area Development Plan (ADP). The proposed rezoning to the"RM-AT/PUD" Multifamily AT District with a Planned Unit Development is consistent with the adopted with the Downtown ADP. The proposed rezoning is also consistent with the following policies of the Comprehensive Plan: • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the Future Land Use Map. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • Properties in proximity have been similarly developed within the last decade as high- density residential townhouse and condominium development. The zoning pattern is in line with a Plan CC policy statement of creating urban villages and accommodating continuous growth. • 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 subject property is located within a velocity zone according to the adopted Federal Emergency Management Agency (FEMA) Floodplain Map. The static base flood elevation of the subject property is 11-feet. Planning Commission and Staff Recommendation (June 23, 2021): Approval of the change of zoning from the "RM-AT" Multifamily AT District to the "RM- AT/PUD" Multifamily AT District with a Planned Unit Development Overlay with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Las Casitas del Mar Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Pedestrian Access: Sidewalks shall be provided along the frontage of the subject property shared with Gulf Breeze Boulevard in accordance with the Unified Development Code (UDC). Staff Report Page 4 3. Private Solid Waste: A formal request must be made to the Solid Waste Department of the City to exempt the subject property from public refuse collection. 4. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 5. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. Number of Notices Mailed — 57 within 200-foot notification area 4 outside notification area As of June 18, 2021: In Favor — 0 inside notification area ° — 1 outside notification area ca In Opposition — 23 inside notification area ° — 1 outside notification area z Totaling 17.84% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area = Percentage of public opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Planned Unit Development (PUD) Guidelines and Master Site Plan C. Public Comments Received (if any) Staff Report Page 5 SqN 0 eqR. m / �w l � RM-AT R � 19 tc�F9 v a 14 8 CU�40_ SUBJECT 4 PROPERTY 10 16 186 2 ts, /r FF n1 ,Q � a 3 a ,6 15 e�gcygL F yq� yFS.$ Date Creat.d 6210/1021 0 r 250 500 Prepared By:JeremyM FEB[ Department of Development Services CASE: 0629-04 ZONING & NOTICE AREA RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily IH Heavy Industrial RM-3 Multifamily PUD Planned Unit Dev.Overlay ON Professional Office RS 10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family6 SUBJECT CN-1 Neighborhood Commercial RS4.5 Single-Family 4.5 * /PROPERTY CN-2 Neighborhood Commercial RS-TF Two-Family ®/ CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse - CG-2 General Commercial SP Special Permit CIIntensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home -,r$ CR-3 Resort Commercial fIJ FR Farm Rural H HistoricOverlayN 6W Sources:Esri,HERE,Gar BP Business Pk k w e �_.���.�� Intermap,INCREMENT P, — — Subj-t Property a,,,e>s -g. Esri Japan,METI,Esri Ch Cily of wan 200'm,ner KongEsri Korea,Esri T av"'s ,rnmzo0usredo0 avners . ( Corpus `_� araonedo,,n200�praore xmoppos�l;on LOCATION MAPFd NGCC,(c)OpenStreetMa Christi Staff Report Page 6 (Pfiannedunit• the v e rop m e n t fo r • Las Casitas die ( 44ar 4606 GuCfbreeze �(vd, Corpus Christi, Texas Owned 6y Date Tree.Moldings LLC, 1 Virginia Yfills Dr., Corpus Christi, TX 78414 developed 6yAwsum6Associates, Gordon SAwsum6 President, 1 Virginia Yfiffs Dr., Corpus CFiristi, 7X 78414 phone 612-685-2210 too ..-:suvXtinffi1! By 1r .An Ener�y Star@ dated Dopfim Park Parque Oe n Xet-Zero Carbon@ 1Deveropment Staff Report Page 7 Of the proposed planned unit development (PUD) of _as Casitas del Mar consisting of the three residential lots containing 19,500 square feet of land with the total dimension of 150 feet of frontage on Gulf breeze Boulevard and 130 feet of depth to the alley at the back of the site. Our PUD proposed is a 10-building townhouse development containing 14 units. In accordance with 4.4.13 Of the Unified Development Code, (UDC) City of Corpus Christi, pages 21-22, our project meets the purpose of townhome development infill. This use is consistent with the neighborhood. Immediately adjacent to the back of the site is high density 6 story residential use of the Beach Place (40 units) condominiums. Immediately across the street at 4601 Gulfbreeze Boulevard is another townhouse development which had received the similar setback, density, lot size and access standard approvals that we are seeking. The proposed master site plan(s) of the parking ground-level and second- level attached as PDFs for 4606 Gulf Breeze Blvd. shows buildings one through six as three-bedroom 2 level townhomes 16 feet wide by 44 feet long. The interior living areas are 16 feet wide by 36 feet long. The first level of the building will be approximately 12 feet above finished grade and have an 8' x 16' wide outdoor deck from which the unit will be accessed. Two units shall be constructed with a connecting deck and stairway which has an area planned for an ADA lift from the parking area under the units. An interior stair leads to the second level. Buildings seven through ten will be 2 side-by-side duplex units on two levels. They will contain two one-bedroom units per duplex for a total of eight one-bedroom units. Since they have an adjacent party wall, they will have a zero- lot line on that party wall. This is an exception to the standards needing approval as a variance in the PUD. They will contain 16' x 36' of interior living area with an adjacent outside deck of 8' x 16' from which the units will be accessed on the second floor above the grade level. The third level units will have access from an interior stairway on the second level of the outside deck. An outdoor elevator is planned to access the second and third level decks. According to table 4.4.3.13 Multifamily Zoning Districts of the City of Corpus Christi Unified Development (UDC) Code, page 24, the maximum density Staff Report Page 8 per acre for RM-AT North Beach is 18 units. Our development proposes 10 buildings with 14 units. That exceeds the maximum calculation for the site which would be 8.06 units. Therefore, we seek approval for the extra density. This request is consistent with the extra density allowed across the street at 4601 Gulf Breeze Blvd. townhome development and the extra density of the Breakers condominium directly behind our property. Continuing with 4.4.3. B, UDC, the open space requirement is shown at 25%, We believe we reach that requirement as follows: section 4.201 allows calculation of open space to include 5% of impervious surface open areas. The pool area shown on the master plans is 28' x 42'. 5% of that would yield 1176 square feet allowed to be added to the 4114 square feet of landscape open area shown on the master plan. Those combined would total 5290 square feet or 27% of the 19,500 square feet of the site. Since the pool area shows an encroachment on the 20-foot front Street setback that is an additional variance we seek from the code. If that is denied, the impervious area allowed for inclusion in the calculation of open area would be 1036 square feet plus the 4114 square feet of landscape open area, totaling 5150 square feet or 26% of the 19,500 square feet of the site. Our master site plan shows we comply with the minimum lot width of table 4.4.3.13 Multifamily Zoning Districts on page 25 Unified Development Code. We also comply with the minimum lot area. However, my interpretation is that applies to the entire site. Since this will be created as a townhome project with individual lots, those lots are less than the standard set forth on page 24 of the UDC which applies to the Townhome District. I do not believe that is applicable. The lots when platted will be slightly larger than the unit's footprint except at the zero-lot line of the duplexes. If a variance is required for this under the PUD, we hereby request it. Continuing on that table of the UDC on page 25, we have a 20-foot setback from Gulfbreeze Boulevard which meets the requirement. We have an additional 5-foot setback facing the street which is green space except for a stairway accessing decks. The side setback requirement appears to be 10 feet, however, our side setback proposed is 5 feet from the property line. This is also consistent with the townhome development at 4601 Gulf Breeze Blvd. It is necessary Staff Report Page 9 to achieve the density needed but does not pose an undue burden on adjacent property owners as the front of the units do not face the side property lines. Thus, we request the 5, foot side yard setback as a variance if needed. The height of our buildings will be under 35 feet except for protrusions for antennas, solar panels plumbing stacks all as anticipated to be allowed under section 4.28.8 of the UDC. The height of the Beach Place condominiums across the alley from our site is six levels in excess of 60 feet. The rear setback appears to require a 10- foot separation; however, a 20-foot public right-of-way alley is at the back of the property line separating the development from the Breakers condominiums. Thus, we show a 5-foot setback from the alley with access to the alley for exiting the parking under the units. This is requested to increase the density and minimize the risk of developing on North Beach. A note to the issue of the 20-foot alley is that survey stakes of my property line at the alley are 17 feet from the wooden fence separating Beach Place condominiums from the alley. So, there may be an encroachment on the alley by Beach Place. The minimum building separation shown on the UDC table 4.4.3.B is 10 feet. The building separation shown between buildings 2 & 3, 4 & 5 is 10 feet. The building separation between buildings 1&2,3&4,5&6 is 8 feet. This separation is allowed by building code. The buildings as shown have no eve overhangs. The buildings will be sprinklered according to building code including indoor wet systems and outdoor dry systems. Therefore, we request the variance to building separation will meet the density needed for the risk associated with the development on North Beach. The UDC section 4.3.5.E site plan review requirements are covered in the information provided on the master site plan(s), S1 , S2 and S3. There are also labeled by use on the PDF attachments. The PDF attachment "4606 Gulf breeze elevations" are provided. However, those are to be revised in accordance with the master site plans if approved. They demonstrate the proportion of the buildings. On the master site plans, lot lines, location of buildings and setbacks are shown as discussed above. The landscaping area is indicated within the Staff Report Page 10 setback area and will be further designed according to code, with particular emphasis to highlight the development. The pool area recreational facility, signage and parking as provided is shown. In the 10 buildings there is 11 ,520 square feet of total building area. Six buildings contain over 1000 square feet and require 1 .5 parking spaces per unit or nine spaces. Two spaces for each of those units is provided totaling 12 spaces. Eight of the units are under 1000 square feet requiring 1 .25 parking spaces per unit or 8 spaces. 10 spaces are provided. One guest parking space for each five units is required by code for a total of 3 guest spaces required. Six guest spaces are provided. Two guest spaces are provided within the driveway access of the site. Four of the guest spaces are provided along the street within the 20-foot setback. If a variance for this on street parking is required, we hereby request it. The height of roof peaks will be under 35 feet however that is not indicated on the plans. The exact elevation dimensions are not indicated on the plans yet. Staff Report Page 11 P. r m 9 - M. Rio Cilia 70 ti rn_ - s2 w s r`c�rc`�Mp. .,j rkf Rae I EMU Y r i 36'-0" 14'- —Lr 1's All r— ' r n Staff Report Page 12 Departmenat least 48 hoursleinem advan"at(���.�32 0�O may coo ti 9 D y q special services,ars rw. oWed to contact Me Davebprinerit'Saerv....n - ? n irrcaonrrdodes_ave li, n-le artenra6n de asistir u eels junta,, =A,servl[aoa mlpeoates se Its Ida n V g 4 n alOftagranto Oft singai JM daArri:< nOrrigro(361182§.3 JQ . N you wish 10 address 1he Commossion dunng the meeting and your EnghO is hinted,plsase call the Deve4opment 5ervio"Department&106 V) a25.3240 at leas!48 hours in advance to wjuiest an interpreter be present dtemg ttro meeting.Si usted desea dhnlgirsa a la commission auranftjf jyn6Ujp,ri Ida es firnitego r at deenl os r t W6-3240 al nymos 48 horas aniles do Is iu,rla ps+_r tooliCj-,ar i,r, nl6rpre,te_sef p�Yenle durente 11 i CO CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezonrnp Case No. 0621-174 Date Tree Holdings, LLC, has pet-tiorieo the City of Corpus Christi to consider a change of zoning from the "RWAT" Miultifamlily AT District to the "RWATIPLID" Multifamily AT District with a Planned Unit Development not resultingrn a channe to the Future Land Use Map. The property to be. rezoned is described a& A property located at or near 4606 Gulfbreeze Boulevard and described as Lot 4, 6, and 8, Block 22, Brooklyn, located along the east side of Gulfbreeze Boulevard, south of Gulden Street, and north of E3eacn Avenin-_ The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate xrining rlaartifiratinn aridi/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be field on Wednesday, June 23, 2021. during one of the Planning Commission's regular meetings, which begins at 5:30 p.�M.,, in the C,ty Count;6 Chambers, 1201 Leopard Street. You are invited to attend taxis public hearr),,;tc 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 Marne: AV( [61- Address E A.v City/State (57�, ( ) IN FAVOR IN OPPOSITION Phone - . - z-b tc) REASON: Signature SFE 4UP ON REVEPSE SIDE Case No 0621.04 INFOR Case No 21ZN1020 Prod Mama Andrew D wnas Properly Owner It) 11 Email AndrrµtY2 tt2!rais, pm Staff Report Page 13 Pemons wth daabrhtles planning�to attetW this meeting,who may require special servgfis,are requested to Cordaot tt%e Devalppminl Ser =Fs Mgwtg merq at teas/48 bows rr*$soca iC gVe 826.3248 a figE rr, con innw iunt des nue tlenen la i pmendn esrs9r awl JllMa , a e riKiWilrA7!," „i�eGrr�alei.1r�a�af suotiC;a g4-e den Wino 4�M}tiire.r7eW de to toots Ilamantld>4l de{arrten+errlo tie nbmero Q61)826-3240, If you wah to address the Commrss4on during the meeting and your EngMsh is tanned,piease Cal the Develtapment Services Department at 436! 826-3240 at least 48 houcs in advanos to request an Aerpretef be present during the meeting.Si usled dews dinou9e a la cornrrri5si0rt uranle I�_ iunta y su innlfs es!MnUdo_[Ivor de Itamar al deoartamenlo do sarvicios de da8tt llo a al n(Xn2E2 WI 828-3240 Al mens N Was antes;e a soots osra_solicitar Sd! !t!t t±DS13t a9C169sltt7tA dunW11 0 junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0621-04 Date Tree Holdinas.LLC, has petitioned the City of Corpus Christi to consider a change of zoning from the "IRM-AT” MultRemily AT District to the "RM-ATIPUD" MultifamilX AT District with a Planned Unit Development, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as A property located at or near 4606 Gutfbreeze Boulevard and described as Lot 4, 6, and 8, Block 22, Brooklyn, located along the east side of Gulfbreeze Boulevard, south of Gulden Street,and north of Beach Avenue, The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commisstnn 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 June 23, 2021, during one of the Planning Commission's regular meetings, which begins at 5:30 w.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) 826-3244. TO BE ON RECORD, THIS FORK) 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 PROVi0ED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by�a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office, or in person, by telephone call or by letter. Printed Name: �' C�`' � Address: City/State C_C. TQC IN FAVOR IN OPPOSITION Phone_ -� C-3 6 a [3-( REASON:: c4. \� C7 Signature SEE MAP ON REVERSE SIDE � Case No 0621.04 IN FOR Case No 21 YN 1020 ProtectF'ropert Chnner lD Protect Manage? hf+deew Dimas y Emaet&11mwp2§octexas can Staff Report Page 14 13611 I, .ray wn a wMMwM1 r+w Uuw ti4 00 *Rd r w' wr*"004% to 00 �a ae wr—410*�'r, w wan�yat"dw+l cwMM�F^f 'I.,t riw P :,. rYwrera.ra.. r i l "lJf UC Mme' 1 P N;. ' �CMI4wfl(�tfL ' 4{V1 ;�t {" II^ M4.I! lar wl y' w.` Ct e.rri_? w 1h a Plarartot! .it,a. r�^t��i�ir 'I I" Yl al r , I'-�-i �• „ r r R• IIILrw ; .e Ic I. ,,• wrat, l�l• -� '. ki a u l r �4 ..�— - A ;1lam ty I-OC210d At Of Ot-1r Ir` e, :;eJli *¢��-:a,r E4:_4ulovatid and deocnbed as Lot 4. 6, vid 8,Bkw_' 22. Hrr,:kl t ierr:<+I+al .mtcrfeg the .t u f!;r,.•r'„a• Boulevard scuttr of Guidon Stte ct,Aind rANth cwt Orscuss WWI �y r"w'+•�!a v+vcLmY _.... { e -t "•• " - "..���,.+"I You art!6f1'1f40d 1 "ej,- F. +�C..,:rew;� r"v�n;'. •..... r w r r - - Ly 1 H E "4.`,I..IRkl;..'h:7. r �. 1_j IN ITS NDTE' v wiih ihr t>l.rnnt,ng, Cammrswon ttyr taw%. no dvt%cusslusa sluxll tx, 110d by 1111, mvrrIbt r s r rtte.r+^I r e +t'r,h,%Ccxyrrt %vOn vm1h an applrtant Of Appe 4liftt C>x*r1':+?rei1l;_« ,rn apvile.wtw(l or .iVjA!a! m r)r nflicv or in person. by IeWphoric cull of by 1ti*uct f IN OPPICSiTION tl i •gip + � ,. r ' Staff Report Page 15 Persons wk, 1s planning to attend this meeting who may require spedat services,are requeeted to contact the 00yek4wrient services Deloartmeni art w.. 48 hours in advance at 13611 826.3244 �rfi4igaa car+iRrdrlacidades.sue lane to iRtengbn de mrda nue q�ryut ro 5ervici-324 G0 flea.ae les.g r�irca qui den ainso ¢8 hcuas ant®gmde w u en otc�g a elate de rrotlo.al pgttr0[361)925-3244. ii you wish to address time Commission during the msetmg and your English is limited,please call the Devetopmient Services Department at(361) iun 825-3244 at least 48 hours in advance to request an interpreter tae prewt during the meeting 5«usr�etl desep,dmgi_�e a IA Q4rr rtt8r"Wri me la inapi4s es ling— hamar al eflartamonIn de smelt oa,de da3anolla SIA d 1 WOW un ir+ts4r Tte ser rsp_nto dinar! tadutar4 to un„la. lI1RTa Gare....,-- . u a rraanoa 4 oras antes de to CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0621-04 Rate Tree Holdings,LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM-AT" Multifamiliy AT district to the "RM-ATIPUD" Multifamily AT District with a Planned Unit Develo men not resulting in a change to the Future Land Use Map. The property to be rezoned is descnbed as A property located at or near 4606 Gulfbreeze Boulevard and described as Lot 4, 6, and 8,Block 22, Brooklyn, located along the east side of Gulfbreeze Boulevard,south of Gulden Street,and north of Beach Avenue. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andinr gpe«cial Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved Zoning, The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council The public hearing will be held on Wednesday, ,Tune 23 2021, during one of the Planning Commission's regular meetings, which begins at 5:30 Rm., 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 AND MAILED IN ITS l=N1THE OWNER(S)OFORM MUST B O ILL D OUT, SIGNED BY THE CURRENT PROPERTY 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 discuss"ion 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'tetter. Printed Name- LI' � tom_ %f11 Address!` e�! (Z=P V -�k Q k4 _CitylState. Gr-p.,)5 ( y IN FAVOR 'f�IN OPPOSITION Phone: 13 REASON. Ltitial. ekev.5iiy `lhe^ 5"%-k Z�} Cy..� '�t7•ct),,`� Si°�h t�i � �r-�`y,r,��i' triFr•�5 rtj� �,�� �,y Signature SEE AWP ON RE'rlr0:,E 31Lt Case No D621-D4 iNF+L]R C Rise No 21ZN 1 �, Proigol Manage= Andrew pimaas Properly owner to 4 !Email ar:jrewC`+2j�gzi9><a5 W�1,m Staff Report Page 16 nersans wry. .s pwflnnp to aiiC*d lira rrmcetmg wtl0 may nMjire si +a1 ryOxi rtmcnt '` 'r revk+nsl�ed 10 CArrtad-C ihC afrYe VapfTlet"`aeNif.&5 n at k. .48 hours n advarrcp at 43&14 dA-3:401 E'•Q?:.,&+rW...19P r:-JP�a �� 5_:•; i11..+er la �riC�.�i�r tie j okr a esil-vILLY -u± jyj,.11fyn 11 SCcy n['G55 LSfjlN€o,�Ip6—C•41515.§,5[111+1A;�U 1}'"^;��i Win ( _ W:a .9, J,: d,L ..r I, �+r.. a- �' rtdfi IGG dC Sbl'J Y[y0f,„f F`a-r'w.� ._........._ ._- �u1re10 Jb1j 81fi 3a4�1. !0-0- It yO1a wish to a*4rM,!the Cariwnciis;on durArg I"r , .l ;,ui Enyl+g:h Is Irrlut,.o.pinaw cat+Ilse L;e-,,'Ir1:,rr�.'nP Servls.es Dtiyart.'n'ervn.al(Xi I 826.32441.l4 Haat 48 hours in advance to request xrr c q:reM d riny It!nc�e[my y�sl„t.9ti a.U_r,at r:e is g,r,rr aS,p^y ra•t_la urs9....Y_3Sj in lgg..rw5 tnmdd rd.'vCdr 519.IldmAr al pt}.'.. I_'=e'.�i.�.K.+.S_de f ete se ewe - St4 w:lPr t�llp.g. 1 nl!';''ra3?d:J,ill' rRI 4�'✓^•:'a3 ar+lr;s dr I�1 1' drs7 sikir4:,.dr syn.r+' rF` F`..,_._ �.„Qn.rarlt� .+rte. CITY PLANNING COMMISSION PARI.fC HEARING NOTICE Rr7rirt)rig Case No.0621.04 Date Tree Hold-gs, LLC iI,J� Pt•I.tl;:nt-d!h•.-,`1 :''Corpus Ch+isti to corsidi?'a change of zoning',-,r-the RM-AT Multifamitt�AT District to 'nic. ''RWATfPIJ D'" Il ultifamily AT District with a Planned Unit ..,. Development, v elhpmcnt, not resulting in a chane tp the Fund Lyse M ttlrt' l aap. The pruperty t.: .:r rF; A property located at or near 4606 Gulfbreeze Boulevard and described as Lot d, 6, gild 8, [sloth 22, Brooklyn, located along the east side of Gulfbreeze Boulevard,south of Gulden Street, and oudli of Beach Avenue The Plait°Ing r"rn 5,,=".iv,7 may recommend to City Council approval or denta, or approva�of an intermediate zoning classification :3r;6or Special Permit Approval Qf a change of zoning, it inconsi•,,u It with the City a Comprehensive Plan wild also have the effect of amending the Comprehensive Plan tc r•:'flect the approved zoning The Planning Commission will conduct a public hearing for th,s rezoning 'e'Yu�st to discuss and formulate a recommendation to the City Council The public hearing w I , a"PId of WednesdaJY ung 2021, dunng one of the planning Commission's regular meetings wr*31c 1 ,-;.:i n-. i 5 30 p.rn^, rn the City Council Chambers, 1207 Leopard Street. You are invited to attend this pub, r-ic a,Ir I I t1 e,p e- s your views on this rezoning request For more information, please call (361)826,3240 TO RE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICF '• `lFPARTMENT P 0 BOX 9277,CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROV--)E [i HF 1 r) ",'PEGC)liALS PUBLIC RECORD NOTE: In accordance with the Planning Commission By-Lawsno discussion shall be field by a member or members of this Commission with an applicant or appelLint concerning an application or appeal,either at home or office, or in person, by telephone call or by letter.. Printed Name sr-LEA! 91ZI lM S � J 0/ftv Address ' " e (5 .jf /15T j ( IN FAVOR IN OPPOSITION Phone e' , t '�ri REASON: l�•� C�4�7�-TE l�lf7� t�I,�v C- 1 S5 C'F�� P6 1 A� 1.9,`74i -k 5`4)v 4 44o Tt-)L-) �i/+V/ IN s Lam' t. !:EE mAP CW Pf-WPSE SOE ( Case No 0621-pd 44F©R Case No 21IN1020 /' Prge�ct Manager Andrew Umas Prac+crty Oi Owner IUD Email A!'-+ew"r E-p;e,.as ccm Staff Report Page 17 Persws wth dretabdkttree plannwq to attend thrg meeting who may rNude specutl serviCes, am requested tO corrtaa the Cfvelopm.ent Sefvrces Deoadr-nenl at least 40 hours n advanot at(361)82&3240 Pjjjg.". § _.nue k+ernt!n Is ontr=ncicki._ :t•_a eunRa y que reilulertfn swtvre9e e6psxale4.se fes_supYi_ vaso 48 Noris antes de sa 1unl IlamilnQ4.11 qVp#qjMtnta de se^ a+�r�._det��€ilo al 1f you wish to addrt"the ComxtiMOn during Me mMpng a A youf Englwi s lirruhd,please cat 1+r0 0evelooment Ser.�cas Departmrmt at i361) 826 3240 at least 48 hours in wNsincse to requw®t an irfterpreler bn presdnt dunrg The rneeting S usled dilw d+x#r a la wranitollon dura"A u nta y _rd_„firAj"n r-inlgoarete t?rr14mar at aLYr�I I To ales de deGamweo al r1 uT?vfgi.i �'�8Z6.3z4o al rt�}n{p+s .,. pG j,.�nies de la .. —I_ CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 6621-04 Date,,Tree Holdings,LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM-AT" Multifamily AT District to the "RM-ATIPUD" Multifamily AT District with a Planned Unit DevelopmeriL not resulting in a change to the Future Land Use Mao. The property to be rezoned is described as A property located at or near 4606 Gulfbreeze Boulevard and described as Lot 4, 6, and 8, Block 22, Brooklyn, located along the east side of Gulfbreeze Boulevard,south of Gulden Street,and north of Beach Avenue. The Planning Commission may recommend to City Councri approval or denial,or approval of a,, intermediate anninrg nlaccifir-tinn anrdlnr Sfraryal Paarmit Apprnval of a rhangn orf 7.ming, if incanruwpnt wtin the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Pian 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.June 23, 2021, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in fire 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 MIDST 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 78468-9277. 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 letbst: Printed Name- Address:,)`G4 k:gle A,-,c— 3�� ( } IN FAVOR t (e{ ' ,><IN OPPOSITION REASON: " 6-0j t4lh f 4/M�,� lt^ �G�= r �� 5SRC JJ 6-40%t�llr'�11h. �+ r= f1C� dC� �iU {fc�c)rht�, vti� LL'R �tuU'nti Sig ature SEC.NW,ON r�EVLPSE SIDE Case No r*21,04 -NFO 7 C:axtr W 217.N"020 Pn4rid Uanager Andrew Okras Prr,Mrty(?wror,,D 0 Em4W Andre_wO=cglei,4da..wir Staff Report Page 18 C1 rY PLANNiNG C04filliIIISSION PUBLIC Ht A AMN t:NO rrC r RerariOngCo-,NO 0621-04 Date Tr"Holdi n gs,LLC, haq nmiltiorled the City ua f 5(;110"ist I TO a�rljriQe cA tuning b V" AT- M •Ila-, tj AT -Rm _Q41n 1)U M 0#17, jlT ",151riCl with 4_?1jnmed Unit 60 -- _St to Jhf, "RM-Al, ___RV 0f1""qt'-ny1 rekU_1km . -I!) r) r g_i!l_q chaFj_0_!_q Iliej,ity-re- Land-Usu m,',1 V-r -ejoneg IS [34E'S,j A prof-*fty foc-af-d at or noilif 4606 G4J1fbf00Z0 Boulevard and descrR*d as Lot 4, 6. and 8. Block 22. BlrccuiYn 10catvcs Along the cast side of Gulfbir"Zo Boutevard,south of Guidon Street.and"onh d Basch'Ayrrnua- T rw Pianmn;C,mission ry,,da y rec-,>r-7'end-,o C it,y Council approval of denial, of a(mr oval of an wntenr**-ate toning class-'1,,alion jn(vot SDecitj Ar)prnal of a cr).4oge of zoning It mconsniterit with the City 9 ('0mrWPhPn'C:4VA Cann, 'V& 1150 have the cllr-cltaf arren-d-rig the (;omwchcn3-#C Plan 10 r9ftZll Lhc RPVQv*d zonirki The Plannrrig Commjst:,.�n Yd.!! :Cr)Lj4,Cj a t>ut)j,c 10aling for This re,zonlN request m amc.4.jss acid a!r a r0cOmmef�01at*M TC Vic, Cl:y Coonc: The putty Meaning wil be rveld or Wednesday, 202_1 d,,r%n9 EY-le of The Pianmng Commission s regular m"tLngs which tmef)-s at 5 -10-P—M In the CAY -c,ur-,Ct1 Charrbo�rs 1201 LmpaFa Sireei You are tnwtea to attend lh,s pubf,c healmng to express yov vwws _rI 1hi i rezOnmg request For more oformsmon plea"caj(361)826,3240 - TO BE ON RE C057iWIS FORM MOST-C FILLET]'&if 9k,N Ur,-'13Y THIE"EiiRRENT PROK-14TY '=NE R t S j AND"L ED IN 17S E-4 T kRF TY TO THE DUVE L 0 PM E N T SERVICES DE PART ME N 1. P 0 SOX 9277 CORPUS CHRISTI TFKAS70469-9277 ANY 1NFQRMAT4()N PROVIDED BELOW SEC" UES IUBLIC RECORD NOTE, In accordance with the Planning Commisgoon By,Ur"�, no discusnian shall be hold by a nw-beror morrb-ors ofthle Corn n)ission with an appheani or app4iflani c.nicerrirg an appeal,eithor at hoMe or office.or in person, by telephone call or 4 lat-tiat Pnn*a Name pig -Try `7 phom ?, S7 1NFAVC)R IN OPPOSITION REASON -TV�e p(vn,-,yck -s,ie r S --t 4x> S"I -Fz-- SkJc 1,- 7v, < pru -4 f 5'tu 6 -tD sq-*ez.,e- i", Oik-'?'r conocf-ev\ -+0 Ifice V-�r LkA Soqr-e C-d- C-C 4 d'>0j' ror SEF V-AP ON F±7I(FQ-V SID4� Signature CAM 111116 act 44 JIWCACSVS� ?TZNISX pmpa moftm Aftsvw Dw4m P-AwTY Ciwb-.c' Z) 12 &mt&MV&KW0 Staff Report Page 19 o ;u .-. -9 ©m CL :3 C) Z 0 Q. m w a 10 �— rJ NJQ Lh c� 0cn — c Qs ro CD rP 1 N Y Staff Report Page 20 garcons wsh disa1Aillea pliw+nrfig to attend this meeting,who rr9Xy i+re SPKWI SeRrom,are requested to contact ttae C DepadmoM art tacit 4$hours in advance at(381)828-3240.Pim as lodes,oak b"n to triton rabra djjAg les suolio quo n avaig 44 horan n�Yj�t@ro Y�615 M If you woh to address the Cornmission during the inciting and your English is limited,plisse call Mee Developrnorit Services Departirmwo a 828-3240 at Mast 48 houts in advoom to request an Norprete+be present during Woo meeting 2-y90-qdoses di9sne a Yj eammrsslon„durance wnta v ski indg9s e9 Idmaadq {y�7f,tl@,Ik8fn8Y a4 t7 "40lnento d ? ^. n 3ts�;5 3_ � 1 8_ri�nOs�A�Poryaan11rs de la IU' D1A[$'iK111.f2trRr ;n'mtP(pr�e9�.$er�"��@nl�d fr8nte 18_uYtB. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0621-04 Date Tree Holdings, L.E.C. has L,e°,'coned the City of Carpus Christi to consider a change of zoning from the "RM-AT" Multifamily AT District to the "RM-ATIPUD" Multifamily_AT District with a,Planned Unit Development, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as. A property located at or near 4606 Gulfbreeze Boulevard and described as Lot 4, 6, and 8, Block 22, Brooklyn, located along the east side of Gulfbreeze Boulevard,south of Gulden Street,and north of Breach Avenue, The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit, Approval of q rhangt%M:nningt, if inrnncrctPnt 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,June 23, 2021. 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 CWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P. O. BOX 9277,CORPUS CHRISTI,TEXAS 78468-9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE. In accordance with the Planning Commission By-Laws, no discussion shall be hold 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 Ietter. Printed Name," Address: ( ) IN FAVOR (V)IN OPPOSITION Phone..,' REASON: Slgnatufe SEE~ON REVERSE SIDE Caee hair M I-04 1NFOR Case Ido. 217N1020 Prot Manager Andrew 01mas Property Owner to 0 Email Anerewt72a r_.b rte+ Staff Report Page 21 taw ii"Wem, - sir cj.ryptjomNG C 7Ir►dE' C•<* w vt ,�. ITP"L � SIT t ,frr►a AT - MC4 dton e and �trd aOd A pts' i0cated �, �.a Broomy n' c y TIV 7�, x'74""" �..- � . . t w ` gqn TH, TC, ^.�Gm. E �* Rey�'� .... ,� �r�.,•.b!L.�..s ��Y�� MLOPW t tom', t tits �" t :. .. NCTE t, accordsocovAth the PR:ar�rr,rag = � ' cc an toc" :� Merrbc,T or members 01 tttr�Coby mnn�s�r��person,� mcg ep ��of < appeal, elthheir at hoc cr n �cc, iar n Z* REASON . Staff Report Page 22 �mm m CL M. rn Q Z CL z o 0 ;Fon0 CCD, �z� 7d m C� cn z Al M cD li � rf r1 d � 1 { Staff Report Page 23 > > CL m zi. m CL CL cl > X > 0 2 m (D 0 W 0 0 (n CL 'D c z cn OL Z (n cn z > w > z < 3 c Z < 3 0 CD E5 rn 0 z co (D 0 (D Z, 9L Z CD Staff Report Page 24 . r . Pe•'y.its .S;itahr,nd to a!lerd;h.g mwpe;,l'irQ.whu rray•rj,dirc-.prr;al are rt&gres'J",10-Grnja-1 the Dev"P+wr S-__O:es Department at i, +8 he^.rrs w adwan• nr.q rrM—i dk y3isErr l ' r'a.Y 4�e wv JI 13E.ta i� i 9i�4 Pyr gii'�,5._:✓.! '....:LL.�zf�.3L •. �_ la. L:.. r IR..s put..i _ 5'�rrry uvisi411 5?ai,lt3 ter,4a,U d ..i: J. .i Sia'ar-re^u_:7- -fr r•»:IfAK..de 4 It you woo Iq awrrss the Currrmrsslr?r^dllrrrlg I"NP r'je t."1[r and ru'ur Ehytah rS 4rrsd9ir,rr IQQ1W Calk the L*VekUprrro r!srrvra:ey Dtlparlr+lCrrt a[;:511 r4' -3240 at Feant 48 hojrg n aNarluo to requssl an gI0F;1f ;nr Le prt 56•a d4+try IFC rnE h slc9 6r159a tl,nm ■la nrnuryse+an dµ!�n1r� 1 Y su hots CS limr„r.Yo,lr.•nr Ae Kama,al n9 VL�t1F S1ti}:,ir7;r+ui':C di:Su-+^r�ruub do d{;�rl^..II�_fl,Ptcrntoru i3G1�8?+ri•32tQ�l rinpnAs 49 hW a�anY�;,dr la ra 5e'Atitl Yf_.57^—°1L9f �4�!,C'"p5ee�,luranlo�r�� Cl rY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No, 0621-04 Date Tree Holdings,LLC. has petitioned the City of Corpus Cnrlstl to cons,de,a change of zoning Porn the ^RM-AT" IVlllltifamiR AT District to the "RM-ATIPUD" Ntultifamily AT District with a Planned_lAnit Development, not resulting in a chane to the Future Land Use Map. The property to be rezoned is descr-b c as A property located at or near 4506 Gulfbrecze BuLilvvirrd arid de-g ribed as Lot 4, 6, and 8,Block 22, Brooklyn, located along the east side of Gulfbreeze Boulevard, south of Gulden Street,and north of Beach Avenue. The Panning Commission+'tray recviri,iiena:_::i!y Goi,rrll a:`, -;i -.,denial,or approval of an intermediate zoning classification and(or Soecial Permit. Approval of a char„ ,u^ing, if inconsistent with the City's C:or,)Prehengive Plan,witl also have the effect of amending the C. r l : ' .:I isive Plan to reflect the approved zoning- The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a reca-rrrendat!on to the City Council. The public hearing will be held or Wednesday,.lune 23. 2021, Burin-, I, .,° the Planning Commission's regular meetings, which begins at 5:3 .m. in the City Council Ct1:a r rcr 201 Leopard Street You are invited to attend this public hearing to express your views on this rexc cirg ter ;est. 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 CWSTl, TEXAS 78463-9277. 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 homes or office, or in person, by telephone call or by tetter. Pnnted Name Address mcba. Rai ArAL un r ' 464 CitylState: ( J IN FAVOR ( IN OPPOSITION Phone: 'A% 'RS lq4l(, REASON: r yt�r a4'`s 1.,+ ^►S +► w�Iti. e�M.r •1�1.1� a ee ten w,�a Signature SEE MAPO�P'FvrA^st 5-VE iNFOfr Case Mo 21ZN1UD i talc Maraywr k,grew C1mas Pr4Re`y Oar*r 0 0 Ema! {`t_,!+",pw1 L1 C r Staff Report Page 25 Pcrsans wnn Csabllrte�;ara171n5l to irtMnd this meetiN who may require a P.GaalrnrJrtt a1 4wr 4$her-r%npec u, �' are requested 10 cr]ntJ`f t p L: 7ev+k.•4r rte,S»..a!s advance at r361y 4:6-3240 Per can p3gdjp� qua t+eren Innm Mir, de a�este untaia,a '91yrCren sertiif'�:espy-.:a�^s se..Mel"W-119"'t 1h 42 L!A_h21as A n r*de la Mill llamandc al...�gri smart.: a xcn�t_os de'7es5'a+rc3 31 rtwnero 136 tj U).6 11s4C - "you wmh to aoarrsx the Commrgsian dunrg the meeting and your English ra IlmRod.pieabe rail ft Cevekonneni Se•woe5 Department at?361; 826.3240 at eas°46 ncwrs m advance to reaues4 an rnterrinetar be preaant durrrg the r7eetlng 51 111W dafti,diMwbe a in rsslon d,rami m r�IntO Y ei rakr,nn n* aijn fay9t�lrymar a rltapar .til roar �I rnr,9 a L��6-1244 al rrlprros 46 %_7a iii,-OR In PP t��a°rr'r r(,tfaMe IA iufNf . CITY PLANNING COAfMISSION PUBLIC HEARING NOTICE ReZnriingr Case No.0671--04 e T HokH_n s LLC. has petitioned the City of Carpus Christ,to consider a change of zoning from the "RM-AT" MLjkftmitY AT District to the "RAIL-ATIPUD" Wiltifamilv AT nintript yAth @ Planned Unit Development, not resulting in a chane to the Future Land Use Map. Tt•e proper'Ly to be rezoned ,s described as. A property located at or near 4606 Gulfbreeze Boulevard and described as Lot 4,6,and 8, Block 22, Brooklyn, located along the east side of Gulfbreeze Boulevard,south of Gulden Street,and north of Beach Avenue, The Planning Commission may recommend to City Council approval or denial,or approval of ars interTledlatid Tuning classification and/or Special permit, Approval of a estrange of zoning, If inconsistent with the City s Comprehensive Plan will also have the effect of amending the Comprehensive Plart 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 Cky Council The public hearing will be held on Wednesday,Ju 23 2021, during one of the Planning Commission's regular meetings. which begins at 6.30-P.m., to 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 hold by a member or members of this Commission with an applicant or appellant concerning an applicatlan or appeal,either at home or office,or In person,by telephone call or by letter. Printed Name: Address: 2 0 a n Cityfstate: -r Tx ( ) IN FAVOR (50 IN OPPOSITION P` 71*-T 2, q c2 REASON: )rl 0-t Yt L� 4'v^'� hl K A I d � evtIi. �`e''� ap►��,�� w�� OKI a4" 1-1�) OL-V^ Voc�rlt �1�s761�c ,� . Signature `- SEE UAIP COV RE VERSE SIDE Case Nc 5r?t_34 Prwa Ceae er 7iz91tp F*rorect Lionager.Androw Drnaa Prapmrty C)Ywn�l0.tl Email��V!S' 2*GCiE KaS Cyr7 Staff Report Page 26 PUBLIC CCS III ENVI PUT FORM C ty of Corpus Christi This form is not for City Council. This form is for City Boards, Commlttecs and Commissions ONLY. Enter the name ofthe City Board, Coi—i—ittee or Cor~r~ieviori. ! a':" .. DA-E OF MEE-1N G 04123+21 NAME. .:,.. .: rY�.:;.... ADDRESS. S—A—E. F). ZIP: 74442 AGENDA 1-EM NUMBER (if applicable). ..J If no agenda item ie specified,then this will be considered a general public comment and nota public hearing. As a. home owner on Gulfbreeze and a resident of North Beach sir�ce2001, l support the Planned Unit Development proposed for46016 Gillfbreeze Blvd. North Beach is a mix of tall condos on the beach built in the 198Gs. hotels, canalfront homes on the west side of Hwy W: and several cottages on stilts alontt Gillfbreeze. I live in one of those single family homes. Since North Beach is zoned RM-AT with T meaning "tourism:"that means that hotels. townhomes: condos and singlefamily homes can be built here. This proposed 1G-unit development would be better than a hotel or a high-rise condo as the units will be long-term rental. It is very similar to the other 2 cottage developments ;gin GLllfbreeze. I welcome new development to North Beach and think Mr. Awsumb's PUD will fit in we II here. Staff Report Page 27 tam pumntl19 to atlew me nmCc-ing, N'rl.C1 mfr 1'MI�Yra x{%�`=>al AR^,CaRA.ax it"04%1aziad to ccMIKY It*10"' Ormpmt Sam me w O-bla st least 118 hours n advaoaa at 3611}025 3240 Pets,las-an nea3:Lxlaees.4lje.t**nen to inq+gn ._do aaMfir a*%ta,unlip y,MR regu arerl slrl/aon4 asaxck✓ _w_..i icr qua COMM <B hares a�3g o...a un'I, _th,'tm neo a1.,dgrs+tannenSa..gP eervuo�f1e ie�®�at�'I.JI 0f02%-,L361]826.3240 11 you**h 10 ad m$,*the Corrama)S-uf+dunn,A 1he muting arad r�aur CngWi m betted.nAe&W rail d1@ Deveon-enl Svwes Depnrtmene at 1361) 026. 240 al Wast 46 no,lre n advance t r@gaflEt an,ntergreter be PMS"I dUnrg the Treating RMin�i NMI Y Sw Mal@*eas I.Mnpdo fW.Gr do 17amar al aVar107ent0 me SC VIC4"t JG drFancaa 411'+fir VWL3 1 25-32411 8;ITOM&48 horaa antes de,� iunla Fara SobC113r Lg,nWfG'eVe i4f NO.AMC�FE 4LM8�11r3 ta..111'nla CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Cara No. 0621-04 Dass Tree Holdinos,LLC.has peMtoned the City of Corpus Christi to consider a change of zoning From the "RM-AT' Multifamily AT District to the "RM-AT/PLID" Multifamily AT District with a Planned Unit DeYelownent, not resulting in a change to the Future Land Use Map. The property to be rezoned 16 described as A property located at or near 4606 Gulfbr". 2e Boulevard and described as Lot 4,6, and B. Block 22, Brooklyn, located along the east side of Gulibreeze Boulevard, south of Gulden Street,and north of Beach Avenue, The Planning Comn:Isstan r lay recommend to City Council approval or devial, x approval of an intermediate ?nnirvj a laicairratinn arrtr:sr Rriewial Pwrmit Apprn al of A rttian(jo of rnntng, if inconsistent with the City's Comprehensive Plar-, 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 discuiss and formulate a recommendation to the City Council. The public hearing wO(be held on Vlledneeday.June 211. 2021, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Coluncii Chambers, 1201 Leopard Street. You are Invited to attend this public hearing to express your views on th,s rezoning request for more information,please call(361)876-3240 TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THF rt)PRFNT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT ` l .` :, ' I I l"IC NT, P O BOX 9277,CORPUS CHRISTI,TEXAS 78469-9277. ANY INFORMATK)h4 I HJ,lUt'.J etl_�,)'%dECOMES PUBLIC RECORD MCYTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or riembors of this Commission with an appflcant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name . '.l Address_/ City/Staps: r { } IN FAVOR IN OPPOSITION Phone: � ��"� t- REASON Signature SEE MAP CW FWYEASE SOE Cow No WI-[M INFOR Cane No 21 TNT 020 Clr-r-A Manager Andrew 03 6* prtaperty Owner 10 0 L-wl rgndt@aRR22 r:ueaeas, rn Staff Report Page 28 � .1hrBs plinnng ko attend this rne0trng, who may requme sWW, 13pnitm .._ 48 hwm in advanoe at 1361y 926-3240pglsgRBs rap�n rr liner:7 ion.: N MEM.bEMd4 ou*Oa" $0 4M SOVICS 4ue derl a'91s4 49"Ms AM6 2e .s '}Jm0 13811 BSE-3244 - •.•- ... . If You Wsh t4 addrsaa the Commis+on during the meeting and your English is Irri"d pirase call!hr Dcveeiopfrent.Sc :. . .. 028.7240 al least a9 hours-n advance to request an ntenpretar be pmont during 1He Meeting $I usidd drrana GI"Iapise o, e tarday w nnQgy sei llrn itado,18wr de 11amof at dgt fitUm iko vir wrelims ft_d"a'rob:;a,nympra CMU 829 'r4i r ,i5 dtl rly.lS tot d@.a Wta,Paris i f-ort 1rA*M!t$t4.8EJic"O4le dutarrte Ig junta CITY PLANNING COAWISSIQN PUBLIC HEARING NOTICE Rezoning Case No, 0621-04 Date Tree HoIdir►4 s LLC,has petitioned the City of Corpus Christi to Cc•s ider a change of zoning from the "RM-AT" Multifamily AT District to the "RM-ATfPUD" Multifamily AT District with a Planned Unit Development, not resulting in a change to the Future Land Use Map. T"I(s F ec)pµr`y to be rezoned rs cesc,lbed as A property located at or near 4606 Gutfbreeze Boulevard and described as Lot 4,6,and 8,Block 22, Brooklyn,located along the east side of Gulfbreeze Boulevard.south of Gulden Street,and north of Beach Avenu€t. The Planning Commission may recommend to City Council approval or denial or approval of an intermediate zoning classification an for Special Permit. Approval of a change of zoning, it inconsistent with the C ty s Comprehensive Flan will also have the effect of amending the Comprehensive Plan to reflect the appr;;vcc 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,June 23. 2021, during one of trite Planning Commission's regular meetings, which begins at 5:30 p . .m. in the City CounO Chamoers 1201 Leopard Street, You are invited to attend this public hearing tc express your views on this rezoning request. For more information,please call(361)826.3240. T0 BE ON RECORD THIS FiJRfA M;JST BE FILLED OUT, S!GNED BY THE CURRENT PROPERTY CINANER(S)AND MAILED IN ITS ENTIRETY TO THE OEVELC)PMENT SERVICES DEPARTME=NT. P 0 BOX 9277,CORPUS CHRISTI,TEXAS 784$9 9277 ANY INE-)Rf!" TION PROVIDED BELOW--?ECOMES PUBLIC RECORD NOTE. In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal either at home or office.or in person,by telephone call or by tetter, � f:;,r.,� .. --•e``y$.'w" C�'�. '"eaw.wl..raQr7 ,,,� _.. ..-. 1 Printed Name: a7 r+'1i' � �l.a.�.s.�'t lam...�..1' d3.1.."c..,A['.44�I.. d Address. � 4 ,,. ,r ,r' r / z CitylStt►te , _ ( ) IN FAVOR �IN OPPOSITION Rhone: REASON n C:; ?y.l ae sr �.-, ,rr,r'. ,.t.: r �/r„�,;,,4,y @.i c''.,./L,j,S'o.:1-s� Ixr..+'i�"' 'rc[r.'r•*.If'v.Sc Cr>✓'1Ja frC�t �..r„� . .r. a .7.f5 G*C-Cc-s r � � r�uA -Signature,, SEE-WAH(A RE VEf7S£SeDE _ Case No 06.21-04 INFOR C:aw,Nita 21'LNA�2L1 .. '•,.. •Manager Andraw D"s Property Owner Ir) 0 r +.. -�tix",� . ' - . �.►�.., xn�;�!LLu®e:asci Staff Report Page 29 ,,STED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y 5U INGLES E5 LIMITa ,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION.FAVOR D►: LLAMAR A LA OF'ICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(3611826-3105, PERSONS WITH DISABILITIES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT(361)826.3105. PERSONAS CON INCAPACIDADES, gUEWrENTAN ATENrJER ESTr1 JUNTA YQLJrrmR 1UIERENSERVICIDS ESPECrALES S SUPLICA f1E l7EN AVISO 48 HO�RAS ANTES DE LA &NTA L+LAMANDO ALA OFICINA DEL AL RIC1 nl LA clup�.1�AL NC MER 3 11826.3105, RECEIVELY CITY COUNCIL AUG 1 1 2Il2l 1 PUBLIC HEARING NOTICE Rezoning Case No. 0624-04 Data Tree Holdings, LLC.has petitioned the City of Corpus Christi -Lr, ce_r : ori rilii,� from the "RM-AT" Multifamily AT Distric to the"RWATIPUD"' Multifamily AT District with a Planned Unit Development, not, resulting in a change to the Future Land Use Map. The property to be rezoned is described as. A property located at or clear 4606 Giulfbroe ze Boulevard and described as Lot 4, 6, and 8, Block 22, Brooklyn, located along the east side of Gulfbreeze Boulevard, south of Gulden Street,and north of Beach Avenue. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning-The City Council may recommend Cather intefrrrediate zoning classifications and/or Special Permits, Approval of a change of zoning. if inconsistent with the Flan CC, will also have the effect of amending Plan CC to reflect the approved zoning, The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, August 17, 2021,during one of its regular meetings,which begins at 11:30 a.m. The hearing will be held in the City Council Chambers. 12011 Leopard Street You are invited to attend this public hearing to express your views on this rezoning For more information please call 13611 826.3105 TO BE ON RECORD, THIS FORM MUS f BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER{S1, AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE P O. BOK 9277 CC)RPUS CHRISTI, TEXAS 78469-9277 ANY INFORMATION PROVIDED BELOW NAMFTc" tlth8 . i lea se PnnI ADDRES C"v PHC7NF N(7 IN FAVOR > IN OPPOSITION REASON& 4tt�� _. Si1nature SEEuAPoivF.=kc�:" INPOR No z+.zni*�20 Prnpelrt Owrau ID Ci F r,,c:1',t:rn.ayri'r i..r.,w_•iris Staff Report Page 30 Peirsons with disuitiflibeis planrong to aftwid this rnesting,who may*quireqpq �to oontaid the Oevebpmarit Ssirwom s;*(*1 a r uestL. Peparl,"ent at laa94 48 hours in a-I'varice,at(361)826-3240.ftVL, qpMLj2L_0r,Ap _,_ior,de d31 a esta iurate V gue requierel SeNICAn'A k*violics due den aviso 48 hotas antes Je ;i jvnW iliirnandr at departamenia da mww—im as dMirraft.w ncitn�,tk X3240. N you wish to address the Cornrrussan during the meeting arta your English*!ErnitiW,piease c,-)Il the Dev*iopment Seroces Department at;'161) 826-3240 at WuM 48 hours Fri advance to-epees.an interpreter be xet-1 ourinq t?)e,movinq Si in mrw u 0 -e.0 ns_V,n ewa dhnalrl iEM y Su irig.,ts as 1lm4adc.tava(de nArrqir HI .,.qt wry1ciDs ue desayAo W M60MQ(NjjjjL-MjQ jai rrenoRAQ_hcras anl.�q;de Ia C/TY PLANNING COMMISSION PUBLIC HEARING NOME Rezoning Case No. 0621-04 Date Tree Holdings, LLC.has petitioned the City of Corpus Christi to consider a change of zoning from the "RM-AT" Multifamily AT District to the "RM-ATIPUD" Multifamily AT District with a Planned Unit Development, not resulting in a change to the Future Land Use Map, The property to be rezoned is descnbed as- A property located at or near 4606 Gulfbreeze Boulevard and described as Lot 4, 6.and 8,Block 22, Brooklyn,located along the east side of 0 uffbreeze Boulevard,south of Gulden Street and north of Beach Aveiiuv. The Planning Commission may recommend to City Council approval or denial.or approval of an intermediate zoning classification and/or Special Permit. Approval of a orange of zoning, if inconsistent with the City's ComWehensive 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 rezorinq request to discuss and formulate a rucommendazion to the City Council. The public hearing will be held on Wednesday, June 23, 222t 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 Itc attend this punka hearing to express your views on this rezoning request-For more informator. 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 11 S ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT P 0 BOX 9277,CORPUS CHRISTI,TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BEGOMES 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 of appeal, either at home or office, or in person,by telephone call or by letter, —�IA /T Al Printed Name- C HP;7/�' �- 6AI�*ICAC'& S A"--p 0 tJWfly)P 9 � 4610 &III-Pi5k6eZ.6 Aw/p) Address-, 42-fe City/State: rAAOG W&t:ff ZJX J-1,-7 IN FAVOR IN OPPOSITION Phone. 7, - REASON: wwK w4?vow-r40.,T15 c NQS - rkmy/EA,6-1,ec C-P— (kc, 0 'or- fi?vm trey r SEE MAP ON REVERSE SIDE C r) Fps Case No D621 04 INFOR Case No:21 ZN 10201 Project Manager Andrew Dimas Property owner ED 12 61filuil V&i'75 Erriall.Andrv*02ae(.LTA&bur, Zoning Case #0321 -01 Date Tree Holdings, LLC. Rezoning for a Property at 4606 Gulfbreeze Boulevard From "RM-AT" To "RM-AT/PUD" rho bJect Prof Y Vicinity Map City Council August 17, 2021 Aerial Overview ".W, i4 � } � PROPERTY. er Hq�FSST 2 Zoning Pattern and Adjacent Development IF 4�- . • N � � T ���� AAP) H-110p �o� oo 1001 gp CH4 t 900 SUBJECT 0 00 PROPERTY C�a�9 a� Was �s 007 0 � �q J b@��® G3G�1 Q4 M7 � 10671 Bay 3 Public Notification 57 Notices mailed inside 200' buffer , N 4 Notices mailed outside 200' buffer 'o Notification Area ® A� Opposed: 24 (18.30%) F °<aFti SUBJECT Separate Opposed Owners: 17 sT PROPERTY Q4 RFFF ,O _ r�Q In Favor: 0 (0.00%) H'qb F Notified property owner's land in square feet /Total square footage of all property in the notification area Percentage of public opposition PUD Deviations Minimum RM-AT"District . District ProposedDimensions Standards Standards 18 du/ac N/A 31 du/ac Yes • 5,000 sf. 1,600 sf. 704 sf. Yes Min.Open 25% 30% 26% No Space Minimum Lot 50 ft. 16 ft. 16 ft. Yes Width I 20 ft. 10 ft. 5 ft. Yes Street Yard 10 ft. 10 ft. 10 ft. No (Corner) I 5 ft. 0 ft. 5 ft. No 5 ft. 5 ft. 5 ft. No Parking 1.5/unit(1 bedroom) 1.5/unit(1 bedroom) 2/unit(2 bedroom) 2/unit(2 bedroom) 1.5/unit No Requirement 1/5 units(guests) 1/5 units(guests) 1/5 units(guests) Master Site Plan ALLEY -- - ALS ---- ,� r eu rec .oMa� wew::et.r .a.um..:• - Eft 0 0 o a k& Mod • Plan was heard and approved by Tax Increment Reinvestment Zone (TIRZ) # 4 1� ff �— ::,s _ T1 I 200 e.L .T _. Y— �. �� LAS CA51 s DEL MAR 4606 GUREE&BLw .iuxxu�kw Al dul cin;;"U—) 6 Planning Commission and Staff Recommendation Approval with conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with the Las Casitas del Mar Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Pedestrian Access: Sidewalks shall be provided along the frontage of the subject property shared with Gulf Breeze Boulevard in accordance with the Unified Development Code (UDC). 3. Private Solid Waste: A formal request must be made to the Solid Waste Department of the City to exempt the subject property from public refuse collection. 4. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 5. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. Utilities N tWater: 8-inch C900 Wastewater: 8-inch PVC '���� ti pG30O pC�Q 8 Gas: 2-inch line Storm Water: 54-inch line 4 Q kp� y � . 'S'gi,F r •. s , ti IIS RFF� q�F , m� AMY, ,. W /4 ry � r „ 44 qcy r q L F Dare Creared:6Ii0/2021 500" Prepared 8y:JeremyM Deparrmen[ofDeveropmen[,Serv, es CASE: 0621-04 Aerial with Subject Property 9� Subject FPc9 Property a' SUBJECT PROPERTY s T Sources: Esri, HERE,Gar wr Intermap, INCREMENT P, Esri Japan, METI, Esri Ch Cit of _ Kong), Esri Korea, Esri(T Corpus O LCATION MAP 0D NGCC,(c)OpenStreetMa Christi so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 08/17/21 1852 Second Reading Ordinance for the City Council Meeting 08/24/21 DATE: June 30, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 6002 Greenwood Drive CAPTION: Zoning Case No. 0621-05, MVR Construction Company: (District 3) Ordinance rezoning property at or near 6002 Greenwood Drive from the "RS-6" Single-Family 6 District to the "RS-4.5" Single- Family 4.5 District. SUMMARY: The purpose of the rezoning request is to allow for the construction of a single-family residential subdivision. BACKGROUND AND FINDINGS: The subject property is 33 acres in size. The applicant is proposing a single-family residential subdivision consisting of approximately 200 units. The subject property is currently zoned "RS-6" Single-Family 6 District, consists of vacant land, and has remained since annexation in 1962. To the north is a is a single-family residential subdivision (Saratoga Downs Unit 3; 2020) zoned to the "RS-4.5" Single-Family 4.5 District. To the south are vacant properties, businesses, and single-family residences zoned "RS-6" Single-Family 6 District and "IL" Light Industrial District, respectively. To the east are vacant properties zoned "IL" Light Industrial District. To the west is a single-family residential subdivision (Saratoga Downs Unit 1-13; 1982) zoned "RS-6" Single- Family 6 District. Conformity to City Policy The subject property is located within the boundaries of the Westside Area Development Plan (ADP) and is planned for a medium density residential use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties.Two proposed "Cl" Minor Collector Streets border and cross through the subject property. As part of the platting process, the developer will be responsible for constructing and installing public improvements. Public improvements include road construction and must be completed and accepted by the City prior to the recording of the plat and the issuance of residential building permits. The developer has the option to request an amendment to the Urban Transportation Plan. The property is designated as per the future land use as medium density residential. As per Plan CC, medium density residential consists of between 4 and 13 units per acre. Public Input Process Number of Notices Mailed 79 within 200-foot notification area 4 outside notification area As of June 30, 2021: I n Favor In Opposition 0 inside notification area 5 inside notification area 0 outside notification area 0 outside notification area Totaling 2.45% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition Commission Recommendation ALTERNATIVES: 1. Denial of the zoning to the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning to the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District on June 23, 2021. Vote Count: For: 7 Opposed: 0 Absent: 1 Abstai ned: 1 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0621-05, MVR Construction Company: (District 3) Ordinance rezoning property at or near 6002 Greenwood Drive from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as a 33.01 Acre Zoning Tract, situated in Lot 6, Section 7, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas, and being a portion of a 34.96 Acre Tract, as described in a Correction Affidavit as to General Warranty Deed from Zeba, LLC to MVR Construction Company, recorded in Document No. 2021014902, said Official Public Records, as shown in Exhibit "A": from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District The subject property is located at or near 6002 Greenwood Drive. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. 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 7. This ordinance shall become effective upon publication. Page 2 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 6 Exhibit A URBAN ILLf— %C,INEEH;TtiG ?u21 F hibit A 33.01 :•r c ry t I•I .I 't !tl 1'9. M'ie Idlrrrre• I I ract., I : '.,1 ill I of 6. kec' 'r• 7 f1:' fc, I..I d.• `.�i,i., "I ,. 1 1 'o I.I"I. 1, P lckr 1�' " . 1, h::k.ortk tit-Nttt'o:",. I .ur:,l'. 1wt, .' I :t it a }•l 'r' I. Ir:: „, I' .! .. ion Afflidar.it a� n t,r~Icral W,,irmwy leen I1.1m I, . [''I. r. . n I...,.' d"d ill lht4ul11ett1 No,l:[1 Ir14902,said(Micial I' I1)1i4; I,l I ',arla dC;cubed IA 11111L ..and hounds as Ifr,;itarrin; 1- `' 1 I. 1 1;; .I 1 L •I. I t. N'oldl%tiesl houndary line ut'a 68.317 here I race,. .11-.L: •I :.-I� ":] '.I;1 '. "-11":r .Lc :.1.4tnL:ot�Cardo Inc. vvilh Parcel IU No. 197921 r 'I ax y 1 .1 11.:; 1 1 r ''.I :',.I I!m AillWilmll 11r,nict, briny the cornrtlou canner tri Lots 3, -4 II'U dr,trl LIIC ".L.1 `r_CII"•:I .- 1: l'.-I I I'.LL '1 an LMLIC-I:Iop4'd r4Yld%%,a%.as 5hL%r it on rdcd plat vi 4 Ir ,.•1 '•.F . II decd in l,ll rr C?7, Page 9.3.trl'the.aid Map li,r the`�L'I.1•:I I,..: `I utd thk 1 Th enee,N'tu•I'r":l II '' - :.• tlt the' ..I, :.rwt 1+:*.I Lu n. l�r C7 I'cet.toal$'inch �•.:.I:t pla!slic :•.I , .tl ,.••I tiy: `'.! '.:1'! �I i "..,+r "1'•.I, I mind, 011 111e. Nurlllctst I S', .,I I'laee,41 1 I I Ic'LI It tirtl 11. 't Llt,n n .I: - 1`I C.r 1 l ,l' 1:., 1. 111c w-rier•.tl .i 4' Nr situated to LA),t ...�...i. 1'.. "tt:l: 4, 1.., 1 „ ..:. .. I :r' •.1 l ,- -.,.. Ir- , .1 IJ11C :. r. I''L .' 1 • '.IIT.. I1. - - .:I,.I nl _ 1 i..__ �:L__ I1' ,_". li a'�.-"rr➢, "j 11•', " Y'..: i, I1 11 , rlydcr II'. n I. . I Sar;rl, }•: I rh I'.. _.r1 (I I .'i 'j ax r_t.bh}'7-tp[14r]..'�rc Ilse ll%C• It,,t ui [lie ;,I •.t ; • 1_Ic I rl�w ,,na •Ili- ,+. I hCrItL, "o,:'171('4T4I" I'.rt5l., 11 it1:'1 1Inti Ji 11:L •.:r<I':}x I- ,Ir rme L.the I.n: . ikbaid 34.46 iliac1" _o 1. 7 -1 1:• ,' x+''.r`'.' Ino Ir h•."•n It ;•.'I li 1wR ,1N1) W i;Lsfl LN6INL KIN4i I,1111101. ltrr ,t ccrrnct'ill tl:e salt i4.t111 AL'it: I: m :a.d I.I .rapt: Thrace. r,:llll R(r°4;fl )I 1'am, ty ich the corrrn'.tm houndan litre of the Said 0.8.76 Acre Tract and ,I I r I r, .1 I ., 1, ' ` I I. Ir Irvin Kod %%ith plastic cap ,1_ 11,1.. t +*ti . "I) .I a C4)irtCr 411 a1" •nitl of the said 0.8715 Acm I w". Ilrc ,laid .14.'>6 phi art' °1" '1 `ti tla'�7"1;,,t.ctrlttirrttstltr w th ih4`c4>ntt>rtrt�hxrut7cl,lr� iinc dmf lhc,rtid il.}t"?tr,lore I .1. .. i flit :.W i)f, Acre Fact. 113.51) lent. to ,1 5,8 luvh from Rod taith t-cd plutitic crap -toured I I? s '•.ti 1 \•:l' r I V' tied, heing. .a ctrinn'-tln sinner O I,ntittp I rut( W. rtw dt:Nk: ihcd in Zoning h.lrrlauce l"-1' .1 1 �"-ptcnthcr"_tt. 1994' the said 1070 Acre l i-act and the. said.,4•1)h ,fere 1 Tact•-or 4 ti4ine.nr I"I�,t irl�i ZOrynur ,11 1'1 VI 11 Z't•Ir l W r.';.N l?I 4+Iha'Irr1../twuw ;I'r?Ia)'.41 y 1 aa,a Pape I,+t2 07 I lt'1 I;7' It,"1 +101 272';'OA ANI'NL.IR l)!( •CORPt1S OMIS11,Tl XV,7;i 101 1 a\Oti U l-$p11111 . :.., ur h.yrxa'111—111 I3Vi I fni� 9.4 111I'I S I rrm is 10032400 Page 4 of 6 I coI1 I et 4Lot 2, 111,wk i. Saratoga Do%was ['nit IIA, a mop tit't%IncIi is Iec,olcled in VoIuem!4K, fates 17a',-177.sal-Ilic said wl.alt kccurtls.and this I rac•1- tium Whence u I Inch Iron Vibe•FOLMLI,coil the Conmron 1x 114.11trn lint.00he acid BI(Wk 5 attd Ilac said 34.94:'acre I ract" bwrs Nor Ih 28'OY�7" 1 ast,04.71 1'cet; 'Thence.South 46'ti6'17"'l ail.ower:tnd.r rorss the soil 4 1)0 :here• TTacl .rail COW irming +%ith the Soulla ixmndary I[ne of rhe said/mIllip I Tact %V- 147.33 Feet,tear a coater of this I ract: 'Tbenev. \m tit SM:IX'47"- Past,worn IIMIIV c%I'll the StAlth lxaI[III& ) Iilu Lit 111e saaid/0111111� I I-ACI W. 473 59 Feet Ix, Ilio Southwwcst Kaautdur% line o}Block 2. '4ar,Ito .a Dom w; I Init 3. ac map of which is mwi-led in Volume 01t.. Pages 47y-4iO.oll the said %bp Records, isrr Ilse North corner of this I r:au:t; 1 helico. South 01-i2,12,, l .tst, %0h the r;omnx>n WundarN lime tot'the stnci liloA 2. S:aralaop C)amjis I 1110 Z. '80.46 Fcct_to a w'X Inch Iron kod kith red Clastic cap-S•tamlxd"I RBAN l-N(ilt CC I\" y,•r ,,rl Iliw owmtm hc:Jwularw 11114 rol,ltte%aid I.k9s, s alld 0,01 1110 Satid Ser:Liam 7,the Norilmesl howidan I MC .11 ltic ,,id GR.±17 Acre I rac[, lOr the'E-aq corner ol'the said 3-196 :lore l Tact and this I r,Ict: I hence. South 28-W;2" % esl,. ;with the common houndarN lin,:• tot the sncl I ots 3 stud t,. of the. said.Section 7.the NortTnwcst bouillon hTic of the sAd 68.317 Acrc'i'rtact.the Southeas( bound.w, kne of the %aid 496 Acre-.,at 47.7's Feet lass, a X lack Inert Rod swath lslrrstrc cap stantlud "11:1SS ANT) 1Vl i Y I E:NGINE_LLRING— Found. in all 1018.46 Fect. to Ilio Point of Beginning aatd containing 33,01 A,rs--11.43fi,04S Sy. Ft.l sot land, more tit leKs. Grad liearivip and PiStartccS Shovm hereon are rcicrr:nced to the 1'rr t;ts fete itvar tie.Sleet or 1993,'Pexas Somlt/one 4101 ;and:are bawd on the Noath Arnericaa Ilatrtrta Of 199312011 I l:l>nch 201H tH'a. I!nlco+ this lielclnote.s descriFJtimi. inchathmV. preamble, seal mW ,igri.ure. .pp(:arrs in it_s entirety, in ils ori tin.rl titaim scIF%,CN or assumes no tcslxtrrs[hiht) JOr Its accur4rcy.;Id.+ta Jc/ervewe m-c•romptirtving.4-e h rJf 11trt't r7c'.srrrha^r111a'reioa �R��c�cs�EREa 4'r L 3 AN E'L'�UI Ci dAH4E5 pAVt[3 t;.11'RR° 9�r�j g�j d t L. .cnse No.6458 fir.. . r, l+ I -! arra�tVlllc.l t11 IIS VCIIarJllpst[)S-FN 49160102 %owing 20210517[krtyr';i_ 24112 I lo'F'1361)x ! I '.'r' 41�X11 of lc tl W. x a r1tPt15 r It}t15T1.'I't LX A,,78•11).1 FAX 1.30 IS'1-d.IHi I I Isl"I 1 iron 11"s I1$1"1 1 Leat " IfM16'.'.D11 Page 5 of 6 Saratoga Downs Unit IB Vol. 47, Pgs- 141-147, M.R.N.C.T. 0 a n 3+ m On o N28'3T41"E 574.74') �Q _- a Y' ,n 4- rr j' - Saratoga Downs Unit IIA Vol. LF Ags- 176-177,5. . N o KZI mao =.i.iE 11 2.,- am' I-• . S ° yr t E. a c osv a °n j <11 , o c V \L ..-.an n•• oN n e \�,, `�� �i9. nim �n� - 4 a m °_ T za CO n .o jWM __U E. l , I 1,50 Acres out of Lot 5, Section 7 ° Bohemian Colony Lands Z ~'c w Vol. A, Pg. 48, �-z— ....... a— .R.N.C.T. ' M � Black 4 .t W Saratoga Place z t N Vol. 28, Pg. 16• 4 p M.R.N.C.T. i _5'11.E_ —,9'I-E. o LA N mz YR, E (940 B7-) I 97.75' AAOrtf11 St. y o ° S2838'32"W 1038.46' y�+Tarn z 0b 2�• z'?z 68es .317 Acr &RA �• J ;{ n➢,v o oat of Lo's S and 4. section 7 z Boh,n•iur :'Icr Lards �a >; m ° n 3 0 Map P,7,1:j Texas o ! a do "h 'Ti, I _ �y._� �� n i i nI ... Ir: furn wq z o m w ti Itis .i -PLi ii it -rirr) �N j n $ ou�+az s - n e. m ooyrnmaa ° zmr=1 0 0 ■ • i 4 aR,. 0 -P11� a- �3fl p _ 43 Qa o x p. r+i��N�b .- Pr - - w3a ♦an a N n Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No. 0621-05 INFOR No. 21ZN1018 Planning Commission Hearing Date: June 23, 2021 Owner: MVR Construction Company C Applicant: Urban Engineering a Location Address: 6002 Greenwood Drive Legal Description: 33.01 Acre Zoning Tract, situated in Lot 6, Section 7, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map a o Records of Nueces County, Texas, and being a portion of a 34.96 Acre Tract, as Qdescribed in a Correction Affidavit as to General Warranty Deed from Zeba, LLC a� J to MVR Construction Company, recorded in Document No. 2021014902, said Official Public Records, located along the west side of Martin Street, south of Holly Road, and east of Greenwood Drive. From: "RS-6" Single-Family 6 District To: "RS-4.5" Single-Family 4.5 District 'Es Area: 33 acres N Purpose of Request: To allow for the construction of a single-family residential subdivision. Existing Zoning District Existing Future Land Use Land Use Site "RS-6" Single-Family 6 District Vacant Medium Density Residential .E ? North "RS-4.5" Single-Family 4.5 District Low Density Medium Density Residential Residential 0 "RS-6" Single-Family 6 District Vacant and r J South and "IL" Light Industrial District Light Industrial Light Industrial TMedium Density w East "IL" Light Industrial District Vacant Residential West "RS-6" Single-Family 6 District Low Density Medium Density Residential Residential 06 Area Development Plan: The subject property is located within the boundaries 0- of the Westside Area Development Plan and is planned for a medium density M -residential use. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District a o is consistent with the adopted Comprehensive Plan (Plan CC). Q City Council District: 3 Zoning Violations: None Staff Report Page 2 o Transportation and Circulation: The subject property has approximately 1 ,000 feet of street frontage along Martin Street which is designated as a "Cl" Minor o Collector Street and approximately 1 ,500 feet of street frontage along Lands Road which is also designated as a "C1" Minor Collector Street. According to the = Urban Transportation Plan, "Cl" Minor Collector Streets can convey a capacity ca between 1 ,000 and 3,000 Average Daily Trips (ADT). Street Urban Transportation Plan Proposed Existing Traffic Type Section Section Volume Martin60' ROW Not }' O Street "Cl Minor Collector Street 40' paved Not Built Available Lands "C1" Minor Collector Street 60 ROW Not Built Not Road 40' paved Available Staff Summary: Development Plan: The subject property is 33 acres in size. The applicant is proposing a single-family residential subdivision consisting of approximately 200 units. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District, consists of vacant land, and has remained since annexation in 1962. To the north is a is a single-family residential subdivision (Saratoga Downs Unit 3; 2020) zoned to the "RS-4.5" Single-Family 4.5 District. To the south are vacant properties, businesses, and single-family residences zoned "RS-6" Single-Family 6 District and "IL" Light Industrial District, respectively. To the east are vacant properties zoned "IL" Light Industrial District. To the west is a single-family residential subdivision (Saratoga Downs Unit 1-B; 1982) zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). However, the subject property is located adjacent and bordering to the west of Accident Potential Zone 2 (APZ-2) of the Air Installation Compatibility Use Zone (AICUZ). Plat Status: The property is not platted. Utilities: Water: 8-inch C900 line located at Martin Street. Wastewater: 8-inch PVC line located at Martin Street. Gas: 2-inch Service Line located at Lands Road. Storm Water: Drainage ditch through center of property. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: Staff Report Page 3 • Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. (Housing and Neighborhoods Policy Statement 7). • Encourage the protection and enhancement of residential neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. • Two proposed "Cl" Minor Collector Streets border and cross through the subject property. As part of the platting process, the developer will be responsible for constructing and installing public improvements. Public improvements include road construction and must be completed and accepted by the City prior to the recording of the plat and the issuance of residential building permits. The developer has the option to request an amendment to the Urban Transportation Plan. • The property is designated as per the future land use as medium density residential. As per Plan CC, medium density residential consists of between 4 and 13 units per acre. Planning Commission and Staff Recommendation (June 23, 2021): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. Number of Notices Mailed — 79 within 200-foot notification area 4 outside notification area As of June 18, 2021: In Favor — 0 inside notification area o — 0 outside notification area ca In Opposition — 5 inside notification area o — 0 outside notification area Z Totaling 2.45% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) Staff Report Page 4 B. Public Comments Received (if any) cR�kti R .5 f& g 12 6 Td 12 t'Q 71 l2 31 4 76 41 yP 44 f A.- a 66 O i Yfl e iZ a fifi 23. e i FSS 6' / " /PROPERTY , IL AL IL IL a Dam Created:&10!2021 0 50 500 Prepared By:JeremyM FCC Departmertr of Deyela—r Soles CASE: 0629-05 "N. ZONING & NOTICE AREA RM-t Multgamlly 7 IL Light Industrial RM.2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 Pun Planned Unit Dev,Overlay ON Professional Office RS-10 Single-Family 10 RM-A7 Multifamily AT RS-5 Single-Family 6 CN-1 Neighborhood Commercial R3.4.5 Single-Family 4.6 CN-2 Neighborhood Commercial RS-7F 7W.-Family %•" CRA Resort Commercial RS-15 Single-Family 15 CR-2 Res ort Commercial RE Residentlal Estate SUBJECT a~ CG-1 General Commercial RS.TH Townhouse CG-2 General CommercialSp Special Permit PROPERTY p Intensive Commercial RV Recreational vehicle Park CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Frsfor'overlay N BP 9usinass Park x°SOUfCES;iESrl,HERE,Gar w r 6 IntermapINCREMENT P, Sahjec/PmPmycwr,ers s 4� Esrl Japan,METI,Esn Ch City of e+m 200'ban Q V f r Kong),Esri Korea,Esri(TI Ca ❑S 4 o erawanmzoo uareac OW, LOCATION MAP NGCC,(c)OpenStreelMa C]�gtj abacIed maersbip!able X.cpposdr'n Staff Report Page 5 Staff Report Page 6 Printed Name: I 'f Qdr'421 Address: 1 —U q -.L ctT O O c City/State:— o c" 6'�V`� —f'4 ( ) IN FAVOR ( �i UPPOSi i ION Phone:��I I T�-- REASON: SigpAture SEE MAP ON REVERSE SIDE Case No,0621-05 INFOR Case No.:21 ZN101 a Project Manager:Andrew Dimas Property Owner ID:47 -Frnai� AndrewD2 cctexas.com Zoning Case #0521 -03 MVR Construction Company Rezoning for a Property at 6002 Greenwood Drive From "RS-6" To "RS-4.5" aoo� N 0 c� @OBJECTS°�' PQOOPFUY h 6� �No NO » City Council Auqust 17, 2021 Aerial Overview l a �ry I 2 i` 1 y �� SUBJECT �r a 2 Zoning Pattern and Adjacent Development PF GO-4o3 OH 201 L �0 0� Qo� 1083�3 � CH C H- 1 �l�s0 10O � 2001� 20�1 0 10 ll °114 PROPEM �l X7777 � o L 0L 12M 19,08 HL X10713 0�o�0�bo 20177 19771 ��° Public Notification 79 Notices mailed inside 200' buffer �r°<F -'�� �, 4tik a srr�o 4 Notices mailed outside 200' buffer °RawlRs °°�oFRe Notification Area Opposed: 5 (2.45%) kS-e Separate Opposed Owners: 3 SUBJECT PROPERTY-- In Favor: 0No a , Notified property owner's land in square e feet/Total square footage of all property in the notification area = Percentage of public opposition Planning Commission and Staff Recommendation Approval of the "RS-4.5" Single-Family 4 .5 District Site Plan L 5f •1. w�. ~ � �� may, +/. - 7 i� `9 `°`e� 'r-AiA• f.� 6 Utilities ate Water'r: 8-inch C900 Wastewater: 8-inch PVC [PROPERTY Gas: 2-inch Service Line Storm Water: s Drainage ditch ARD `ti 4,5 c "� !y , r� R p.o _. SUBJECT PROPERTY F y4 e f. p v -,� Dare Created:6/10/2021 p Prepared By:Jeremy/W �`" •' -' Department of Development Services CASE: 0621-45 Q8 u` 3Jr N�� Aerial with Subject Property Subject Property ; SUBJECT PROPERTY °a,er�v Sources; Esti, HERE,Gar wr Intermap, INCREMENT P, Esri Japan, METI, Esri Ch City of Kang), Esri Korea, Esri(TI Corpus LOCATION MAP NGCC (c)OpenStreetMa Christi ."1 .mus c� �o o� a v AGENDA MEMORANDUM NCapp First Reading for the City Council Meeting of August 17,2021 x852 Second Reading for the City Council Meeting of August 24, 2021 DATE: August 17, 2021 TO: Peter Zanoni, City Manager THRU: Steve Viera, Assistant City Manager SteveV(a-)cctexas.com (361) 826-3445 FROM: Kevin Smith, Director of Aviation Kevi n S(a)-cctexas.com (361) 289-0171 American Rescue Plan Act (H.R.1319 Public Law 117-2) (ARPA) Corpus Christi International Airport (CCIA) CAPTION: Ordinance appropriating Airport Grant No. 65 for $4,103,307 from the Federal Aviation Administration pursuant to the American Rescue Plan Act (ARPA) to mitigate the fiscal effects stemming from the public health emergency caused by the COVID-19 pandemic for costs related to operations, personnel, combating the spread of the Covid 19 virus at the airport, debt service payments, and other authorized ARPA uses at the Corpus Christi International Airport; and amending the FY 2020-2021 budget. Summary: This ordinance authorizes the appropriation of Airport Grant No. 65 for the amount $4,103,307 from the United States Federal Aviation Administration (FAA) American Rescue Plan Act for economic relief to eligible U.S. airports affected by the prevention of, preparation for, and response to the COVID-19 pandemic. The FAA will reimburse sponsors for operational expenses directly related to the airport incurred on or after January 20, 2020. Operational expenses are those expenses necessary to operate, maintain, and manage an airport. They include expenses such as payroll, utilities, service contracts, and items generally having a limited useful life, including personal protective equipment, and cleaning supplies. BACKGROUND AND FINDINGS: On March 11,2021, the President signed the American Rescue Plan Act of 2021. The Act includes $8 Billion in funds to be awarded as economic assistance to eligible U.S. Airports to prevent, prepare for, and respond to the COVID-19 pandemic. This grant will assist City of Corpus Christi Aviation Department with COVID-19 pandemic expenditures, including for costs related to operations, personnel, cleaning, sanitization,janitorial services, combating the spread of Covid 19 virus at the airport, debt service payments, or other uses that meet eligibility requirements. The FAA Regional Office will ensure that such development and use of the grant is consistent with all the recipient's prior Federal obligations, meets safety and security standards, meets National Environmental Policy Act (NEPA), prevailing wage, Buy American, Veterans' Preference, and Disadvantaged Business Enterprise Program requirements, and meets other specific requirements under the Act. ALTERNATIVES: Accepting this grant will allow the City of Corpus Christi Aviation Department to recover expenditures for operating expenses and for airport related costs associated with combating the spread of pathogens at the airport. Alternative funding to recover these costs are currently not available. FISCAL IMPACT: Funding is available through acceptance and appropriation of Grant No. 65 for $ $4,103,307 through the Airport Grant Fund(s). FUNDING DETAIL: Funding details include: Fund: Airport Grant Fund (1055) Mission Element: 274 Projects: ARPA Grant Account: 530000 Activity: 690065F Amount: $4,103,307.00 RECOMMENDATION: Staff recommends approval of this ordinance to appropriate grant totaling $4,103,307. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Letter and Agreement Ordinance appropriating Airport Grant No. 65 for $4,103,307 from the Federal Aviation Administration pursuant to the American Rescue Plan Act (ARPA) to mitigate the fiscal effects stemming from the public health emergency caused by the COVID-19 pandemic for costs related to operations, personnel, combating the spread of pathogens at the airport, debt service payments, and other authorized ARPA uses at the Corpus Christi International Airport; and amending the FY 2020-2021 budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funding in the amount of $4,103,307 for Federal Aviation Administration Grant No. 3-48- 0051-065-2021 is appropriated in the No. 1055 Airport Grant Fund. The grant funds, provided from the Federal Aviation Administration pursuant to the American Rescue Plan Act (ARPA) are to mitigate fiscal effects at the Corpus Christi International Airport stemming from COV!D-19 for authorized uses under ARPA including, but not limited to, operations, personnel, combating the spread of pathogens, and debt service payments. SECTION 2. The FY2020-2021 Operating Budget, adopted by Ordinance No. 032203, is amended to increase both revenues and expenditures by $4,103,307. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma The foregoing ordinance was read for the second time and passed finally on this the day of , 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor so �o p A cuRpagPI0 AGENDA MEMORANDUM Ys�2 City Council Meeting of August 17, 2021 DATE: August 17, 2021 TO: Peter Zanoni, City Manager Thru: Neiman Young, Assistant City Manager FROM: David S. Lehfeldt, Director of Solid Waste Services David13@cctexas.com 361-826-1966 Recycle CLEAN Education and Inspection Program STAFF PRESENTER: David S. Lehfeldt Director, Solid Waste Services ISSUE: The contamination rate in our recycling carts has been increasing for the last several years and is now at 40%. The cost to process and remove this contamination is over $500,000 annually. The following graph shows the contamination rate increase over the last 10 years. Recycling Contaminatior 40.00% 30.00% 20.00% 10.00% 0.00°/ 2010 2012 201A 2i 7018 2020 2022 It is important to understand that the 40% is an average contamination rate for the entire City. Some sections may have higher or lower rates, respectively. For every customer that has near perfect recycling set outs, another customer has a contamination rate nearing 75 — 80%. Normal household trash in communities that do not recycle has a similar trash/recycle mixture of 70% trash and 30% recycle. Contamination consists of materials that are not recyclable in our program. Recycling programs vary on what their Material Recycling Facility (MRF) machines are equipped to process. Not every item with the recycle triangle (a) is recyclable in every program; however, the presence of a recycling triangle has led many customers to mistakenly assume that products with the symbol are approved for our program. The following is a list of the materials that contaminate our recyclables. 1 . Plastic Bags/Toys 5. Glass 9. Yard Waste 2. Aluminum Foil 6. Hazardous Materials 10.Electronics 3. Clothing 7. Soiled/Dirty Cardboard 11 .Styrofoam 4. Drink Cartons 8. Ceramics 12.Hoses/Lawn Furniture BACKGROUND: Staff has researched the recycling practices of Austin, Houston, McAllen, and San Antonio to find a solution to the problem. The following chart shows their program details. City % 1 St 2nd Offense 3rd Offense 4th Offense Contamination Offense Austin 35% to 17.8% $20 - $20 - $20 - Remove Cart "Recycle Right' Education Education Education If"egregious" Houston 41% to 39% Notice - No Collection No Collection No Collection "Feet on the Education of cart of cart of cart Street" McAllen 80% to 50% Notice - Remove "Recycle Right' Education Cart, add $12.50 for 2nd trash cart San Antonio 32% to 20% $25 / $50 - $25 / $50 - Remove Cart Education Education Additional information has just been released by the Applied Research Foundation of the Solid Waste Association of North America (SWANA). This report is included in the agenda packet. Information from this report, found at the top of page17, provides us with the two most effective strategies to improve the recycling performance of underperformers. The first is the removal of the recycling carts and the second is to impose fees or charges. Staff recommends Council consider and approve the Recycle CLEAN program which replicates similar programs that are employed in other Texas localities. LIST OF SUPPORTING DOCUMENTS: PowerPoint — (Recycle CLEAN) Recycling Contamination Report, SWANA Applied Research Foundation SERVICES Recycle CLEAN August 17, 2021 Historical Contamination SERVICES A Recycling Inspection & Education Program will begin in October to combat the City's increasing recycling contamination problem Recycling Contamination 50.00% 40.00% 30.00% 20.00% 10.00% 0.001/ 2010 2012 2014 2016 2018 2020 2022 Historical Contamination SERVICES The most recent audit revealed an average contamination rate of over 40% • Some customers have little to no contamination, but a majority the recycle carts contain up to 75% trash • We want to focus on the 50% to 75% contamination customers 5��\D w,q�f� What is Contamination? SERV Items that are not recyclable in our program • The recycling triangle ^ does not mean that an item is recyclable in our City. o The symbol was designed to indicate the type of plastic, not its recyclability • Many items are recyclable in other cities' programs, but are not recyclable at our contractor's Material Recycling Facility (MRF) due to: o Processing equipment limitations o Market conditions 4 What Items Are Considered 11> Contamination? _ SERVICES Glass Drink Cartons Aluminum Foil Any Type of Plastic Bags Styrofoam Soiled/Dirty Cardboard (Pizza Boxes) Clothing Yard Waste Hoses / Lawn Furniture Hazardous Materials Ceramics Electronics Cost of Contamination SERVICES Contamination is expensive! • Contamination adds to- o The collection cost for recyclables o The processing cost of$126 per ton for sorting recyclables o The residential customer pays $500 thousand annually to process contaminated waste • Identified contaminates are transported to the landfill, adding an additional cost • Contamination decreases the value of the recyclables 5��\D W Recycle CLEAN SERV Staff has researched the practices of Austin, Houston, McAllen and San Antonio to determine the industry's best practices.* %of Ist Offense Offense Offense 4 1h Offense Contamination Austin 35%to 17.8% Education- Continued Continued Remove Cart "Recycle Right" $20 Education- Education- If"egregious" $20 $20 Houston 41%to 39% Education- No Collection No Collection No Collection "Feet on the Street" Notice of cart of cart of cart McAllen 80%to 50% Education- Remove Cart, "Recycle Right" Notice add$12.50 for 2nd trash cart San Antonio 32%to 20% Continued Continued Remove Cart Education- Education- $25/$50 $25/$50 *All programs saw a reduction in contamination and minimal reduction in participation 7 klk 5��\D W q�f Recycle CLEAN SERV Recycle CLEAN program will replicate similar programs that are employed in other Texas localities that have effectively reduced their contamination rate. %of Ist Offense 2 nd Offense 3 rd Offense 4 th Offense Contamination Corpus Christi 40% Education- Continued Continued "Recycle CLEAN" Notice Education- Education- $25 $50 Austin 35%to 17.8% Education- Continued Continued Remove Cart "Recycle Right" $20 Education- Education- If"egregious" $20 $20 San Antonio 32%to 20% Continued Continued Remove Cart Education- Education- $25/$50 $25/$50 8 klk Recycle CLEAN SERVICES The Recycle CLEAN Program: • Goal is to reduce contamination from 40% to 20% or less by 2026 • Cost savings from reduced collection costs and processing fees • Resources (already funded in FY21 budget): 0 5 Full time employees 0 4 inspection vehicles with an annual lease-purchase of approximately $37,146.93 0 1 automated refuse collection truck with an annual lease-purchase of$69,713.65 9 Summary INW&-el"rSERVICES 1. Recycle CLEAN is a program based in education, not fines 2. Department's goal is not to fine residents who experience incidental occurrences of contamination in their recycling bins 3. Inspectors will maintain the ability exercise discretion when addressing contamination concern 5��\D W Way Forward SERVICES 1. Council approves the Recycle CLEAN Program 2. Modify City ordinances 3. Hire the inspectors (in process) 4. Purchase the 4 right hand drive trucks (already ordered) 5. Begin inspections in fall of 2021 G.. Recommendation Q SERVICES Staff recommends Council approve the Recycle CLEAN program which utilizes industry best practices, concepts, and approaches from other large Texas localities who have effectively reduced their contamination rates March 2021 REDUCING CONTAMINATION IN CURBSIDE RECYCLING PROGRAMS l A"'i PLEASE LEAVE THESE ITEMS OUT! � 5 1 r'�r h:age) Mp flays Mo Food�r Lrgr�i(i (empty all Cpnfaln@r5J Nn Clpthing or LirtenS CdroA-off only) E � ' SvivANA Prepared for: SWANA Applied Research Foundation APPLIED RESEARCH Sustainable Materials Management Group Subscribers FOUNDATION SYANA APPLIED RESEARCH FOUNDATION This page intentionally left blank Reducing Contamination in Curbside Recycling Programs ii SYANA APPLIED RESEARCH FOUNDATION TABLE OF CONTENTS Introduction ................................................................................................................................................... 1 Background ......................................................................................................................................................................................1 The SWANA Applied Research Foundation (ARF)......................................................................................................1 Aboutthis Report.........................................................................................................................................................................2 Understanding the Causes of Curbside Recycling Contamination ..................................................... 3 Introduction.....................................................................................................................................................................................3 Misunderstanding of what Recyclables are Included in Curbside Recycling.................................................3 Different Levels of Commitments to Curbside Recycling........................................................................................6 Unintended Consequences of PAYT Programs...........................................................................................................10 Conclusions......................................................................................................................................................................................11 CartInspection and Tagging ..................................................................................................................... 12 Introduction....................................................................................................................................................................................12 Examples of Cart Tagging Programs.................................................................................................................................12 Atlanta, GA...................................................................................................................................................................................................12 Phoenix,AZ.................................................................................................................................................................................................13 Ft. Worth TX................................................................................................................................................................................................14 Cart Tagging Program Costs and Financing .................................................................................................................15 Enforcement Options for Non-Compliant Households ........................................................................ 17 Introduction....................................................................................................................................................................................17 CartPulling Programs...............................................................................................................................................................17 Introduction.................................................................................................................................................................................................17 FIPaso,TX..................................................................................................................................................................................................17 Issuance of Cart Contamination Fines.............................................................................................................................18 Introduction.................................................................................................................................................................................................18 Providence, RI.............................................................................................................................................................................................18 Conclusions ................................................................................................................................................. 20 Reducing Contamination in Curbside Recycling Programs iii SYANA APPLIED RESEARCH FOUNDATION LIST OF TABLES Table 1-1: SWANA ARF FY2021 Sustainable Materials Management Group Subscribers...........................1 Table 2-1: Annual Generation of Refuse for Participating Communities..............................................................7 Table 2-2: Curbside Contamination Rate: Pre-Cart Distribution...............................................................................7 Table 2-3: Curbside Contamination Rate: Post-Cart Distribution.............................................................................8 Table 2-4: Contamination Rates of Single-Family Household Recycling Groups: Pre-Cart Distribution....................................................................................................................................................................9 Table 2-5: Contamination Rates of Single-Family Household Recycling Groups: Post-Cart Distribution....................................................................................................................................................................9 Table 3-1: Cart Tagging Program Costs: Fort Worth, TX............................................................................................15 Table 3-2: Annual Savings Due to Reduced Contamination.....................................................................................16 LIST OF FIGURES Figure 2-1: State of North Carolina Recycling Education Poster...............................................................................4 Figure 2-2: North Carolina County: Recycling Education Poster...............................................................................5 Figure 2-3: Recycling Symbol on the bottom of a plastic tub of cream cheese.................................................5 Figure 2-4: Curbside Contamination Rates: Pre-Cart Distribution ............................................................................8 Figure 2-5: Curbside Contamination Rates: Post-Cart Distribution..........................................................................9 Figure 2-6: Pay As You Throw Program Notice: Concord, NH.....................................................................................11 Figure 3-1: Feet on the Street Recycling Campaign: Atlanta, GA.............................................................................13 Figure 3-2: Recycling Contamination Post: Phoenix, AZ..............................................................................................14 Figure 3-3: Fort Worth's Blue Crew bag non-recyclable items from the blue bin............................................15 Figure 4-1: Recycling Contamination Poster: EI Paso, TX............................................................................................18 Figure 4-2: Providence DPW Inspector inspecting a recycling container...........................................................19 Reducing Contamination in Curbside Recycling Programs iv SYANA APPLIED RESEARCH FOUNDATION INTRODUCTION Background This report has been prepared by the SWANA Applied Research Foundation (ARF)to provide recycling and sustainability managers with up-to-date information and guidance on the costs and effectiveness of programs designed to reduce the contamination contained in residential curbside recycling programs. This topic,which was submitted by the Monterey(CA) Regional Waste Management District,was described as follows: "We in the recycling community are all struggling with efforts to meet higher standards for recycling quality. In this regard, there is an urgent need for applied research to be conducted that will identify, analyze, and document the most effective methods of reducing contamination in single stream and mixed commercial recycling programs." The SWANA Applied Research Foundation (ARF) This report was prepared by the SWANA ARF staff with input and guidance provided by the ARF Recycling Group Subscribers,' who are listed in Table 1-1. Table 1-1: SWANA ARF FY2021 Sustainable Materials ManagementSubscribers t Elizabeth Biggins-Ramer, Frank Bonillas Mike Fernandez Tim Flanagan Eric Forbes S.C. Environmental Manager Director,Dept.of Solid General Manager Chief,Recycling, District Coordinator City of Tucson,AZ Waste Management Monterey Regional Waste Compliance and Planning, Medina County Solid Miami-Dade County,FL Management District,CA Solid Waste Management Waste District,OH Program Fairfax County,VA T Joe Hack Luann Meyer Christopher Peters Dave Van Vooren Hamid Zaman,PhD,PEng. Contracted Operations Representative, Representative, Executive Director General Supervisor, Core Process Manager New York State Chapter Illinois Land of Solid Waste Association Technical Services,Waste Mecklenburg County,NC Lincoln Chapter of Northern Cook Services,City Operations County,IL City of Edmonton, Alberta,CA The SWANA Applied Research Foundation was founded in 2001 with the purpose of conducting collectively-defined and funded applied research on pressing solid waste issues.It is funded by local governments and other organizations that contribute a"penny per ton"of waste managed to the Foundation on an annual basis.For more information on the SWANA Applied Research Foundation,please contact Jeremy O'Brien,Director ofApplied Research,SWANA,(30 7)585-2898. Reducing Contamination in Curbside Recycling Programs 1 SYANA APPLIED RESEARCH FOUNDATION About this Report The issue of contamination in curbside recycling programs has grown in importance in recent years as its costs and safety impacts on recyclables processing at material recovery facilities (MRFs) become more widely recognized and better understood. To address this issue, many state and local governments have implemented "recycle right" programs that provide clearer and simplified instructions to residents on what recyclables are included in their curbside programs. In addition, national organizations such as The Recycling Partnership (TRP) have developed "Recycling Anti- Contamination Kits"that are made available free of charge to recycling program managers and have provided grants to numerous communities to support cart inspection programs. SWANA appreciates and supports the efforts of these organizations and governments to address the curbside recycling contamination issue. The purpose of this report is to compliment those initiatives by identifying and addressing the key reasons why residents place contaminants in their recycling bins. A better understanding of what causes these recycling behaviors will enable recycling and sustainability program managers to develop and implement more effective anti-contamination programs that address the underlying reasons for curbside recycling contamination. Reducing Contamination in Curbside Recycling Programs 2 STiTANA APPLIED RESEARCH FOUNDATION UNDERSTANDING THE CAUSES OF CURBSIDE RECYCLING CONTAMINATION Introduction The placement of recyclables and other items or waste in curbside recycling containers that are not targeted by curbside recycling programs is referred to as"contamination."This contamination causes maintenance and safety issues at MRFs where curbside recyclables are processed. It also causes additional MRF processing costs to be incurred by processing these contaminants instead of being recycled through drop-off recycling options or being sent directly to the landfill in the resident's mixed waste. The amount of contamination in curbside recycling programs is significant. In its 2020 "State of Curbside Recycling" report,the Recycling Partnership (TRP)estimated that the national average inbound contamination rate was 17 percent by weight of the material collected at the curb.2 In light of the 11.9 million tons of recyclables collected annually,and an assumed MRF processing costs of$82 per ton, it is estimated that approximately$166 million are spent in the U.S. each year to needlessly process contaminants at MRFs before transporting them to the landfill for disposal.3 A recent ARF report on Resetting Curbside Recycling Programs in the Wake of China4 states that contamination of curbside recyclables is due to the following practices of the residents participating in the program: 1. The placement of recyclable materials and products in recycling containers that are not targeted by the curbside recycling program. 2. The intentional or accidental inclusion of non-recyclable materials in recycling containers by residents. 3. The contamination of recyclable materials by other materials in the recycling mix (broken glass shards in paper)as well as food and other residues that have not been removed from the recyclables. The purpose of this section is to explore the reasons why residents are engaging in these practices. Such insight can help inspire development programs that remedy these behaviors. Misunderstanding of what Recyclables are Included in Curbside Recycling One reason that residents place unacceptable materials and products in their curbside recycling containers is the confusing and sometimes contradictory information they receive from their state and local governments, as well as consumer-facing companies,as to what can and cannot be recycled.This confusion is caused by inconsistent messaging,the"recycling arrows"and "wishful"recycling. • Inconsistent Messaging— Lists provided to residents regarding what recyclables are included in curbside recycling programs are often inconsistent. For example,two posters—one from the state of North Carolina SWANA has collected contamination data from a variety of other sources,including Waste Management,that are consistent with the TRP report's conclusion. a The Recycling Partnership.2020 State of Curbside Recycling Report.In this report, TRP stated that 69.8 million households in the U.S.have access to curbside recycling services and that,on average,these households set out 11.9 tons of recyclables(including contaminants)for pickup each year. The report also indicates an average MRF processing cost of$82 per ton. 4 SWANA Applied Research Foundation. Resetting Curbside Recycling Programs in the Wake of China.September 2019. Reducing Contamination in Curbside Recycling Programs 3 SIVANA APPLIED RESEARCH FOUNDATION and another from a North Carolina county—identifying what can and cannot be recycled are presented in Figures 2-1 and 2-2. Based on these messages,the resident would be confused as to whether: 0 Plastics tubs should be placed into the curbside container. 0 Labels need to be removed from bottle and cans before recycling. • Recycling Arrows— Residents are also often confused by the recycling symbols,generally consisting of triangulated chasing arrows and numbers,that are embedded in many types of plastic packaging. For example, plastic food tubs typically have a PP-5 chasing arrows sign on them (See Figure 2-3) indicating that these packages are recyclable.As a result,a resident may not understand why these items are not accepted in the County's curbside recycling program shown in Figure 2-2.To add to the confusion, no explanation is given on the County's website as to why this type of container is not included in the County's curbside recycling program. • Wishful Recycling — Wishful recycling refers to the placement of items in a recycling container by residents who wish they were included in the curbside recycling program. Often, residents want items such as holiday lights or plastic bags to be recycled and place them in their curbside recycling containers even though such materials are not included in their local recycling programs. Figure 2-1: State of North Carolina Recycling Education Poster OON'TTANGLE OR CONTAMINATE RECYCLE MORE = = : , f� a: i P ``�a.�•..z � FOR A GREENER STATE _V,- METAL All cans All r W Empty and rinse GLASS PAPER Bottlemand jars Paper,cartons and cardboard •, Vow Empty and rin,p Flatten cardboard KEEP THESE OUT! V - a 0Po o��P9F C•All batteries 9 Electronics &Shredded paper < h Y •Ceramic items &Household glass &Tangiers A r d 4�•Clothing or textiles&Medical waste (cords,hoses,w1res,etc) •Diaper' G Hazardous waste &Tire, !n" y d Dade G Scrap metal/wood �.� �.The q" f� rnblAsslsNrreaMCusbma5ervee(0616)Isarro 9Jts YtltueonsfNCDEQ D�y ]fern9recn�col dh al onnonrerobus-,ne�mon Jo<turers locolgo ,nm eco,om Lv�' develapersand otaeitr in environmenmlmanagement.Forquestioits calll8]]bl3b]C8.www.recyclencorgc Reducing Contamination in Curbside Recycling Programs 4 SYANA APPLIED RESEARCH FOUNDATION Figure 2-2: North Carolina County: Recycling Education Poster SCHOOL RECYCLING Items that WILL be ACCEPTED for RECYCLING: 00 CARTONS&IUICE BOXES PLASTIC BOTTLES&JUGS EM PTYAEROSOL CANS AWM GLA55 BOTTLES& RS fREAL G8 p 1 _ n REMEMBER: I F ��� Empty oll conro r,ers. _ ,"`' Items that be accepted for RECYCLING: �� NO Plastic Bags NO Pots&Pans NO Takeout Food Con(o NO Shredded Paper NO Glassware NO Lght Bulbs NO Ceramics NO Paper Plates NO Wire Hange ��a�WASTE NO Plastic Food hays&Cups NO Napkins NO Syrofoam �� NO Clothing or Shoes NO Batteries SOURCE Mecklenburg County Government SYANA APPLIED RESEARCH FOUNDATION The education of residents is the primary method that governments are using to address confusion regarding what recyclables are included in curbside recycling. However, it is clear that, in addition to providing educational materials, consistency is needed between local governments in a region with respect to the types of recyclables that are included in curbside recycling programs. Ideally,states, provinces,and localities would all have the same items on their list of acceptable curbside recyclables. However,this is generally not the case due to regional differences in secondary materials markets,different laws and policies,and varying solid waste systems. For example, mixed paper was eliminated from curbside recycling programs in Lancaster County, PA in 2018 due to the lack of local markets for recycled paper,as well as the county's inability to recover enough energy from the paper to produce electricity in its waste-to-energy facility.-, Different Levels of Commitments to Curbside Recycling Another factor that is often overlooked in responding to the curbside recycling contamination issue is the varying levels of recycling commitments of residents who are provided with curbside recycling collection services. Recycling and sustainability program managers often overestimate the commitment of certain residents and mistakenly assume that contamination issues can be resolved through increased spending on recycling public education programs. Many residents are voluntary participants in curbside recycling programs,and some level of effort is required on their part to participate in the program.This effort includes learning about and keeping up-to-date on what recyclables are included in their local program,cleaning out food and other residues from containers, breaking down and tearing cardboard containers,storing recyclables in temporary containers inside the house, moving them to their curbside container,and setting out and retrieving their curbside container from the curb. Residents are asked to do these tasks on a regular basis to accomplish local goals such as conserving landfill airspace and avoiding disposal costs,as well as broader societal goals such as conserving natural resources and protecting the environment. In many cases, residents pay directly for curbside collection service,and thus financially support their service while contributing their labor voluntarily. The chief benefactors of this activity are often the industries who can buy these recovered materials at a reduced price (due in part to residents subsidizing costs of recovering materials). For these and other reasons,some residents are not sufficiently motivated to participate in curbside recycling,or to abide by rules and policies established for the program.This can clearly be seen from an analysis of the findings of a waste characterization study done in Ohio,as described below. The Solid Waste Authority of Central Ohio(SWACO) performed a four-season waste characterization study in 2018 to determine the composition of refuse generated within its service area and destined for disposal.The study was performed by the Project Team of MSW Consultants and Cascadia Consulting Group (Cascadia).6 During the course of the study,two communities changed their recyclables collection methods.At the start of the study,the cities of Gahanna and Reynoldsburg were using 18-gallon recycling bins for their curbside collection program. In May 2018, both communities converted to 64-gallon roll carts that replaced the bins. Conversion from bins to carts was sponsored by TRP,which supplied grant funds to help acquire them. s httos: lancasteronline.com7news7local7lancaster-county-residents-struUalina-with-recycling-reset7article 08e00106-9a7711e8-867b ebfd0891561b.htm1. a MSW Consultants.Comparing Capture Rate Methodologies in Two SWACO Communities.May 21,2020. Reducing Contamination in Curbside Recycling Programs 6 SYANA APPLIED RESEARCH FOUNDATION Located in the eastern portion of Franklin County, Gahanna and Reynoldsburg are comparably-sized cities. Table 2-1 summarizes the number of households served by their recycling programs and the annual waste tonnages generated by both communities.As shown in the table,the total generation of refuse remained reasonably consistent before and after deployment of the recycling carts. Table 2-1: Annual Generation - - for Participating Communities 18-Gallon Recycling Bins 64-Gallon Recycling Carts City Households Total Tons Tons/HH Total Tons Tons/HH Gahanna, OH 10,002 12,752 1.27 12,350 1.23 Reynoldsburg,OH 10,475 12,088 1.15 12,086 1.15 Total 20,477 24,840 2.42 24,436 2.38 There were two iterations of sampling and sorting of curbside recyclables that occurred for this project.These were held on Feb 11-15 and Aug 19-23,2018.As indicated in Table 2-2,the average contamination rate of the households sampled in the"Pre-Cart Distribution"study was estimated to be 17.4 percent? After the recycling bins were replaced by carts,the average contamination contained in the carts was found to be 19.6 percent as shown in Table 2-3.8 The percentage of households in each contamination range are also presented in the table. CurbsideTable 2-2: Contamination Rate: Contamination Ranges °i° Households Calculated Average Range Median Contamination—All Households <5% 3% 22°i° 0.6°i° 5-9% 7% 17% 1.2% 10-14% 12% 15% 1.8% 15-19% 17% 12% 2.0% 20-24% 22% 11% 2.6% >25% 40% 23% 9.2% 17.4% Note:Pre-Cart contamination of 174%reported on page 3-10 of SWACO Gahannna and Reynoldsburg Capture Rate Study Review. In light of this rate,and assuming the median contamination value for the five contamination ranges below 25 percent,a median contamination value of 40 percent was calculated for the">25 percent"contamination range for the Pre-Cart Distribution study. 8 Ibid. Reducing Contamination in Curbside Recycling Programs 7 SYANA APPLIED RESEARCH FOUNDATION Table 2-3: Curbside Contamination Rate: Post-Cart Distribution Contamination Ranges °i° Households Calculated Average Range Median Contamination—Al I Households <5% 3% 30% 0.8% 5-9% 7% 20% 1.4% 10-14% 12% 6% 0.7% 15-19% 17% 10% 1.7% 20-24% 22% 6% 1.3% >25% 49% 28% 13.7% 19.6% The data presented in Table 2-2 and Table 2-3 are presented visually in Figure 2-1 and Figure 2-2 respectively. Figure 2-4: Curbside Contamination Rates: Pre-Cart Distribution 25% High Performers(39%) Under Performers(23%) 23% 22% 20o Learners(38%) - 7�� 0 17% W 15% G 15% = 12% O 11% y 10% L a 5% 0% <5% 5-9% 10-14% 15-19% 20-24% >25% Curbside Recycling Contamination Rates (by Weight) As Figure 2-1 indicates, prior to the distribution of recycling carts, 39 percent of households had contamination levels of less than 10 precent. Based on this low contamination rate,these households were classified as "High Performers."A second group classified as"Learners", representing 38 percent of households served, had contamination rates of 10-24 percent. Finally, a third group, representing 23 percent of households served, had contamination rates of over 25 percent. This group comprised the"Under Performers"category. As shown in Figure 2-2, following the distribution of the recycling carts,the percentage of High Performers jumped from 39 to 50 percent of households served, while the percentage of Learners dropped from 38 to 22 percent. What is most interesting is the fact that the percentage of Under Performers increased from 23 to 28 percent following distribution of the carts. Reducing Contamination in Curbside Recycling Programs 8 SYANA APPLIED RESEARCH FOUNDATION Figure 2-5: Curbside Contamination Rates: Post-Cart Distribution 30% High Performers(50%) Under Performers(28%) 30% 28% N 25% :2 0 20% N 20% Learners(22 0 = 15% 0 10% d 10% y 6% 6% a 5% o% <5% 5-9% 10-14% 15-19% 20-24% >25% Curbside Recycling Contamination Rates (by Weight) The data presented in Table 2-2 and Table 2-3 are summarized for each of these three recycling groups in Table 2-4(Pre-Cart Distribution) and Table 2-5 (Post-Cart Distribution). Comparing these tables can provide some valuable insights. HouseholdTable 2-4: Contamination Rates of Single-Family Recycling Groups: Pre-Cart Distribution Recycling Group °i°of Households Contamination Range Contamination Percentage Points Attributable to Each Group High Performers 39% <10% 1.8% Learners 38% 10-24% 6.4% Under Performers 23% >25% 9.2% Total 100% 17.4% HouseholdTable 2-5: Contamination Rates of Single-Family Recycling Groups: Post-Cart Distribution Recycling Group °i°of Households Contamination Range Contamination Percentage Points Attributable to Each Group High Performers 50% <10% 2.2% Learners 22% 10-24% 3.7% Under Performers 28% >25% 13.7% Total 100% 19.6% Reducing Contamination in Curbside Recycling Programs 9 SYANA APPLIED RESEARCH FOUNDATION First,the replacement of recycling bins with larger roll-out carts actually resulted in an increase in contamination: from 17.4 to 19.6 percent.This occurred even though the percentage of High Performers increased from 39 to 50 percent of the households served. In summary,the study found that following the distribution of the recycling carts almost two thirds of the cart contamination (13.7%/19.6%)was coming from 28 percent of households. This increase in contamination occurred despite extensive educational outreach conducted during the bin-to-cart conversion program.This finding suggests that increased education alone is not likely to have a significant impact on the contamination caused by this group. Recognizing the distinctions between the Higher Performers, Learners,and Under Performers customer groups can help recycling and sustainability managers design and implement more effective anti-contamination programs. For example,the"High Performers"group may need occasional 'bops tag" reminders and periodic mail inserts to address their contamination issues.The"Learners"group may need more regular cart inspections and cart rejections to correct their behavior. Finally, if cart rejections do not result in reduced contamination levels, recycling services to Under Performers may need to be suspended to encourage them to comply with applicable curbside recycling rules.These options are discussed below in this report. Unintended Consequences of PAYT Programs In addition to confusing recycling messages and different levels of motivation among curbside recycling service participants,another factor that sometimes contributes to contamination is the utilization of"Pay-As-You-Throw" (PAYT)fee structures. PAYT fee structures are intended to encourage recycling behaviors by charging residents the full costs of waste and recyclables collection based on the size of the waste container they select for their mixed waste collection service. The fee structure typically varies by the size of the waste container selected. For example,a 64-gallon waste container might incur a waste/recycling collection charge of$12.00 per household per month while a 96-gallon waste container might have an associated charge of$20.00 per household per month. In either case,the resident is not directly charged for the recycling and yard waste/organics collection services. Rather,the costs of these services are included in the fee charged for the waste collection service. By charging a lower fee for a smaller waste container,the service provider hopes that residents will be encouraged to divert more recyclables,yard waste,or organics by placing these materials in their respective containers.An unintended consequence of this approach, however, is that residents can pay for a small waste container and place their overflow waste into the recycling or yard waste containers. Reducing Contamination in Curbside Recycling Programs 10 SYANA APPLIED RESEARCH FOUNDATION Figure 2-6: Pay As You Throw Program Notice: Concord, NH PAYT Trash Program Returns 6/22 All trash must be in City pay-as-you- throw trash bags for curbside collection. C�NWAq NH SOURCE:Mos://www.concordnh.Qov/911/Trash Conclusions As recycling and sustainability managers develop programs to address curbside recycling contamination, it is important that they recognize the recycling commitments of residents who participate in their programs.These include: High performers— Residents who are motivated to participate in curbside recycling according to the rules and are experienced recyclers.These residents may need occasional educational reminders regarding what items are targeted for recycling. • Learners— Residents who are also motivated to recycle correctly but are just learning the ropes of the program. In addition to educational materials,they may need to have their cart inspected occasionally to ensure that they are recycling correctly. • Under Performers— Residents who are not motivated to responsibly participate in curbside recycling but rather view their recycling and yard waste carts as overflow carts that can be used for excess waste. If these residents do not benefit from educational programs,they may respond to enforcement mechanisms such as cart removal and fines. By recognizing the different motivations and perspectives of these groups, more cost-effective anti-contamination programs can be developed and implemented. Reducing Contamination in Curbside Recycling Programs 11 SYANA APPLIED RESEARCH FOUNDATION CART INSPECTION AND TAGGING Introduction TRP recommends that communities implement four strategies to reduce curbside recycling contamination: • Cart Inspection and Tagging — using field personnel to inspect recycling carts on collection days and putting "Oops"tags on carts that inform a resident what materials were found in their carts that do not belong • Contaminated Cart Rejection — rejecting contaminated carts (not picking them up and leaving them on the curb) Direct Mailing — sending direct mailers or bill inserts to residents identifying what recyclables are and are not accepted • General Advertising— using general advertising to promote what recyclables are and are not accepted The rejection of contaminated carts involves the implementation of a policy of not emptying contaminated carts, but tagging them instead with instructions for residents to remove contaminants from their carts before their recycling containers will be emptied. TRP has concluded that providing residents with direct feedback through cart tagging is a critical component of effective anti-contamination programs,and that programs that rely on education alone are not effective in addressing contamination. In a recent report,TRP states that "In 2016, we deployed only the education component in one community and saw no significant changes to overall contamination or the specifically targeted issue(bagged recyclables)in that community. This supports our belief that combining education and direct feedback at the curb is a best practice and will more likely achieve the best outcomes."I This section presents case studies on cart-tagging programs as well as their cost and financing options. Examples of Cart Tagging Programs Atlanta, GA Feet on the Street is a recycling education campaign facilitated by the City of Atlanta (COA) Department of Public Works (DPW) and TRP to improve the quantity and quality of recyclables collected from single-family homes in the city of Atlanta,while achieving the city's waste diversion goals and better serving residents.The Feet on the Street program puts a team of people on the street to audit residential recycling carts for contamination.The program is a citywide expansion of a 2017 pilot and launched in fall of 2019.The program provides residents real-time feedback on the quality of their recycling through the"Oops"tag left on the cart if contamination if found,and delivers a broad-based educational campaign across the cty to improve recycling outcomes 10 In the Feet on the Street program,auditors remain on a recycling route for four consecutive weeks, checking household carts for contamination.All five solid waste service areas in the city will have auditors tagging carts in each of these rotations until all single-family households have received this service.Various marketing and promotional tools are being implemented throughout the city during the program. Single-family households in 9 The Recycling Partnership.2020 State of Curbside Recycling Report. 0 httos://www.atlantaga.aov/government/departments/public-works/recycling-program. Reducing Contamination in Curbside Recycling Programs 12 SYANA APPLIED RESEARCH FOUNDATION the city received in-home mailers at the beginning of the campaign.The mailer included a letter from the DPW Commissioner announcing the program, plus a magnetic info card with additional resources 11 During the program, a resident's cart will not be serviced if contaminants are found.The resident is then asked to remove the contaminants marked on the"Oops"tag. Once those items have been removed,the cart will be serviced on the next scheduled collection day. Residents are responsible for removing the recycling cart from the right-of- way until the next collection day,and removing the"Oops"tag prior to setting the cart out for collection.The Feet on the Street auditors are only focused on a few dangerous and costly contamination categories:foods or liquids, plastic bags, recyclables within a plastic garbage bag,textiles or clothing, rope,cords, hoses,tanks,wood, plastic furniture,scrap metal,or chains (often known as"tanglers"by recycling experts). Figure 3-1: Feet on the Street Recycling Campaign: Atlanta, GA CARTLANTA recycling. get into it. �Glill 11 f_ ��lilrry� N�I _ SOURCE:https://www.midtownatlanta.org/feet-street-recycling-campaign/ As a result of this program,the routes targeted to date showed a 19 percent decrease in contamination and a nine percent increase in recyclable materials captured. Phoenix, AZ Following a successful pilot project conducted in 2018,the city of Phoenix implemented TRP's cart-tagging model across the city.The objective of the program is to reduce the city's curbside recycling contamination rate—which has historically been about 30 percent—to below 20 percent 12 In this program,solid waste workers inspect recycling carts in sections of the city with historically high contamination rates.Working in teams of two,the inspection team members open the recycling container on collection day, inspect its contents,and fill out a report card based on their observations.A red "Oops"tag,which identifies which items in the bin can't be recycled,along with a handwritten explanation of what needed to be corrected, is left for contaminated bins.A green "Shine On"tag,telling the residents to keep up their good recycling behaviors is left for the compliant containers.The house's status is then logged in a database by the second team member,who is also marking which houses they've inspected and which route they'll take 13 11 Atlanta Feet on the Street FAQ https://www.atlantaga.aov/government/departments/public-works/recycling-program. 12 Morse,S. "Oops or Shine On7 Phoenix program helps residents recycle better."Cronkite News,Oct. 19,2018.(hops://cronkitenews.ora). 13 Schank,H. "How America's least sustainable city learned to love recycling",Fast Company,March 27,2020. Reducing Contamination in Curbside Recycling Programs 13 SYANA APPLIED RESEARCH FOUNDATION Figure 3-2: Recycling Contamination Post: Phoenix, AZ NO PLASTIC BAGS, PLEASE! Plastic bags do not belong in your curbside container. Please empty recyclables into your container and take your plastic bags to a retail store to be recycled. Visit www.phoenix.gov/recycle to learn more. recycle across Rema&; P x ocroarrierica. Kendrick Sampson,Actor and RAA Spokesperson SOURCE:https://www.phoenix.go"ublicworks/recycling The first time a house gets an "Oops"tag,the city will still empty the bin.After that, it's up to the resident to either correct the error or risk having his or her recycling bin left without being serviced. If a house gets two"Oops"tags in a row,the city will drag the bin back up to the house without it being serviced. If someone insists on placing recycling bins full of contaminated trash at the curb after that,the city will take away the bin. Of all the ways Phoenix is trying to reduce contributions to the landfill,the Oops Program—simply reinforcing good behavior and helping guide people toward recycling—has been the most successful. Oops team specialists typically observe an average 80 percent improvement from the first week of the program to the sixth week with respect to the placement of"Shine On"tags. Ft. Worth TX The city of Fort Worth is continuing its curbside inspection efforts to improve material quality and reduce a 30 percent contamination rate,following an annual net loss of more than $1 million incurred through its recycling processing contract with Republic Services in Fiscal Year 2019.This loss was a result of costs associated with removing and disposing of recycling contaminants,as well as the drop in recycling revenues resulting from China's National Sword policy. In Fort Worth,a "Blue Crew"of six workers checks residents'blue carts. (See Figure 3-3).They remove items that should not be in there and leave a note explaining the situation to the customer.Those repeatedly found to have put non-recyclable goods in the recycling carts can be charged additional garbage fees and have their blue carts taken away. Reducing Contamination in Curbside Recycling Programs 14 SYANA APPLIED RESEARCH FOUNDATION Figure 3-3: Fort Worth's Blue Crew bag non-recyclable items from the blue bin �� hl Cart Tagging Program Costs and Financing Cart tagging has been found to be one of the most effective methods of reducing curbside recycling contamination. However, it is also labor intensive and therefore relatively expensive. As noted above, Fort Worth has six people who inspect their residents'carts on collection days. In light of the 291,739 single-family households served and the weekly collection of recyclables,an estimate is provided in Table 3-1 of the labor costs associated with this program.As indicated,the cost of the cart inspection program in Fort Worth is estimated to cost$0.67 per household per year or$0.06 per household per month. This program cost can be compared to an estimate of the costs of recycling contamination in Fort Worth,which is provided in Table 3-2.This cost estimate is based on an assumed MRF processing cost of$82 per ton and a recyclables (including contaminants) setout rate of 0.23 tons per household per year. As the table indicates,the city can expect to save$0.08 per household per month if contamination levels are reduced by five percentage points.This savings is more than enough to cover the costs of the cart inspection personnel. If contamination levels are reduced by ten percentage points,the city could save$0.16 per household per month. TableProgram Single family households 291,739 Persons/HH 2.88 Collection Frequency Weekly Blue Crew workers 6 Salary, including fringe $32,448 Total labor costs: Blue Crew $194,688 Cost per household Annual: $0.67 Monthly: $0.06 Reducing Contamination in Curbside Recycling Programs 15 SYANA APPLIED RESEARCH FOUNDATION Table 3-2: Annual Savings Due to Reduced Contamination Parameter Units Contamination Reduction 5% 10% Recyclables set out rate Pounds/HH/Week 8.8 8.8 Tons/HH/Year 0.23 0.23 MRF processing costs $/Ton $82.00 $82.00 Original contamination rate ; Percent 15°i° 15% New contamination rate Percent 10°i° 5% Reduced contamination Tons/HH/Year 0.011 0.023 Processing cost savings $/HH/Year $0.94 $1.88 $/HH/Month $0.08 $0.16 Reducing Contamination in Curbside Recycling Programs 16 SYANA APPLIED RESEARCH FOUNDATION ENFORCEMENT OPTIONS FOR NON- COMPLIANT HOUSEHOLDS Introduction As described above, it is likely that a significant percentage of residents in any given community belong to the Under Performers group. Research has shown that this group is often not motivated to recycle properly and may not be impacted by increased or improved recycling education programs. Research has also shown that this group is responsible for over 50 percent of the contamination in curbside recycling programs. Two strategies have been found to have an impact on reducing the contamination caused by this group.The first is the removal of their recycling carts with the stipulation that the carts will only be returned if they demonstrate a good faith effort to comply with the recycling program's rules.The second strategy is to impose fines if recycling carts are found to be highly contaminated and to remove the carts until the fines have been paid. The rationale behind the adoption of these strategies is that participation in curbside recycling programs must be considered a privilege that is earned by commitments from residents to comply with applicable rules. Furthermore, this privilege can be revoked from those residents whose improper behavior is adding significant costs and safety problems at the MRF and detracting from the community's ability to achieve the program goals. In implementing these types of enforcement options, recycling and sustainability program managers must have the support of their local elected officials as there is likely to be pushback from the underperforming residents. Cart Pulling Programs Introduction As described above,a number of communities have implemented cart-tagging programs to provide direct feedback to residents regarding contamination issues found with their carts. In many cases,the contaminated cart is not serviced until the resident removes the contaminants from the cart. Cart-pulling programs take this strategy a step further. If a cart is found to repeatedly contain a high percentage of contaminants,the cart is removed and is not returned until the resident demonstrates that they will comply with the rules of the program.A cart-pulling program that has been implemented in the city of EI Paso,TX is described belowl4 EI Paso, TX In early 2019,the EI Paso's Environmental Services Department (ESD) stepped up its recycling enforcement by deploying inspectors into neighborhoods to spot check the inside of blue recycling bins. If inspectors find that a residential cart is contaminated with unacceptable materials,the bin will get tagged with an "Oops"tag and turned around,which signals the recycling truck driver to pass by the bin without servicing it. If a resident receives a second tag,a letter is sent to advise him or her that the bin will be retrieved if there is a third violation. If a resident receives three"Oops"tags,the blue bin will get taken away. To retrieve the bin,the resident must then: • Take a class,which is offered once a month. Once the class is completed,a blue bin will be delivered to the residence (the standard $25 service fee is waived). 14 https://kisselpaso.com/your-blue-bin-got-red-taU�ed-now-what. Reducing Contamination in Curbside Recycling Programs 17 SYANA APPLIED RESEARCH FOUNDATION • Wait a six-month probationary period.After the six months,the resident can call to re-participate in the program (but will incur the$25 service fee). Residents who do not want to participate in the curbside recycling program can ask to opt out of the program. However,the resident's monthly$19 "Gray Trash Bin"fee will remain the same since the ESD does not charge an extra fee for recycling. Figure 4-1: Recycling Contamination Poster: EI Paso, TX Recycle Right El Paso!Diapers .a SOURCE.City of EI Paso on Twitter Issuance of Cart Contamination Fines Introduction Issuing fines for recycling contamination is another strategy that can be used to address the contamination coming from the Under Performers group.This approach is being used in Providence, RI as described below. Providence, RI In Providence, RI,teams of environmental inspectors regularly sweep through city neighborhoods checking to see if residents are recycling correctly and attempting to educate those who are not participating according to the rules. If a bin is found to contain unacceptable items or materials,a tag is left describing what can and cannot be recycled, and the bin is marked so that it is not serviced during the upcoming collection cycle. If a resident is found to repeatedly violate the recycling guidelines,the city can issue a $50 fine to the resident. In 2018,the city inspectors issued about 3,000 fines to residents 15 15 List,M. "Trash police?City says goal of recycling checks is improvement,not punishment",Providence Journal,Feb 8,2019. Reducing Contamination in Curbside Recycling Programs 18 SYANA APPLIED RESEARCH FOUNDATION Figure 4-2: Providence DPW Inspector inspecting a recycling container ..• �® SOURCE.Providence Journal. Providence implemented the cart inspection/rejection and fine issuance program to address fees that assessed by the Rhode Island Resource Recovery Corporation (RIRRC)when city recycling loads are found to be too contaminated. RIRRC can reject recycling loads at its MRF if their contamination rates are above 10 percent, but typically accepts loads with contamination in the range of 30-40 percent. If a city recycling load is rejected for excessive contamination,the city is charged a$250 rejection fee, plus the cost of disposing of the entire load at the state's Central Landfill (currently$47 per ton)16 The major contaminants found in curbside recycling bins are plastic bags and food scraps. Participation in recycling programs is mandatory in Rhode Island. 16 https://www.providenceiourna/.com/news/20190208/trash-police-city-says-goal-of recycling-checks-is-improvement-not-punishment- video-audio. Reducing Contamination in Curbside Recycling Programs 19 SYANA APPLIED RESEARCH FOUNDATION CONCLUSIONS The following conclusions are offered with respect to program options that recycling and sustainability program managers can utilize to significantly impact the levels of contamination in their curbside recycling programs. • Residents participating in curbside recycling programs can be divided into three groups: High Performers, Learners, and Under Performers.To be effective, anti-contamination programs must be designed to address the perspectives and motivations of each of these three groups. • Research has found that over 50 percent of curbside recycling contamination is attributable to the Under Performers Group. • While education programs can impact the High Performers and Learners groups,they have been found to be ineffective in changing the recycling behaviors of the Under Performers Group. The primary strategies that have been found to be effective in reducing recycling contamination from this group involve cart-pulling and cart contamination fines. • Cart-tagging anti-contamination programs have been proven to be effective for all three groups but are relatively expensive due to their labor requirements.These programs have been estimated to incur labor costs on the order of$0.06 per household per month. It is likely that these costs can be covered by savings in contamination costs. • Recycling and sustainability program managers and elected officials should consider embracing and implementing policies that communicate that it's a privilege to recycle—one that must be earned by residents who are willing to abide by the rules of the program. Reducing Contamination in Curbside Recycling Programs 20 SYANA APPLIED RESEARCH FOUNDATION This page intentionally left blank Reducing Contamination in Curbside Recycling Programs 21 STiTANA APPLIED RESEARCH FOUNDATION SWANA Applied Research Foundation 1100 Wayne Ave Suite 650 Silver Spring,MD 20910 SWANA.org so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of August 17, 2021 DATE: August 13, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO, Director of Finance and Business Analysis Heatherh3Ca)-cctexas.com 361-826-3227 Tax Year 2021 Truth in Taxation Briefing STAFF PRESENTER(S): Name Title/Position Department 1.Heather Hurlbert, CPA, CGFO Director Finance and Business Analysis ISSUE: The City is proposing to set a property tax rate of $0.646264 per $100 valuation for Tax Year 2021. This rate is in excess of the No-New-Revenue Rate but is within the Voter-Approval Rate. This briefing will review the definitions for the relevant rates used to establish the property tax rate and how they impact the City's property tax rate for Tax Year 2021. BACKGROUND: Provide an update to City Council on the Truth-in-Taxation calculations for Tax Year 2021 and the resulting No-New-Revenue Tax Rate and Voter-Approval Tax Rate for the City of Corpus Christi's Fiscal Year 2022 budget. LIST OF SUPPORTING DOCUMENTS: PowerPoint—Tax Year 2021 Truth in Taxation Briefing s , i Tax Year 2021 Truth In Taxation Briefing Heather Hurlbert, GPA, CGFO Director of Finance and Business Analysis • Requires local taxing units to make taxpayers aware of tax rate proposals and to afford taxpayers the opportunity to limit tax increases • Defines calculation, notices and hearings Truth In Defined Process �. • Draft a budget Taxation Calculate the tax rate • Publish notice • Hold a public hearing • Adopt a tax rate • Hold election if necessary S1132 Changes • S132 adopted during the 2019 legislative session • First effective for tax year 2020 • Changed terminology, timelines, and notice requirements 2 r No _ _ _ _ uuuuuuuuu m iVim� uW • Formally the effective tax rate. The rate that effectively produces the same revenue as the prior tax year based on the new appraised value of the same base property. • Formally the rollback tax rate.The maximum rate that can be adopted before triggering an automatic election for approval. No New Revenue Maintenance and • . (M&O)Rate Definitions •The rate that produces the same revenue for maintenance and operations as prior tax year. This rate is can only increase up to 3.5%or an election is automatically triggered — Interest and Sinking(I&S)Rate •The portion of the tax rate for debt service.This portion of the tax rate is based on the required debt service for the year and is not subject to the 3.5%limitation. — Unused Increment •The increment between the adopted tax rate and the voter approval tax rate. This increment can be rolled for up to 3 tax years and applied to the voter approval tax rate total. 3 Tax Rate Calculation Calculate NNR Rate Calculate NNR as 1&S rate to VAR Add unused increment Proposed tax rate $0.616436 M&d Rate M&d for VAR to VAR $0.646264 $0.410209 $0.424566 $0.644024 VAR +$0,219458= +$0.008479= $0.652503 Multiply by 1.035 to $0.644024 $0.652503 calculate VAR M&O Unused increment $0.410209*1.035= $0.652503 $0.424566 -$0.646264= $0.006239 Truth In Taxation I Year Interest & Sinking Maintenance & Unused Increment I&S Rate Operations (M&01 Rate Tax Year 2020 $fl.219458 $0.410209 $O.Ofl8479 NNR M&O This rate has remained the same since Proposed Tax Year 2021 FY 2019 $0.424566 $O.Ofl6239 Voter Approval M&O Truth In Taxation No New Revenue Rate Voter Approval Rate Proposed Tax Rate $0.616436 $0.644024 $0.646264 per$1flfl valuation per$100 valuation as calculated per$100 valuation $0.6525fl3 I&S$fl.219458 per$100 valuation including$0.008479 M&O$0.426806 unused increment from Tax Year 2fl2fl This rate is the same as the prior two fiscal years.