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HomeMy WebLinkAboutAgenda Packet City Council - 03/08/2022 Lw,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, March 8,2022 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 Deacon Armando Botello, Our Lady of Guadalupe Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Jacob Rodriguez, Veteran's Memorial High School Student. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 22-0495 Proclamation declaring March 2022 "National Social Work Month" Proclamation Declaring March 9, 2022 "Registered Dietitian Nutritionist Day" Proclamation Declaring March 16, 2022 "Del Mar College Small Business Development Center Day" Proclamation Declaring March 2022 "Red Cross Month" City of Corpus Christi Page 1 Printed on 3/7/2022 City Council Meeting Agenda-Final-revised March 8,2022 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. HEALTH DISTRICT UPDATE b. SPRING BREAK 2022 PREPARATION UPDATE C. SOS2 POTHOLE REPAIR INITIATIVE UPDATE H. BOARD &COMMITTEE APPOINTMENTS: 2. 22-0376 Construction Trade Advisory & Appeals Board (3 vacancies) Planning Commission (1 vacancy) Airport Zoning Commission (1 vacancy) Reinvestment Zone No. 3 (Downtown) Board (1 vacancy) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 3 - 10) 3. 22-0385 Approval of the February 22, 2022 Regular Meeting Minutes and February 21, 2022 Special City Council Meeting. sponsors: City Secretary's Office Consent-Second Reading Ordinances 4. 22-0305 Ordinance abandoning one Bond 2012 project and one Bond 2016 project and repurposing excess Bond 2008, Bond 2012, Bond 2016 funds for use on the Residential Street Program; and amending FY 2022 capital budget. sponsors: Office of Management and Budget 5. 22-0309 Ordinance authorizing acceptance and appropriation of a donation in the amount of$100,000 from the Cheniere Foundation; amending the operating budget for FY2021-2022 to increase expenditures for Homeless City of Corpus Christi Page 2 Printed on 3/7/2022 City Council Meeting Agenda-Final-revised March 8,2022 Services; and authorizing an agreement with the Coastal Bend Center for Independent Living to provide services to persons with disabilities who are homeless. sponsors: Neighborhood Services 6. 22-0212 Ordinance abandoning and vacating a 10-Foot-wide by approximately 1272.50 feet long (12,725 sq. ft.) portion of an existing 10-Foot-wide easement out of Lot 14-B, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume 37, Page 164, Map Records of Nueces County, Texas, located at 6636 Yorktown Boulevard, Corpus Christi, Texas 78414, conditioned on the dedication of a replacement easement sponsors: Development Services 7. 22-0288 Ordinance appropriating Airport Grant#66 for $281,090.00 from the Federal Aviation Administration, pursuant to the American Rescue Plan Act ("ARPA"), to provide rent relief to eligible small and large in-terminal concessions in the amounts of$224,872.00 and $56,218.00, respectively, located at Corpus Christi International Airport; and amending the FY 2022 Operating Budget. sponsors: Aviation Department Consent-Public Safety First Reading Ordinances 8. 22-0215 Ordinance amending Section 36-10 of the City's Code of Ordinances to clarify the curfew applicable to Cole Park Plaza and confirm that fishing on the Cole Park Pier is allowed at all times. sponsors: Parks and Recreation Department and Police Department Consent- Contracts and Procurement 9. 22-0244 Motion authorizing the purchase of eight truck/trailer mounted onboard scale systems and a two-year service agreement for maintenance at the JC Elliott Transfer Station for Solid Waste Services, with Iron Ram Services, LLC., of Corpus Christi, in an amount not to exceed $129,749.34, with FY 2022 funding from the General Fund. sponsors: Solid Waste Operations and Finance &Procurement 10. 22-0322 Motion authorizing a five-year rental agreement for the lease of a Konica Minolta copier for the Print Shop, from UBEO, LLC, of Pharr Texas, through the SourceWell Cooperative, in an amount not to exceed $290,700.00, with the issuance of a notice to proceed, with FY 2022 funding in the amount of$38,760.00 available from the Stores Fund. sponsors: Finance &Procurement K. RECESS FOR LUNCH City of Corpus Christi Page 3 Printed on 3/7/2022 City Council Meeting Agenda-Final-revised March 8,2022 L. PUBLIC HEARINGS: (ITEMS 11 - 14) 11. 22-0393 Ordinance authorizing acceptance and appropriation $4,213,937.00 from the U.S. Department of Housing and Urban Development for implementation of the HOME Investment Partnership Program -American Rescue Plan; and amending the operating budget for FY 2021-2022 to increase expenditures from the HOME Grants Fund. sponsors: Neighborhood Services 12. 22-0220 Zoning Case No. 0122-02, RFW AG, Ltd: (District 5) Ordinance rezoning property at or near 6636 Yorktown Boulevard from the "FR" Farm Rural District to the "RM-2" Multifamily District. (Planning Commission and Staff recommend Approval) sponsors: Development Services 13. 22-0221 Zoning Case No. 0122-03, Church Unlimited: (District 5) Ordinance rezoning property at or near 3402 Rodd Field Road from the "RS-6" Single-Family 6 District to "RS-6/SP" Single-Family 6 District with a Special Permit. (Planning Commission and Staff recommend Approval) sponsors: Development Services 14. 22-0222 Zoning Case No. 0122-04, Saratoga Palms Properties, Ltd: (District 5) Ordinance rezoning property at or near 5409 Lipes Boulevard by amending the Special Permit in the "RM-1/SP" Multifamily District with a Special Permit to increase density on 9.43 acres from 22 dwelling units per acre to 28 dwelling units per acre. (Planning Commission and Staff recommend Approval) sponsors: Development Services M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 15 - 16) 15. 21-0487 Motion awarding an amendment to a contract with Hazen and Sawyer for design and preparation of construction documents and related construction phase services to replace the chlorine gas system with an on-site sodium hypochlorite generation (OSG) feed system and a backup bulk sodium hypochlorite delivery feed system for the O.N. Stevens Water Treatment Plant (ONSWTP) in the amount of$3,454,000, for a total restated fee not to exceed $4,417,600 located in City Council District 1, with FY 2022 funding available from Water Capital Fund. Sponsors: Engineering Services, Water Utilities Department and Finance & Procurement 16. 22-0487 Resolution authorizing execution of a professional service agreement with WSP USA, Inc., of New York, with an office in San Antonio, for grant support services, on behalf of the Public Works Department, pursuant to a federal infrastructure grant program, in an amount not to exceed $75,000.00, with FY 2022 funding available from the Street Maintenance and Storm Water Funds. City of Corpus Christi Page 4 Printed on 3/7/2022 City Council Meeting Agenda-Final-revised March 8,2022 Sponsors: Public Works/Street Department and Contracts and Procurement N. FIRST READING ORDINANCES: (ITEM 17) 17. 22-0058 Zoning Case No. 1121-01, L.C. Alty, Ltd.: (District 4) Ordinance rezoning property at or near 4042 Sweet Bay Drive from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District and the "RS-6" Single-Family 6 District. (Planning Commission and Staff recommend Approval)(Tabled 1/25/2022) Sponsors: Development Services O. BRIEFINGS: (ITEMS 18 - 20) 18. 22-0389 Update on Phase II of Short Term Rental Ordinance Development Sponsors: Assistant City Manager 19. 22-0391 Infrastructure Investment in Jobs Act: Building a Better America Overview Briefing Sponsors: Communications&Intergovernmental Affairs 20. 22-0479 Briefing on Municipal Court's Backlog of Ordinance Citations and Warrant Round Up Sponsors: Municipal Court Administration P. RECESS TO REDISTRICTING COMMUNITY INPUT SESSION: (ITEM 21) 21. 22-0494 Community Input Session-General Session and Wrap-Up Session-Summary of Public Comments. Sponsors: City Secretary's Office Q. RECONVENE CITY COUNCIL MEETING: R. EXECUTIVE SESSION: (ITEM 22) 22. 22-0422 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, lease, and/or value of property at, near or adjacent to Kostoryz/Carroll Drainage Channel, the intersection of Saratoga Blvd and Kostoryz Road, and the proposed CCISD Mary Carroll High School site, and Texas Government Code § 551.072 to discuss and deliberate the potential purchase, exchange, and/or value of the aforementioned areas of said real property. S. ADJOURNMENT City of Corpus Christi Page 5 Printed on 3/7/2022 City Council Meeting Agenda-Final-revised March 8,2022 City of Corpus Christi Page 6 Printed on 3/7/2022 CONSTRUCTION TRADE ADVISORY&APPEALS BOARD Three(3)vacancies with terms to 3-31-2023,representing the following categories:1—Engineer/Architect,1—Plumber Contractor and 1—Master Plumber. (Staff is recommending the realignment of Jared Merdes to the Engineer category.Staff recommends the postponement of the Plumber Contractor for further recruitment). Duties The Construction Trade Advisory&Appeals Board shall advise the city manager regarding any matter related to Construction that it considers should be brought to the attention of the city council.The Construction Trade Advisory&Appeals Board shall obtain public comment on the proposed adoption of or amendment to a national model code. Composition Nine(9)members appointed to a three-year term by City Council.The Board shall have the guidance and assistance of the building official.The Board shall be composed of one general contractor,one engineer or architect,one master electrician,one electrical contractor,one master plumber,one plumber contractor,one heating,ventilation,air conditioning,and refrigeration contracting(HVAC)technician,one HVAC contractor,and one Texas professional land surveyor.Five members of the board shall constitute a quorum. Member Size Term Length Term Limit 9 3 6 Appointing Name District Term Appt.date End date Authority Position Status Category Ramiro Munoz III District 5 1 8/11/2020 3/31/2023 City Council Resigned Engineer/Architect Vacant 1 N/A 3/31/2023 City Council Vacant Master Plumber Jared Merdes P.E. District 1 1 8/11/2020 3/31/2023 City Council Realign HVAC Technician Vacant 1 N/A 3/31/2023 City Council Vacant Plumber Contractor Ronald E.Brister District 5 1 2/23/2021 3/31/2023 City Council Active Texas Professional Land Surveyor Garry Camp District 5 1 8/11/2020 3/31/2023 lCity Council I Vice-Chair jActive lGeneral Contractor Paul S.Cervantes District 5 1 8/11/2020 3/31/2023 ICity Council I jActive I Master Electrician Jose Jimenez District 2 1 2/23/2021 3/31/2023 ICity Council I jActive I Electrical Contractor Mike L.Wanzer District 4 1 8/11/2020 3/31/2023 ICity Council I jActive I HVAC Contractor 3-8-2022 CONSTRUCTION TRADE ADVISORY&APPEALS BOARD Applicants Name District Status Category Mike Dildy District 4 Applied Master Plumber Joseph Elliott District 4 Applied Master Plumber Chris A. Pena District 5 Applied General Contractor Heating, Ventilation, Air Conditioning and Refrigeration Contracting (HVAC) Chad R. Roulston I District 1 jApplied ITechnician CITY OF CORPUS CHRISTI Submit Date:Jan 22, 2022 Application for a City Board, Commission, Committee or Corporation Profile Mike Dildy First Name Last Name Email Address 1126 Winnipeg Street Address Corpus Christi TX 78418 City State Postal Code What district do you live in? Pr District 4 Current resident of the city? r Yes r No If yes, how many years? 50 years Mobile: (361) 438-1022 Home: (361) 438-1022 Primary Phone Alternate Phone Maverick_plumbing_and utilities Foreman Employer Job Title Work Address-Street Address and Suite Number 5802 wooldridge bldg b Work Address- City Corpus Christi Work Address-State TX Work Address-Zip Code 78414 nni/a rlilri%l Work Phone (361) 4381022 Work E-mail address Preferred Mailing Address W Work Address Which Boards would you like to apply for? CONSTRUCTION TRADE ADVISORY&APPEALS BOARD: 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) GED Master Plumber in Texas since 1980 MMRF Endorsement Formerly served on the Mechanical/Plumbing Advisory Board (2005-2011) Why are you interested in serving on a City board, commission or committee? In order to keep up with changes to codes and provide professional opinions Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Demographics Gender P Male Code of Ethics- Rules of Conduct/Conflicts of Interest nMUo nilrk/ 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) nniUo nilrki Question applies to CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory&Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? W Master Plumber 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. I'J 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. I'J 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. rJ I Agree nnil.o nilrr" Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. PJ I Agree nnHUo nci,lx/ CITY OF CORPUS CHRISTI Submit Date:Jan 24, 2022 Application for a City Board, Commission, Committee or Corporation Profile Joseph Elliott First Name Last Name Email Address 6805 Sahara Street Address Suite or Apt Corpus CHristi TX 78412 City State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 60 Mobile: (361) 876-8948 Home: (361) 876-8948 Primary Phone _ Alternate Phone Fulton Construction MEP Coordinator Employer Jcb Title Work Address - Street Address and Suite Number 1102 Second ST Work Address - City Corpus Christi Work Address - State TX Which Boards would you like to apply for? CONSTRUCTION TRADE ADVISORY &APPEALS BOARD: Submitted lncnnh Gllintt 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: N/A Why are you interested in serving on a City board, commission or committee? My current and past experience would be an asset to this board as a master plumber Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics 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 (-. 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 (-. No lnconh GIlintt Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes +: 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 CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? W Master Plumber 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 lncorih P llintt 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. 1 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. 1 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. W I Agree lnconh �Ilintt Joseph Elliott MEP Coordinator—QA/QC Responsibilities • QA/QC - Pre-Construction Phase - Construction Phase • Review submittals Years Experience • Scheduling • 40+—Industry - Overall Projects • 6—Fulton*Coastcon - Subcontractor Manpower • Perform MEP inspections during construction to Accreditations ensure proper installation • State of Texas - Plumbing Inspectors License • Plan review to determine code is being followed #I-2248 • State of Texas - Master Plumber- License #M- Industry Experience 18175 • CCISD Baker Middle School • ICC Plumbing Inspector Certification • CCISD Cunningham Middle School • ICC Mechanical Inspector Certification • Texas A&M—CC—Life Science Research& • ICC Plumbing Plan Review Certification Engineering Building • ICC Residential Energy Inspector/Plan • Texas State Aquarium - Caribbean Journey Review Certification Wing • ICC Commercial Energy Plan Review • Flint Hills Resources—Field Services Building Certification • CCISD -Dorothy Adkins Middle School • ICC Commercial Energy Inspector • CCISD -Veterans Memorial High School Certification • Texas A&M - CC—University Center • TFMA/FEMA Certified Floodplain Manager Expansion Previous Experience Areas of Expertise • 2015 - Present- Fulton*Coastcon - MEP • Quality Control QA/QC • Project coordination • 2011 - 2015—NRG Engineering - MEP • Strategic Scheduling Construction Administration Inspector • 1999 - 2011 - City of Corpus - Christi Senior Plumbing &Mechanical Inspector, and 2 Terms as Interim Building Official CITY OF CORPUS CHRISTI Submit Date: Nov 03, 2021 Application for a City Board, Commission, Committee or Corporation Profile Chris A Pena First Name Middle Initial Last Name Email Address 5813 Trieste dr. Street Address Corpus Christi TX 78413 City State Postal Code What district do you live in? W District 5 Current resident of the city? Yes c' No If yes, how many years? 44 Mobile: (361) 549-3686 Business: (361) 549-3686 Primary Phone Alternate Phone Daystar Consulting Services Incorporated Consultant Employer Job Title Work Address - Street Address and Suite Number 5813 Trieste dr. Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78413 rhric A Dora Work Phone (361) 549-3686 Work E-mail address dcsi.safety@yahoo.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CONSTRUCTION TRADE ADVISORY&APPEALS BOARD: 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: N/A Education, Professional and/or Community Activity (Present) would like the opportunity to serve and give back to my city and it's residents. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1) Port Of Corpus Christi Authority Of Nueces County,Tx 2) Corpus Christi Downtown Management District 3) Corpus Christi Convention &Visitors Bureau Why are you interested in serving on a City board, commission or committee? I have lived in C.C. my entire life and would like the opportunity to serve and give back to my city and it's residents as they deserve the best that the city leadership can give. Corpus Christi has the potential to be so much better. What I would like to do is introduce a new set of eyes, experience and ideas that would add value to future of this beautiful city I will forever call home. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No ('hric A Donn 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 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 c: 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) ('hric A Donn 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 Restaurant Industry Question applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W Business of Renting of Dwellings 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? (-. Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? Yes (- No Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Stock Owner Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? (. Yes (- No r'hric A Dann Question applies to CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? W General Contractor Question applies to CAPITAL IMPROVEMENTS 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 IMPROVEMENTS ADVISOR`(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 rhrcc A Donn 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 ('hric A Donn CHRIS PENA DAYSTAR CONSULTING SERVICES INC.) CELL: 361-549-3686 E-MAIL: dcsi.safety@yahoo.com SUMMARY Throughout my time in the industry I've accumulated a plethora of experience and a wealth of knowledge while working on several different continents. I possess excellent leadership skills and specialize in the technical writing and the development of HSE project documents,including HSE contract verbiage.I use diverse thought processes both linear and abstract in order to maintain measurable and actionable safety strategies.I am a Bi-lingual HSE team leader that is a self-starter and a respected mentor with outstanding interpersonal and communication skills as well as the innate ability to direct teams,and interact effectively with diverse groups. PROFESSIONAL EXPERIENCE Occidental Petroleum 2021 Horn Mountain West Project HSE Lead Houston, Texas/GOM My roles and responsibilities were as followed but not limited to: ■ Supported the project Construction leads by assisting in the review of work pack documents and planning for each offshore campaign. ■ Participated in all Risk Assessments,readiness reviews,pre Job JSHAs,etc. ■ Monitored and reported HSE performance during the fabrication, construction and commissioning phases of the HMW Project. ■ Liaised with Project Manager,Subsea&Topside Package leads, Corporate HSE / Safety Leaders and offshore construction teams in order to foster and cultivate a safety culture that led to positive results. ■ Developed project HSE documents for the execution phases ■ Facilitated multiple LIVESAFE training initiatives at various locations along the gulf coast. Total Mozambique 2020-2021 OSSEM Construction HSE Site Lead at Ingleside, Texas My roles and responsibilities are as followed but not limited to: ■ Worked with the Contractor to maintain compliance with Contractors management systems ■ Coached Contractor on application and effectiveness of procedures and how to effectively manage risks ■ Facilitated behavioral safety efforts and control of work emphasis around key risk activities • Utilized excellent communications skills to instill confidence and encourage enhanced HSE behaviors ■ Lead,motivated,and developed disciplined staff in an effort to enhance their HSE leadership qualities ■ Reported performance and analysis information to the HSE Manager through predetermined meetings and reports Hokchi Energy 2020 Offshore HUC Simops HSE Lead Paraiso, Tabasco,Mexico City,Mexico&Southern Gulf of Mexico My roles and responsibilities are as followed but not limited to: ■ Lead and implement the project HSE and Risk Management system ■ Validate and verify the SIMOPS between the HUC and drilling groups ■ Ensure a sound and robust HSE system to achieve the HSE objectives on the project ■ Participate in actions for identifying and minimizing risks and the impact of all SIMOPS activities ■ Manage and control all identified HSE risks to ensure a safe field execution campaign ■ Lead the Client and Contractor HSE team on daily initiatives to prevent incident and injury Enbridge Inc. 2019-2020 Vito Export Pipelines HSE Lead Houston, Texas&Gulf of Mexico My roles and responsibilities are as followed but not limited to: 0 Assisted the business group with HSE verbiage for RFQ's and agreements PAGE 12 ■ Wrote all project HSE documents for the execution phases ■ Performed as a document controll gatekeeper for all project related documents ■ Coordinated the teams and led the audits both onshore and offshore locations. ■ Championed and implemented our training philosophies and tools at the worker level ■ Tracked and trended metrics to mitigate gaps identified Chevron Deep Water 2017- 2018 Bigfoot Hook up and Commissioning HSEAdvisor Ingleside, Texas&Gulf of Mexico My roles and responsibilities are as followed but not limited to: ■ Lead the following training regimens: o New hire orientation o Incident and injury Free o Human Performance ■ Actively sought out worker feedback to resolve issues enabling a more cohesive project team ■ Championed implementation of human performance philosophies and tools at the worker level ■ Lead daily pre-task safety discussions with all crafts to enable proper planning and hazard recognition and mitigation Shell Pipeline Company 2014-2016 Amberjack Debottleneck Project HSSE Lead Houston, Texas As the project HSSE Lead my responsibilities were to manage safety for the Amberjack Debottleneck Project. ■ Worked with Contractor project management teams to review required HSE deliverables ■ Performed as a technical writer formulating all project HSE documents ■ Conducted Green banding which also included documentation and site inspections in order to procure the best/safest contractors available. ■ Managed the team of 10 safety coaches at various on/offshore based locations. ■ Managed the projects monthly safety metrics. Chevron Pipe Line 2012-2014 Lack&St Malo Oil Export Pipeline RM Site Safetv Leadership Team Lead Houston -Gulf of Mexico While at field locations my role enabled me to: ■ Visited contractor worksites both onshore and offshore to conduct routine worksite assessments. ■ Compiled jobsite inspections in addition to audit findings and incident root cause analysis to identify HES management system gaps or compliance issues or safety leadership behavior opportunities of improvement. ■ Coordinated and participated in CHESM inspections and audits both onshore and offshore. ■ Facilitated the below training for the Jack&St,Malo Oil Export Pipeline project: o IIF Trainer o Hazard Identification Wheel o Tenets of Operation o Project Onboarding TRAINING •CRISIS MANAGEMENT AND PR TRAINED•HUMAN PERFORMANCE TRAINER•(STS)SAFETY TRAINED SUPERVISOR •(COSS) CERTIFIED OCCUPATIONAL SAFETY SPECIALIST-INCIDENT AND INJURY FREE(IIF) TRAINER •ADVANCED SAFETYAUDIT TRAINED -SAFETY SUPERVISOR LEADER-OSHA(10)&(30)HOUR COURSE' MEDIC FIRSTAID&CPR •INDUSTRIAL HYGIENE•HAZ MATERIAL•HUMAN PERFORMANCE TRAINER •Y-TREEACCIDENT INVESTIGATION •SHELL TAPROOT•SHELL DECISION POINT TRAINING•FIVE WHYACCIDENT INVESTIGATION TRAINED•IMPLEMENTATION AND AUDIT OF HSE MANAGEMENT SYSTEMS•MEDIC FIRST AID TRAINED •RESPIRATORY PROTECTION -ADOBE ACROBAT•VIZIO TECHNICAL- EMERGENCY ECHNICAL-EMERGENCY PIPELINE RESPONSE TECHNICIAN•ENCOMPASS•OSHA HAZMAT•RCA FACILITATOR REFERENCES Chad Triche (Chevron) 985-590-9027,Megan Hebert 832-525-8686,John Garber(OXY) 337-207-2254 CITY OF CORPUS CHRISTI Submit Date: Apr 21, 2021 Application for a City Board, Commission, Committee or Corporation Profile Chad R Roulston First Name Middle Initial Last Name Email Address 2581 Digger Lane Street Address Corpus Christi TX 78415 City -- - State Postal Code What district do you live in? W District 1 Current resident of the city? r Yes (.' No Home: (361) 888-4808 Home: (361) 438-3537 Primary Phone Alternate Phone McNatt Inc.Heating &Cooling President Employer Job Title Work Address - Street Address and Suite Number 3570 CR 57 Work Address - City Robstown Work Address - State Texas Work Address - Zip Code 78380 Work Phone 3618884808 (-'hurl R Rni dctnn Work E-mail address Croulston@mcnattincac.com Which Boards would you like to apply for? CONSTRUCTION TRADE ADVISORY&APPEALS BOARD: 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) HVAC Master Why are you interested in serving on a City board, commission or committee? Feel that people service in the HVAC place now do not work with builder and understand,what is going on with the new home building 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 Male Code of Ethics - Rules of Conduct/Conflicts of Interest r'hmr4 D Qr ictnn 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) rhnr4 R Orin ilctnn Quest.on applies to CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? * W Heating, Ventilation, Air Conditioning and Refrigeration Contracting (HVAC) Technician 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 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 r'horl D Ifni ilctnn Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree r'hnrl R Rni ilctnn PLANNING COMMISSION One(1)vacancy with terms to 7-31-2022. Duties The Planning Commission makes and amends a master plan for the physical development of the City;to recommend to the City Council approval or disapproval of proposed changes in the zoning plan;to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits;to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital improvements which,in the opinion of the commission,are necessary or desirable during the forthcoming five-year period;to require information from other departments of the City government in relation to its work;to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. In addition,members appointed to the Planning Commission are concurrently appointed to the concurrent Beach/Dune Committee(§10-17). This committee reviews applications for master planned development ordinances from applicants seeking beachfront construction,and submits their recommendations to City Council. They also review the location of the dune protection line and beachfront construction line at least once every five years or within 90 days after a tropical storm or hurricane affecting the portion of the coast lying within the City'®jurisdiction. Composition Nine(9)members which shall consist of nine registered voters of the City appointed by the City Council for three-year staggered terms.The following organization may appoint an ex-officio,non-voting representative:United States Navy. Members elect a Chair from among its membership at the first regular meeting in August of each year. Member size Term length Term limit 9 3 years 6 years AppointingName District Term Appt.date End date Jeremy Baugh District 1 2 5/12/2015 7/31/2022 City Council Chair Resigned Michael C.York District 5 1 8/1/2019 7/31/2022 City Council Active Daniel M Dibble District 5 2 8/1/2016 7/31/2022 City Council Vice-Chair Active Cynthia S.Garza District 1 1 7/21/2020 7/31/2023 City Council Active Javier O.Gonzalez District 5 1 7/21/2020 7/31/2023 City Council Active Brian S.Mandel District 5 1 7/21/2020 7/31/2023 City Council Active Michael M.Miller District 4 1 7/16/2019 7/31/2024 City Council Active Kamran Zarghouni District 5 2 7/17/2018 7/31/2024 City Council Active Sheldon Schroeder District 4 2 3/21/2017 7/31/2024 City Council Active Benjamin Polak 1 N/A N/A United States Navy Ex-Officio,Non-voting Active Navy Representative 3-8-2022 Planning Commission Applicants Name District Status Brandon Crowson District 4 Applied Erica M Maymi District 5 Applied Loren W Mitchell District 4 Applied Jahvid R Motaghi District 2 Applied Mike A Munoz I District 4 jApplied CITY OF CORPUS CHRISTI Submit Date: Nov 23, 2021 Application for a City Board, Commission, Committee or Corporation Profile Brandon Crowson First Name Last Name Email Address 8110 Denali Dr Street Address...._. . _... __. Corpus Christi TX 78414 City State Postal Code What district do you live in? W District 4 Current resident of the city? Yes r No If yes, how many years? 25 Mobile: (361) 585-9977 Home: (361) 585-9977 Primary Phone Alternate Phone IBC Bank_ _ Senior Loan Analyst__ Employer Job Title Work Address - Street Address and Suite Number 221 S Shoreline Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 PrnnrJnn (`rr-iMcnn Work E-mail address brandoncrowson@ibc.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: do not serve currently on a City board. Why are you interested in serving on a City board, commission or committee? I am a young professional seeking involvement in the city to help support and serve my community. - Upload a Resume 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 Male Code of Ethics- Rules of Conduct/Conflicts of Interest Rrnnrinn r'rn%nicnn 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 a No Does your employer or your spouse's employer have a City contract? rYes c' 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 P 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) Queston applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Quest on applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r Yes r• No Quesfon applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? (.- Yes C No Rrnnrinn ('rnAnicnn Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes r No Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD Are you over 25 years of age? r Yes r No Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD Are you a U.S. Citizen r• Yes r No Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION LOAN REVIEW COMMITTEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? W Financial Institutions 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 Restaurant Industry 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 S months? r Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r• Yes r No PronrJnn rYn\A/Qnn Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? W Adult At-Large Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Agent Employee or Tenant Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? 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 Rrnnrinn r'rn1n1cnn Consent for Release of Information 1 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. W I Agree Rrnnrinn (`rnlnicnn BRANDON CROWSON 8110 Denali Dr. Corpus Christi, Texas 78414 • 361-585-9977 Detail-oriented professional with experience in hospitality operations management, strategic planning, marketing, and training development. Natural leader with the ability to lead teams to process and manage large volumes without compromising service and quality. Excellent communicator with the ability to identify problems and organize solutions to gain revenue for overall budgeting. SKILLS Communication (Verbal & Written) Service Oriented Adaptability Strong Work Ethic Goal Oriented Organization High Stress Tolerance Critical Thinking - Decision Microsoft Office Making Training & Development Public Speaking Independent EDUCATION 2014 - 2019 BACHELOR OF BUSINESS ADMINISTRATION - MANAGEMENT, TEXAS A&M UNIVERSITY - CORPUS CHRISTI 01-2019 - PRESENT BACHELOR OF BUSINESS ADMINISTRATION - ACCOUNTING, TEXAS A&M UNIVERSITY - CORPUS CHRISTI EXPERIENCE 01-2020 - Present DIRECTOR - OPERATIONS, DIAMOND BEACH HOLDINGS - WAVES RESORT CC • Guided training and development of employees to increase employee morale • Reduced operating costs by 25% by negotiating price points with multiple vendors • Achieved high guest satisfaction rates • Initiated and led a cross functional team of management team members to enhance guest experience • Developed and implemented Sales and Marketing campaigns that include web, print, and social media platforms to increase property revenue • Analyzed financials to ensure proper budgeting between property departments • Directed and developed a staff of 4 managers, 2 Supervisors, and 150 seasonal BRANDON CROWSON 8110 Denali Dr. Cor us Christi, Texas 78414 361-585-9977 associates to achieve the organization's vision. • Processed Accounts Payable transactions which included generating checks, organizing, distributing, and month end journal entries. 12-2018 - 12-2019 DIRECTOR - OPERATIONS, PORT ROYAL OCEAN RESORT • Budget preparation and cost analysis reporting • Lead teams in high profile and volume events • Achieve high guest satisfaction during peak/non-peak seasons • Responsible for operations within the Food and Beverage and Guest Services Departments • Developed and implemented Sales and Marketing campaigns that include web, print, and social media platforms • Directed and developed a staff of 2 managers, 3 supervisors, 12 FOH employees, and 35 seasonal student associates to achieve the organization's vision. 06-2017 - 12-2018 FOOD AND BEVERAGE MANAGER, PORT ROYAL OCEAN RESORT • Assisted in hiring and training of F&B employees for all levels including hourly and leadership positions. • Prepare annual and monthly budgets, cost analysis, employee performance reviews, and additional quarterly and weekly department progress reports. • Oversee administrative tasks, including reporting, training, equipment and food ordering, maintenance, and other needs as they arise. • Responsible for directing all aspects of catered events including menu development, contracts, and vendor relations. • Interact daily with hotel and dining guests to promote brand and accept feedback. • Maintain communication with management staff of hotel and operation directors. Reduce food, liquor and supply cost significantly and maintained a consistent 28% food cost and 16% liquor cost, by implementing policies and inventory control. • Through cross training, integrated personnel to maximize efficiencies and maintained low employee turnover. • Created detailed events for groups (Banquet Event Order) 07-2016 - 06-2017 FOOD & BEVERAGE SUPERVISOR, PORT ROYAL OCEAN RESORT • Managed staff of up to 30 service and kitchen, including hiring, training, and scheduling • Responsible for assisting in all aspects of catered events including menu 2 BRANDON CROWSON 8110 Denali Dr. Corpus Christi, Texas 78414 • 361-585-9977 development, contracts, and vendor relations • Responded to sales and catering inquiries, scheduled site tours and met with potential clients to educate and sell them on the services that the hotel offers. • Coordinated with the catering and banquet staff to ensure the efficient execution of all events. • Hire, train, schedule catering staff, and actively involved with labor cost control, food cost control, and preparation, transportation, setup, operation and break-down of all events. 3 CITY OF CORPUS CHRISTI Submit Date:Jun 29, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mrs Erica M Maymi Pre ix First Name Middle Initial Last Name Email Address 5350 S Staples ST Suite 101 Street Address Suite or Apt Corpus Christi TX 78411 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? 42 Mobile: (361) 813-9689 Business: (361) 986-1419 Primary Phone Alternate Phone Financial Services Professional/Retirement New York Life Insurance Specialist Emolo'yer Job Title Work Address- Street Address and Suite Number 5350 S Staples ST, Suite 101 Work Address - City Corpus Christi Work Address - State Texas Work Address- Zip Code 78411 KArc Grim M AAavmi Work Phone 361-986-1419 Work E-mail address EmaymiC@ft.newyorklife.com Preferred Mailing Address 9 Work Address Which Boards would you like to apply for? PLANNING COMMISSION: 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: Not for the city Education, Professional and/or Community Activity (Present) Degree in Management Degree in Marketing Real Estate License Life & Health Insurance License Property & Casualty Insurance License Investment License Million Dollar Round Table Political Leader for New York Life New York Life's Agents Advisory Council YAT Chair- National Association of Insurance and Financial Advisors Retirement Income Certified Professional Certified Long Term Care Specialist If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Only applies for this one. Why are you interested in serving on a City board, commission or committee? I was born and raised in this beautiful city and I plan to retire in this city. I want to be involved to so that I could contribute to keeping it great. I am a well known positive business owner and I have lots of experience working on boards. I sat on a board for a multi-billion dollar company, New York Life Insurance in New York. During that experience I learned a lot of skills and want to put them to good use in our city. I have sat on many large boards and I am looking for another Opportunity to enhance and support in other ways. KArc Prir-n KA KAnximi 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 (-. 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 hArc Grir-n RA KAn%lmi Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (-. Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? c' Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") I work in an industry where 80%of my clients are seniors and many of them are disabled. Many of my clients are in long term care facilities,Adult day cares, or need a form of physical assistance, and use public transportation to get around town. Relationships that I build with my clients are long term and we build lots of trust and communication. Assisting my community by being a voice, representative and an advocate for these individuals is very important to me. I have the skills, resources and courage to assist in finding areas of improvements and work excellent with others to help find solutions. Question applies to MARINA ADVISORY COMMITTEE The Marina Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Quest<cn applies to MUltiple beards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? (-- Yes (- No KArc P:rirm AA NAnximi Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? (.- 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. 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. 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. W I Agree KArc t=rim AA NAnximi Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KArc Grirrn RA KAwmi ERICA MIN MAYMIi FINANCIAL SERVICES PROFESSIONAL 1. PR OFILE WORK EXPERIENCE Born and raised in Corpus Christi, TX and is currently a leader and role New York Life Insurance Company model in the community. She is July 2006 - Present wife, mother of 3 children and owns Financial Services Professional, I assist clients with planning for multiple extremely successful Retirement, investments and insurance planning. businesses. Erica was elected to the Agents Advisory Council for New Mechell Insurance Professionals York Life and represents 20K agents Owner-Broker countrywide and is representing March 2015 - Present them in New York by working with I assist clients with providing all insurance needs for personal the CEO's and all upper property, business properties and casualties. management. They work together to help improve service, products RAM Investment Properties and customer experiences. She is Owner also a member of the prestigious July 2016 - Present Million Dollar Round Table,the top I own, manage, lease and invest in properties. 1% leaders in the world in Insurance and Financial Services. She is also EDUCATION the Political Involvement Leader for ------- ---- ..... .__. South Texas. The New York Life Associates Degree - Business Management Political Leaders are currently Del Mar College - May 2003 working with government leaders in Washington to improve the Associates Degree - Marketing retirement laws. Del Mar College - May 2005 Securities License CONTACT The American College - May 2009 PHONE: Retirement Income Certified Planner (361) 813-9689 The American College - December 2019 WEBSITE: Certified Long Term Care Specialist ERICAMAYMI.COM The American College -June 2020 EMAIL: AWARDS EMAYMI@FT.NEWYORKLIFE.COM Member of Million Dollar Round Table Since 2012 Chairman's Council, President's Council, Executive Council since 2007 NAIFA and NYLPAC since 2008 NAIFA YAT Chair 2009-2016 Hispanic Women's Network of Texas - 2017 Estrella Career Success, Career Foundation, Life Foundation, Investment, Life Case, Income Annuity Leader, Annuity Elite Gold, Centurion and Life All Star. CITY OF CORPUS CHRISTI Submit Date:Jun 02, 2021 Application for a City Board, Commission, Committee or Corporation Profile Loren W Mitchell First Name Middle Initial Last Name Email Address 9320 S Padre Island Dr Apt 1403 Street Address Suite or Apt Corpus Christi TX 78418 Cit; State Postal Code What district do you live in? W District 4 Current resident of the city? r• Yes r No If yes, how many years? Since Feb Home: (239) 281-8068 Home: (239) 281-8068 Primary Phone Alternate Phone Self-employed _ Writer Employer Job Title Work Address - Street Address and Suite Number 9320 S Padre Island Dr., Apt 1403 Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78418 1 nron \A/ KAitr-hall Work Phone 2392818068 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: 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: N/A Education, Professional and/or Community Activity (Present) The American University MA Journalism & Public Affairs Emory & Henry College Mass Comm/ENG 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? Knowledge of municipal government put to good use. Upload a Resl me Are you an ex-Officio member of a City Board, commission or committee? r- Yes r No I nron \A/ Mitrhnll 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 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? Yes (-. 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 T 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) I nron \A/ Uitrrholl Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r' No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? 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 I nrnn \A/ hAitrrholl 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 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree I nron \A/ AAitrholl Loren W. Mitchell 9320 S Padre Island Dr Cell: 239 2818068 Apt. 1403 Corpus Christi, TX SKILLS Lecturing/teaching, writing, English, college composition, distance learning/online teaching, hybrid classes, grammar, course design, style, editing, proofreading,journalism, computers/Internet, publishing, research, communications, public affairs, business management. EDUCATION 1991-1993 M.A. Journalism/Public Affairs The American University, Washington, D.C. 1979-83 B.A. English/Mass Communications Emory & Henry College, Emory, VA. 1975-79 General Studies Richlands High School, Richlands, VA. PROFESSIONAL EXPERIENCE 07/2020-03/2021 Chief Operator Trainee Sperry Rail Service 5 Research Drive Shelton, CT 06484 +1 (203) 791-4500 +1 (800) 525-8913 us@sperryrail.com 08/2005-06/2019 English Professor University of Hawai'i/Hawaii Community College HawCC English Department 1175 Manono St. Hilo, HI 96720-5096 808.934.2586 808.934.2580 REFERENCES Richard D. Jackson CEO Heimbach &Associates 1609 N. Magnolia Ave. Ocala, FL 34474 352.812.4567 (cell) heimbachrichard@aol.com Stephen M. Claytor Owner Webster C. Hall Vineyards, LLC Licensed Virginia Real Estate Broker 1848 Whippletree Drive Roanoke, VA 24018 540.353.6202 (Cell) stephenmclaytor@gmail.com Caroline Naguwa English Department Chair Hawaii Community College 1175 Manono St. Hilo, HI 96720-5096 808.934.2586 808.934.2580 cnaguwa@hawaii.edu PROFESSIONAL EXPERIENCE (Continued) 01/2005-8/2005 Certificated Teacher Substitute State of Hawai'i Dept. of Education Hawai'i Regional Office P.O. Box 4160 Hilo, HI 96720-0160 (808) 974 6600 09/2004-12/2004 Temporary assignment (Electronic voting booth worker for Hart InterCivic under contract with Hawaii County during primary and general elections) Altres Staffing 18 Shipman St. Hilo, HI 96720 (808) 935 4196 12/2003-06/2004 Editor/Publisher Worldwide Publishing (Resort Development Publishing Affiliate) 42289 California Hot Springs Drive California Hot Springs, CA 93207 (561) 305 5440 10/2002-12/2003 English/Communications Instructor (online) University of Phoenix College of General and Professional Studies 4615 East Elwood St, Phoenix, AZ 85040 (480) 966-5394 01/2002-6/2003 Contributing Editor/Staff Writer/Columnist Fort Myers Gulf & Main Magazine P.O. Box 9222, Fort Myers, FL 33901 07/2001-6/2002 Instructor (English/Writing/Philosophy/College Skills) Southwest Florida College 1685 Medical Lane, Fort Myers, FL 33907 (239) 939-4766 01/2000-5/2000 Freelance Writer/Reporter Fort Myers (Fla.) News-Press 28340 Trails Edge Blvd., Bonita Springs, FL 34134 (239) 992-1345 03/2001-5/2001 Deputy Managing Editor The St. Kitts-Nevis Observer Lozack Road, Bassaterre, St. Kitts, West Indies 02/1984-3/1998 Editor/Publisher/Owner Tazewell County (Va.) Free Press P.O. Box 1205, Richlands, VA 24641 (276) 963-0127 09/1983-1/1984 General Assignment Reporter Washington County (Va.) News 06/1983-8/1983 General Assignment Reporter (intern) Smyth County (Va.) News (Internship) FREELANCE WRITING 2016-17 Various articles/essays on the Great War 2007 Series of natural health articles for Internet company 2001- "Beyond the Line" & "American Jihad" Feature-length film screenplays (Spec). WGA registered. 02/2004-5 "Getting it Straight" Book editing assignment 02/2000 Editorial page commentary Fort Myers News-Press, 2442 Dr. Martin Luther King Jr. Boulevard, Fort Myers, FL 33901-3987 (941) 335-0200 Editorial Page Editor: Gail Palmer 08/00-12/00 Web content for sportfishing site Fourteen articles by topic (800-1500 words). Magi2l.com, 501 Avis Drive, Suite 3, Ann Arbor MI 48108. Editor: Shirley Anne Landis, email: fotroof@aol.com 05/98-9/00 Corporate/business analysis Online/print. Oxford Intelligence (U.K.) Julia Cox, Editor, Marron House, Whaddon Hall, Whaddon UK MK17 ONA Tel: +441908 521477 www.oxint.com 05/00-8/00 General interest articles (250-1,000 words) for Internet clients. Custom Communications Inc., 57 Wells Ave., Second Floor, Newton, MA 02459 10/13/98 USA TODAY Contributing writer (Hurricane coverage). 01/31/98 Editor & Publisher Magazine "Shop Talk at Thirty" column 07/97 Chronicles: A Magazine of American Culture "Letter from Appalachia" 1990-93 Virginia Defense Force (Va. Nat'l Guard) Public Information Officer Other Various regional/city publications; Newsletter (editor/writer); Television/radio news; Tutoring; Photography. Volunteer Little League Baseball & Football/Sunday school & prison ministry/Santa Claus for developmentally handicapped children/College fundraiser AWARDS/FELLOWSHIPS 1997 Virginia Press Association D. Lathan Mims Award for Editorial Leadership & Community Service 1998 The Gannett Company John E. (Jack) Heselden Fellowship to the American Press Institute AFFILIATIONS (Former) Society of Professional Journalists;Virginia Press Association; Key West Writers Guild; Committee of Concerned Journalists; American University Alumni Association PROFESSIONAL DEVELOPMENT American Press Institute Editing the Weekly Newspaper Seminar Jan. 27-31, 1998, Reston, Va. Society of Professional Journalists Freedom of Information Workshop Nov. 17-18, 1997, Washington, D.C. Virginia Writers' Workshop Oct. 16-17, 1997, Roanoke, Va. SPJ Front-Line Editing Workshop Sept. 16-17, 1995, Richmond, Va. Various annual workshops & seminars (journalism/writing) CITY OF CORPUS CHRISTI Submit Date:Jan 10, 2022 Application for a City Board, Commission, Committee or Corporation Profile Jahvid R Motaghi First Name Middle.Initial Last Name Email Address 530 Del Mar blvd Street Address Corpus Christi TX 78404 City State Postal Code What district do you live in? W District 2 Current resident of the city? Yes No If yes, how many years? 34 Home: (361) 232-0380 Home: (361) 232-0380 Pnmary Phone Altemate Phone AutoMotion Owner Employer Job Ttle Work Address - Street Address and Suite Number 3536 S. Padre Island Dr Work Address -City Corpus Christi Work Address - State TX Work Address - Zip Code 78415 1nh%A,rA R KAntnrvhi Work Phone 361-452-2156 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: 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) I was born and raised in Corpus Christi. I attended TAMUCC where I earned my bachelors degree in finance in 2009. Currently I own and operate multiple businesses including a used car lot, insurance agency and finance company. For the past 4 years I have sat on the board of trustees at St.James Episcopal School. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Planning commission Why are you interested in serving on a City board, commission or committee? I am interested in serving on a committee to give back to my community by helping make sure our city is growing to it fullest potential. Over the past decade I have sat front row to the rapid south side expansion, as well as the changing landscape of downtown. I would love the opportunity be apart of the continued growth of Corpus Christi by helping our community grow in a healthy, balanced way. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics lahwirl 0 KAntnrihi 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 (. 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? 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) 1nhwiri R KAntnrrhi Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? (.- Yesr- No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? 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 Imhwirl D hAntnnhi Consent for Release of Information 1 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 lnhwirl D AAntnnhi CITY OF CORPUS CHRISTI Submit Date:Jul 08, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mr Mike A Munoz Prefix First Name Middle Initial Last Name Email Address 7209 Sparkle Sea Unit Q Street Address Suite or Aot Corpus Christi TX 78412 City State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 12 Mobile: (361) 816-5578 Business: (361) 882-6791 Primary Phone Alternate Phone B.E. Beecroft Co., Inc. Vice President Employer Job Title Work Address - Street Address and Suite Number 2222 Laredo Street Work Address- City Corpus Christi Work Address - State Texas Work Address - Zip Code 78405 KAr KML-ra A AAi inn-7 Work Phone (361) 882-6791 Work E-mail address mam@beecroftconstruction.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? PLANNING COMMISSION: 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) EDUCATION: Texas A&M University College Station, '08, B.S., Construction Science Associated General Contractors of America—Project Manager's Course Associated General Contractors of America— Leadership in Construction Course COMMUNITY AND INUSTRY:AGC Construction Leadership Council; 2014—Present; Chair&Secretary Buccaneer Commission;2016—Present Nueces County A&M Club; 2011 —Present; Board Member, President, VP of Finance American Cancer Society Cattle Barron's Ball; 2014-2015; Logistics Chair Leadership Corpus Christi, Class XLI Corpus Christi Under 40 Award Recipient 2013 If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Planning Commission Why are you interested in serving on a City board, commission or committee? I was born and raised in Corpus Christi, Texas and I have a passion for this City. This is the place that I choose to raise my family and I want to use my talents, time, and energy to continue to make Corpus Christi a great place to live. Upload 2=iesl me AAr AAiLn 0 AAi inn-7 Are you an ex-Officio member of a City Board, commission or committee? rYes (.- 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? (-. Yesr- No 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? rYes (.- 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 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 KAr AAil-o A AAi inn-7 Board-specific questions (if applicable) Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? Yes t' No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? 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 AAr AAiLo A AAi inn-7 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 1 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. W I Agree AAr hAiL-n A NAi inn-7 PROJECT MANAGER Mike Munoz Vice President Principal 361-816-5578 mam(�beecroftconstruction.com ' INDUSTRY TENURE: 15 Years in Construction 15 Year with this firm EDUCATION: Texas A&M University College Station, '08, B.S., Construction Science Associated General Contractors of America — Project Manager's Course Associated General Contractors of America — Leadership in Construction Course COMMUNITY AND INUSTRY: AGC Construction Leadership Council-, 2014 — Present; Chair & Secretary Buccaneer Commission; 2016 — Present Nueces County A&M Club; 2011 — Present; Board Member, President, VP of Finance American Cancer Society Cattle Barron's Ball; 2014-2015; Logistics Chair Leadership Corpus Christi, Class XLI Corpus Christi Under 40 Award Recipient 2013 INDUSTRY REFERENCES: Clients Architects Subcontractors Brian DeLatte (361) 633-8418 Biby Dykema (361) 739-1468 Tommie Lee (361) 438-1878 Eric Cantu (361) 533-4878 Aaron Geiser (361) 537-4343 Don Boyd (361) 299-6262 Victor Gutierrez (361) 960-8809 Roland Perez (210) 887-6867 Steve Majek (361) 549-1686 Mike Munoz Applicable Work Experience Portland Community Center Addition and Renovation Owner: The City of Portland Delivery Method: Construction Manager-At-Risk Contract Amount: $13,375,000 Duration: 12 months Representative: Brian DeLatte, Deputy City Manager; (361) 633-8416 Description: Multi-phase project which included renovation of an existing community center, gym, and fitness rooms as well as a new addition to the existing meeting room space. Refugio County Memorial Hospital ED Renovation and Expansion Owner: Refugio County Memorial Hospital Delivery Method: Construction Manager-At-Risk Contract Amount: $4,309,372 Duration: 12 months Representative: Hoss Whitt, Hospital Administrator; (361) 526-2321 ext. 110 Description: Renovation and addition to an existing Emergency Department in a fully functioning hospital. New Anheuser Busch Distribution Center Owner: L&F Distributors Delivery Method: Construction Manager-At-Risk Contract Amount: $11,500,000 Duration: 18 months Representative: Manny Garcia, Operations Manager; (915) 526-4376 Description: New 157,000 SF office and distribution facility. The project included a Controlled Environment Warehouse (CEW), Drive Thru, Draft Cooler, Administrative & Executive Offices, Training Rooms and Hospitality Room. In addition, the project also included standalone maintenance and fueling facilities to service the vehicle fleet. NACCU Administration Building 2 Owner: Navy Army Community Credit Union Delivery Method: Competitive Bid Contract Amount: $13,778,000 Duration: 18 months Representative: Dana Sisk, Executive Vice President; (361) 985-7300 ext. 1221 Description: Construction of a four story fully sprinklered new office building. Structure consists of steel column and beam framing with metal roof and floor joist, and metal stud framing. Total building is approximately 51,500 sq ft gross floor area. AIRPORT ZONING COMMISSION One(1)vacancy with term to 7-31-2022(The members serve three-year staggered terms coterminous with the term each member serves on the Planning Commission). Duties The Airport Zoning Commission shall preserve,protect,and maintain the importance of the operations of the Corpus Christi International Airport and of the military flight training mission of Naval Air Station Corpus Christi. Composition The Airport Zoning Commission(Commission)shall be composed of the same nine registered voters who are members of the City's duly appointed Planning Commission. The members shall serve staggered terms of three years coterminous with the term each member serves on the Planning Commission. Any vacancy in an unexpired term on the Commission shall be filled for the remainder of the term,by appointment of the City Council,by the same Planning Commission member appointed to fill the vacancy on the Planning Commission. The Commission members shall elect a Chairperson and a Vice-Chairperson from among its membership at the first regular meeting,who shall serve until August;the members shall then elect a new Chairperson and Vice-Chairperson annually at the first meeting held each August. In addition to the Chairperson and Vice-Chairperson,the Commission may provide for the selection of such other Officers from among its membership as it deems proper. The Director of the Corpus Christi International Airport and the Director of the Environmental and Strategic Initiatives Department of the City of Corpus Christi,or their designees,shall be entitled to attend all meetings and sessions of the Commission,but shall have no vote in matters acted upon by the Commission. A naval representative of Naval Air Station Corpus Christi shall be entitled to attend all meetings and sessions of the Commission,but shall have no vote in matters acted upon by the Commission. Member size Term length Term limit 9 3 years 6 years AppointingName District Term Appt.date End date Jeremy Baugh District 1 2 5/12/2015 7/31/2022 City Council Chair Resigned Michael C.York District 5 1 8/1/2019 7/31/2022 City Council Active Daniel M Dibble District 5 2 8/1/2016 7/31/2022 City Council Vice-Chair Active Cynthia S.Garza District 1 1 7/21/2020 7/31/2023 City Council Active Javier O.Gonzalez District 5 1 7/21/2020 7/31/2023 City Council Active Brian S.Mandel District 5 1 7/21/2020 7/31/2023 City Council Active Michael M.Miller District 4 1 7/16/2019 7/31/2024 City Council Active Kamran Zarghouni District 5 2 7/17/2018 7/31/2024 City Council Active Sheldon Schroeder District 4 2 3/21/2017 7/31/2024 City Council Active Benjamin Polak 1 N/A N/A United States Navy Ex-Officio,Non-voting Active Navy Representative 3-8-2022 REINVESTMENT ZONE NO.3(DOWNTOWN)BOARD One(1)vacancy with the term to 02-28-2024.(The Downtown Management District recommends the reappointment of James Sedwick). Duties The Reinvestment Zone No.3 Board shall make recommendations to the City Council concerning the administration of the zone.(The zone area includes approximately 856 acres encompassing the City's Downtown area along the Bayfront from the SEA-Town complex at the north end,south to Morgan Avenue adjacent to the Christus Spohn Shoreline Hospital,and west to Tancahua Street.) The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the zone and submit such plans to the City Council for its approval in accordance with Section 311.011,Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the zone only to the extent expressly granted by the City Council by ordinance or resolution. Composition The Board shall consist of twelve(12)members. The members shall be appointed as follows:Pursuant to Sec.311.009(a),Tax Code,the respective governing bodies of each taxing unit other than the City that levies taxes on real property in the zone,if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone,may appoint one(1)member of the Board. These entities include:Del Mar College and Nueces County. Each governing body may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint at least ten(10)members,with one reserved for a representative from the Downtown Management District,and the board may exceed twelve(12) members if necessary for the City Council to make said ten(10)appointments. To be eligible for appointment an individual must be a qualified voter of the City;or be at least 18 years of age or older and own real property in the zone. Terms of Board members are for two years. Terms must be staggered with half of the Board members appointed every year.Officers must be appointed as provided in the Act.Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice- Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers appropriate. Member Size Term Length 12 2 years Appointing Name District Term Appt.date End date Authority Position Status Category Downtown Management James Sedwick District 1 1 3/24/2020 2/28/2022 City Council Active District Barbara Canales Partial 1/6/2021 2/28/2022 Nueces County Active County Roland Barrera District 3 2 1/15/2019 2/28/2023 City Council Active City Paulette Guajardo 3 12/20/2016 2/28/2023 City Council Active City Gil Hernandez 1 12 1/15/2019 2/28/2023 1 City Council lActive City Billy Lerma 1 1/12/2021 2/28/2023 City Council Chair Active City John Martinez 1 1/12/2021 2/28/2023 City Council Active City Greg Smith District 4 3 12/20/2016 2/28/2023 City Council Active City 3-8-2022 Appointing Name District Term Appt.date End date Authority Position Status Category Mike Pusley 2 1/12/2021 2/28/2024 ICity Council Vice-Chair jActive City Michael T.Hunter 14 4/19/2016 2/28/2024 ICity Council jActive City Ben Molina District 5 14 12/20/2016 2/28/2024 ICity Council jActive City Susan Hutchinson 12 4/23/2019 2/28/2024 1 Del Mar College jActive Del Mar 3-8-2022 City of Corpus Christi 1201 Leopard Street � Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, February 22,2022 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 11:45 a.m. B. Invocation to be given by Deacon Armando Cavada, St. John of the Cross. Deacon Armando Cavada, St. John of the Cross, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Cianna Salazar, Miller High School Student. Cianna Salazar, Miller High School Student, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca Huerta. Note: Council Member Smith arrived at 11:55 a.m. 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 1. 22-0369 Check Presentation by Cheniere Foundation to the City of Corpus Christi to Assist Homeless Persons with Disabilities Proclamation declaring March 5, 2022 "March for the Vote" Proclamation declaring March 6-12, 2022 "Women in Construction Week" Proclamation declaring March 11, 18 & 25, 2022 "Fill-the-Boot-for the Muscular Dystrophy Association Days" The Presentation and Proclamations were held. City of Corpus Christi Page 1 Printed on 31112022 City Council Meeting Minutes February 22,2022 F. PUBLIC COMMENT Mayor Guajardo opened the public comment period. The following citizens spoke in opposition to short-term rentals in RS-6 residential neighborhoods on the island: Jeanette Protzeller, 13850 Halyard Dr.; Mike Mason, 13842 Topsail St.; Sandy Graves, 15802 Gypsy St.; Patti Baker, 15341 Tortuga Court; Frank Stover, 13817 Longboat Dr.; Marvin Jones, 15313 Beaufort; Nicholas Colosi, 13561 Camino De Plata; and Lee Neitzel, 15070 Tesoro Dr. David Varga, 817 Alden, spoke regarding the importance of leash laws for dogs. The following citizens spoke regarding concerns about the Cheniere Foundation donations: Melissa Zamora, 3917 Brawner Pkwy.; James Klein, 3501 Monterrey St.; Chloe Torres, 5430 Saratoga Blvd.; and Blanca Parkinson, 10801 Silverton Dr. Mark Sieber, 1538 Meeks Rd., spoke regarding adding a statue of Christ to the City of Corpus Christi. The following citizens spoke regarding the redistricting process: Sylvia Campos, 4410 Fir St.; Tim Dowling, 8017 Villefranche Dr.; and Elisa Gonzalez, 4101 Brett St. The following citizens spoke regarding removing 5G cell towers from neighborhoods: Robert Goodman, 5218 Pepper Mill Dr.; Tony Jimenez, 7002 Ride Stone Dr.; Mario Valdez, 5206 Pepper Mill Dr.; and Rachel Caballero, 522 Hancock Ave. Johnny Stobbs, 6014 Ayers St., spoke regarding Fill the Boot for Muscular Dystrophy. Shirin Delsooz, 6030 Tapestry, spoke regarding safer bike paths. The following citizens submitted written public comments which are attached to the minutes: Dan Caballero, 5949 La Costa Dr.; Dorothy Pena, 2114 Meadowpass Dr.; Todd Hunter, 13526 Catamaran; Sandy Ricardo, 15338 Mutiny Court; Ted Morris, 15869 Punta Espada Loop; Linda Gingrich, 13934 Flintlock Dr.; Debbie Fitch, 15201 Isla Pinta Court; and Bob Drozd, 13521 Royal Fifth Court; RECESS FOR SPECIAL REDISTRICTING MEETING FROM 02/21/2022: Mayor Guajardo recessed the Council meeting at 1:28 p.m. RECONVENE CITY COUNCIL MEETING: Mayor Guajardo reconvened the Council meeting at 1:35 p.m. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: City of Corpus Christi Page 2 Printed on 31112022 City Council Meeting Minutes February 22,2022 Mayor Guajardo referred to City Manager's comments. a. CONSENT DECREE UPDATE City Manager Zanoni reported on the wastewater consent decree. Chief Operating Officer Mike Murphy, Interim Director of Water Utilities Gabriel Ramirez, Lead Engineer for Water Utilities Nick Winkelmann and Compliance Superintendent Jessica Martin presented information on the following topics: gravity mains-1,154 miles; other inspections; wastewater capital improvement projects: $80M in 2022 and $380M over the next five years; benchmark; complete by; and compliance programs and processes. Council Members, Mr. Winkelmann, and Ms. Martin discussed the following topics: the preventative maintenance system and asset life cycle data is entered into Maximo; and lift station and maintenance crews are working to go through the backlog of lift stations that don't have information entered in Maximo. b. SHORT TERM RENTAL UPDATE City Manager Zanoni reported on the short-term rental update. All legally operating short-term rentals in Flour Bluff and North Padre Island must register and obtain a permit from the City by March 15, 2022 and the rest of the City has until July 15, 2022. Council Members, City Manager Zanoni, City Attorney Miles Risley and Police Chief Mike Markle discussed the following topics: a request for a report to be provided to Council after each short-term rental meeting; a request to include criminal activity reported in the short-term rental areas; short-term rentals are not allowed in RS-6 and RS-4 zonings; how enforcing short-term rental registration will take place; currently no other sting operations have taken place; and if there is probable cause to all elements of a crime, then a citation can be issued. C. CAPITAL IMPROVEMENT PROJECTS UPDATE -STREETS City Manager Zanoni reported on the eight Capital Improvement Projects underway which total $72M: Ayers Street; Brawner Parkway; Callicoate Road; Laguna Shores; Leopard Street; Ocean Drive; South Staples Street; and Swantner Street. H. BOARD &COMMITTEE APPOINTMENTS: 2. 22-0283 Building Standards Board (4 vacancies) Landmark Commission (3 vacancies) Mayor Guajardo referred to Item 2. Building Standards Board: City of Corpus Christi Page 3 Printed on 31112022 City Council Meeting Minutes February 22,2022 John B. Solberg (Appointed-At Large) Johanna Ortiz (Appointed-At Large) Merced V. Pena (Appointed-Alternate) Nancy E. Whitfield (Appointed-Alternate) Landmark Commission: Elgin Wade Williams (Appointed-At Large Engineer) Albert Montez (Appointed-At Large Title Search) Matthew R. Forrester (Appointed-At Large Real Estate) J. CONSENT AGENDA: (ITEMS 3 - 18) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items 3, 12, 13, 15 and 18 be pulled for individual consideration. A motion was made by Council Member Molina, seconded by Council Member Smith to approve the Consent Agenda with the exception of Items 3, 12, 13, 15 and 18. 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 3. 22-0320 One-reading ordinance repealing Ordinance No. 032593; amending the City of Corpus Christi Operating Budget for the Fiscal Year 2021-2022 to establish the budget for the City Operated Corpus Christi-Nueces County Public Health District; and appropriating funds as provided in the budget for the City Operated Corpus Christi-Nueces County Public Health District. Mayor Guajardo referred to Item 3. Director of Management and Budget Eddie Houlihan presented information on the following topics: timeline; and financial details. There were no comments from the Council. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on emergency 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 City of Corpus Christi Page 4 Printed on 31112022 City Council Meeting Minutes February 22,2022 Enactment No: 032675 4. 22-0310 Approval of the February 15, 2022 Regular Meeting Minutes. The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 5. 22-0199 Ordinance appropriating $10,000 from the Auto Theft Prevention Grant program income into the Auto Theft Prevention Grant for the purchase of a replacement 2021 Ford F-150 crew cab vehicle. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032676 6. 22-0151 Ordinance appropriating $49,000 from the City of Corpus Christi-Nueces County Local Emergency Planning Committee Reserve Fund for community education programs and projects regarding hazardous chemical safety; and amending the FY 2022 Operating Budget by increasing expenditures in the Local Emergency Planning Committee fund by $49,000. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032677 7. 22-0155 Ordinance declaring City property at 1401 Morgan Avenue as surplus property, authorizing the exchange of the surplus property for property located at 1525 Morgan Avenue and 1411 12th Street, and authorizing execution of a contract, deed, and any related documents necessary to complete the exchange and conveyance of the properties between the City of Corpus Christi and the Ed Rachal Foundation pursuant to a competitive bid. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032678 8. 21-0909 Ordinance awarding a construction contract to South Texas Building Partners, Inc, Corpus Christi, Texas, for the construction of a new storage facility for beach maintenance equipment at North Padre Island in the amount of$1,699,558, appropriating $260,242.41 in the State Hotel Occupancy Tax (SHOT) Fund, and amending the FY 2022 operating and capital budgets; located in Council District 4, with FY2022 funding available from Parks and Recreation Bond 2014, Parks and Recreation Bond 2018, and SHOT Funds. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032679 9. 22-0272 Ordinance authorizing a License Agreement with T-Mobile West LLC for use of City property at Fire Station 16 on Mustang Island to operate a temporary City of Corpus Christi Page 5 Printed on 31112022 City Council Meeting Minutes February 22,2022 antenna facility during Spring Break 2022 beginning March 1, 2022 to April 4, 2022 for a one-time fee of$2,500, located in Council District 4, with FY 2022 revenues to be deposited to the General Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032680 10. 22-0270 Ordinance approving the addition of one full-time position to the budget of the Procurement Division of the Finance and Procurement Department for a Contract Manager as recommended by the City Audit Committee; amending the FY 2022 Operating Budget to increase the number of positions by one, with funding coming from the existing FY 2022 Procurement Operational Budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032681 11. 22-0218 Ordinance approving a lease estoppel and amendment to the ground lease with MREIC Corpus Christi TX, LLC ("Tenant") at the Corpus Christi International Airport to include language required for a merger and loan transaction by the Tenant; authorizing the City Manager to execute all documents necessary and related to the amendment and refinancing transaction; and providing for an effective date. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032682 Consent- Contracts and Procurement 12. 21-1662 Motion authorizing the purchase of 27 shade structures, 20 of which will be installed at Labonte Park, from ExerPlay, Inc., of Cedar Crest, New Mexico, for various City parks through the BuyBoard Cooperative for Parks and Recreation, for a total amount of$282,278.25, with FY 2022 funding in the amount of $282,278.25 available through the General Fund. Mayor Guajardo referred to Item 12. A Council Member and Interim Director of Parks and Recreation Dr. Dante Gonzalez discussed the following topics: in response to a Council Member's concern about the shade structures, staff stated that the shade structures are galvanized steel so they are strong enough to withstand high water levels. Council Member Pusley made a motion to approve the motion, seconded by Council Member Lerma. This Motion 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 City of Corpus Christi Page 6 Printed on 31112022 City Council Meeting Minutes February 22,2022 Abstained: 0 Enactment No: M2022-027 13. 22-0150 Motion authorizing a one-year service agreement with two one-year option periods with ADK Environmental, Inc., of Odem, Texas for preventative maintenance and emergency vactor service for an amount not to exceed $297,000.00, with a potential amount not to exceed $938,000.00 if option periods are exercised, with FY 2022 funding in an amount of$173,250.00 available through the Wastewater Fund. Mayor Guajardo referred to Item 13. A Council Member and Interim Director of Water Utilities Gabriel Ramirez discussed the following topics: an emergency vactor service would be used if a wastewater treatment plant is upset by a heavy rainfall. Council Member Pusley made a motion to approve the motion, seconded by Council Member Lerma. This Motion 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: M2022-028 14. 22-0185 Resolution authorizing the acquisition of 34 vehicles and equipment by various departments, of which 19 items will be outright purchases and 15 items will be lease purchased through JPMorgan, for a total amount of$4,549,548.48, with such items to be acquired in the manner, at the amounts, and from the sources stated with FY 2022 funding in the amount of$1,192,864.35. This Resolution was passed on the consent agenda. Enactment No: 032683 Consent- Capital Projects 15. 21-0280 Motion authorizing Amendment No. 3 to a professional services contract with Hazen and Sawyer, Corpus Christi, TX, to provide design, bid, and construction phase services for the Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control in an amount of$3,214,130.00 for a total contract value not to exceed $3,875,930.00, located in Council District 3, with FY 2022 funding available from Wastewater Capital Fund. Mayor Guajardo referred to Item 15. Council Members and Director of Engineering Services Jeff Edmonds discussed the City of Corpus Christi Page 7 Printed on 31112022 City Council Meeting Minutes February 22,2022 following topics: Council Members' concern about how this contract was put in place; and how much engineering services are performed locally. Council Member Hunter made a motion to approve the motion, seconded by Council Member Lerma. This Motion 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: M2022-029 16. 21-1535 Motion awarding a construction contract to Bridges Specialties, Inc., Robstown, Texas, for Packery Channel Water Line project in an amount of$1,497,973.50, located in Council District 4, with FY 2022 funding available from the Water Capital Fund. This Motion was passed on the consent agenda. Enactment No: M2022-030 General Consent Items 17. 22-0229 Resolution authorizing the submission of a grant application in the amount of $152,687.64 to the Office of the Governor Homeland Security Grants Division for funding for overtime and retirement for four sworn officers eligible under the FY 2023 Local Border Security Program Grant. This Resolution was passed on the consent agenda. Enactment No: 032684 18. 22-0317 Resolution authorizing Real Estate Contracts and Developer Participation Agreement with Lands Greenwood 2018, LLC and MPM Development, LP for the sale and exchange of City owned lots on Oso Creek at Starry Circle and authorizing execution of deeds and any related documents necessary to complete the sale and exchange and convey the lots. Mayor Guajardo referred to Item 18. Council Members, Director of Engineering Services Jeff Edmonds, City Manager Peter Zanoni and Developer with MPM Development Moses Mostaghasi discussed the following topics: staff has been working on the environmental study for about a year; creating this detention pond will help take a lot of the property out of flood zones; staff is proposing to exchange Lands Greenwood for land that the City owns; CCISD's offer at the appraised value was declined due to a low price point; the developer has offered the City $86,000 an acre; this property does not have access, sewer, water, or drainage; this development will also alleviate traffic off of Cimarron; the developer will develop Oso Parkway on the 130 acre tract; the appraised value on the 1,000 homes at La Volla City of Corpus Christi Page 8 Printed on 31112022 City Council Meeting Minutes February 22,2022 Creek is about $250M and generate about $5M a year on property taxes; and these homes will be RS-6. Council Member Hernandez 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: 032685 K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:32 p.m. Executive Session Item 25 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 3:56 p.m. M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 19 - 20) Mayor Guajardo called the meeting to order at 11:45 a.m. 19. 22-0305 Ordinance abandoning one Bond 2012 project and one Bond 2016 project and repurposing excess Bond 2008, Bond 2012, Bond 2016 funds for use on the Residential Street Program; and amending FY 2022 capital budget. Mayor Guajardo referred to Item 19. Director of Management and Budget Eddie Houlihan presented information on the following topics: financial budgetary policy; CIP close-out annual report; bond program progress; revenue bond program summary; FY 2020-2021 CIP close-out results; and recommendation. Council Members and City Manager Peter Zanoni discussed the following topics: this funding will allow about $900,000 of street work for each district; and Council Members' belief that neighborhood streets are the best project that this funding can go to. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 9 Printed on 31112022 City Council Meeting Minutes February 22,2022 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 20. 22-0309 Ordinance authorizing acceptance and appropriation of a donation in the amount of$100,000 from the Cheniere Foundation; amending the operating budget for FY2021-2022 to increase expenditures for Homeless Services; and authorizing an agreement with the Coastal Bend Center for Independent Living to provide services to persons with disabilities who are homeless. Mayor Guajardo referred to Item 20. There were no comments from the Council. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Barrera. 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 N. FIRST READING ORDINANCES: (ITEMS 21 -22) 21. 22-0212 Ordinance abandoning and vacating a 10-Foot-wide by approximately 1272.50 feet long (12,725 sq. ft.) portion of an existing 10-Foot-wide easement out of Lot 14-B, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume 37, Page 164, Map Records of Nueces County, Texas, located at 6636 Yorktown Boulevard, Corpus Christi, Texas 78414, conditioned on the dedication of a replacement easement Mayor Guajardo referred to Item 21. Assistant Director of Development Services Nina Nixon-Mendez presented information on the following topics: vicinity map; aerial overview; and staffs recommendation. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Lerma made a motion to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 10 Printed on 31112022 City Council Meeting Minutes February 22,2022 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 22. 22-0288 Ordinance appropriating Airport Grant#66 for $281,090.00 from the Federal Aviation Administration, pursuant to the American Rescue Plan Act ("ARPA"), to provide rent relief to eligible small and large in-terminal concessions in the amounts of$224,872.00 and $56,218.00, respectively, located at Corpus Christi International Airport; and amending the FY 2022 Operating Budget. Mayor Guajardo referred to Item 22. Assistant Director of Aviation Elsy Borgstedte stated that this is a federal grant from the Federal Aviation Administration to provide rent relief to eligible in-terminal concessions. There were no comments from the Council. Council Member Hernandez 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 Abstained: 0 O. BRIEFINGS: (ITEM 23) 23. 22-0004 Presentation briefing on proposed revisions to the Community Enrichment Fund (CEF) policy, and recommendation of FY 2022 Community Enrichment Fund Budget in the amount of$2,803,266 for Council consideration on March 22, 2022. Mayor Guajardo referred to Item 23. Assistant City Manager Neiman Young and Interim Director of Parks and Recreation Dr. Dante Gonzalez presented information on the following topics: Unified Development (UDC) language; land dedication vs. fee in lieu of land (FILO); open space; challenges in the current process-budget line items; formula based fee structure; proposed-simplify the FILO five mile radius requirement (area development zones); proposed-simplify the community enrichment fees; proposed-establish methodology for CEF expenditures; and proposed FY 2022 community enrichment fund budget. Council Members, City Manager Zanoni, Assistant City Manager Young, Interim Director Gonzalez and Interim City Auditor Kimberly Houston discussed the following topics: tennis courts in Flour Bluff will be resurfaced and possibly add pickle ball courts; of the City of Corpus Christi Page 11 Printed on 31112022 City Council Meeting Minutes February 22,2022 $2.8M, about $1.3M is recommended for District 5 and the other districts will get about $350,000 to $450,000; area development zones include Southside A and B and Padre Island to Mustang Island; a Council Member's concern that the northwest area of Corpus Christi is left out because it doesn't have as much development growth; and a Council Member's concern about the amount of money that is existing and what will be put into production. P. RECESS TO REDISTRICTING COMMUNITY INPUT SESSION: (None) R. EXECUTIVE SESSION: (ITEMS 24 -25) Mayor Guajardo referred to Executive Session Item 25. The Council went into Executive Session at 2:32 p.m. The Council returned from Executive Session at 3:56 p.m. 24. 22-0167 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to Corpus Christi-Nueces County Public Health District, various lawsuits, including, but not limited to, John F. Smith v. Nueces County Texas and/or Corpus Christi-Nueces County Public Health District, other legal issues related to the personnel, structure, and/or operation of said district, Texas Health and Safety Code Chapter 121, the Cooperative Agreement to Operate a Public Health District and amendments, reformations, and attachments thereto, other laws and regulations governing public health districts, members and membership in the public health district, grants to the members of the public health district, other legal issues related to the provision of health services in the local area, and any potential actions that may be performed pursuant to the aforesaid statutes, agreement(s), and regulations. This E-Session Item was withdrawn. Enactment No: M2022-026 25. 22-0282 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, and value of property south of Yorktown near Oso Creek and Oso Bay, property along La Volla Creek, property between Safety Steel Drive, Oso Creek, and a line extending south from the intersection of Yorktown and Rodd Field Road, and Texas Government Code § 551.072 to discuss and deliberate the potential purchase, exchange, and/or value of the aforementioned areas of real property. This E-Session Item was discussed in executive session. S. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 5:59 p.m. City of Corpus Christi Page 12 Printed on 31112022 C � Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, February 22, 2022 9:18 AM To: Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input: 02-22-2022 - Dan Caballero' fyi From:Jotform <noreply@jotform.com> Sent:Tuesday, February 22, 2022 9:16 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 02-22-2022 - Dan Caballero' I I 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. FiPublic Comment & Input Form Date of Meeting 02-22-2022 Name Dan Caballero' Address Street Address: 5949 La Costa Drive City: Corpus Christi State/ Province:TX Postal/Zip Code: 78414 Topic Land Swap on OSO property on Yorktown Agenda Item Number 22-0317-18 Describe Feedback: Land swap on OSO property off Yorktown of approximate 120 acres. I would like to put an offer of$7,000,000.00 cash and I can close in 10 days. The property that you're trading is only with about $300,00.00. Please consider my offer. Provide an email to receive a copy of your dcbad@sbcglobal.net submission. V`V Norma Duran From: Jotform <noreply@jotform.com> Sent: Tuesday, February 22, 2022 11:03 AM To: CitySecretary; Norma Duran Subject: [EXTERNAL]Public Input: 02-22-2022 - Dorothy Pena [ [ 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 H Helpdesk at 826-3766. _Public Comment & Input Form Date of Meeting 02-22-2022 Name Dorothy Pena Address Street Address: 2114 Meadowpass Drive City: Corpus Christi State/ Province:TX Postal/Zip Code: 78414 Topic Ordinance authorizing acceptance and appropriation of a donation in the amount of $100,000 from the Cheniere Foundation; Agenda Item Number 20 Describe Feedback: Why do you,our representatives of this city, continue to put yourselves and the community members in positions to be manipulated by these industries?One hundred thousand dollars is not nearly enough to adequately house and protect the houseless population of this community,yet here we are considering if we should or shouldn't take this bribe from Cheniere. Why not ask them to take that money and invest it into fixing their tanks that had cracks in them or updating their alarm systems as to prevent situations like that from ever occurring. Does this money essentially give them allowance to pollute and destroy the environment and harm our communities? We want help for our most disenfranchised community members, but we don't want or need it from industries that have no problem contaminating our air and water for their 1 selfish gain.Their"donations" do not absolve them of their negligence or destruction.They are in fact not helping. Provide an email to receive a copy of your dorothy.pena33@gmail.com submission. 2 Norma Duran From: Jotform <noreply@jotform.com> Sent: Tuesday, February 22, 2022 11:08 AM To: CitySecretary; Norma Duran Subject: Public Input: 02-22-2022 -Todd Hunter [ [ 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. ] ] o s: coyfnn--"_�nt & Input Date of Meeting 02-22-2022 Name Todd Hunter Address Street Address: 13526 Catamaran City: Corpus Christi State/Province: texas Postal/Zip Code: 78418 Topic Short Term Rentals Agenda Item Number Short Term Rentals Update Describe Feedback: Please find a way to NOT allow short term rentals in the housing area of the Padre Island Property Owners Association area of North Padre. We purchased a home in that area with he understanding that our neighbors would NOT be there for just the weekend.A neighbor that is there for the weekend treats the neighborhood differently and acts completely differently than someone that is prepared to live there a month or years. Provide an email to receive a copy of your toddahunterjr@yahoo.com submission. 1 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, February 22, 2022 9:30 AM To: Sarah Brunkenhoefer Subject: FW: Public Input: 02-22-2022 - Sandy RICARDO fyi From:lotform <noreply@jotform.com> Sent: Tuesday, February 22, 2022 9:30 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 02-22-2022 -Sandy RICARDO [ [ 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. blic Comment & input I:orn; Date of Meeting 02-22-2022 Name Sandy RICARDO Address Street Address: 15338 Mutiny Ct City: Corpus Christi State/ Province: Tx Postal/Zip Code: 78418 Topic Short term rentals in single family zoning on Padre Island Agenda Item Number Short term rentals Describe Feedback: We are senior citizens and spent our life savings to move from Virginia and retire and live in a canal home. I grew up in Corpus Christi and this had been a long time dream. We pay very high taxes to live here. We chose our home because it is quiet and we can relax here after my husband's 25 yr Navy career. A couple of houses have been used as short term rentals even though not allowed. Loud noise (almost all night) trash in the canal and street, speeding down our quiet street. Not acceptable! Please DO NOT allow STRs in the single 1 family areas. There are plenty of condos across 22 for that.Thank you. Provide an email to receive a copy of your sandyyricardo@gmail.com submission. 2 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, February 22, 2022 9:04 AM To: Sarah Brunkenhoefer Subject: FW: Public Input: 02-22-2022 - Ted Morris fyi From:Jotform <noreply@jotform.com> Sent:Tuesday, February 22, 2022 9:03 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 02-22-2022 -Ted Morris [ [ 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 02-22-2022 Name Ted Morris Address Street Address: 15869 Punta Espada Loop City: Corpus Christi State/ Province:TX Postal/Zip Code: 78418 Topic Opposition to STRs on North Padre Agenda Item Number STR Describe Feedback: As a residing homeowner on North Padre Island for 11 years, and a previous owner of an STR unit for five years on this island in a commercial area, I am highly opposed to any allowance of STR locations within areas of private home ownership. Serving as President of the HOA where I owned a unit, I was privy to all of the issues that arose due to having a multitude of people come and go at these STR's.Aside from the typical building maintenance issues that arose,there were many, many issues due to negligence or abuse from the varied renters. Parking, noise, litter, trespassing, altercations, and 1 facilities damage. I have experienced the challenges of come and go renters directly across the street from my home. I have interacted with the homeowner, and many of the come and go renters.Though not an advertised location, it is obvious to me what is happening there. I had documented license plates, counted noses, and taken pictures during the summer months. NO STRs IN FAMILY NEIGHBORHOODS. Uploads: 11AADE3B-9A66-469A-9EC7-91E17D1F327A.ipeg 42206803-0082-4135 E-A412-7F7E192CCFF2.ipeg 920FE1A2-C228-4E40-8EEO-3067BCC1B813.ipeg Provide an email to receive a copy of your mrmorrte@gmail.com submission. 2 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, February 22, 2022 8:07 AM To: Sarah Brunkenhoefer Subject: FW: Public Input: 02-22-2022 - Linda Gingrich Public comment From:Jotform <noreply@jotform.com> Sent:Tuesday, February 22, 2022 8:03 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 02-22-2022 - Linda Gingrich [ [ 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 02-22-2022 Name Linda Gingrich Address Street Address: 13934 Flintlock Dr City: Corpus Christi State/ Province:TX Postal/Zip Code: 78418 Topic Short Term Rentals in Residential Areas Agenda Item Number Unknown Describe Feedback: As a full time resident of North Padre Island, I believe that short term rentals should be prohibited in residential areas.We do not need the parties,the disrespect, or the dangers that come with vacationers who have no stake in our community. We already have enough problems with residents who can't seem to abide by the POA rules and regulations, why allow outsiders to abuse them even further? I came here to slow down and enjoy my life before retirement so that when I do retire, I'm already 1 where I want to be. If you allow STRs in our residential areas,you're going to ruin the tranquility of your residents' lifestyles and force them to seek peace elsewhere. Do you really want that to happen? I don't. Provide an email to receive a copy of your linnie73@att.net submission. z Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, February 22, 2022 8:08 AM To: Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input: 02-22-2022 - debbie fitch Public comment From:Jotform <noreply@jotform.com> Sent:Tuesday, February 22, 2022 8:07 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 02-22-2022 -debbie fitch [ [ 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. ublic Comment & Input Form Date of Meeting 02-22-2022 Name debbie fitch Address Street Address: 15201 Isla Pinta Ct City: Corpus Christi State/ Province:TX Postal/Zip Code: 78418 Topic Short Term Rentals in Residential RS6 neighborhoods Agenda Item Number Gb Describe Feedback: As island residents, my family and I are opposed to Short Term Rentals inside our residential RS6 neighborhoods. STRs are welcomed in areas zoned as such. Our residential neighborhoods should be a place to peacefully enjoy our homes. STRs disrupt (with noise, crowding, litter, etc) our lives. The island residents are overwhelmingly against this occurrence, and we encourage the city staff and council to consider our requests. 1 Provide an email to receive a copy of your dfitch55@gmail.com submission. 2 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, February 22, 2022 12:48 PM To: Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input: 02-22-2022 - Bob Drozd FYI, this came in late. From:Jotform <noreply@jotform.com> Sent:Tuesday, February 22, 2022 12:26 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 02-22-2022 - Bob Drozd [ [ 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 02-22-2022 Name Bob Drozd Address Street Address: 13521 Royal Fifth Ct. City: Corpus Christi State/Province:TX Postal/Zip Code: 78418 Topic STR in RS-6 Agenda Item Number I am "against" STR in RS-6 residential neighborhoods !!! Describe Feedback: I am "against" STR in RS-6 residential neighborhoods !!! Provide an email to receive a copy of your myrealtorbobl7@yahoo.com submission. 1 City of Corpus Christi 1201 Leopard Street � Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Monday, February 21,2022 9:00 AM Council Chambers SPECIAL CITY COUNCIL MEETING Developing Redistricting Plan A. Mayor Paulette M. Guajardo to call the meeting to order. Mayor Guajardo called the Special Meeting to order at 9:14 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca 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 C. PUBLIC COMMENT Mayor Guajardo opened the public comment period. Tim Dowling, 8017 Villefranche Dr., spoke regarding the redistricting process. Elisa Gonzalez, 4101 Brett St., spoke in favor of creating an Independent Redistricting Commission. D. BRIEFINGS: 1. 22-0319 Presentation and discussion of 2022 Redistricting Illustrative Plan for City Council Districts; and development of a baseline City Council Districts Map for community engagement purposes. City Secretary Rebecca Huerta introduced Redistricting General Counsel Cobby Caputo. Mr. Caputo described the draft illustrative map that was designed by his GIS Technician. Council Members, Mr. Caputo, City Manager Peter Zanoni and City Attorney Miles Risley discussed the following topics: since District 2 does not have a growth area, it should be City of Corpus Christi Page 1 Printed on 31112022 City Council Meeting Minutes February 21,2022 the largest district coming out of redistricting; a Council Member's request for a spreadsheet that shows what voting precincts were impacted by the changes in these maps; a Council Member's request to see changes in the demographic data; and citizens' concerns that there is a conflict of interest for Council Members to be in charge of the redistricting process because they could consider their own incumbency within those districts. City Secretary Rebecca Huerta presented the timeline as follows: February 22-March 8, 2022 - Community Input Sessions; March 8, 2022 - Community Input Wrap-Up session; March 22, 2022 -first reading ordinance approving redistricting plan; and March 29, 2022 - 2nd reading ordinance approving redistricting plan. Mayor Guajardo recessed the Special Council meeting at 10:33 a.m. until 1:30 p.m. on February 22, 2022. Mayor Guajardo reconvened the Special Council Meeting on February 22, 2022 at 1:28 p.m. Redistricting Attorney Cobby Caputo presented the revisions that were made to the redistricting map now called Plan B. A Council Member and Mr. Caputo discussed the following topics: a Council Member's request for a precinct list; and a request for a chart with population percentage changes. E. EXECUTIVE SESSION: 2. 22-0334 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to City Council's redistricting obligations and potential litigation related thereto. This E-Session Item was withdrawn. F. ADJOURNMENT Mayor Guajardo adjourned the Special City Council Meeting at 1:35 p.m. City of Corpus Christi Page 2 Printed on 31112022 SC ` 11 0 � AGENDA MEMORANDUM NCORPOR 1'0 First Reading Ordinance for the City Council Meeting of February 22, 2022 1852 Second Reading Ordinance for the City Council Meeting of March 8, 2022 DATE: February 11, 2022 TO: Peter Zanoni, City Manager FROM: Eddie Houlihan, Director of Management and Budget eddieho(a)-cctexas.com (361) 826-3792 Kamil Taras, Capital Improvement Program Manager kamilt(a)cctexas.com (361)-826-3242 Annual CIP Close-out and Repurposing of Funds CAPTION: Ordinance abandoning one Bond 2012 project and one Bond 2016 project and repurposing excess Bond 2008, Bond 2012, Bond 2016 funds for use on the Residential Street Program; and amending FY 2022 capital budget. SUMMARY: Section 19 of the Financial Budgetary Policies requires City staff to reconcile all capital funds. As a result of this process, $4,479,295.16 of funding was identified to be repurposed for like projects. City staff is recommending the funds be used for the residential street program — equally divided amongst each of the five City Council districts equating to approximately $896,000 per district. City staff will recommend a list of projects by district to the City Council members for their review and will bring an amendment to the 5-Year Infrastructure Management Program (IMP) in the relatively near future. BACKGROUND AND FINDINGS: The Capital Improvement Program (CIP) close-out process began in early fall of 2021 as a joint effort with the Finance Department, the Office of Management and Budget, and Engineering Services. The process included the reconciliation of all CIP funds, review and assessment of all CIP encumbrances, and analysis of funds to determine if funds are eligible to be closed. The process involved reviewing and analyzing 37 General Obligation Bond funds as well as 63 Utility Revenue Bond Funds. Upon completion of the process, $4,479,295.16 was identified and designated to be repurposed for like projects. Funds available to be repurposed are as follows: • $ 810,208.92 Bond 2008 - All projects are complete • $1,769,086.24 Bond 2012 projects— Recommendation to reschedule Twigg Street to long-range CIP due to delay of the Harbor Bridge Project • $1,900,000.00 Bond 2016— Repurpose funding for developer and TXDOT participation projects of which no projects have been identified There are three projects on North Beach in Bond 2018 that are on-hold due to the Harbor Bridge Project. A recommendation to repurpose those funds will be forthcoming. Additionally, $8,000,000.00 in utility revenue bond funds were identified to be repurposed and will be used to decrease the FY 2022 utility revenue bond issuance. The repurposing of these dollars will result in the City's outstanding utility debt obligation to not increase by $8,000,000.00; thus, saving money on cost of issuance and interest costs - ultimately minimizing the impact on utility rates and rate payers. FINANCIAL IMPACT: The fiscal impact for FY 2021-2022 consists of repurposing $4,479,295.16 in capital budget expenditures for residential street program and lowering the FY 2022 utility revenue bond issuance by $8,000,000.00. FUNDING DETAIL: Fund: Streets Bond 2018 Fund (3556) Mission Element: Street Maintenance (051) Project: RSRP FY2022 Close-out (22025) Account: Construction (550910) Activity: 22025-3556-EXP Amount $4,479,295.16 RECOMMENDATION: Staff recommends repurposing $4,479,295.16 of old bond funds for the Residential Street Program equally divided amongst the five City Council districts and approving an amendment to the FY 2021-2022 capital budget for this purpose. City staff will recommend a list of projects by district to the City Council members for their review and will bring an amendment to the 5-Year Infrastructure Management Program (IMP) in the relatively near future. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance abandoning one Bond 2012 project and one Bond 2016 project and repurposing excess Bond 2008, Bond 2012, Bond 2016 funds for use on the Residential Street Program; and amending FY 2022 capital budget. WHEREAS, all Bond 2008 projects have been completed and the excess Bond 2008 funds of $810,208.92 shall be used as directed by City Council; WHEREAS, in August 2012, City Council approved Ordinance 029589 ordering a Bond election that identified Twigg Street, generally from Shoreline Boulevard to Lower Broadway, to be completed in Bond 2012 Proposition No. 1; WHEREAS, in April 2015, City Council approved Resolution 030482 directing staff to defer and reassess Bond 2012 projects directly affected by the new Harbor Bridge construction, specifically Twigg Street and Leopard Street; WHEREAS, staff has reassessed the Bond 2012 projects affected by the new Harbor Bridge construction and recommends not proceeding with Twigg Street, generally from Shoreline Boulevard to Lower Broadway; WHEREAS, funds to complete the remaining Bond 2012 projects have been identified and the excess Bond 2012 funds of$1,769,086.24 shall be used as directed by City Council; WHEREAS, in August 2016, City Council passed Ordinance 030931 ordering a Bond election that identified Participation Projects (projects that receive external funding for all or part of their costs) to be completed in Bond 2016 Proposition 12; WHEREAS, no projects have been identified that receive external funding for all or part of the costs for Bond 2016 participation projects; WHEREAS, excess Bond 2016 funds of$1,900,000.00 shall be used as directed by City Council; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this Ordinance are hereby approved and adopted. SECTION 2. City Council hereby finds and determines that the Bond 2012 Twigg Street project and the Bond 2016 Participation Project are abandoned due to external sources of funding that did not materialize or unforeseen changes in fact or circumstance that make the anticipated expenditures no longer wise or necessary. SECTION 3. The City Council hereby directs and authorizes the repurposing of remaining Bond 2008, Bond 2012 and Bond 2016 funds to fund the Bond 2018 Proposition A Residential Street Rebuild Program project. SECTION 4. The Corpus Christi FY2021-2022 Capital Budget adopted by Ordinance No. 032540 is amended to increase expenditures by $4,479,295.16 for residential streets. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, 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 2022, 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 , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Cityof CChristUA Annual CIP C ReportP�S � G� i� 1t r � S r Financial Budgetary Policy Approved Financial Policies includes a Section on Capital Improvement Annual Close-out The Capital Improvement Annual Close-out process is a comprehensive review of CIP projects & related funds This process involves multiple departments Office of Management and Budget Finance and Business Analysis Engineering Services US O rn �rn J 2 7852 CIP Close-out Annual Report ❖This process includes the following steps: 4.'*Reconciliation of all CIP projects and funds ❖Review and assessment of all CIP encumbrances ❖Analysis of funds to determine if fund is eligible to close To be CLOSED a fund must have: All budgeted projects completed All encumbrances expensed or liquidated All warranty periods concluded `o�Q US Cy Rs i C Y .- m r BOND PROGRAM PROGRESS ■Expensed&Encumbered■Unencumbered 100% bon aox roM 60% 60% 1. 309: 2M 109: 0% Bond'08 Bond'12 Bond'14 Bond'16 Bond 18 Bond'20 Total Expensed& Percentage Percenta e To Date Encumbered Expensed&Encumbered Unencumbered Unencumbered Bond 2008 $156.7M $155.6M 99.3% $1.1m 0.7% Bond 2012 $90.1M $88.3M 98.0% $1.8M 2.0% Bond 2014 $103.5M $98.7M 95.4% $4.8M 4.6% Bond 2016 $19M $16.6M 87.4% $2.4M 12.6% Bond 2018 $96.8M $61.4M 63.4% $35.4M 36.6% Bond 2020 $75M $8.1m 10.8% $66.9M 89.2% REVENUE BOND PROGRAM SUMMARY 200,000,000.00 1w,uw,wu.w 190,000,000.00 140,000,000.00 120,000,000.00 1w,ow,000.w 80,000,000.00 60,000,000.00 40,000,000.00 20,000,000.00 2006 Revenue Bonds 2010 Revenue Bonds 2012 Revenue Bonds 2013 Revenue Bonds 2015 Revenue Bonds 2019 Revenue Bonds 2020 Revenue Bonds 2022 Revenue Bonds ■Water ■Wastewater n Storm Water Gas Total Expensed& Percentage Percentage To Date Encumbered Expensed&Encumbered Unencumbered Unencumbered 2008 Revenue Bonds $118.9M $118.9M 100% $OM 0% 2010 Revenue Bonds $83.3M $83.3M 100% $OM 0% 2012 Revenue Bonds $197.9M $197.9M 100% $OM 0% 2013 Revenue Bonds $101.9M $101.9M 100% $OM 0% 2015 Revenue Bonds $111.6M $111.6M 100% $OM 0% 2019 Revenue Bonds $50.6M $49.1M 97% $1.5M 3% 2020 Revenue Bonds $110M $96.9M 88% $13.1M 12% 2022 Revenue Bonds $120M $76.6M 64% $43.4M 36% FY 2020-2021 CIP Close-out Results ®®® The City of Corpus Christi currently has: 37 General Obligation Bond funds 63 Utility Revenue Bond funds ®®® The Annual closeout this year will close 16 General Obligation Bond funds or 43%of active funds 28 Utility Revenue Bond funds or 44%of active funds This effort resulted in $4.479M in street funds available for reprograming $8M in utility revenue bond funds were identified to be repurposed and will be used to decrease the FY 2022 utility revenue bond issuance which will decrease the impact on future utility rates G0,_eus ecyRs Additionally there are three projects on North Beach in Bond 2018 that are on-hold ° -' due to the Harbor Bridge Project. A recommendation will be forthcoming. J y 6 1852 Recommendation Reschedule Bond 2012Twigg Street project to long-range CIP due to delay of the Harbor Bridge Project and repurpose the funds Repurpose Bond 2016 funding forTxDOT participation projects of which no project currently are identified $4.479M for Residential Street Program, approximately $896K per district City staff will recommend a list of residential street projects by GO�QUSCC/1' council district to the City Council for consideration of inclusion in the city's 5-year Streets Infrastructure Management Plan �J y 7852 Cityof CChristUA Annual CIP C ReportP�S � G� i� 1t r � S r so �o o� A H AGENDA MEMORANDUM WoRPORP�g4 First Reading of the City Council Meeting of February 22, 2022 1852 Second Reading for the City Council Meeting of March 8, 2022 DATE: February 11 , 2022 TO: Peter Zanoni, City Manager THRU: Andrea Gardner, Assistant City Manager and reaga(a)cctexas.com (361) 826-3506 FROM: Tracey K. Cantu, Interim Director Neighborhood Services Department traceyc(a)cctexas.com (361) 826-3021 Acceptance and appropriation of a $100,000 donation from the Cheniere Foundation and Authorizing an Agreement with the Coastal Bend Center for Independent Living to Provide Services to Persons with Disabilities Who are Homeless CAPTION: Ordinance authorizing acceptance and appropriation of a donation in the amount of $100,000 from the Cheniere Foundation; amending the operating budget for FY2021-2022 to increase expenditures for Homeless Services; and authorizing an agreement with the Coastal Bend Center for Independent Living to provide services to persons with disabilities who are homeless. SUMMARY: The Cheniere Foundation has granted the City of Corpus Christi $100,000 for an agreement between the City and the Coastal Bend Center for Independent Living (CBCIL) so that CBCIL can provide services to persons with disabilities who are homeless. Services will transition persons who are homeless to being housed. BACKGROUND AND FINDINGS: The Cheniere Foundation, a 501(c)(3) organization, wants to make a positive impact in the lives of persons who are homeless. The gap in case management and supportive services for persons with disabilities who are homeless was identified as the space where the Cheniere Foundation would make a measurable contribution. The Cheniere Foundation is making the donation to the City and the agreement is between the City and CBCIL. The City will monitor CBCIL's progress toward the donation's intended outcomes and disburse funds to CBCIL. The Cheniere Foundation will consider another $100,000 donation for a second year if the program demonstrates success. CBCIL will address persistent and chronic homelessness through the new Housing & Support for Homeless Individuals with Disabilities Program (HSHID). CBCIL will establish a housing `bridge model' for individuals with mental, behavioral and other disabilities who are homeless or at risk of homelessness. CBCIL's HSHID will fill gaps between the streets, shelters and unstable housing to short-term affordable rental housing, connected to services and supports, with eventual access to permanent affordable supportive housing. A housing continuum will be established in a three- year public-private pilot, with stakeholders committed to a multi-pronged coordinated initiative. In year one of the HSHID, CBCIL will build capacity for the program, with potentially 15 — 20 individuals identified through outreach for housing and supports assistance. The goal in the first year is for eight (8) individuals to access housing through tenant based rental assistance programs. In year two, HSHID will be fully implemented, with outreach to 40 - 50 individuals, and a goal of assisting 18 second year and new individuals with rental assistance. Client eligibility recertifications in the second year will provide a total of two years of housing assistance per consumer/client, with the goal of accessing permanent affordable housing. Year Three will continue HSHID housing and support, with a goal of 30 individuals assisted with rental assistance. The documented outcomes achieved through HSHID will be analyzed, with recommendations for improvements and sustainability of the model. CBCIL, as the federally established Center for Independent Living serving the Coastal Bend since 2002, operates programs that assist individuals with disabilities of all types to reach their goals for living independently in communities throughout the region. CBCIL is one of two tenant based rental assistance administrators in the region that provide what is considered a "bridge" for up to two years to permanent supportive housing, typically through HUD Section 8/CHOICE vouchers or other subsidized affordable rental units. ALTERNATIVES: The alternative is not to accept the donation. FISCAL IMPACT: The City will receive $100,000 from the Cheniere Foundation and disburse the funds to the Coastal Bend Center for Independent Living. Funding Detail Fund 1071 Community Enrichment Grants Organization/Activity: 806103L Cheniere Energy Mission Element: 007 Nondiscrimination Program Project # (CIP Only): N/A Account: 530000 Professional Services RECOMMENDATION: Staff recommends accepting the donation and authorizing the agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Donation letter Agreement Ordinance authorizing acceptance and appropriation of a donation in the amount of $100,000 from the Cheniere Foundation; amending the operating budget for FY2021-2022 to increase expenditures for Homeless Services; and authorizing an agreement with the Coastal Bend Center for Independent Living to provide services to persons with disabilities who are homeless. Whereas, the Cheniere Foundation, a 501(c)(3) corporation, made a $100,000 donation to the City of Corpus Christi to establish a program that addresses persistent and chronic homelessness in the region in partnership with the Coastal Bend Center for Independent Living; Whereas, the program will fill gaps and provide services for individuals with mental, behavioral and other disabilities who are homeless or at-risk of homelessness in Corpus Christi and the Coastal Bend area; Whereas, the City of Corpus Christi ("City"), the Cheniere Foundation ("Cheniere") and the Coastal Bend Center for Independent Living ("CBCIL") have agreed on a model for the Housing & Support for Homeless Individuals with Disabilities Program ("Program"); Whereas, Cheniere has donated $100,000 for the Program and the City will enter into an Agreement with CBCIL whereby CBCIL will set up and operate the Housing & Support for Homeless Individuals with Disabilities Program and the City will reimburse CBCIL for expenses incurred by the Program until the Chenier funding is exhausted or the term of the Agreement expires. Now, Therefore, be it ordained by the City Council of the City of Corpus Christi, Texas that: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes. Section 2. Funds in the amount of $100,000 are appropriated from the Cheniere Foundation for costs related to the Housing & Support for Homeless Individuals with Disabilities Program. Section 3. The FY2021-22 Operating Budget adopted by Ordinance No. 032539 is amended to increase expenditures by $100,000 for Homeless Services. Section 4: The City Manager or his designee is authorized to execute all documents necessary for an agreement between the City of Corpus Christi and the Coastal Bend Center for Independent Living. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 1 2022, 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 2022, by the John Martinez following vote: Ben Molina Paulette M. Guajardo Mike Pusley Roland Barrera Greg Smith Gil Hernandez Michael Hunter Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor CHENIERE FOUNDATION December 13, 2021 Jennifer Buxton Assistant Director, Neighborhood Services City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Dear Jennifer, At Cheniere we are proud of our long tradition of responsible corporate citizenship and we are deeply committed to giving back to the communities where we live and work. Through our Cheniere Foundation, the company implements programs to positively impact local communities through volunteer efforts, financial contributions, and in-kind donations. As recommended by our local community team and employees at our Corpus Christi Liquefaction facility (CCL) in San Patricio County, please find enclosed a donation in the amount of $100,000 (Check #1295) to establish a program that addresses persistent and chronic homelessness in the region in partnership with the Coastal Bend Center for Independent Living (CBCIL). This program will fill gaps and provide services for individuals with mental, behavioral, and other disabilities who are homeless or at risk of homelessness. We are pleased to be able to provide you with this support and wish you all the best in your efforts to make the world a better place. Please send an acknowledgement letter to the address below. Sincerely, Nj4j� �A - Wendy B. Craven Executive Director Cheniere Foundation CC' Michelle Hinojosa, Community Affairs Enclosure Cheniere Foundation • 700 Milam Street, Suite 1900 • Houston, TX 77002 - phone:713.375.5000 • fax: 713.375.6000 EXHIBIT A SCOPE OF WORK The Coastal Bend Center for Independent Living (CBCIL) is partnering with the City of Corpus Christi to address persistent and chronic homelessness within the City. With support from the Cheniere Foundation, the Housing & Support for Homeless Individuals with Disabilities (HSHID) Program, will establish a housing 'bridge model' for individuals with mental, behavioral and other disabilities who are homeless or at risk of homelessness. CBCIL's HSHID will fill gaps between the streets, shelters and unstable housing to short-term affordable rental housing, connected to services and supports, with eventual access to permanent affordable supportive housing. During the term of this Agreement, CBCIL agrees to provide case management, supportive services and secure housing for persons with disabilities who are homeless in Corpus Christi, Texas through the following outcomes: 1. Hire and train one case manager and build program structure 2. Identify 15-20 individuals through outreach for housing and supportive assistance 3. Secure housing for eight individuals This is a Reimbursement Agreement. Once CBCIL has services to those in need, CBCIL may submit an Invoice or Request for Reimbursement to the Contract Administrator for this Agreement. The invoice or request for reimbursement should include documentation of the services provided and the expenses incurred by CBCIL. The invoice or request for reimbursement should also include a summary of the services provided to the homeless persons and the number of people served. CBCIL should also include demographic information on the homeless persons served, including but not limited to: age, gender, race, and ethnicity. No information covered by HIPPA is requested. Reimbursement requests can be sent via email to the City Contract Administrator at: jenniferb9@cctexas.com. ° AGREEMENT FOR HOMELESS SERVICES COASTAL BEND CENTER FOR INDEPENDENT LIVING RFQ zss2 This Agreement ("Agreement ) is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and the Coastal Bend Center for Independent Living, a 501 (c)(3) non-profit organization ("CBCIL"), effective upon execution by the City Manager or the City Manager's designee ("City Manager") . WHEREAS, on September March 8, 2022, the City Council accepted a $100,000 donation from the Cheniere Foundation to fund the Coastal Bend Center for Independent Living to create a Housing & Support for Homeless Individuals with Disabilities (HSHID) Program in the City, WHEREAS, on September March 8, 2022, the City Council approved $100,000 in funding for the Coastal Bend Center for Independent Living in the City's Fiscal Year 2021-2022 Operating Budget; WHEREAS, CBCIL operates in Corpus Christi, Nueces County, Texas and one of its goals is to assist homeless individuals with disabilities to achieve their goals to live independently. NOW, THEREFORE, in consideration of the mutual covenants provided herein and for other good and valuable consideration, the receipt of which is hereby acknowledged, the City and CBCIL agree as follows: 1. Scope. CBCIL will provide case management and rental assistance services for homeless persons with mental, behavioral and other disabilities in Corpus Christi, Texas ("Services") during FY 2021 -2022 in accordance with the Scope of Work attached hereto and incorporated herein as Exhibit A. 2. Term. The term of this Agreement shall begin March 8, 2022 and end on March 7, 2023. 3. Compensation and Payment. This Agreement is for an amount not to exceed $100,000. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Neighborhood Services Department P.O. Box 9277 Service Agreement CBCIL Page 1 of 6 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: Jennifer Buxton, Assistant Director Neighborhood Services Department 1201 Leopard Street, 2nd Floor Corpus Christi, Texas 78401 (361 ) 826-3976 Jenniferb9@cctexas.com 5. Insurance. Before performance can begin under this Agreement, CBCIL 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 Contract Administrator's written request. Insurance requirements areas stated in Exhibit B attached hereto and incorporated herein by reference. CBCIL may provide a letter of self-insurance, as an alternative to a Certificate of Insurance, if said letter of self-insurance is approved by the City's Risk Manager. 6. 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. 7. Independent Contractor. CBCIL 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. 8. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Taxes. CBCIL covenants to pay all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes for its employees. Upon Service Agreement CBCIL Page 2 of 6 request, the Contract Administrator shall be provided proof of payment of these taxes within 15 days of such request. 11. 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 Neighborhood Services Department 1201 Leopard Street, 2nd Floor Corpus Christi, Texas 78401 (361 ) 826-3976 (office) IF TO CONTRACTOR: oastal Bend Center for Independent Living 3 L(o 2 S. orpus Christi, Texas fl-4- 7 9 LH r (office) (36i) 3 3 t+- 120 12. CBCIL AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF 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 CBCIL OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CBCIL OR ITS EMPLOYEES OR AGENTS. CBCIL 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 CBCIL UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Service Agreement CBCIL Page 3 of 6 13. Termination. (A) Termination for Cause. The City may terminate this Agreement for CBCIL's failure to comply with any of the terms, conditions and covenants of this Agreement. The City shall give CBCIL written notice of the breach and set out a reasonable opportunityto cure. If CBCIL has not cured the breach within the cure period set out in the City's notice of breach, the City may terminate this Agreement immediately thereafter. (B) Termination for Convenience. Alternatively, the City may terminate this Agreement for convenience upon ten (10) days written notice to CBCIL. CBCIL shall cease all work and services called for in this Agreement upon receipt of the City's written notice to terminate this Agreement for convenience. The City shall pay CBCIL for all services provided in accordance with the terms of this Agreement up until CBCIL'S receipt of the City's Notice to Terminate the Agreement for convenience. 14. 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. 15. Assignment. No assignment of this Agreement by CBCIL or of any right or interest contained herein, is effective unless the City Manager or his designee first gives written consent to such assignment. The performance of Services described in this Agreement by CBCIL 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. 16. 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. 17. 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 and exhibits; 18. Certificate of Interested Parties. CBCIL agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 Service Agreement CBCIL Page 4 of 6 "Certificate of Interested Parties'' as part of this Agreement if required by said statute. 19. Governing Law. CBCILagrees 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. 20. 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 CBCIL Page 5 of 6 Coastal Bend Center f r Independent Living MM&L—� Signature: Printed Name: Title: Date: �'Lv ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Tracey Cantu, Interim Director Department of Neighborhood Services Date: Approved as to Form: Kent Mcllyar, Assistant City Attorney Attached and Incorporated by Reference: Exhibit A: Scope of Work Exhibit B: Insurance Requirements Service Agreement CBCIL Page 6 of 6 EXHIBIT A SCOPE OF WORK The Coastal Bend Center for Independent Living (CBCIL) is partnering with the City of Corpus Christi to address persistent and chronic homelessness within the City. With support from the Cheniere Foundation, the Housing & Support for Homeless Individuals with Disabilities(HSHID) Program, will establish a housing 'bridge model' for individuals with mental, behavioral and other disabilities who are homeless or at risk of homelessness. CBCIL's HSHID will fill gaps between the streets, shelters and unstable housing to short-term affordable rental housing, connected to services and supports, with eventual access to permanent affordable supportive housing. During the term of this Agreement, CBCIL agrees to provide case management, supportive services and secure housing for persons with disabilities who are homeless in Corpus Christi, Texas through the following outcomes: 1. Hire and train one case manager and build program structure 2. Identify 15-20 individuals through outreach for housing and supportive assistance 3. Secure housing for at least eight individuals This is a Reimbursement Agreement. Once CBCIL has services to those in need, CBCIL may submit an Invoice or Request for Reimbursement to the Contract Administrator for this Agreement. The invoice or request for reimbursement should include documentation of the services provided and the expenses incurred by CBCIL. The invoice or request for reimbursement should also include a summary of the services provided to the homeless persons and the number of people served. CBCIL should also include demographic information on the homeless persons served, including but not limited to: age, gender, race, and ethnicity. No information covered by HIPPA is requested. Reimbursement requests can be sent via email to the City Contract Administrator at: jenniferb9@cctexas.com. EXHIBIT B INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence- aggregate or termination required on all certificates and policies. CRIME/EMPLOYEE DISHONESTY $100,000 Per Claims Made Contractor shall name the City of Corpus Christi, Texas as Loss Payee C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.4, Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty(30)calendar days advance written notice directly to City of any,cancellation,non-renewal, material change or termination in coverage and not less than ten (10)calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under-this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2021 Insurance Requirements Ins. Req. Exhibit Professional Services — Crime-Employee Dishonesty 10/26/2021 Risk Management— Legal Dept. EXHIBIT B INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence - aggregate or termination required on all certificates and policies. CRIME/EMPLOYEE DISHONESTY $100,000 Per Claims Made Contractor shall name the City of Corpus Christi, Texas as Loss Payee C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty(30)calendar days advance written notice directly to City of any, cancellation,non-renewal, material change or termination in coverage and not less than ten(10)calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2021 Insurance Requirements Ins. Req. Exhibit Professional Services— Crime-Employee Dishonesty 10/26/2021 Risk Management—Legal Dept. se F v AGENDA MEMORANDUM /NIORPORpI Ep First Reading Ordinance for February 22, 2022 1852 Second Reading Ordinance for March 08, 2022 DATE: January 11 , 2022 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond�cctexas.com (361) 826-3276 Easement Closure for RFW AG Limited CAPTION: Ordinance abandoning and vacating a 10-foot-wide by approximately 1272.50-feet long (12,725 sq. ft.) portion of an existing 10-foot-wide easement out of Lot 14-B, Section 21 , Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume 37, Page 164, Map Records of Nueces County, Texas, located at 6636 Yorktown Boulevard, Corpus Christi, Texas 78414, conditioned on the dedication of a replacement easement. SUMMARY: The purpose of this ordinance is to close/abandon and vacate a 10-foot-wide by approximately 1272.50 feet in length (12,725 sq. ft.) existing utility easement. This closure is in anticipation of a boundary line adjustment by re-plat of the said Lot 14-B and Lot 15-A, Section 21 , Flour Bluff and Encinal Farm and Garden Tracts (Vol. 50. Pg. 28) The total area of closure request is 0.292 Acres. Additional Utility Easement will be dedicated by plat as required during the plat process. The applicant proposes to develop an apartment complex. BACKGROUND AND FINDINGS: Urban Engineering, on behalf of RFW AG Limited is requesting the closure of a 10- foot-wide by approximately 1272.50-feet long (12,725 sq. ft.) portion of an existing 10-foot-wide easement out of Lot 14-B, Section 21 , Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume 37, Page 164, Map Records of Nueces County, Texas, located at 6636 Yorktown Boulevard, Corpus Christi, Texas 78414. AEP has verified that this easement closure will require relocation of powerlines that are located on the existing property line. There are no other objections to the easement closure request after informing all public and franchised utilities in the area. The applicant requesting the utility easement closure has paid the required $1054.00 application fee plus a 4.5% administrative fee, and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. ALTERNATIVES: Deny the applicant's request and have the applicant redesign the project. FINANCIAL IMPACT: There are no financial impacts associated with the closing of the easement. FUNDING DETAIL: N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff supports the applicant's request for the easement closure. The closure of the easement will support a future apartment complex. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Presentation Ordinance abandoning and vacating a 10-Foot-wide by approximately 1272.50 feet long (12,725 sq. ft.) portion of an existing 10-Foot-wide easement out of Lot 14-B, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume 37, Page 164, Map Records of Nueces County, Texas, located at 6636 Yorktown Boulevard, Corpus Christi, Texas 78414, conditioned on the dedication of a replacement easement WHEREAS, RFW AG Limited (Owner) is requesting the closure, abandonment and vacating of a 10-Foot-wide by approximately 1272.50 feet long (12,725 sq. ft.) portion of an existing 10-Foot-wide easement out of Lot 14-B, Section 21 , Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume 37, Page 164, Map Records of Nueces County, Texas, and WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi to abandon and vacate the 1272.50 Foot easement portion, subject compliance by the Owner with the conditions specified in the ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 . Pursuant to Corpus Christi Code Sec. 49.13, an existing 10-Foot-wide by approximately 1272.50 feet long (12725 sq. ft.) portion of an existing 10-Foot-wide easement out of Lot 14-B, Section 21 , Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume 37, Page 164, Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owner's compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. The maintenance responsibilities for the vacated easement reverts to the Owner of the property. SECTION 2. The abandonment and vacating of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of public easement closures must be recorded at the Owner's expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. Dedication of a 15' wide utility easement via plat or separate instrument to replace the abandoned easement. c. Relocation of current power lines on the easement subject to abandonment to the dedicated replacement easement. d. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, 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 2022, 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 , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor URBAN ENGINEERING lob No.:43547.C1.06 November 18,2021; Exhibit A 0.292 Acre Easement Closure STATE OF TEXAS COUNTY OF NUECES FIELDNOTES,for a 0.292 Acre,Easement Closure,(not based on an on-the-ground survey)being out of Lot 14-B, Section 21,Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume 37, Page 164, Map Records of Nueces County, Texas; said 0.292 Acre, Easement Closure being described by metes and bounds as follows; Beginning,at a point on the Northwest Right-of-Way line of Yorktown Boulevard,a public roadway,being the West corner of the said Lot 14-B,for the Point of Beginning; Thence,North 29°00'00"East, at 20.00 Feet pass,the South corner of Lot 15-A, Section 21,Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume 50,Page 28,said Map Records,in all a distance of 1272.50 Feet,to a point on the Southeast line of an existing 7.5 Wide Utility Easement, as shown on the recorded plat of the said Lot 14-B,for the North corner of this Easement Closure; Thence,South 61'00'00"East,with the said Southeast line,a distance of 10.00 Feet,for the East corner of this Easement Closure; Thence,South 29°00'00"West,a distance of 1272.50 Feet,to a point on the said Northwest Right-of-Way line of Yorktown Boulevard,for the South corner of this Easement Closure; Thence, North 61°00'00" West, with the said Northwest Right-of-Way line of Yorktown Boulevard, a distance of 10.00 Feet,to the Point of Beginning, containing 0.292 Acre(12,725 Sq.Ft)of Land,more or less. Bearings are based on the recorded plat of Lot 14-B, Section 21,Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume 37,Page 164,Map Records of Nueces County,Texas. Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form,, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. OF q'��:• i• * URBAN ENGINEERING •cr p'. DAN+LEE iUP�AN '• �. 4710. � •°� 55�q ° �� Dan L.Urban,R.P.L.S. StJRy License No. 4710 S:\Surveying\43517\C100E-Plat-Zoning\OFFICE\METES AND BOUNDS\43517C100-EasementClosure.doex Page 1 of 1 OFFICE:(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145 •TBPLS Firm#10032400 F/o Fo c�/Se Cf Orf 0 �cres 4r,90/,0"0/�j,0"0 Cres Reo rds/ q0, 0 27weso�`f7 v (pwn 0 N<O�?�)rXQrLIe/es ooro 4/ oQ` Z. -qpy0/' ,f o o a,�2STON tO°Q�O�CD0zsopos e /< wn ( o � . s ( � p0nOnnp' g , ps/ Hpe Ce�C�° moi.ti l*"e!✓6"' oNO p009 % M22" i, p D �:cr , 000- pOnT01Z., s2/pO Ck %' ZsqXP. le, . 0 0 p924s/i4 ?RN aeaT�nfe egtJ tJ �O�° pa P \ ^ pna,'.'CP lore o a°y o Q O o 00 0 orya \ \ sr i a 8, a C, .c'b� ry �oQoi' 3C vC J .Q Cb \ �C �o \ Utility Easement o, \ h / Closure \ 0.292 Acres e \ / Oen 127259f \ Qn\ Y C,, °c a / o Q C? V�O y .OC OC4°� a a°F lbc '�•JT / / ,� 60° N v° ^ry arc /ham o'Go / d o on ry ^ry o ° a / c ho=w c a Oi 11 oQ / �. / ^ a .off 3 0 °� a oa�a� o / m ° IZO / 00r Off^ J v 0 "Point"any off,°0° Beginning" o ase C� °Q 10�� b 2p•rR \ \�h \f, Sketch to Accompany FIELDNOTES for a 0.292 Acre, Easement Closure, (not based on an on—the—ground survey) being out of Lot 14—B, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume 37, Page 164, Map Records of Nueces County, Texas. Exhibit B DATE: Nov. 18, 2021 General Notes: uRIMN SCALE: 1"=200' 1. 0.292 Acre Tract is located within the JOB NO.: 43517.01.00 City limits of Corpus Christi, Texas and a ENGINEERING SHEET' 1 Of 2 subdivision based on this 75vE FlRN N0.115,=FRN NM 10032/00 sketch/description may be in violation of 2M01 35TM7.�.M01C0R°vwwu Na�iaco'°I0`i1 DRAWN BY: X9 the current City of Corpus Christi urbonsurveyl®urboneng.com subdivision ordinance. 02021 by Urban Engineering Exhibit B 9 0 � o o m a L N O N Z Eck ner O O m 0 ite L o > E C) Yorktown Boulevard o 4Du, ear T Dr. Nelo Long S Dr.DCalais �;L� P � oAvign n h 'D Bella ° °4 e�o5 o St De is °7 e�oG7 o Vµ� E Stampede Dr. 0 o So Grenoble S00 S°r e our oro s �o 0 �gop o n Nueces County, Texas u City orCorpus Chri's'ti M nk Location Map: N.T.S. DATE: Nov. 18, 2021 URBAN SCALE: 1"=200' ENGINENGINEERING JOB NO.: 43517.C1.00 .a o� E .I N G SHEET: 2 of 2 DRAWN BY: xg urbansurveyl®urbaneng.com 02021 by Urban Engineering ,M Vi Easement Closure For RFW AG Limited 6636 Yorktown Boulevard (being out of said Lot 14-B, Section 21, Flour Bluff and Encinal and Garden Tracts) City Council Presentation February 22, 2022 .sem: Vicinity Map v hIti ^N �kFL r` N REF k Easement Closure ® s a a .e 0.292 Acre Easement Closure �s Being out of Lot 14-B,Flour Bluff sy and Encinal Farm and Garden Tracts ogre LOCATION MAP Aerial Overview It a Red boundary line is the The area in easement closure orange will be requested by client the proposed new utility easement. p� t= Staff Recommendation LiY Approval The applicant requesting the utility easement closure has paid the required $1054 application fee and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. , ` 2 A. �O 4kMr � -41 V~ 0�\4, ti w C010 FFk / �• � �y w IL K R 4$ 0 500 1,000 Date Created:1/19/2022 FeetPrepared By:ReyR Department of Development-Services s Sh's O A'Q-9T° d 8 Q" G Q�, 4e�f�p yO<<•Y Easement Closure r° y a UZ Ria 0.292 Acre Easement Closure �, °N RST° y °� ��� Being out of Lot 14-B, Flour Bluff f A y°RkT°�N and Encinal Farm and Garden Tracts ! �° SUBJECT FM-2444 PROPERTY \ P� �g N W. s -- — y o Map Scale: 1:3,600 f ----- CitCorpus IL OCATION MAP Christi .mus c� �o o� a v AGENDA MEMORANDUM NCapp First Reading for the City Council Meeting of February 22, 2022 x852 Second Reading for the City Council Meeting of March 08, 2022 DATE: February 22, 2022 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 FAA Concessions Rent Relief Airport Rescue Grant relief funds under the American Rescue Plan Act ("ARP Act"), Public Law 117-2, Section 7102. Corpus Christi International Airport (CCIA) CAPTION: Ordinance appropriating Airport Grant #66 for $281,090.00 from the Federal Aviation Administration, pursuant to the American Rescue Plan Act ("ARPA"), to provide rent relief to eligible small and large in-terminal concessions in the amounts of $224,872.00 and $56,218.00, respectively, located at Corpus Christi International Airport; and amending the FY 2022 Operating Budget. Summary: This ordinance authorizes the appropriation of Airport Grant No. 66 for the amount$281,090 from the United States Federal Aviation Administration (FAA) American Rescue Plan Act ("ARP Act") Concessions Rent Relief Airport Rescue Grant Program for providing relief from rent and minimum annual guarantees (MAG) to each eligible in-terminal airport concession at Corpus Christi International Airport, in accordance with the American Rescue Plan Act("ARP Act"), Public Law 117-2, Section 7102. 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. FY 2022 Operating Budget must be amended as the grant will be applied to the Airports revenue account. This will assist City of Corpus Christi Aviation Department with expenditures for operating expenses, including relief from rent and minimum annual guarantees (MAG) for eligible airport concessions such as rental car companies at primary airports and for airport development- related costs associated with combating the spread of pathogens at the airport. ALTERNATIVES: Accepting this grant will allow the City of Corpus Christi Aviation Department to recover expenditures for operating expenses, including relief from rent and minimum annual guarantees (MAG) for eligible airport concessions at primary airports and for airport development-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. 66 for$281,090 through the Airport Grant Fund(s). FUNDING DETAIL: Funding details include: Fund: Airport Grant Fund (1055) Mission Element: 274 Projects: FAA Concessions Rent Relief Airport Rescue Account: 548500 Activity: 690066F Amount: $281,090 RECOMMENDATION: Staff recommends approval of this ordinance to appropriate grant totaling $281,090. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Letter and Agreement Ordinance appropriating Airport Grant #66 for$281,090.00 from the Federal Aviation Administration, pursuant to the American Rescue Plan Act ("ARPA"), to provide rent relief to eligible small and large in-terminal concessions in the amounts of $224,872.00 and $56,218.00, respectively, located at Corpus Christi International Airport; and amending the FY 2022 Operating Budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Funding in the amount of$281,090.00 for Federal Aviation Administration ("FAA") Grant No. 3-48-0051-066-2022 is appropriated in the No. 1055 Airport Grants Fund. The grant funds from the FAA, pursuant to the American Rescue Plan Act ("ARPA"), provide relief from rent and minimum annual guarantee obligations for eligible small and large in-terminal concessions in the amounts of$224,872.00 and $56,281.00, respectively, located at the Corpus Christi International Airport in order to mitigate effects stemming from the COV!D-19 pandemic, as detailed under ARPA. Section 2. The FY2021-2022 Operating Budget, adopted by Ordinance No. 032539, is amended to increase both revenues and expenditures by $281,090.00. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2022, 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 , 2022, 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 , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 3-48-0051-066-2022 f eww U.S.Department of Transportation Federal Aviation Administration CONCESSIONS RENT RELIEF AIRPORT RESCUE GRANT AGREEMENT Part I -Offer Federal Award Offer Date January 26,2022 Airport/Planning Area Corpus Christi International Airport,Texas Concessions Rent Relief Airport Rescue Grant 3-48-0051-066-2022 Number Unique Entity Identifier 782001259 TO: City of Corpus Christi,Texas (herein called the"Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS,the Sponsor has submitted to the FAA a Concessions Rent Relief Airport Rescue Grant Application dated July 1, 2022,for a grant of Federal funds to reimburse the Sponsor for providing relief from rent and minimum annual guarantees (MAG)to each eligible in-terminal airport concession at Corpus Christi International Airport, in accordance with the American Rescue Plan Act ("ARP Act"), Public Law 117-2,Section 7102; WHEREAS,the Sponsor has accepted the terms of this Concessions Rent Relief Airport Rescue Grant Offer(the "Offer"); WHEREAS, in consideration of the promises, representations, and assurances provided by the Sponsor, the FAA has approved the Grant Application for the Corpus Christi International Airport, consisting of the following: WHEREAS,this Concessions Rent Relief Airport Rescue Grant Agreement(the "Grant" or"Agreement") is provided in accordance with the ARP Act to provide certain amounts of grant assistance, as described below,to eligible sponsors in amounts to specific airports derived by legislative formula (See Section 7102 of the Act); 3 3-48-0051-066-2022 WHEREAS,this Grant hereby obligates$224,872 to in-terminal Small Airport Concessions per the ARP Act, and $56,218 to in-terminal Large Airport Concessions per the ARP Act.The obligations are to provide relief from rent and MAG obligations, as applicable,to each eligible in-terminal airport concession in an amount that reflects each eligible in-terminal airport concession's proportional share of the total amount of the rent and MAG at Corpus Christi International Airport by legislatively prescribed category(Small or Large Airport Concession), as further defined herein,for relief provided no earlier than March 11, 2021, in accordance with an FAA-approved Concessions Rent Relief Airport Rescue Plan (herein called "the Plan"), until the funds have been fully expended; NOW THEREFORE, in accordance with the applicable provisions of the ARP Act, Public Law 117-2, Section 7102, the representations contained in the Concessions Rent Relief Airport Rescue Grant Application, and in consideration of, (a)the Sponsor's acceptance of this Offer for a Grant,the terms, conditions, and assurances of this Grant Agreement ("Grant Agreement" or"Agreement"); and, (b)the benefits to accrue to the United States and the public from the accomplishment of the Grant,and in compliance with the conditions and requirements as herein provided. THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 100%of the allowable concessions rent and MAG relief as a result of and in accordance with this Grant Agreement. Assistance Listings Number(Formerly CFDA Number): 20.106 This offer is made on and SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is $281,090, allocated as follows: $56,218 ARPA Large Concessions KY2022 $224,872 ARPA Small Concessions KZ2022 2. Grant Performance.This Grant Agreement is subject to the following Federal award requirements: a. The Period of Performance: 1. Shall start on the date the Sponsor formally accepts this Grant and is the date signed by the last Sponsor signatory to the Grant Agreement.The end date of the Period of Performance is 4 years (1,460 calendar days)from the date of acceptance.The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date,which may include one or more funded portions, or budget periods. (2 Code of Federal Regulations (CFR) § 200.1) b. The Budget Period: 4 3-48-0051-066-2022 1. The Budget Period for this Grant is 4 years (1,460 calendar days). Pursuant to 2 CFR § 200.403(h),the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period. 2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to§ 200.308. c. Closeout and Termination. 1. Unless the FAA authorizes a written extension,the Sponsor must submit all Grant closeout documentation and liquidate (payoff) all obligations incurred under this award no later than 120 calendar days after the end date of the Period of Performance. If the Sponsor does not submit all required closeout documentation within this time period,the FAA will proceed to close out the Grant within one year of the Period of Performance end date with the information available at the end of 120 days. (2 CFR § 200.344) 2. The FAA may terminate this Grant, in whole or in part, in accordance with the conditions set forth in 2 CFR§ 200.340 or other Federal regulatory or statutory authorities as applicable. 3. Unallowable Reimbursable Rent Relief.The Sponsor shall not seek reimbursement for any concessions rent and MAG relief that the FAA has determined to be unallowable under the ARP Act. 4. Final Federal Share of Reimbursable Rent Relief.The United States' share of allowable Grant concessions rent relief is 100%. 5. Completing the Grant without Delay and in Conformance with Requirements. The Sponsor must carry out and provide the concessions rent and MAG relief without undue delays and in accordance with this Grant Agreement,the ARP Act, and the regulations, policies, standards,and procedures of the Secretary of Transportation ("Secretary'). Pursuant to 2 CFR § 200.308,the Sponsor agrees to report to the FAA any disengagement from the project eligible under the Grant that exceeds three months or a 25% reduction in time devoted to the Grant, and request prior approval from FAA.The report must include a reason for the stoppage. The Sponsor agrees to comply with the attached assurances,which are part of this Agreement and any addendum that may be attached hereto at a later date by mutual consent. 6. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 7. Offer Expiration Date.This Offer will expire and the United States will not be obligated to pay any part of the costs unless this Offer has been accepted by the Sponsor on or before February 28, 2022, or such subsequent date as may be prescribed in writing by the FAA. 8. Improper Use of Federal Funds.The Sponsor must take all steps, including litigation if necessary,to recover Federal funds spent fraudulently,wastefully,or in violation of Federal antitrust statutes,or misused in any other manner, including uses that violate this brant Agreement,the ARP Act, or other provision of applicable law. For the purposes of this Grant Agreement,the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement(s).The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment,to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or 5 3-48-0051-066-2022 other efforts taken to recover such funds.All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 9. United States Not Liable for Damage or Injury.The United States is not responsible or liable for damage to property or injury to persons that may arise from,or relate to,this Grant Agreement, including, but not limited to, any action taken by a Sponsor related to or arising from, directly or indirectly,this Grant Agreement. 10. System for Award Management(SAM) Registration and Unique Entity Identifier(UEI). a. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110,the Sponsor must maintain the currency of its information in SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment,whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.pov). b. Unique entity identifier(UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit, or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/SAM/pages/public/index.isf. 11. Electronic Grant Payment(s). Unless otherwise directed by the FAA,the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 12. Air and Water Quality.The Sponsor is required to comply with all applicable air and water quality standards for all concessions rent and MAG relief provided under this Grant. If the Sponsor fails to comply with this requirement,the FAA may suspend, cancel, or terminate this Grant Agreement. 13. Financial Reporting and Payment Requirements.The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 14. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 United States Code (U.S.C.) § 50101,the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this grant.The Sponsor will include a provision implementing Buy American in every contract. 15. Audits for Sponsors. PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200.The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at hitP://harvester.census.gov/facwet)l. upon request of the FAA,the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $750,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials,State, and Government Accountability Office.The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements. 6 3-48-0051-066-2022 16. Suspension or Debarment.When entering into a "covered transaction" as defined by 2 CFR § 180.200,the Sponsor must: a. Verify the non-Federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management(SAM)to determine if the non-Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-Federal entity attesting the entity is not excluded or disqualified from participating;or 3. Adding a clause or condition to covered transactions attesting the individual or firm is not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR§ 180.330 when entering into lower-tier transactions (e.g.,subcontracts). c. Immediately disclose to the FAA whenever the Sponsor(1) learns the Sponsor has entered into a covered transaction with an ineligible entity,or(2)suspends or debars a contractor, person, or entity. 17. Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009,and DOT Order 3902.10,Text Messaging While Driving, December 30, 2009,the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while driving when performing any work for, or on behalf of,the Federal government, including work relating to this Grant or subgrant funded by this Grant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: A. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and B. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded by this Grant. 18. Trafficking in Persons. a. You as the recipient,your employees, subrecipients under this Grant, and subrecipients' employees may not— 1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; 2. Procure a commercial sex act during the period of time that the award is in effect; or 3. Use forced labor in the performance of the award or subawards under this Grant. 7 3-48-0051-066-2022 b. The FAA as the Federal awarding agency may unilaterally terminate this award,without penalty, if you or a subrecipient that is a private entity– 1. Is determined to have violated a prohibition in paragraph a. of this condition; or 2. Has an employee who is determined by the agency official authorized to terminate the Grant Agreement to have violated a prohibition in paragraph a. of this condition through conduct that is either– A. Associated with performance under this Grant Agreement; or B. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),"as implemented by the FAA at 2 CFR Part 1200. c. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a. of this condition during this Grant Agreement. d. Our right to terminate unilaterally that is described in paragraph a. of this condition: 1. Implements section 106(8) of the Trafficking Victims Protection Act of 2000,as amended (22 U.S.C. § 7104(g)), and 2. Is in addition to all other remedies for noncompliance that are available to the FAA under this Grant Agreement. 19. Employee Protection from Reprisal. a. Prohibition of Reprisals — 1. In accordance with 41 U.S.C. §4712,an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph a2. of this condition, information that the employee reasonably believes is evidence of: a. Gross mismanagement of a Federal grant; b. Gross waste of Federal funds; c. An abuse of authority relating to implementation or use of Federal funds; d. A substantial and specific danger to public health or safety;or e. A violation of law, rule,or regulation related to a Federal grant. 2. Persons and bodies covered:The persons and bodies to which a disclosure by an employee is covered are as follows: a. A member of Congress or a representative of a committee of Congress; b An Inspector General; c. The Government Accountability Office; d. A Federal employee responsible for oversight or management of a grant program at the relevant agency; e. A court or grand jury; f. A management official or other employee of the Sponsor, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct; or 8 3-48-0051-066-2022 g. An authorized official of the Department of Justice or other law enforcement agency. 3. Submission of Complaint—A person who believes that they have been subjected to a reprisal prohibited by paragraph a. of this section may submit a complaint regarding the reprisal to the Office of Inspector General (OIG)for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint— A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General — Actions, limitations, and exceptions of the Inspector General's office are established under 41 U.S.C. §4712(b). 6. Assumption of Rights to Civil Remedy— Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General,the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. §4712(c). 20. Limitations. Nothing provided 'herein shaii be construed to limit, cancel, annul, or modify the terms of any Federal grant agreement(s), including all terms and assurances related thereto,that have been entered into by the Sponsor and the FAA prior to the date of this Grant Agreement. 21. Face Coverings Policy.The Sponsor agrees to implement a face-covering (mask) policy to combat the spread of pathogens.This policy must include a requirement that all persons wear a mask, in accordance with Centers for Disease Control (CDC)and Transportation Security Administration (TSA) requirements, as applicable, at all times while in all public areas of the airport property, except to the extent exempted under those requirements.This special condition requires the Sponsor continue to require masks until Executive Order 13998, Promoting COVID-19 Safety in Domestic and International Travel is no longer effective. 22. Small and Large Concessions Rent Relief Set-Asides.The Sponsor agrees that funds under this Grant are available for the Sponsor to provide relief from rent and MAG to eligible in-terminal Small Airport Concessions, per the Act, in the amount listed in condition 1 above, and for the Sponsor to provide relief from rent and MAG to eligible in-terminal Large Airport Concessions, per the Act, in the amount listed in condition 1 above.The Sponsor shall provide relief from rent and MAG from March 11, 2021, until the Sponsor has provided relief equaling the total grant amount, to the extent practicable and to the extent permissible under State laws, local laws, and applicable trust indentures. 23. Concessions Rent Relief Airport Rescue Plan.The Sponsor agrees to submit to the FAA a Concessions Rent Relief Airport Rescue Plan ("the Plan") identifying the in-terminal Small and Large Airport Concessions, as defined in 49 CFR§ 23.3, eligible to receive proportional funding under this Grant, in accordance with the ARP Act.The Sponsor agrees that the FAA will reimburse the Sponsor after the FAA accepts the Plan submitted by the Sponsor.The Sponsor agrees the Plan will include all elements as prescribed by the FAA to facilitate review of reimbursement payments that comply with the ARP Act. 24. Small Airport Concessions Rent Relief Set-Aside.The Sponsor's Plan must specify relief from rent and MAG obligations to eligible in-terminal Small Airport Concession, meaning a small concession business with gross receipts, averaged over the previous three fiscal years,of less than $56,420,000; or joint ventures as defined in 49 CFR§ 23.3.The Sponsor agrees that relief provided to eligible in- terminal Small Airport Concessions will be a proportional share based on rent and MAG collected during a baseline time-period. 9 3-48-0051-066-2022 25. Large Airport Concessions Rent Relief Set-Aside.The Sponsor's Plan must specify relief from rent and MAG obligations to eligible in-terminal Large Airport Concessions, meaning a concession as defined in 49 CFR§ 23.3,that has gross receipts, averaged over the previous three fiscal years,of more than $56,420,000. The Sponsor agrees that relief provided to eligible in-terminal Large Airport Concessions will be a proportional share based on rent and MAG collected during a baseline time- period. 26. Adjustments to Proportionality among Airport Concessions. a. Adjustments to Proportionality among Airport Concessions Set-Aside. The Sponsor agrees that the FAA may approve reimbursement under the Act for rent and MAG relief provided to eligible in-terminal Airport Concessions on a proportional share based on rent and MAG collected during a baseline time-period. Adjustments from this proportionality amongst Airport Concessions within a respective Small or Large Concession Set-Aside are limited; must be supported by evidence and specific circumstances; and must be approved by the FAA prior to reimbursement. The Sponsor agrees the Plan will include all elements as prescribed by the FAA to facilitate review of reimbursement payments that comply with the ARP Act. b. Adjustments between Small and Large Concession Set-Asides.The Sponsor agrees that the FAA may approve reimbursement under the Act for concessions rent and MAG relief provided to eligible in-terminal Airport Concessions on a proportional share based on rent and MAG collected during a baseline time-period. Adjustments from this proportionality between Small and Large Concession Set-Asides are limited, must be supported by evidence and specific circumstances,and must be approved by the FAA prior to reimbursement.The Sponsor agrees the Plan will include all elements as prescribed by the FAA to facilitate review of reimbursement payments that comply with ARP Act. 27. Sponsor Certification of Reimbursement Request.To be reimbursed,the Sponsor shall provide the FAA with the Plan,and reporting data as requested, in lieu of invoices, and shall certify all information submitted is true and correct.The Sponsor may not use funds allocated herein for other airport purposes. 28. Concession's Certification of Relief Funds. Each airport concession to be provided relief with Grant funds shall certify to the Sponsor, prior to the Sponsor submitting a Plan, it has not and will not apply for other Federal assistance for the purpose of receiving rent and MAG relief on or after March 11, 2021. 10 3-48-0051-066-2022 The Sponsor's acceptance of this Offer and ratification and adoption of the Grant Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and acceptance shall comprise a Grant, as provided by the ARP Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the purpose of the ARP Act and compliance with the conditions as provided herein. Further,this Grant, inclusive of all terms, conditions, and assurances provided there, and become effective upon the Sponsor's acceptance of this Offer. Please read the following information: By signing this document,you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications,to receive notices and disclosures electronically,and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so,you may request to receive paper copies and withdraw your consent at any time. Dated January 26,2022 UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Je Carrige n 26,2022 03:18 CST) (Signature) Jesse Carriger (Typed Name) Manager,Texas ADO (Title of FAA Official) 11 3-48-0051-066-2022 Part II -Acceptance The Sponsor does hereby ratify and adopt all assurances,statements, representations,warranties, covenants, and agreements contained in the Grant Application and incorporated materials referred to in the foregoing Offer under Part I of this Grant Agreement, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Grant Application and all applicable terms and conditions provided for in the ARP Act and other applicable provisions of Federal law. Please read the following information: By signing this document,you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications,to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so,you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct. 1 Dated January 28,2022 City of Corpus Christi,Texas (Name of Sponsor) c�t�l�2 VG�GZ Steve Viera(Jan 28,2022 16:39 CST) (Signature of Sponsor's Designative Oficial/Representative) By: Steve Viera (Type Name of Sponsor's Designative Official/Representative) Title: Assistant City Manager (Title of Sponsor's Designative Official/Representative) 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment,or both. 12 3-48-0051-066-2022 CERTIFICATE OF SPONSOR'S ATTORNEY I, Elizabeth Hundley , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Texas . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the ARP Act.The Sponsor understands funding made available underthis Grant Agreement may only be used for concessions and MAG Relief. Further, it is my opinion the foregoing Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document,you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications,to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so,you may request to receive paper copies and withdraw your consent at any time. Dated at January 31,2022 By: Elizabeth Hundley(Jan 31,2022 A:12 CST) (Signature of Sponsor's Attorney) 13 so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting of March 8, 2022 1852 Second Reading Ordinance for the City Council Meeting of March 22, 2022 DATE: March 8, 2022 TO: Peter Zanoni, City Manager FROM: Dante Gonzalez, Interim Director of Parks and Recreation Department DanteG(a-)-cctexas.com (361) 826-3133 THRU: Andrea Gardner, Assistant City Manager And reaGa(a-)-cctexas.com (361) 826-3506 Cole Park Pier Ordinance Amendment CAPTION: Ordinance amending Section 36-10 of the City's Code of Ordinances to clarify the curfew applicable to Cole Park Plaza and confirm that fishing on the Cole Park Pier is allowed at all times. SUMMARY: This ordinance provides amended language to Chapter 36, Article I, Sec. 36-10, including Cole Park Plaza and Cole Park Pier, regarding access to Cole Park Pier and the parking lot at Cole Park being limited to individuals that are fishing between the hours of 10:00 p.m. and 6:00 a.m. BACKGROUND AND FINDINGS: With the addition of a new Cole Park amenity - Cole Park Plaza, Parks and Recreation, in collaboration with the Corpus Christi Police Department, reviewed and is requesting to amend section 36-10, "Curfew; alcoholic beverages" of the City's Code of Ordinances. This ordinance was last amended in 2010. This amendment revises the language in the ordinance to include Cole Park Plaza as part of the park, thus adhering to the regular park operating hours. This clarification will ensure Cole Park Pier will continue to remain open for fishing at all hours and specify that the parking lot may be used to access the pier after Cole Park and Cole Park Plaza's closing hours. The parking lot will be open from 10:00 p.m. to 6:00 a.m. to individuals who are engaged in fishing at the pier. ALTERNATIVES: An alternative is to keep the original language and deny the ordinance amendment to Section 36- 10 of the City's Code or Ordinances. The amendment is intended to clarify that the Plaza and Pier are two separate park amenities which have different hours in which they are open to the public. FISCAL IMPACT: There is no Fiscal Impact for this item. RECOMMENDATION: Staff recommends the City Council approve the ordinance amending Section 36-10 as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending Section 36-10 of the City's Code of Ordinances to clarify the curfew applicable to Cole Park Plaza and confirm that fishing on the Cole Park Pier is allowed at all times. WHEREAS, on December 17, 2021 , the City opened the new Cole Park Pier and Plaza, which allows City residents to fish and enjoy the view of the Bay; and WHEREAS, the City wishes to amend the park curfew ordinance to clarify when the Cole Park Pier and Plaza are open for fishing and for other purposes; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi is amended by amending Chapter 36, Article I, Sec. 36-10 "Curfew; alcoholic beverages" by adding the underlined language and removing the +rl I,.U_+hre-Ug h Iannl 17no to read as follows: Sec. 36-10. - Curfew; alcoholic beverages. (a) Except in a city park on the Gulf of Mexico Beach, no person shall possess any alcoholic beverages in any city park or the parking lots connected therewith or adjacent thereto; however, it shall be a defense to prosecution that the person has or is acting under the terms of a lease, agreement or permit with the city or that the person is transporting closed containers across the L-Heads or T-Heads to a boat. (b) Between the hours of 10:00 p.m. and 6:00 a.m., no person shall enter or be present in any city park or parking lots connected therewith or adjacent thereto, including Cole Park and the Cole Park Plaza and the Cole Park Pier, but excluding all other bayfront parks, the Bayfront Arts and Science Park, Barge Dock, Peoples Street T-Head, Lawrence Street T-Head, the L-Head, or any city park on the Gulf of Mexico Beach; and excluding a person permitted by ordinance to camp in particular city parks, a city employee in performance of the employee's duties, and a person permitted to engage in leisure and recreational activities 4n4e by the director of the parks and recreation department; and also excluding use of the Cole Park Pier in accordance with subsection (b)(1) below. norcnn fichinn o++ho (' �rL fichinn nr+hot the norcnn is ovomn+ from +ham+ linonco ronl liromon+ Cole Park Curfew: A person may not enter or be present in Cole Park, including the Cole Park Plaza and the Cole Park Pier, between the hours of 10:00 p.m. and 6:00 a.m., except as necessary to allow a person to fish at the Cole Park Pier at any time of day or night with proof that the person has a valid Texas Parks and Wildlife fishing license or that the person is exempt from that license requirement. No person may enter or be present in the parking lot at Cole Park between the hours of 10:00 p.m. and 6:00 a.m. except in the parking lot closest to the Cole Park Pier as necessary to access the Cole Park Pier for purposes of fishing as allowed by this subsection. (c) Between the hours of 2:00 a.m. and 6:00 a.m., no person, except as specifically permitted by an ordinance permitting camping in particular city parks, and except fora city employee in performance of the employee's duties, shall enter or be present in any city bayfront park or parking lots connected therewith or adjacent thereto, excluding Cole Park, Corpus Christi Beach Park, Dolphin Park, Surfside Park, the Bayfront Arts and Science Park, Barge Dock, Peoples Street T- Head, Lawrence Street T-Head, and the L-Head. (d) Between midnight and 5:00 a.m., no person may enter or be present in Corpus Christi Beach Park, Dolphin Park, or Surfside Park, or on the following portions of the beach located on land leased from the Texas General Land Office, known as "Corpus Christi Beach" or"North Beach," including any adjacent portions of the Corpus Christi Beach Beachwalk and adjacent parking lots: BEING a tract of land containing 18 acres of land more of less out of a portion of Corpus Christi Beach, located in Corpus Christi, Nueces County, Texas. This 18 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point at the southerly corner of Block A of the Brooklyn Addition as recorded in Volume 23, Page 14 of the Map Records of Nueces County, Texas; THENCE N32°E along the southeasterly boundary line of said Block B and Blocks 18 - 23 and Block 385 of said Brooklyn Addition as recorded in Volume A, Page 32 of the Map Records of Nueces County, Texas, a distance of 2,850'to a point on the southerly corner of Block 387 of said Brooklyn Addition, being northwest corner of this tract; THENCE southeasterly parallel to the existing jetty, a distance of 400' more or less to a point, which is on the extension of the low water line to the south, being the northeast corner of this tract; THENCE southwesterly meandering with said low water line, a distance of 2,870' more or less to a point on the southeasterly extension of said Block A, being southeast corner of this tract; THENCE N58°W crossing Corpus Christi Beach a distance of 190' more or less to the point and place of beginning and containing 18 Acres of land more or less. Bearing is with reference to plat of the Brooklyn Addition recorded in Volume A, Page 32 of the Map Records of Nueces County, Texas. (e) The portion of beach that is restricted by the curfew in subsection (d) must be clearly marked with signs advising that the beach is closed between midnight and 5:00 a.m. The signs must be posted at the northern and southern limits of the restricted beach and at the point where each city street intersects with the beach. (f) The following parks must be clearly marked with signs advising the hours during which a curfew applicable to the park is in effect: (1) Corpus Christi Beach Park. (2) Dolphin Park. (3) Surfside Park. (g) The restrictions in subsection (d) of this section do not apply to a city employee in performance of the employee's duties, a person permitted to engage in leisure and recreational activities who has been issued a permit for the activities at those hours by the director of parks and recreation department. (Ord. No. 17051 , § 1 , 5-26-1982; Ord. No. 18814, § 1 , 4-30-1985; Ord. No. 19364, § 1 , 6- 24-1986, Ord. No. 20448, § 1 , 9-6-1988; Ord. No. 20576, § 1 , 1-24-1989; Ord. No. 21231 , § 2, 9-3-1991 ; Ord. No. 21444, § 2, 7-28-1992; Ord. No. 24739, § 1 , 1-22-2002; Ord. No. 026506, § 1 , 10-11-2005; Ord. No. 028830, § 2, 11-9-2010) Editor's note— Formerly numbered § 36-11 . 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 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 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect upon official publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, 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 2022, 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 , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor SS\ FOR ACCAP Cs% V ' CORPUS r, ACCREDIrEU CHRISTI 's = PAM �hA RECRFAt�P Cole Park Pier Ordinance Amendment City Council ® March 8, 2022 Cole Park Pier Ordinance CHRISTI PARK56 Ordinance amending Chapter 36, Article I, Sec. 36-10 • The new Cole Park amenity- Cole Park Plaza, sparked collaboration with CCPD to amend Sec. 36-10 • The Amendment will clarify the language in the ordinance to indicate that Cole Park Plaza is part of the park and will be included in the regular park operating hours • The parking lot will be open from 10:00 p.m. to 6:00 a.m. to individuals engaged in fishing at the pier • No sleeping will be allowed on Cole Park Pier Cole Park, Plaza & Pier CHRISTI PARK56 c �o l O�pUS^�tiR r pp� k Plaza Pier & Parking Lot CHRISTI V14- PARK56 5 O�pUS^�tiR P Pier & Parking _- iesz" - �i i owe v 4Y r r q Plaza Pier & Parking Lot CHRISTI PARK56 r_. V 7 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 8, 2022 DATE: March 8, 2022 TO: Peter Zanoni, City Manager FROM: David Lehfeldt, Director of Solid Waste Services David L3(o)cctexas.com (361) 826-1966 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Purchase of an Onboard Scale System and Maintenance at JC Elliott Transfer Station CAPTION: Motion authorizing the purchase of eight truck/trailer mounted onboard scale systems and a two- year service agreement for maintenance at the JC Elliott Transfer Station for Solid Waste Services, with Iron Ram Services, LLC., of Corpus Christi, in an amount not to exceed $129,749.34, with FY 2022 funding from the General Fund. SUMMARY: This motion authorizes the purchase of eight onboard truck/trailer mounted scale systems for use in the existing JC Elliott Transfer Station waste hauling fleet. BACKGROUND AND FINDINGS: A "Transfer Station Operations Review" conducted by Burns & McDonnell in 2020 identified significant weight variances on the trucks hauling waste to the Cefe Valenzuela Landfill. Vehicles loaded in excess of manufacturer specifications, or over Texas Department of Transportation load limits, create a liability and may experience damage and increased maintenance downtime. Currently, the transfer station does not have the ability to weigh trucks as they are being loaded. These scales are a best management practice for loading operations that do utilize more conventional scale systems. Onboard scales will allow for maximum waste to be hauled on each trip, maximizing efficient and safe hauling operations. The scales are transferable to future units as fleet is replaced. PROCUREMENT DETAIL: Finance-Procurement conducted a competitive request for bid process to obtain bids for new long- term contract. Despite being open to other local vendors, the City only received one bid and is recommending the award to Iron Ram Services, LLC. This is a new onboard scale system and maintenance agreement for Solid Waste Services. Iron Ram Services, LLC has not had any previous agreements with the City of Corpus Christi. However, the group has also been contracted out by the City of Plano, Texas who uses similar trucks to the City of Corpus Christi. Staff research has found that the scale system has had good success in the City of Plano. ALTERNATIVES: Install two permanent scales in place at the loading bays, the cost to retrofit is prohibitive and has a negative impact on operations. FISCAL IMPACT: Funding was approved and is include in the FY 2022 annual operating budget. The onboard scale system will increase efficiency and reduce operational and maintenance costs. FUNDING DETAIL: Fund: 1020 Organization/Activity:12504 Mission Element: 033 Project # (CIP Only): n/a Account": 550040: RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of an onboard scale system and two-year service agreement with Iron Ram Services, LLC at JC Elliot Transfer Station as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation City of Corpus Christi Bid Tabulation Contracts and Procurement Department RFB No.3976 Buyer: Sandra Rodriguez Purchase of Software and Onboard Maintenance Scale System at JC Elliott Transfer Station Iron Ram Services,LLC Corpus Christi,TX ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 1 Onboard Scale System and Software as 1 LS $118,529.34 $118,529.34 Per Scope of Work 2 Inspection,Maintenance and 2 Years $1,800.00 $3,600.00 Calibration Services DESCRIPTION UNIT TY 2 YQMARK-UP% QTY-MARK-UP TOTAL 3 Parts/Materials Allowance EA $6,000 2707o $7,620.00 GRAND TOTAL $129,749.34 DocuSign Envelope ID:7E7BFOF8-F2ED-4F57-82C4-EOA3DC5141 FC �yV S C� G° a 0 H SERVICE AGREEMENT NO. 3976 U Onboard Scale System at JC Elliott Transfer Station yeanaonn!e 1852 THIS Onboard Scale System at JC Elliott Transfer Station Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Iron Ram Services, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Onboard Scale System at JC Elliott Transfer Station in response to Request for Bid/Proposal No. 3976 ("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 Onboard Scale System at JC Elliott Transfer Station ("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) The Term of this Agreement is two years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. 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 $129,749.34, subject to approved extensions and changes. Payment will be made Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:7E7BFOF8-F2ED-4F57-82C4-EOA3DC5141 FC 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 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: Name: Gabriel Maldonado Department: Solid Waste Operations Phone: 361-826-1986 Email: GabrielM3@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 Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:7E7BFOF8-F2ED-4F57-82C4-EOA3DC5141 FC 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. 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. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:7E7BFOF8-F2ED-4F57-82C4-EOA3DC5141 FC 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. 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: Gabriel Maldonado Title: Contracts Funds Administrator Address: 2525 Hygeia St., Corpus Christi, TX 78415 Phone: 361-826-1986 Fax: N/A IF TO CONTRACTOR: Iron Ram Services, LLC Attn: Ramiro Rodriguez Title: President Address: 8263 Leopard St., Corpus Christ, TX 78409 Phone: 361-241-2346 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:7E7BFOF8-F2ED-4F57-82C4-EOA3DC5141 FC Fax: 361-241-2347 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 October 29, 2021 DocuSign Envelope ID:7E7BFOF8-F2ED-4F57-82C4-EOA3DC5141 FC 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 October 29, 2021 DocuSign Envelope ID:7E7BFOF8-F2ED-4F57-82C4-EOA3DC5141 FC 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 October 29, 2021 DocuSign Envelope ID:7E7BFOF8-F2ED-4F57-82C4-EOA3DC5141 FC CONTRACTOR DocuSigned by: Signature: Printed Name: Ramiro Rodriguez Title: President Date: 2/7/2022 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - 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. 3976 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:7E7BFOF8-F2ED-4F57-82C4-EOA3DC5141 FC ATTACHMENT A: SCOPE OF WORK 1. General Requirements/Background Information The Contractor shall provide scale system as outlined in this Scope of Work. 2. Scope of Work The Contractor shall provide an Onboard Scale System, install and maintain its components per the specifications outlined in this Scope of Work for Solid Waste Operations. The scope of work provides a brand name (Vulcan Onboard Scale System and Software), only as the level of quality the City is requiring, but is not intended to restrict competition, nor in accepting an approved equal. ** Onboard Scale System should be equivalent or better than the attached Vulcan system, Exhibit A. The design and manufacture of the Onboard Scale System shall be one manufacturer as to maximize compatibility to eight tractor/trailer combinations and one "scoreboard" display to be utilize at loading chutes, for use in open top refuse transfer trailers. Purpose built for Jost 5th wheels and Reyco suspensions. a) Six tractors are Peterbilt 367 with adjustable Jost 5th wheels b) Two tractors are Western Star 4700SF with adjustable Jost 5th wheels c) Eight trailers have Reyco leaf spring suspensions d) One display in loading unit (frontend loader) on tipping floor e) One scoreboard display mounted on concrete wall f) Require unit that measures at trailer axle and 5th wheel to within +/- 1% of GVW R or better g) Tractors should have ability to mix and match trailers with a pigtail connection 3. Installation The Contractor shall install the Onboard Scale System and its components. The unit price includes all work necessary to complete the scope such as labor, supervision, equipment, and transportation. Page 1 of 3 DocuSign Envelope ID:7E7BFOF8-F2ED-4F57-82C4-EOA3DC5141 FC 4. Preventative Maintenance, Inspection, and Calibration Services A.The Contractor shall provide preventative maintenance, inspection, and calibration services as per manufacturer recommendation, local regulations and NIST H-44. B. The Contractor shall provide labor, equipment, supervision, and transportation necessary to perform the preventative maintenance, inspection, and calibration services. C.The Contractor shall be responsible for repairs or replacement of scale and its components due to lack of preventative maintenance. D.The Contractor shall provide calibration services as an when required by the Contract Administrator. E. The Contractor shall perform preventative maintenance, inspection, and Calibration services during normal hours, Monday through Friday between 8:00 am to 5:00 pm unless afterhours approved by Contract Administrator. S. Special Instructions Preventative Maintenance Tracking In order to properly install, operate, and maintain all new equipment for maximum reliability, minimum lifecycle costs, and maximum life; the City requires equipment vendors to provide the following sets of information for input into the City's Preventative Maintenance system (Maximo): 1 . Name plate data for each equipment package or package component as applicable. 2. Installation instructions, diagrams, and specifications including tolerances for items such as alignment, balancing, and running vibration. 3. Operation start, run, and stop instructions; operating ranges, operator monitoring parameters, and operator inspection instruction and schedule. 4. Planned Maintenance schedule, including time-based preventive, meter-based preventative, and predictive monitoring tasks. Job plans, logout-tagout instructions, and required parts lists should be included for all planned maintenance tasks. Page 2 of 3 DocuSign Envelope ID:7E7BFOF8-F2ED-4F57-82C4-EOA3DC5141 FC 5. Parts lists with quantities for all planned maintenance. Recommended spare parts list and quantity for breakdown maintenance. The City will provide formats and forms to submit the above information. 6. Warranty System should be robust enough for off-road use in landfill application and have a minimum 2-year warranty, serviced by local technician or shop. Site visits and questions about equipment should be directed to Philip Aldridge 361-826-4482. 7. Sample of Existing Equipment TRAILERS WITH REYCO SUSPENSIONS Parts required for use with Vulcan H32 split bushing modular center hanger mounting kits For trailers with Reyco suspensions, the following products will be required for each trailer to work with Vulcan H32 split bushing modular center hanger mounting kit (Hutch). These parts are not supplied by Vulcan: Qty. (2) Hutch 16353-01 Bolt Kit Qty. (2) Hutch 719-02 Radius Rod Bolt Qty. (2) Hutch 10562-00 Lock Nut Qty. (2) Hutch 17784-01 Cast Rocker Qty. (1) Hutch Adjustable Torque Arm (specify wheel base for part number required. Wheel base can range from 49" to 67") Page 3 of 3 DocuSign Envelope ID:7E7BFOF8-F2ED-4F57-82C4-EOA3DC5141FC ATTACHMENT B: BID AND PRICING SCHEDULE SC CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM 'OORTOR RE 1852 RFB No. 3976 Onboard Scale System at JC Elliott Transfer Station ii PAGE 1 Ofd Date: � I� ��` 77 _� � Authorized --� Bidder; �. f�Y1i\� S ��Ce>,�1�' 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. ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 1 Onboard Scale System and 1 LS 118,52 -S,` X1(6152,11 I Software as Per Scope of Work Inspection, Maintenance and 2 Calibration Services 2 YRS QTY QTY + MARK-UP DESCRIPTION UNIT 2 YRS %MARK-UP TOTAL 3 Parts/Materials Allowance EA $6,000.00 '/- "Zo -71 �° ' U�r GRAND TOTAL DocuSign Envelope ID:7E7BFOF8-F2ED-4F57-82C4-EOA3DC5141 FC ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE COMMERCIAL GENERAL LIABILITY including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form $1 ,000,000 Aggregate 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is not of this domiciled in Texas) Exhibit. Employers Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. Page 1 of 3 DocuSign Envelope ID:7E7BFOF8-F2ED-4F57-82C4-EOA3DC5141 FC B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. Page 2 of 3 DocuSign Envelope ID:7E7BFOF8-F2ED-4F57-82C4-EOA3DC5141 FC H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. BOND REQUIREMENTS: No bonds are required, therefore, Service Agreement 3976, Section 5 Insurance: Bonds subsection 5(B), is hereby void. 2021 Insurance Requirements Ins. Req. Exhibit 7-D IT Contracts - Hardware Installation 05/10/2021 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:7E7BFOF8-F2ED-4F57-82C4-EOA3DC5141 FC ATTACHMENT D: WARRANTY REQUIREMENTS System should be robust enough for off-road use in landfill application and have a minimum 2-year warranty, serviced by local technician or shop. Page 1 of 1 SERVICES Purchase of Onboard Scale System ONBOARD TRUCK MOUNTED SCALE SYSTEM BUDGET INITIATIVE Council Presentation - March 8, 2022 BACKGROUND Onboard scale systems would be installed on large tractor-trailer rigs that haul waste to the landfill • Ease of use and benefit • Driver and loader operator see the weight of the loaded trailer • Increase safety and eliminates variability in load weights • Reduces premature equipment failures • Scale System Components • Digital display in cab, as well as blue-tooth display on tipping floor • Load cells (weight sensing devices) on trailer body - rear of trailer • Load cells on 5th wheel connection - front of trailer • Transferable to future replacement units Digital Display J -j ■ : 3 Trailer Body Sensors F 51h Wheel Connection Sensors g 5 Solid Waste Services Questions? 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 8, 2022 DATE: March 8, 2022 TO: Peter Zanoni, City Manager FROM: Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Lease of Konica Minolta Copier for Print Shop CAPTION: Motion authorizing a five-year rental agreement for the lease of a Konica Minolta copier for the Print Shop, from UBEO, LLC, of Pharr Texas, through the SourceWell Cooperative, in an amount not to exceed $290,700.00, with the issuance of a notice to proceed, with FY 2022 funding in the amount of $38,760.00 available from the Stores Fund. SUMMARY: This motion authorizes a five-year rental agreement with UBEO, LLC for the lease of a Konica Minolta Copier for the Print Shop. BACKGROUND AND FINDINGS: In FY 2021 , the Procurement Division of Finance assumed operational control of the print shop from the Communications Department. Over the past year, Finance has evaluated the operations of the print shop and identified several areas for improvement. Included in the FY 2022 Budget was funding to add an enterprise all-in-one commercial grade printer. Currently, the print shop utilizes multiple consumer grade printers that are prone to issues due to their use. Adding this commercial grade printer will increase productivity and decrease overall downtime. PROCUREMENT DETAIL: This procurement is being facilitated through the Sourcewell Cooperative. Contracts awarded through the SourceWell Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. Purchases from the Sourcewell Cooperative are discounted 30%-54% from MSRP. ALTERNATIVES: The alternative would be for the Print Shop to continue to use the current printer, which does not have the capability of the Konica Minolta Copier. FISCAL IMPACT: The rental agreement is for a five-year term of $290,700.00 with FY 2022 funding in the amount of $38,760.00 through the Stores Fund and the remaining $251 ,940.00 available in future budget years. FUNDING DETAIL: Fund: 5010 Stores Organization/Activity: 40010 Print Shop Mission Element: 172 Communicate Information to public & workforce Project # (CIP Only): n/a Account: 530160 Rentals RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Rental Agreement Price Sheet Sergio A.Gomez South Texas Branch Sales Manager 361.947.2016 301 N. Mesquite Street Corpus Christi,TX 78401 City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 Attention: Minerva Alvarado February 22, 2022 Konica Minolta AccurioPress C4070 Digital Press printer Sourcewell Contract #083316-kon Item DescriptionCopies Month Cost Total price Lease of printer- Konica 1 Minolta AccurioPress C4070 60 $1,719.000 $103,140.00 Digital Press printer w/front facing trimmer 2 B/W Impressions 20,000 60 $0.009 $10,800.00 3 Color Impressions 70,000 60 $0.044 $184,800.00 TOTAL $298,740.00 Amendment This Amendment amends that certain agreement by and between UBEO, LLC ("Owner") and City of Corpus Christi ("Customer") which agreement is identified in the Owner's internal books and records as Agreement No. 1728785 (the "Agreement"). All capitalized terms used in this Amendment, which are not otherwise defined herein, shall have the meanings given to such terms in the Agreement. Owner and Customer have mutually agreed that the following modifications be made to the Agreement. 1. The Any written changes or cross-offs to the Agreement shall be disregarded, as Owner and Customer have agreed that all modifications needed to the Agreement shall be incorporated in this Amendment. 2. The following section is hereby added to the Agreement: "EARLY PREPAYMENT RIGHT. Notwithstanding anything else herein to the contrary, you may, upon thirty (30) days prior written notice, terminate this Agreement early if you pay to us all of the regularly scheduled monthly payments due, or to become due under the Agreement, plus our booked residual, plus any and all sales taxes, actual or estimated property taxes, excess per image charges, and any other miscellaneous amounts due and owing under the Agreement. Upon satisfaction of the criteria set forth in this paragraph, this Agreement shall terminate and your obligations under this Agreement will be deemed satisfied." 3. The sentence in section 2 entitled "Payment"which reads "Monthly payments will begin on the Commencement date," is hereby deleted and replaced with the following: "Monthly payments will begin on the Commencement Date." 4. The following sentence is hereby deleted from section 2 entitled"Payment": "If any payment is more than ten days late, the Customer agrees to pay a fee of up to 15% or $29 (whichever is greater)on the overdue amount, but not to exceed the maximum amount allowed by law." 5. The following sentence is hereby deleted from section 2 entitled "Payment": "At the end of the first year of this Agreement, and once each successive twelve-month period thereafter, Owner may increase the base payment and the Excess Per Image charges by an amount not to exceed 6% of the then current payment and charges." 6. The following sentence is hereby deleted from section 4 entitled "Term and Transition Billing": "Customer agrees to pay an interim base payment in the amount of 1130 of the monthly base payment, for each day from and including the Effective Date until the day preceding the Commencement Date." 7. The following sentence is hereby added to section 6 entitled "Taxes and Fees": "This is a net agreement." 8. The following sentences are hereby deleted from section 6 entitled"Taxes and Fees": "The Customer will indemnify Owner on an after-tax basis against the loss of any tax benefits anticipated at the Commencement Date arising out of the Customer's acts or omissions. Owner may charge Customer a reasonable fee to cover documentation and investigation costs." 9. Section 8 entitled "Collateral Protection, Liability and Insurance" is hereby deleted and replaced with the following.- "8. ollowing:"8. toss or Damage. The Customer is responsible for any damage to or loss of the System and any losses or injury caused by the System." CorpusChristi,Cityof.9 728785.Pp3.ev.2 PAGE 1 OF 3 10. The following sentences are hereby deleted from section 9 entitled"Indemnity": "Customer agrees to hold Owner harmless and reimburse Owner for loss and to defend Owner against any claim for losses or injury caused by the System. This indemnity obligation will continue after the termination of this Agreement if the loss or injury occurred during the term of the Agreement. The Customer agrees to reimburse Owner for and defend Owner against any claims, for losses or injuries caused by the System, unless such losses or injuries are caused by the gross negligence or willful misconduct of Owner." 11. The following sentence is hereby added to section 10 entitled"Maintenance and Care of Owner's System": "Customer is responsible for all Software Agreements and Owner is not a party to any such licensing but will include such software as part of the Agreement." 12. The sentence in section 12 entitled "Assignment" which reads "UBEO LLC will retain those obligations and Customer agrees that the rights of the assignee will not be subject to any claims, defenses or setoffs the customer may have against the Owner," is hereby deleted and replaced with the following: "UBEO LLC will retain those obligations and Customer agrees that the rights of the assignee will not be subject to any claims, defenses or setoffs the Customer may have against the Owner." 13. The sub-sentence in section 14 entitled "Default and Remedies"which reads "(ii) Customer breaches any other term of this Agreement or any other agreement with Owner or any material agreement with any other entity," is hereby deleted and replaced with the following: "(ii)Customer breaches any other term of this Agreement or any other agreement with Owner," 14. The following sentence is hereby deleted from section 14 entitled "Default and Remedies": "The Customer promises to pay Owner's reasonable attorney fees and any cost associated with enforcement of this Agreement." 15. The sentence in section 14 entitled "Default and Remedies"which reads "Customer also agrees to pay interest on all past due amounts, from the due date, at 1.5% per month," is hereby deleted and replaced with the following: "Customer also agrees to pay interest on all past due amounts, from the due date, at the statutory amount required pursuant to the Texas Prompt Payment Act." 16. The sentence in section 15 entitled "Business Agreement and Choice of Law" which reads "THE CUSTOMER AGREES THAT THIS AGREEMENT WILL BE GOVERNED UNDER THE APPLICABLE LAW OF THE STATE IN WHICH OWNER (OR, IF ASSIGNED BY OWNER, OWNER'S ASSIGNEE) MAINTAINS ITS PRINCIPAL OFFICES, AND ANY DISPUTE CONCERNING THIS AGREEMENT WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN SUCH STATE," is hereby deleted and replaced with the following: "THE CUSTOMER AGREES THAT THIS AGREEMENT WILL BE GOVERNED UNDER THE APPLICABLE LAW OF THE STATE IN WHICH CUSTOMER MAINTAINS ITS PRINCIPAL OFFICES, AND ANY DISPUTE CONCERNING THIS AGREEMENT WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN SUCH STATE." 17. The sentence in section 16 entitled "Renewal and Return of System"which reads "After the Minimum Term, as defined by the Agreement, and any written extension thereof, this Agreement will automatically renew on a twelve (12) month basis unless 1) the Customer notifies Owner in writing not less than 90 days prior to the expiration of the Minimum Term or extension of its intention to return the System and 2) the Customer returns the System as provided below," is hereby deleted and replaced with the following: "After the Minimum Term, as defined by the Agreement, and any written extension thereof, this Agreement will automatically renew month-to-month unless 1)the Customer notifies Owner in writing at Corpu sChrisli,C 40.1728785.P03.ev.2 PAGE 2 OF 3 least 30 days prior to the expiration of the Minimum Term or extension of its intention to return the System and 2)the Customer returns the System as provided below." 18. The following sentence is hereby deleted from section 16 entitled 'Renewal and Return of System": "Customer may not terminate this Agreement early without Owner's consent." 19. The following sentence is hereby deleted from section 20 entitled"Miscellaneous": "Within 30 days after Owner's request, Customer will deliver all requested information (including tax returns)which Owner deems reasonably necessary to determine Customer's current financial condition and faithful performance of the terms hereof." Except as specifically modified by this Amendment, all other terms and conditions of the Agreement remain in full force and effect. If, and to the extent there is a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control. A copy of this document containing your original or facsimile signature or other indication of your intent to agree to the terms set forth herein shall be enforceable for all purposes. This Amendment is not binding until accepted by Owner. UBEO, LLC Cit of Corpus Christi Owner � Customer By — 9 — By: X Signature Signature Print Name&Title Print(Name&Title Date Accepted: zr -Z-I-- Date: CorpusChristi.Cityol.1728785.PO3.ev.2 PAGE 3OF3 NON-APPROPRIATION ADDENDUM This is an addendum ("Addendum") to and part of that certain agreement between UBEO of South Texas (`eve", "us", `bur") and Corpus Christi, City of (,Governmental Entity", "You", "your"), which agreement is identified in our records as agreement number 1728785 ("Agreement"). All capitalized terms used in this Addendum which are not defined herein shall have the meanings given to such terms in the Agreement. APPLICABLE TO GOVERNMENTAL ENTITIES ONLY You hereby represent and warrant to us that as of the date of the Agreement: (a) the individual who executed the Agreement had full power and authority to execute the Agreement on your behalf, (b) all required procedures necessary to make the Agreement a legal and binding obligation against you have been followed; (c) the System will be operated and controlled by you and will be used for essential government purposes for the entire term of the Agreement; (d) that all payments due and payable for the current fiscal year are within the current budget and are within an available, unexhausted, and unencumbered appropriation; (e) you intend to pay all amounts payable under the terms of the Agreement when due, if funds are legally available to do so; (f) your obligations to remit amounts under the Agreement constitute a current expense and not a debt under applicable state law; (g) no provision of the Agreement constitutes a pledge of your tax or general revenues, and (h) you will comply with any applicable information reporting requirements of the tax code, which may include 8038-G or 8038-GC information Returns. If funds are not appropriated to pay amounts due under the Agreement for any future fiscal period, you shall have the right to return the System and terminate the Agreement on the last day of the fiscal period for which funds were available, without penalty or additional expense to you (other than the expense of returning the System to the location designated by us), provided that at least thirty (30) days prior to the start of the fiscal period for which funds were not appropriated, your Chief Executive Officer (or Legal Counsel) delivers to us a certificate (or opinion) certifying that (a) you are a state or a fully constituted political subdivision or agency of the state in which you are located; (b) funds have not been appropriated for the applicable fiscal period to pay amounts due under the Agreement; (c) such non-appropriation did not result from any act or failure to act by you; and (d) you have exhausted all funds legally available for the payment of amounts due under the Agreement. You agree that this paragraph shall only apply if, and to the extent that, state law precludes you from entering into the Agreement if the Agreement constitutes a multi-year unconditional payment obligation. If and to the extent that the items financed under the Agreement is/are software, the above-referenced certificate shall also include certification that the software is no longer being used by you as of the termination date. The undersigned, as a representative of the Governmental Entity, agrees that this Addendum is made a part of the Agreement. • r - As Stated Above X M7 SIGNATURE PRINT NAME&TITLE DATE SIGNATUREOUR UBEO of South Texas 30l,., �,0,4 jegz Cow z � zZ SIGNATURE PRINT NAME&TITLE DATE (9728785)VP07NAMC 0320 ubeo R u s I N L s s MANAGE RENTAL AGREEMENT ` Owner: UBEO,LLC CUSTOMER INFORMATION TO F,rY C+rs6mr3e0N ka„¢ Yt Pe.wn wglslm Slee irH�Daa-a2or Corpus Christi City of Minerva Alvarado e. TIk Ta e 1201 Leo and Street Sr.Buyer-Finance?Procurerr ewes ie.+awru., T.kp, e! rew— �� F361)828-3183 Fxv,ak) Car us Christi TX 78401 in�m.�.:.tam taberr:rm<„s„m,�l - MinervaA cctexas.cam EQUIPMENT •- • ,_„,� 4uantity Maka flim baser? Ion BrAcee.sod 1 1 Konica Minolta AC580111 AccurioPress 04070 ---------- 3; .,., _._ ......,..,. € -....,.. ... . .-E -,..,. i -. 7 -,.,..,.. - - .......... ...... - .... .,..,...... ... ... : _t - ..... $ 1 719,00 60 Monthlyrequency(QUARTERLY unless othemise ih6cated) QuarterlyPayment Frequency .......... I W Image Monthly Allowance 0Image $0.00900 —-_ 1Excess -... _ ._....... -- Color 0 .-_ $0.04400Excess Per Image Charge(Linear Feet) f _i . . _ Page/DID Charge i Supplies(toner and developer in colors,black,cyan,magenta and yellow)and waste toner botf[as are Included at no additional charge,unless otherwise indicated Throughput materials(paper stocks,staples,etc.)and toner and developer in colors clear,gold,silver,white,and fluorescent pink are NOT Included. BLACK Supplies Included LINO COLOR Supplies Included ❑NO nGREEseE.rr rumaea All amounts exclusive of applicable taxes I THIS AGREEMENT CANNOT BE TERMINATED EARLY. Sergio Gomez Additional Terms and Conditions on Second Page,oerer Agreed Upon Addendum(s)include: A B 0 Merlin❑Fax❑e-Mail During the term of M Agreement.Owner may substitute anwor change the lads and equipment that it uses n proyidkv the images and other solutions being provided to Customer.In these siftwuons,owner wit evain the changes to Customer and Customer will sign an updated schedule ineorporaling the changes to the equipment and related producls n the Custorners possession andtor being used to provide the mlubon.In addition,f customer's needs andlor die avaaable tectxtdogy changes dramatically,either party may inflate dacussions to hi*e this Agreement provided that any such change must be mutual reed to in a new behalf of both Customer and t?vner. �'agreed agreement or amendment signed by authorized individuals on f - t By signing below customer certifies that all conditions and terms of this agreement on the first avid seoom page have been reviewed and acknoMdedged.By providing a teleptxxto numtror for a cellular expressly consenliV to receiving communications ifof NON-marke' or sollaitaton phone or other vireless device,you are 4n9 purposes)at number,including,but rrot Erufed m,pretecaded or arlin ia!message pins,text messages.and calls made by an automatic telephone dialog m your cellular Ovmer and ds affiliates and agents.This F�yxess Consent applies m each such telephone number that customer provides m us now er in the Tubae and permits cool cal Es.These calls and messages may incur access fees from cellular ovider. e ax C—F-y Na— City of Corpus Christi own«: UBEO,LLC air(Pi.:seP-); Josh Chronley air Q i slpmm�o: al synw0:Oh i nae: Asst.Director of Finance-Procurement oaza: _ To.: DELIVERY s ACCEPTANCE The Customer hereby certfies that all the Equipment:l)has been received,nstalled,and inspected,and 2)is fusty operatienal and uncanditimaily accepted.All conditions and terms of this and are nowerewcable and unoomtbrial. agreement bare been reviewed,acknowledged By(pease Print): Tae:- $lgnaNfO Oaf O: 1 of 2 Rev:7/1/2021 UMANAGE RENTAL AGREEMENT TERMS and CONDITIONS 1.Ownershq and Use of System:Owner is the We osmer and tike holder to the'System-.The-system-"it mean and is bitable to Customer.Owner is not responmble for any damage to Customers Information Technology all hard w.(and,except as Imhed by seabm 10 below,sollrrere)mc1uded cn the uMmage Rental Agreement. Systems. Customer agrees to keep the System and associated products free and clear of ail liens and claims.Customer agrees will iolutle suds software ar is s dirt ofrlhe Software all Agreements and parer is net party to any fkensk, but that the System and associated products will be used sddyfOr business Purposes and net for consumer u Agreement Owner does not own any sofhvare and cannot transfer any personal use andnd ass Customers kation e a business address. purposes w interest n d le Customer.n Accordance with this agreement.within 10 days of the expiration w eater terminatgn,for whatever reason.Of the Agreement,Customer"I delver the System 10 Owner in good condition and repair,except for rhormal wear and tear. 2.Payment Munthlypayments will begs on the Commencement date.The Customer agreesto pay Owner the[same 11.LocaSon of&"lam:The Customer will keep the System at die location Payment which includes tlx minimum base image allowance when due.The Customer also Cystomd in ths Agreement The for each image n excess of the mage allowance.The base a agrees to pay ic charge Customer must obtain Owner's siren permission to move the System.The Customer Hill allow Owner or its Agteemant.I€an P yment and the Charge for overages areas fee of up time wherever thismore the to 15%Of$29(wttiichever s greater)on the Overdue amount;but not to exceed the ma3dmum amount allowed by lava. The Customer also agrees to pay$35 for each check that the bank realms for ihsuffic;mt funds of any other reason. 12.Assignment THE CUSTOMER HAS NO RIGHT TO SELL,TRANSFER,ENCUMBER,SUBLET OR ASSIGN At the end of the first year of this Agreement,and once each successive twelve month peAcci thereafter,Owner may THE SYSTEM OR THIS AGREEMENT.Owner may sell,trarvsfer Or assign this Agreement without notice and t inuease the base Payment and the Excess Per Image charges by an amount not to exceed 6%of the than qureet Owner does,the assignee wit have the same rights mnct benefRs Owner has ant m11 not have to penton any of payment and charges.The CLufurner's otiloaton to Pay the bass payments and As other obtolkihs hereunder s `Ovmer's'obiigatiore.UBEO LLC will retain(hose obi' rrefis w Customer absolute and unconditional and is mol subject to cancellation,reductor,setoff or oownlerdain.THtS AGREEMENT IS ig agrees that the rights of the NON-CANCELABLE. assignee coli not he subject to any claims,defenses or setoffs the customer may have agansl the Owner 3.Excess§mages:Customer wgl su(xnd hue and aocwale System meter read 13.Warmly Disdainer:OWNER FAKES NO WARRANTY EXPRESS OR NPLIED,INCLUDING THAT THE 3.the second workday or each bsi itperiodue in mgs to Omer for the System by the end SYSTEM IS FIT FOR A PARTICULAR PURPOSE OR THAT THE SYSTEM IS MERCHANTABLE_OWNER any reasonable manner requested by Omer,ncludng an automated TRANSFERS TO CUSTOMER ANY WRITTEN WARRANTIES MADE BY THE VARIOUS MANUFACTURERS aen echsystem.If Cudomefats to submd meter readings,Owner may eskmate meters and generate iroo€an based upon the estimated meteer readings. g REPRESENTED IN THIS AGREEMENT.CUSTOMER AGREES CUSTOMER HAS SELECTED THE SUPPLIER bAND EACH ITEM OF SYSTEM AND ASSOCIATED PRODUCTS BASED UPON ITS OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY ORAL STATEMENTS OR REPRESENTATIONS MADE BY OWNERS. 4.Term and Transition Billing:This Agreement is bihdig upon Customer W the data Customer CUSTOMER WILL CONTINUE TO MAKE ALL PAYMENTS UNDER THISAGREEMENT REGARDLESS OF The Agreement's effective on the date Customer signs Agreement ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER,LICENSOR OR MANUFACTURER.AND FAILURE the Agreement signs the Delivery and Acceptance(Effecbve Date).The lam'Of OFA SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE CUSTOMER'S OBLIGATIONS TO begins on data designated by us after receipt Of all required documentation and acceptance by us. OWNER UNDER THIS AGREEMENT. ('Commencement Date')and continues for the number of mmlM designated as"Term'on the rrst page of this Agreement Customer agrees to pay an i ie inn base payment in the amOumt of VW of the monthly base payment,for each day from and mduding the Effectne Date unN the daypreoedng the Commencement Date. 14.Default and Remedies:The Customer will be in default l any of the(dor Ing occurs:()Customer does not pay any amount under this Agreement or other sum due to Omer Or any other envy,(i)Customer breaches any other lean of this Agreement Or any other agreement w;th Omer Or anymaterial agreement with my other entry, S.Upgrade and Downgrade Provisim Omer may review your image volume and,in As dimCfeliM propose options for (al Customer any guarantor dies,dissolves«terminates existence;(iv)Customer makes or has made false up7ae5ng Or downgrading to accommodate your needs. statement or misrepresentation to Owner(v)there has been a material adverse change in Customer or any guaramor's frnancial,business Of operating canhdition;(0)any guarantor defaults under any guaranty fe,this 6.Taves and Fees:This is a net agreement In addition to rent the Customer agrees to pay all taxes,fees,and fling Agreement(all Customer or any gnizrarlix becomes dnsdvent on unable to pay is dents when due;Customer costs related to the use Of Hine System,even billed after the end of the Agreement Owner wil€Re properly tax returns stops dung business as gong concern;Customer merges•bormikiales,w transfers all or substantially al!of its and bili Lie Customer as soon as an invoice from the local jurisdiction is received Ovmer has the option to estimate assets:or(A)Customer makes an assignment for the benefit of is aedilors Or vohntafly life or have filed WY taxes due for the year and WJ the Customer monthly in advance on the basis of Vial.estimate.The Customer against t an action under any bmkngh(cy pmoaedngs,If the Customer defauhs,Owner can take the following agrees that if Ohvner pays any taxes a charges ah the Customers behalf,Customer will reimbuse punter ter all such remedies:a)terminale this Agreement;b)require Custom pay 9)all past due amounts hereunder and 2)all Payments and wLl pay Ownerafee for collecting and admIn€slerig any tastes,assessments w fees and remd.V Item remaining payments for the unexicircd term•discounted to Ptasentvalue at a 2%discount rate;c)require to the appropriate authord es.The Customer will indemnify Owner,on an after-tax Iasis against she€ors of any tax Customer to return the System to Oameratdhe Customers eMense;ord)emrdse anyoffau remedy available al Cu!itcheneUs a a reason(ed al use Commencement Date arising cul of the Customers acts w omissions.Omer may charge €avzor equity'The Custmiu Pfornses to PaYOw,cer'$reasorsableatorney fees and am cos!aasociatedwAh Customer a reasonable fee b cover documentation and nvestigaborn assts.Any fee charged under this agreement enforcement of this Agreement.Customer also agreesio Pay interest on all past due im, mts,hom bre due may nchde a proft date,at 1,5%Per month This action x#I not void the Customer's fesponsWAY to maimtin and care for the System,nor will Owner be liable for any action taken on any third parlys behalf. T UCG Fling:The Customer authorizes Owner or its assignee to sign any documents In connection with the Undpm Commercial Code CUCC')on the Customers behalf.The Ousto ner authorizes Oxrher to insert the serial number(s) _ 15.Business Agreement and Choice of Lay.THE CUSTOMER AGREES THAT THIS AGREEMENT WILL BE Of the System h this Agreement including any schedules)and L,any fings.In Order to protect our righls n the GOVERNED UNDER THEAPPLICABLE LAW OF THE STATE IN WHICH OWNER(OR.IFASSIG.NED BY System.Customer grants the OAnef a sewrtty merest in the System d Hos Agreement is deemed a secured OWNER.OWNER'S ASSIGNEE)MAINTAINS ITS PRINCIPAL OFFICES.AND ANY DISPUTE CONCERNING transaction and Customer authorizes Owner to recall a UCC-1 financing statementwsinlar Instrument and appoint THIS AGREEMENT WILL BE ADJUDICATED IN AFEDERAL OR STATE COURT IN SUCH STATE.OWNER Owner as is adomey-in-fact to exeWs and rte Ner such inst—ant,in Order to shoo O mer's merest in the System. fAND ITS ASSIGN EE)AN0 CUSTOMER WANE THE RIGHT TOA TRIAL BY JURY IN THE EVENT OF A LAWSUIT AND WANE ANY RIGHT TO TRANSFER VENUE. 6.Cdlatera!Protection,Liabidy and Insurance:The Customer is resparesdsle for any damage to of loss of fine System[ 16.Renewal and Return of System:After the Mimmum Term,as defined bythe Agreement and any written and h a Injury caused by System.The Customer promises keep dine S}stem tWtY ants tthe Agreement insured against toss extension thereof,tum Agreement ew will auLornatcally renon a twelve(12)monthe month basis unless 1) Customer Agrrment s paid in toll and mardaih insurance[hal protects Owner from lAablityfor anydamage or injury notifies Omer in wWAV not less than 90 caused by the Systems or As use.The Customer promises to provide Gamer with evidence of the insurance.showing intention to return the System and 2)tsc C stamen returns the ys prior to the t Sys[of as ro tided Term orrovide i the ct its Owner as the loss payee for the full replacement value of the System and additional insured fOr sister as provided nce pr Provided the party property insurance. public liability Custom condition and tinilynotice.Rshal€rywethe System,heightaril insurance prepaid.to Timber in upas request.If fats to provide such eYxlence wehin 30 days after the good repair condRion and vvoduig order.ordiharywear and tear esaepled,n a manner aril to a kcation oommertement of this Agreement,Owner has the option,but rot the Obligation to do as provided in aMu(A)wiB) designated by Owner.The Customer must as follows,as determined n Owners discretion:(A)Owner may sear¢property loss insurance on the pay any as resphal rents due ung the System is Ing my n good carrier of Owners choosing n such forms and amounts as Omer deems reasonable to System nom a varkIng by weer ordsagenls.Cuntorcer s responsbfefar protecting and removing my confidential Owner secures insufance ah the System,Customer will not be named as an insured €y.Customers omhers interests.t datafmagas stored soh the System Prior to its return for any reason.Customer may not term nate this Agreement not be(hR Parti'.Customers interests may tory vriHhoul Ow,ters mresent. y protected,aril Customer will reimburse Owner the prernnrrh vdvctn maybe higher than the premium Customer would pay 0 Cusbmer obtained Insurance,and which may result in a profit to Ow,ser#Wauglh an irhve tmrant inreihsurenc�e.t Customer s current n all ofds Obligationsunder the Agreement al the time of loss,any murance 17.Other tights:The Customer agreesthat Owners&-I ay,ar talune to exercise any eights,does not prevent proceeds received relating toinsurance Owner obtains pursuant to this subsection(A)oil;be applied.at Owners Owner from esurcising them at a later wne.It any Part Of this Agreement is feuuhd to be invalid,then R$hall not option,to repair rep€ace the System,or to pay Owner the remaining Payments due Or to become due taller this "Wide any M the Other Parts and the agreement shat be modified Its the mninum extent as permitted by law. A€peemest,6scounted at 2%per annum;or(B)Owner insur�charqe The berms d this Agreement supersede any rel aled!Pwcbase order. .0035 of the System cost as result of Ovmer's sxedl risk and administrative and otne costs,sg ld be furtherof p to deso,bed on letter from pother 10 Customer.We may make a profit on this Program.NOTHING IN THIS PROVISION WALL RELIEVE CUSTOMER OF THE RESPONSIBILITY FOR LIABILITY INSURANCE ON THE 38.UCC-2A PrOYWO ns:Customer waives any and all rights and remedies granfed to Customer under Sections SYSTEM.Owner may file claims and endose lnsurance checks on the Customer's behalf. 2A-508 through 2AS22 of the UCC and agrees that this Agreamen%in the hands of Owners assignee,is,Or shall be treated as,an agreement Ofthe type defined in Section 103(t)(g)of Article 2A of the UCC_ 9.irhdemsiy:Ater installatas,Ownersrhatre y Y 19.Entire Agraemerd.This Agreement represents the entre Agreement between Omer and the Customer aporsble for an to!k!m OT'hies caused 0o useorpossession of regarding the frhanc€ng of the System.Nether Omer nor the Customer will be bound by any amendment, the System.Cuslcmeragrees to h0idO eY harmless and reimburse Ovmerfa€ass and todefend Oameragansl -aarrer,brother my dam for losses w injury caused b the charge uxtess agreed ro is writing and signed by path parties. y System.This idemniyr obligators vvul continue after the lennnalionotthis Agreement R the toss w iyury ocretared during the term of the Agreement The Customer agrees to reimburse Owner (w and defend Owner against any damn for losses or injures caused by the System,unless such losses a it jur€es 20.MISCELLANEOUS:Any change in arty of the terms and ccochborss of this Agreement must be In wr8ing and are caused by the gross negligence or w ilIW in cmomnhrcl of pw,her.IN NO EVENT SHALL OWN FR BE s4nedIVCWw.Customer agrees.however,that Owner is authorized,without notice to Customer,to supply RESPONSIBLE FOR ANY COL£SEQUENTLAL OR INDIRECT DAMAGES. rnlssing nfornhation or correct obvious errors in this Agreement A fax or electronically transmitted version of Customer's signature on this Agreement when received by Omer shall be binding upon Customer as A original ly ssgrhed.The parties agree that Bhim AgneemeM and any ndated doeurrcents maybe authenticated by electronic means.Cus€omer agreesnot to raise as a defense to the enforcement of this Agreement or any related 10.Maintenance and Care of Ormerbm s System:The Cuser agrees to install,use and maintain the System n documents that Customer executed or au0neotcated by eiectrordc means.Ho ail—,this Agreement shall be accordance with the dealer"pe"Micatioins and use only those supplies suhpplied w approved by UBED LLC vAuch meet bindig on OWner when signed by Ownwr Both Customer and Owner agree that the WfsiOn of gum Agreement in mdac"w sPecificatians.Customer agrees to maintain the System in good working condition,eigb€e for -An Ownersoriginal sgrhasure shall c0nstdu€e the original aul€er€ i ve version.Wdh'n 30 days after Owners manufacturer's certTicaton,normal wear and fear encrpled.Maintenance provided by UBEO LLC snon-rascdAable request Customer will dNirer a€I requested information fricludr g(ant rettxns)which Owner deems masonabry for the Senn Of the agreement for the isied System.Maintenance includes and is limited lo;parts repair a replacement necessary to determine Customers current fnawkil eondt0n and fathful performance of the berms hereof. and associated labor,for service required as a result of normal wear and tear.Supplies Ltoser and developer in colors, bfack,cyan.magenta and yeffow)and waste toner botHes are included at no adddima€charge.Tamer usage is based on manufacturers suggested yields.Excess usage can be blled wfien suggested yields are exceeded.Throughput materials(paper stocks,staples,elo.)and toner and developer in colors clear,gold,slyer and While are NOT - included.W ofk associated with Customers Infamaton Techndogies not Imbed On this Agreement Including but not firnRed to Software,Computers,Data Flea and NeWork is not covered by the Owner, 2Ot2 so �o o� A v AGENDA MEMORANDUM WoRPORPg4 Public Hearing/1 sc Reading for the City Council Meeting of March 8, 2022 1852 Public Hearing/2nd Reading for the City Council Meeting of March 22, 2022 DATE: February 23, 2022 TO: Peter Zanoni, City Manager THRU: Andrea Gardner, Assistant City Manager and reaga(a)cctexas.com (361) 826-3506 FROM: Tracey K. Cantu, Interim Director Neighborhood Services Department traceyc(a)cctexas.com (361) 826-3021 Public Hearing and Ordinance for the Acceptance and Appropriation of$4,213,937 from the U.S. Department of Housing and Urban Development for Implementation of the HOME Investment Partnerships Program —American Rescue Plan to Serve Persons who are Homeless, At-risk of Homelessness, and other Special Populations CAPTION: Ordinance authorizing acceptance and appropriation $4,213,937.00 from the U.S. Department of Housing and Urban Development for implementation of the HOME Investment Partnership Program — American Rescue Plan; and amending the operating budget for FY 2021-2022 to increase expenditures from the HOME Grants Fund. SUMMARY: The U.S. Department of Housing and Urban Development (HUD) has awarded the City of Corpus Christi $4,213,937.00 of HOME Investment Partnerships Program (HOME) funds from the American Rescue Plan Act of 2021 (ARP). The use of funds requires a HUD approved HOME- ARP Allocation Plan. To access a portion of the administrative funds for development of the allocation plan, public notice, public hearings, and acceptance and appropriation of the funds are required. BACKGROUND AND FINDINGS: The American Rescue Plan Act of 2021 appropriated $5 billion to be allocated by formula to communities that qualify for the HOME entitlement allocations. The City of Corpus Christi is a HOME participating jurisdiction and its HOME-ARP allocation is $4,213,937.00. This is one-time funding and is in addition to the annual entitlement allocation the City receives from HUD. The HOME-ARP funds expenditure deadline is September 2030. The City has received the award notice from HUD but HOME-ARP funds will be disbursed to the City on a reimbursement basis. HUD will release up to five percent of the total allocation, on a reimbursement basis, for planning and needs assessment activities. The City is required to submit a HOME-ARP Allocation Plan to HUD for program implementation before the full allocation can be accessed. The requirements for the HOME-ARP Allocation Plan are extensive and heavily focus on consultations with service providers and public participation. Also, the plan is required to have a needs assessment and gaps analysis. The plan will identify how funds will be allocated to projects based on the priorities identified through the planning process. City Council's approval of the HOME-ARP Allocation Plan as a substantial amendment to the HUD FY 2021 Consolidated Annual Action Plan will be necessary. With the regular annual entitlement, approval by City Council of the Consolidated Annual Action Plan with project awards to entities and acceptance of the funds happens at one time coinciding with the due date of the Consolidated Annual Action Plan in the fall. With these one-time funds, the process is different. HUD continues to roll out guidance regarding the planning process and use of funds and the approval of funds, planning, and award of funds will happen separately and at different times. HOME-ARP funds are required to benefit individuals or families who are homeless, at-risk of homelessness, fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking, other populations where providing supportive services or assistance would prevent the family's homelessness or serve those with the greatest risk of housing instability, and veterans and families that include a veteran family member that meet one of the preceding criteria. HOME-ARP funds can be used for four eligible activities including the production or preservation of affordable housing, tenant-based rental assistance, supportive services, and the purchase or development of non-congregate shelter for individuals and families experiencing homelessness. Neighborhood Services, with guidance from HUD, is designing a consultation and public participation plan that will meet the requirements. Public participation, at a minimum, will include multiple input sessions, online surveys, public hearings, and acceptance of written comments. ALTERNATIVES: City Council can choose to not accept the funding, delay accepting the funding or postpone accepting the funding. FISCAL IMPACT: The City will receive $4,213,937.00 in federal funds to implement the HOME-ARP program. Funding Detail Fund 9045 HOME Grants Organization/Activity: 480022F HOME ARP Mission Element: 132 Revitalize and Stabilize Neighborhoods Project # (CIP Only): N/A Account: Various RECOMMENDATION: Staff recommends accepting and appropriating the funds so that planning activities can begin. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance authorizing acceptance and appropriating $4,213,937.00 from the U.S. Department of Housing and Urban Development for implementation of the HOME Investment Partnership Program —American Rescue Plan; amending the operating budget for FY2021-2022 to increase expenditures from the HOME Grants fund. Whereas, the U.S. Department of Housing and Urban Development ("HUD") has allocated $4,213,937.00 to the City of Corpus Christi ("City")from the American Rescue Plan Act of 2021 for the HOME Investment Partnership Program to be expended by September 2030; Whereas, the HOME Investment Partnership Program —American Rescue Plan ("HOME-ARP") funding will be used by the City to assist persons in the city who are homeless, at-risk of homelessness, fleeing domestic abuse, sexual assault, human trafficking or other persons in need as further outlined in the HOME-ARP guidelines; Whereas, the City must conduct a needs assessment in the community with public meetings and public participation in order to prepare a HOME-ARP Allocation Plan to be submitted to HUD which is a prerequisite to accessing any of the HOME- ARP funding; Whereas, HUD has released five percent of the HOME-ARP allocation to the City to prepare the HOME-ARP Allocation Plan; Whereas, the City Council will be required to approve the HOME-ARP Allocation Plan as part of substantial amendment to the HUD FY2021 Consolidated Annual Action Plan before the plan can be submitted to HUD. Whereas, with proper notice to the public, a public hearing was held on March 8, 2022 and March 22, 2022 to receive citizen input for the City's planning and needs assessment for the HOME Investment Partnership Program-American Rescue Plan Homeless funding from HUD. Now, Therefore, be it ordained by the City Council of the City of Corpus Christi, Texas that: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes. Section 2. Funds in the amount of $4,213,937.00 are appropriated from the U.S. Department of Housing and Urban Development for costs related to the HOME Investment Partnerships —American Rescue Plan program. Section 3. The FY2021-22 Operating Budget adopted by Ordinance No. 032539 is amended to increase expenditures by $4,213,937.00. Section 4: The City Manager or his designee is authorized to execute all documents necessary for acceptance and appropriation of the HOME Investment Partnerships — American Rescue Plan program. The foregoing ordinance was read for the first time and passed to its second reading on thisthe day of—, 2022, 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 2022, 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 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor u AWA CORPUS CHRISTI NEIGHBORHOOD SERVICES HOME Investment Partnerships Program American Rescue Plan Allocation City Council March 8, 2022 I HOME-ARP Award • From the American Rescue Plan Act of 2021 (ARP), the U.S. Department of Housing and Urban Development (HUD) awarded $4,213,937 to the City • Funds have been awarded through the HOME Investment Partnerships Program (HOME) • This is a one-time funding allocation • Funds are in addition to the City's regular annual allocation of HOME funds • Like the annual HOME allocation, this is a reimbursement program • HUD will release up to five percent of the funding for planning and administrative purposes on a reimbursement basis • Funds must be expended by September 2030 HOME-ARP Uses a M • Funds are required to decrease homelessness and increase housing stability • There are four eligible activities: • Development and support of affordable housing • Tenant-based rental assistance (TBRA) • Supportive services • Acquisition and development of non-congregate shelter • Uses of the funds must agree with the needs identified through the required planning process I HOME-ARP Beneficiaries • HOME-ARP funds must be used to benefit the following qualifying populations: • Persons who are homeless • Persons at risk of homelessness • Those fleeing or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking • Other populations where providing supportive services or assistance would prevent the family's homelessness or serve those with the greatest risk of housing instability HOME-ARP Process fl, anus caaisn • Award made from HUD • HUD providing rules, regulations and implementation guidance • Acceptance of the funds by the City • Development of the HOME-ARP Allocation Plan • Submission of the plan to HUD for approval • Allocation of funds to project for implementation HOME-ARP Planning • City can access up to five percent of the total award for planning and administrative activities to develop the HOME-ARP Allocation Plan • Development of HOME-ARP Allocation Plan includes extensive public participation, a needs assessment and a gaps analysis • There are required consultations with specific groups such as: • Groups that provide services to the required beneficiaries • Housing Authority • Groups that address civil rights • Groups that address the needs of persons with disabilities �W�) HOME-ARP Public Participation fil anus cxsisn • City's public participation process will include: • Required consultations • Required public hearings • Public input sessions • Online survey(s) • Acceptance of written comments so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 03/08/22 1852 Second Reading Ordinance for the City Council Meeting 03/22/22 DATE: January 28, 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 6636 Yorktown Boulevard CAPTION: Zoning Case No. 0122-02, RFW AG Limited (District 5). Ordinance rezoning property at or near 6636 Yorktown Boulevard from the "FR" Farm Rural District to the "RM-2" Multifamily District. SUMMARY: The purpose is to allow for the construction of an apartment complex. BACKGROUND AND FINDINGS: The subject property is 12.17 acres in size. The subject property is currently zoned "FR" Farm Rural District and consists of vacant land. The subject property was zoned "FR" Farm Rural in 1995 at the time of annexation. To the north are properties recently rezoned to the "RM-2" Multifamily District and "RM-1" Multifamily District is 2021 and 2018 respectively. Additionally, to the north is Master Channel 31 which is a drainage right-of-way width of approximately 140 feet and a depth of 7.21 feet. To the south across Yorktown Boulevard is Bill Witt Park zoned "RS-6" Single-Family 6 District. To the east is a large tract single-family home zoned "FR" Farm Rural District and a mini-storage business zoned "CG-2" General Commercial District. To the west is a mini-storage business zoned "FR" Farm Rural District and further to the west is Cimarron Lake Estates Subdivision with a Homeowners Association (HOA).The subdivision was rezoned in 2004 to the "RS-6" Single-Family 6 District. As area development increases, road improvements are needed to accommodate increased density for the Yorktown area. A potential two-year project has been identified in Bond 2022 program that will include road construction and traffic signal improvements for that area. The design will be completed by the end of December 2022. The project can be advertised for bids in January 2023 and construction can begin around April 2023. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "RM-2" Multifamily District is inconsistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Public Input Process Number of Notices Mailed 8 within 200-foot notification area 4 outside notification area As of January 29, 2022: I n Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.0% 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 from the "FR" Farm Rural District to the ""RM-2" Multifamily District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Approval of the change of zoning from the "FR" Farm Rural District to the "RM-2" Multifamily District. Vote Count: For: 5 Opposed: 0 Absent: 4 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0122-02, RFW AG Limited: (District 5) Ordinance rezoning property at or near 6636 Yorktown Boulevard from the "FR" Farm Rural District to the "RM-2" Multifamily 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 12.17 acres out of Lots 15A & 14B, Section 21, Flour Bluff & Encinal Farm Garden Tracts, as shown in Exhibit "A" and "B": from the "FR" Farm Rural District to the "RM-2" Multifamily District. The subject property is located at or near 6636 Yorktown Boulevard. Exhibits A and B, which are the Metes and Bounds of the subject property with an associated map are 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 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, 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 2022, 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 , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 7 URBANA ENGINEERING Job No.:43 517.0 1,00 November 2,2021 Revised:November 11,2021 Exhibit A 12.17 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES FIELDNOTES,for a 12.17 Acre,Zoning Tract,being out of Lot 14-B,Section 21,Flour Bluffand Encinal Farm and Garden Tracts, a map of which is recorded in Volume 37,Page 164, Map Records of Nucces County, Texas and Lot 15-A,Section 21, Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume 50,Page 28,Map Records of Nueces County,Texas;said 12.17 Acre Tract being described by metes and bounds as follows; Beginning,at a 518 Inch Iron Rod with an Aluminum cap stamped"RPLS 4880"Found,being the North corner of Lot 1, Butler Addition, a map of which is recorded in Volume 67, Page 52, Map Records of Nueces County,Texas,for the East corner of the said Lot 14-B and this Tract; Thence, South 2838'10" West, with the common boundary line of the said Lots 1, 14-B, and Lot 1, Yorktown Mini Storage,a map of which is recorded in Volume 63,Page 137,of the said Map Records,a distance of 1284.06 Feet,to a 1 Inch Iron Pipe Found,on the North Right-of-Way Line of Yorktown Road,a public roadway, for the South comer of this Tract; Thence,North 61'28'19"West,with the said Right-of-Way line,a distance of 329.56 Feet,for a corner of this Tract,from Whence,a 518 Inch Iron Rod with a plastic cap stamped"BRISTER SURVEYING"Found,bears South 00°12'37"West,0.I8 Feet; Thence,North 28°33'47"East,a distance of 20.00 Feet,for corner of this Tract,from Whence,a 518 Inch Iron Rod with a plastic cap stamped"BRISTER SURVEYING"Found,bears South 61°28'19"East,0.12 Feet; Thence,North 61*28'19"West,with the said Right-of-Way l ine,a distance of 78.22 Feet,for a West corner of this Tract; Thence,over and across the said Lot 15-A and with the boundary of this Tract as follows: • North 29°15'18" East, at 201.51 Feet pass, a 518 Inch Iron Rod with a plastic cap stamped "BRISTER SURVEYING"Found Left,0.19 Feet,in all a distance of 811.73 Feet; • North 60'13'59"West,a distance of 35.50 Feet; • North 29°02'08"East,a distance of 453.29 Feet,to the Northeast boundary line of the said Lot 15- A for the North corner of this Tract; S\Surveying\43517\CIDOE-Plat-Zoning\OFFICEIMETES AND B0UNDS\43517CI00-Z0NING.d0cx Page l of 2 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneny.coni TBPE Firm 9 145 •TBPLS Firm# 10032400 Page 4 of 7 Thence, South 61'15'09" East, with the said Northeast boundary line, a distance of 431.37 Feet,to the Point of Beginning,containing 12.17 Acres(530,246 Sq.Ft)of Land,more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. tit 'ist URBAN ENGINEERING bA. '..EE VRB..... , 1 Dan L.Urban,R.P.L.S. License No,4710 S.ISurveyingl43517kCI00E-Plat-Zonmg50FFICESMETES AND B0UNDS543517C100-Z0NING.docx Page 2 of 2 OFFICE:(361)854-3101 2725 SWANTNER DR.a CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanen&coni TBPE Firm 9 145•TBPLS Firm 4 10032400 Page 5 of 7 300 200 100 0 200 400 0 A IC SCALE Leger c: 1'=200' 05/8 Inch Iron Rod with red plastic cop stamped "URBAN ENGR CCTX" Set •5/8 Inch Iran Rod Found 05/8 Inch Iron Rod with plastic cap stamped "RPLS 4880" Found x5/8 Inch Iron Rod "8R15TER SURVEYING' Found =rill Hale Found _ 12 Acres out of Lots 3 4- - Vol. a1 Inch Iron Pipe Found and 4, Section 21ii,F[our Bluff and EncinalSouthwest o Farm and Garden10 Acres out of Lots 1 and 2. TractsSection 21 Flour Bluff and Encinal A, P s. 41-43, 9 BI-k 3 25'O.E. Farm and Garden Tracts M.R.N.C.T. ------ Vol- A. Pgs. 41-43, Map Records of (Owner. Dorsal - Nueces CountyTexasDevelopment, LLC) t (Owner Richard K. Jurech, ET AL) (poc- No, 2012032206. - of S61'15'09'E 431.37r G.P.R.N. `i Airline crossing Seain[linF Unit 3 Vol. 69. Ob N Lot 1 Pgs. 495-497. Mop Butler Addition Records of VoL 67, Pg. 52, Nueces County, Map Records of Nueces County Texas texas o O r g z a o�aa tz E-9 N z IN o°'o ID �u � Wag aV'v mr1-o o c r'1 a O Remc'mder of LJ y7 E A of 2 I I qu o m v N o Section a o Flour Bluff Encinal `�o E m Farm & Garden 's n rrcats Zoning Tract a E} ".� a z n ° p i o Vol. 50, Pg, 2B. 12.17 Acres o , Mop Records of 530246sf O n7 2 o Nueces County,ir1 _ Lot 14-6 �- v _ Texas n Section 21 try (..) Flour Bluff ap w p r.i m Enicir i Farm U _ Garden Tracts VSa n w v v a W Vol. 37, Pg. 164, o �� 'Co Map Records of Nueces County, Texas - "i o ®m. a j-) c gym IV m z sjo '_u in I Z �vILL d62 r z .�mao \\!a To y o a 0.12B �a L11 20 Y.R, tt sou 12.37' fN61'28`19'W - — — 329.56' Yorktown Boulevard LINE BEARING f11sTANCE EXh1b t B L1 N28.33 47'E 20.00 Sketch to Accompany 12 1 N61'25'1 9 78.22 F7f2Gh'01E5' for 1217 Acre, Iwlurg rmct, MW out of Lot 14-B, L3 N60'1359 35.50 Section 21, four Bluff and Erma! Farts and Carden Tmcts a map General Notes of which /s rmvrded in Kolume 37, Doge 164, Map Records of % 12.17 Acre Tract is located within the NUAM County, Teras and Lot 15-4 Section 21, flour bluff and City limits of Corpus Christi,Texas and a f ncmol Form and Carden Tracts, a map of which rs raeorded in subdivison based on this ✓olume 50, Page 28,Map Records of Nueces County, Texas o5 may be in violation of REV: Nov 1 1, 2021 the current Cay of corpus Christi DATE: Nov 2, 2021 subdivision ordinance. URBAN JOB 1"=200' 2. God Bearings and 0iatances shown JOB NO.: 43517.01.00 hereon are referenced 3. the Texas E N G I N E E R I N G Coordinate System of 1983. Texas South South 1IF � ,mss� � �a SHEET: 1 OF 2 zone 4205, and a e based an the North r=21^= n'+�+ DRAWN BY: JAB x.eu.�w� �xer.aw.m�r American Oatum of 1903(2011) Epoch ur4ansurveyl0urbanenq.com 2010.00. 0 2021 by Urban Engineering Page 6 of 7 p E� o c v m CV U a� NQ Nmc c NC04'0,Q'0,1 ,,,0�mw �c >eACV O— •• m z o m wz�i3.a m L'i O VI�fwo 'O T g V} O ~ V U P-18 o,A o0eoa o 0 a,aba 0 z Pool! M.L, V i ,a eawa,ll^� O W W _ Z aW ZSA e ry wn s Lu Ung eVag— e ee,xn� ur a,y Ro sol � o x � 0 VU 0 cn" 23-1 i Page 7 of 7 ZONING REPORT Case No. 0122-02 INFOR No. 21ZN1050 Planning Commission Hearin Date: January 12, 2022 r_ Owner: RFW AG, Ltd. o Applicant: RFW AG, Ltd. u .� Location Address: 6636 Yorktown Boulevard a N Legal Description: 12.17-acre tract out of Lot 14-B, Section 21 , Flour Bluff and Q °� o Encinal Farm and Garden Tracts, located along the north side of Yorktown Boulevard, east of Cimarron Boulevard, and west of Rodd Field Road From: "FR" Farm Rural District To: "RM-2" Multifamily District io Area: 12.17 acres Purpose of Request: To allow for the construction of an apartment complex. Existing Zoning District Existing Future Land Use Land Use Site "FR" Farm Rural District Vacant Commercial Vacant and High Density North "RM-2" Multifamily District Drainage Residential 0 N Permanent Open South "RS-6" Single-Family 6 District Park Space "FR" Farm Rural District and Commercial and T East "CG-2" General Commercial Low Density Commercial LU District Residential "FR" Farm Rural District and Commercial and West "RS-6" Single-Family 6 District Low Density Commercial Residential Area Development Plan: The subject property is located within the boundaries 06 u, of the Southside Area Development Plan and is planned for a commercial use. M o The proposed rezoning to the "RM-2" Multifamily District is consistent with the _ a adopted Comprehensive Plan (Plan CC) and warrants an amendment to the a o Future Land Use Map. Q City Council District: 5 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 330 feet of street frontage along Yorktown Boulevard which is designated as a "A3" ° Primary Arterial Street. According to the Urban Transportation Plan, "A3" a N Primary Arterial Streets can convey a capacity between 30,000 and 48,000 Average Daily Trips (ADT). Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume }' O Yorktown 130' ROW 166' ROW Cn Boulevard A3 79paved 90paved Primary Arterial N/A Staff Summary: Development Plan: The subject property is 12.17 acres in size. The applicant is proposing the construction of a 303-unit apartment complex. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District and consists of vacant land. The subject property was zoned "FR" Farm Rural in 1995 at the time of annexation. To the north are properties recently rezoned to the "RM- 2" Multifamily District and "RM-1" Multifamily District is 2021 and 2018 respectively. Additionally, to the north is Master Channel 31 which is a drainage right-of-way width of approximately 140 feet and a depth of 7.21 feet. To the south across Yorktown Boulevard is Bill Witt Park zoned "RS-6" Single-Family 6 District. To the east is a large tract single- family home zoned "FR" Farm Rural District and a mini-storage business zoned "CG-2" General Commercial District. To the west is a mini-storage business zoned "FR" Farm Rural District and further to the west is Cimarron Lake Estates Subdivision with a Home Owners Association (HOA). The subdivision was rezoned in 2004 to the "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). Plat Status: The property is not platted. Utilities: Water: 12-inch C900 line located along Yorktown Boulevard. Wastewater: Not Available Gas: 8-inch Service Line located along Yorktown Boulevard. Storm Water: 48-inch line located along Yorktown Boulevard. 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 medium density residential use. The proposed rezoning to the "RM-2" Multifamily District is inconsistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • 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) Staff Report Page 3 • Support the separation of high-volume traffic from residential areas or other noise- sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Encourage direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Encourage mixed-use development, where appropriate, to increase walkability and create community gathering places. (Southside ADP, Section 5.3) 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. The proposed rezoning warrants an amendment to the Future Land Use Map. • The property is currently vacant and is a remaining unplatted "FR" Farm Rural tract. The property has not been developed since annexation in 1995. • Recent rezonings in the area have occurred to various multifamily districts since 2018. • The subject property is across Yorktown Boulevard from Bill Witt Park and near the Del Mar College South Campus. Staff Recommendation: Approval of the change of zoning from the "FR" Farm Rural District to the "RM-2" Multifamily District. Number of Notices Mailed — 8 within 200-foot notification area. 4 outside notification area 0 0 As of January 6, 2022: In Favor — 0 inside notification area — 0 outside notification area 0 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. "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 R -2 R -R A-1 R Q�'FFye RM-2 Fgso R. R °FF RM- 1 RM-1 y✓q~F�l �� ��0� �iFgNogoF 47 p� 5 FO 1 7 $. G �' C -2 R"-6' o��� o� SUBJECT °RF ROPE F'S`D R RS- - G- 1 4 F CG-2 o,P'q%Y yoR�'rolyy 8 6 GF�j°O 6�1`Oa °FqC R `0 oc��R 2 3 itiGo R - Jr RS-6 f 211 L 0 1 5- CASE: 0122-02 " wF Zoning and notice Area RM-1 Multi dust amity 1 IIL Light Industrial P''a -. RM-2 MNltitamily 2 IH H.-Y Inrial RM-3Multilamiy 3 PUU Planned Unit D.,Overlay Ory Professional Office R5-10 SingleFamity 1D RM-AT Mullitamity AT R5Z Single-Family 6 CN-1 Neighberltacd Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TFT-Fatuity SUBJECT CR-1 Resa rt Commerciar RS-15 Single-Family 15 PROPERTY CR-2Resort Commercial RE Residardial Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit _-- a Intensive Commercial RV Recreational Vehicle Park CBO Oovmtown Commarsial RMH Manufactured Home �I CR-3 Resort Commercial. FR Farm Rural H Historic Overby SOu rCBS. eP Business Perk p p Esri, ❑® Sauer P,aP oensra HERE, .02X eemar O m, City of ow s wmnm zw r mdo 0— Corpus Garmin, a»eelme owneranro tesla Xan enaavxonChristi USGS, LOCATION M=API Zoning Case #0122-02 RFW AG, Ltd. Rezoning for a Property at 6636 Yorktown Boulevard From "FR" To "RM-2" a� Q� City Council March 8, 2022 Zoning Pattern and Adjacent Development o Qs-SASp RM.; low 2011&SP ,-0sM° Currently Zoned: "FR" Farm Rural District y Proposed Use: Q12�- f 303-unit apartment complex 2wagg9 �o Surrounding Uses: 034 _- �o ���� North: Master Channel 31 PG30o PC�G34�l ' ��b� 0000 0 0 South: Bill Witt Park x ° gggg N East and West: Mini-Storage Business Public Notification R ° � R 8 Notices mailed inside 200' buffer q�F "`� RM-2 � AfS 4 Notices mailed outside 200' buffer RM-1 RM-1 �SN6`P> rx R,pNO9 v Notification Area 4Pp�`pp? °ry<,KF\ e CG-2 R �6 1e"� 0 Opposed: 0 (0.00%) °"< ��R ��° `� ' �a�o ,a �f�RQP€RTY Separate Opposed Owners. 0 RS ' /cc-z _NCFn - A�y�y0 In Favor: 0 (0.00%) ryC�R RS 4r5`"` Notified property owner's land in square RS-6 feet/Total square footage of all property in the notification area = wTsizo Percentage of public opposition s-a:.s� 3 Analysis and Recommendation RM'2 1"A R Consistent with the adopted Comprehensive Plan (Plan CC) oo .. °°"' �U � M°,1 ✓;�'ted' ' The proposed rezoning warrants an 140 amendment R9 e� per <,°N., •, a �` < � Wamendment to the Future Land Use Map. The property is currently vacant and is a remaining unplatted "FR" Farm Rural tract. RFF� eP PROPERTY The property has not been developed since annexation in 1995. «r Recent rezonings in the area have occurred to various multifamily districts since 2018. The subject property is across Yorktown Boulevard from Bill Witt Park and near the Del Mar College South Campus. Ra$- i Planning Commission &Staff hw Recommendation: Approval RM - 2 R _R R o�FFNe RM- 2 FSS, o,Q R�S - 6 QVFF RM- 1 RM - 1 N✓�NFST ,O �`V R X41 CG - 2 RS= 6 o' SUBJECT IPI RTO PERTY F`r0 R RS - 6 CG- 1 FR CG- 2 G- ORgN rG - A CFT'AO'Q yOR�T�� Fq_ N,e O,Q hl,4R �NGo R R - 4 . 5, RS - 6 12113' 0 1 S - 4 . CAVE. 0122-02 � SUBJECT PROPERTY WITH ZONING q' 3�orngde W S E Yorkrowrr' Subject m a Property a A-1 Apartment House District -1 Limited Industrial District A-1A Apartment House District _2 Light Industrial District SUBJECT A-2 Apartment House District 1-3 Heavy Industrial District PROPERTY AB Professional Office District PUD Planned Unit Development AT Apartment-Tourist District R-1A One Family Dwelling District B-1 Neighborhood Business DistrictR-113One Family Dwelling District -,_,ptes St B-1A Neighborhood Business District R-1C One Family Dwelling District B-2 Bayfront Business District R-2 Multiple Dwelling District B-2A Barrier Island Business District RA One Family Dwelling District B-3 Business District RE Residential Estate District Sources: B-4 General Business District R-TH Townhouse Dwelling District B-5 Primary Business District SP Special Permit ;M� Esri, B-6 Primary Business Core District T-1A Travel Trailer Park District City Of HERE, BD Corpus Christi Beach Design Dist. T-1 B Manufactured Home Park District y Garmin, F-R Farm Rural District T-1C Manufactured Home Subdivision COrpUS HC Historical-Cultural Landmark District Christi USGS, LOCATION MAP Preservation so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 03/08/22 1852 Second Reading Ordinance for the City Council Meeting 03/22/22 DATE: January 28, 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 3402 Rodd Field Road CAPTION: Zoning Case No. 0122-03 Church Unlimited (District 5). Ordinance rezoning property at or near 3402 Rodd Field Road from the "RS-6" Single-Family 6 District to "RS-6/SP" Single-Family 6 District with a Special Permit. SUMMARY: The purpose is to allow for a larger 376 sq. ft. wall-mounted sign for a place of worship. BACKGROUND AND FINDINGS: The subject property is 9.7 acres in size. The owner is requesting a Special Permit to allow for a larger 376 sq. ft. wall-mounted sign for a place of worship. The subject property is currently zoned "RS-6" Single-Family 6 District and consists of a place of worship (Church Unlimited) that allows for a sign no bigger than 40 sq. ft. The place of worship was constructed in 2014 and is a 32,000 square foot building, a 5,000 square foot canopy and 224,623 square feet of parking for public/semi-public use and currently has no sign. To the north as well as east is property zoned "RM-1" Multifamily District with the existing use being medium density residential (Southlake Ranch Apartments, vacant). Additionally, to the north is property that is vacant zoned "FR" Farm Rural District. To the south are properties zoned "RS-6" Single-Family 6 District (Kolda Elementary) with existing land use being public/semi-public as well as "RS-4.5" Single-Family 4.5 District with low density residential uses (The Cottages at Southlake). To the west is a property is zoned "CG-2"General Commercial District and with the existing land use indoor recreation (The Moose Lodge 734) as well as vacant property zoned "FR" Farm Rural District. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for high-density residential uses. The proposed rezoning to the "RS-6/SP" Single- Family 6 District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). Public Input Process Number of Notices Mailed 20 within 200-foot notification area 4 outside notification area As of January 29, 2022: I n Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area Totaling 0.68% 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 from the "RS-6" Single-Family 6 District with a Special Permit. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Approval of the change of zoning from the "RS-6" Single-Family 6 District with a Special Permit. Vote Count: For: 5 Opposed: 0 Absent: 4 Abstained: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0122-03, Church Unlimited: (District 5) Ordinance rezoning property at or near 3402 Rodd Field Road from the "RS-6" Single-Family 6 District to the "RS- 6/SP" Single-Family 6 District with a Special Permit. 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 1 , Block 1 , Bay Area at South Lake, as shown in Exhibit "A": from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit. The subject property is located at or near 3402 Rodd Field Road. Exhibit A, which is a map attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only use(s) authorized by this Special Permit are those permitted by right in the base zoning district as per the Unified Development Code (UDC). 2. Sign Provisions: The wall-mounted sign for the subject property shall be permitted based on the following conditions: a. The maximum size of sign area shall not exceed 25% of the building wall square footage for the building elevation that faces Rodd Field Road. b. The sign must be attached flat against the wall of the building and shall not project more than 36 inches from the building or structure c. The sign may be internally illuminated. 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete sign permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 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 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, 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 2022, 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 , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 4 Exhibit A FR RS-0 RM-1 G-P �4 1� + +2'' norL�.p.a n.�r dLw.. r.�rr4 Case # 072 -0r SUBJECT PROPERTY V1.1 TH ZONING S V' GBACT PROPER]'Ij R4-I NUIIY°�nlry 7 I_ LW hl lrrd_sIiYJ N.HhmYM3 IH Mavy lydu.YWl NUIIY•�n IM] Rl] rlernM L":1,1311 4waeF OK �aft.sb-W C+••Ie'e R5.1@ 54 0 Frrti10 RYFiI 4ultll.rr11y 41 R5-0 SY10M•lirrdIVl r CFe .K-1 Y.I:r yort..A=Rmm.r:la1 R,",S 11M M4-rd C H.:. K.ghbo-t—d C�nrtw rd.l R7-rr 14.—.nily {H-I R.esr•{�rrrmrrc'MI RSM1 Shgk1 F.Iryly li CR-2 H.eo-a=onrrwrclul REel ee4M =G.1 GxrrrY=o-mm.r_I.I �y,•1y T TLA—ftuR.yL"YN C7-.. Garr nl C—nrrrlel SR eperiel P-11 CI Yrbrn.Iv.=enm.rcl.l Yllr 4r-e@rnr 4.Iwie Perk ,: ceo coerrwe.C�nrn.r<Ir rr R4.1 MnuhcMna Hone CR-] RemeAC-0rrrmere Vl FR IUXhIRrkC rirF .. _ '0 [•i�l OR e4Nrr.arRwY LocAToOfi Page 4 of 4 STAFF REPORT Case No. 0122-03 INFOR No. 21ZN1048 Planning Commission Hearin Date: January 12, 2022 r- Owner: Church Unlimited a a Applicant: Church Unlimited Location Address: 3402 Rodd Field Road QLegal Description: Lot 1 , Block 1 , Bay Area at South Lake, located along the o east side of Rodd Field Road, south of Brooke Road, and north of Airline Road From: "RS-6" Single-Family 6 District To: "RS-6/SP" Single-Family 6 District with a Special Permit 'Es Area: 9.7 acres N Purpose of Request: To allow for a larger wall-mounted sign for a place of worship. Existing Zoning District Existing Future Land Use Land Use Site "RS-6" Single-Family 6 Public/Semi- High-Density District Public Residential Vacant, Medium "FR" Farm Rural District and High-Density � N North Density"RM-1" Multifamily District Residential Residential 'E Low Density o "RS-4.5" Single-Family 4.5 Medium-Density Residential, South District and "RS-6" Single- Residential, Public/Semi- Family 6 District Public Institutional LU Vacant and High-Density East RM-1 Multifamily District Medium-Density Residential Residential "CG-2" General Commercial Commercial, Commercial and West District and Vacant High-Density "FR" Farm Rural District Residential Area Development Plan: The subject property is located within the boundaries 06 u, of the Southside Area Development Plan and is planned for high-density M o residential uses. The proposed rezoning to the "RS-6/SP" Single-Family 6 2 Za District with a Special Permit is consistent with the adopted Comprehensive a o Plan (Plan CC). Q City Council District: 5 Zoning Violations: None Staff Report Page 2 o Transportation and Circulation: The subject property has approximately 130 feet of street frontage along Rodd Field Road which is designated as an "AY o Primary-Arterial Street. According to the Urban Transportation Plan, "AY Primary-Arterial Streets can convey a capacity between 30,000 to 48,000 = Average Daily Trips (ADT). Rodd Field Road's full-depth reconstruction, from ca Saratoga Boulevard to Slough Road was completed in 2021 . Street Urban Transportation Existing Section Traffic Plan Type Volume 130' ROW " d Rodd Field "AY Primary-Arterial 44' paved 10,834 Road Street 30' median ADT (2018) 4 travel lanes Staff Summary: Development Plan: The subject property is 9.7 acres in size. The owner is requesting a Special Permit to allow for a larger wall-mounted sign for a place of worship. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District and consists of a place of worship (Church Unlimited). The place of worship constructed in 2014 is a 32,000 square foot building, a 5,000 square foot canopy and 224,623 square feet of parking for public/semi-public use. To the north as well as east is property zoned "RM-1" Multifamily District with the existing use being medium density residential (Southlake Ranch Apartments, vacant). Additionally, to the north is property that is vacant zoned "FR" Farm Rural District. To the south are properties zoned "RS-6" Single-Family 6 District (Kolda Elementary) with existing land use being public/semi-public as well as "RS-4.5" Single-Family 4.5 District with low density residential uses (The Cottages at Southlake). To the west is a property is zoned "CG-2" General Commercial District and with the existing land use indoor recreation (The Moose Lodge 734) as well as vacant property zoned "FR" Farm Rural 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. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for high-density residential uses. The proposed rezoning to the "RS-6/SP" Single-Family 6 District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). Unified Development Code Consistency: Signs §7.5.1 Purposes 0 To protect the City's appearance and the quality of life of its citizen Staff Report Page 3 • To establish standards and provide controls that permit reasonable use of signs and enhance the character of the City • To support and promote the use of signs to aid the public in the identification of businesses and other activities, to assist the public in its orientation within the City, to express the history and character of the City, to promote the community's ability to attract sources of economic development and growth, and to serve other informational purposes • To protect the safety and efficiency of the City's transportation network by reducing the confusion and distraction to motorists, reducing collision hazards and enhancing the motorists' ability to see pedestrians, obstacles, other vehicles, and traffic signs. • The Unified Development Code (UDC) has specific provisions for the placement of signs for noncommercial uses in single-family zoning districts. Section 7.5.13.E Freestanding and Wall Signs for Noncommercial Uses states, "Wall signs for noncommercial use located on the premise may not exceed 40 square feet each and may not be illuminated." Department Comments: The proposed rezoning is consistent with the Future Land Use Plan (Plan CC) of the Southside Area Development Plan; however, the following should be considered: • The Special Permit is to permit a larger wall-mounted sign for a place of worship • Property will maintain base zoning of "RS-6" Single-Family 6 District • Due to distance from adjacent properties the signage will not negatively impact adjacent properties as the wall-mounted sign will only be located on the portion of the building facing Rodd Field Road. 0 350 feet from properties to the north 0 320 feet from properties to the south 0 390 feet from properties to the east 0 375 feet from properties to the west and Rodd Field • Currently, subject property owners are limited to a wall sign of 40 square feet in area and the sign may not be illuminated • Proposed signage will aide in identification of the property and enhance safety as the church campus has one entrance along Rodd Field Road which has a posted speed limit of 45 m.p.h. Staff Recommendation: Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS- 6/SP" Single-Family 6 District with a Special Permit with the following conditions: 1. Uses: The only use(s) authorized by this Special Permit are those permitted by right in the base zoning district as per the Unified Development Code (UDC). 2. Sign Provisions: The wall-mounted sign for the subject property shall be permitted based on the following conditions: Staff Report Page 4 a. The maximum size of sign area shall not exceed 25% of the building wall square footage for the building elevation that faces Rodd Field Road. b. The sign must be attached flat against the wall of the building and shall not project more than 36 inches from the building or structure. c. The sign may be internally illuminated. 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete sign permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Number of Notices Mailed — 20 within 200-foot notification area. 4 outside notification area = As of January 10, 2021: 0 In Favor — 0 inside notification area — 0 outside notification area z0 In Opposition — 1 inside notification area — 0 outside notification area a Totaling 0.68% of the land within the 200-foot notification area 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/Totalsquare 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 5 FR 1 C6. 2 S? f, SUBJECT1% PROPERTY I CG-2 i3 $ 2 6 0 9 �s Rs-6 1. }2 7 fA t Gx1 da:4{ -a aar i} LSG `s 0., V R.Y.mcl Pr.4ar� `3F'.' .�' • dartrrtr:rrr t.l.ar lo�..mrs Sai rca, Case ## 0722-03 ZGNfNG & N07IGE AREA P RM-t hjImui I uprt r7au-ral RM-E hY--1a^sl:2 H -aas}Irc uu:rLal u r RMS Milllramlly 3 PUd Planrac Urk D-C-rkw ON Pi',:.I—1{:ffl, R&A }ryalb-FamllV 19 WR RM-RT MullHmNly ATFl }-,Oleoma-�I y 4 CH-1 rlelyhb lh-d ponnmeroFal P'IS lA6 8 r7"ra^}I-f CM,t rN/Wb tgc-0CY11mMfalal Ra-TF r F.vr'lly aT CR-1 P---d dommerclal R&.16 },glo-Famlly 16 d C" fINGWt CARYrrJIMFaI ReLltlemlal Eclada C�p a.l 004 awxralCnmrrrrald RE-TH 7—heuca LOr�11N C,huYt,ark C8.2 [telt 1Cpr�Yr . yP Speslal Perreh CI Mentlre Comemmlal Z• Raoremb-MYehlele Pari CH ClpYirm0—r-1 erelal RYH Wnrlmoturatl Hark CRS Placed CormrerHal FR Farm Rurd y H Hlc t---wrler BP L4rtlnecc Par! E mowi+i.Nr' ❑S., ® —P-p.rrr Au,ae< r:.wr City of Xr Lx� ILOCATION MAP —'�w. Christi Staff Report Page 6 Yaars'orta whh daaliftes plaw4V to atiend this meeting,vAroo may raquMe coeval services are reauosted to coMavi the Develrprrwrt SaPAM oaparlin,*t at lisest 40 hours in advance at{361y 926-3240 Pefsonas coir itrcuapS,d84a&. 14-n tis rr+teecido oe as x_ll_r_ ash iurtr r un I t I min sraYicios respWilihK ea tae blt24%,ou den aveto AS bM mntes de la unla IlarraMlp 6I.QBpartar_fmo...-t4-m-co=6 9q d4sanndNt�MM wimisre 1351]t32ti32W. 0 you wnsn to aadraw the Cwrrnecsicn cwirv4 lwe meunrng And your 6 's rrr4ad pwase cold the Derelopr"Services nepartnnen^ar{38AI 826-3240 al ioaaf AS hours in Aaxancs to wques!an rrtr+rpreter ba pre:_rr.during the >Cet ng 5 kioWQQ r 4n.di:ra+rte Is runla Ys++in®pax as arnrtarta,fat+Ata1A-II r�l�r a':epa{16 Ujntu de sarYcios oe desenea1+a a ritime.,-iti,I bC al mens ag hwas arrt�es p,,jj jynta.Darascirc(str,�th. y•-es�rre.oirar.te.ia.lt:,lts CITY PLANNING COMMISSION' PUBLIC HEARING NOTICE Rezoning Case No. 0122-02 Church Unlimited has petitioned the City of Corpus Christi to consider a change cf zo 7 ng from the"RS-6" Single Family ti District to the"RS-61SP"Single-Eamihr B District with a Special Permit,not resulting in_a chanj3a to the Future Land Use ItillaD The proposed Change of zonina is to allow for a larger wall Sid�..W... n on the property.The property to be rezoned is described as A prulyerty located ator near 3402 Rodd Field Road and described as Lot 1, Block 1. Bay Area at South Lake, located along the east side of Rodd Field Road, south of Brooke Road, and north of Airline Road- 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 zoning, d inconsistent with the City s Com prehe rsive 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 Time public hearing will W held Wednesday.January 12, 2021 during one of the Planning Commission's regular meetings. which begins at 6:30 .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(381)826-3240 TC BE ON RECORD THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P o BOX 9277 ;;ORPUS CHRISTI,TEXAS 78469-9277 ANY INFORMATION PROVIDED BELOW BECOMES R'uBI IC RF(,)P7 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 horse or office,or in person, by telephone call or by letter. Printed Narne! jli1l .J): Address. CttlfState'r '� + L6t"'1 -,fl. i ( p IN FAVOR 41N APPOSITION Phane: 544, M5_ IVd_j REASON: E y1"Z CIP AI-k-L, .* �I., y!r c= ' _ rtSZt1J Ta_p, ":- . + Gt , {�t,r r r'> w• Ez `fes e0 rn_1_M1"__r_i.r At 'Y 44""o Pal ,c .a ref iu °i $tore f /A ��-�"'��-✓} SE'E MAP ON RE VERSC-SAX Case 12202 1NFOR Case No 21214,045 Case i&nrger.Eleraa"ntallo Property c?wnef 1D 6 Einvii eienrabQoctaxas.com Zoning Case #0122-03 Church Unlimited Rezoning for a Property at 3402 Rodd Field Road From "RS-6" To "RS-6/SP" , � A O I� C� Q@� 0 0 P-op[E- @ r • City Council •• February 22, 2022 Zoning Pattern and Adjacent Development Currently Zoned:"RS-6"Single-Family 6 District Use: Place of worship(Church ra M��. � ®�° Unlimited). 2013 Building:Constructed in 2014 is a 32,000 square foot building,a 5,000 ij square foot canopy and 224,623 square feet of parking for public/semi-public 8.2 use. Q SUBJECT T Surrounding Uses: 0 FROMM North and East:Southlake Ranch o Apartments O South:Kolda Elementary and The Cottages at Southlake • West:The Moose Lodge 734 and • , vacant property Public Notification 20 Notices mailed inside 200' buffer N 4 Notices mailed outside 200' buffer FR Notification Area 1 H NS.i 1 Opposed: 1 (0.68%) R..1 u Separate Opposed Owners: 1 `G SUB.IECi PROPERTY nom$' �v C6-= �~ In Favor: 0 (0.00%) e Notified property owner's land in square = 6 3 ° feet/Total square footage of all property in ' 12 Z � 16 ns-t the notification area = v Percentage of public opposition 3 Staff Analysis and Recommendation Request: A larger wall-mounted sign for a place of worship Property will maintain base zoning of"RS- �r 6" Single-Family 6 District. A larger sign will not negatively impact w adjacent properties as the wall-mounted sign will only be located on the portion of G�h o I the building facing Rodd Field Road. Pl• Currently, subject property owners are f limited to a wall sign of 40 square feet in e° ;u area and the sign not be illuminated PROPERTY E�r % � 9 may as per UDC Section 7.15.13.E ° ref t Proposed signage will aide in identification of the property and enhance safety as the church campus has one <� entrance along Rodd Field Road which -s has a posted speed limit of 45 m.p.h. • Consistent with Future Land Use Map • PC &Staff Recommendation: Approval of Q _ Special Permit Special Permit Conditions 1. Uses: The only use(s) authorized by this Special Permit are those permitted by right in the base zoning district as per the Unified Development Code (UDC). 2. Wall-Mounted Sign Provisions: A wall-mounted sing shall be permitted based on the following conditions: a. The maximum size of sign area shall not exceed 25% if the square footage for the building elevation that faces Rodd Field Road. b. The sign must be attached flat against the wall of the building and shall not project more than 36 inches from the building or structure c. The sign shall only be internally illuminated. 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete sign permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Proposed Signage w 1�r>lurcwYMlLtmk�s „nl r wn+�r uwu .J uon of wea Llan r.:.w awrnn. Y■nl conn,prllY r.te 1 in�,r.J I u, ,.� uc curl. nr,• Ik IYT tIIL M1". '. I.lttl AMflff I ''1 YYu1 ,..lerllll Ytn ual '.... 62'9" utellluor. r111 uc: '''.,. �� •:ll:r1l.1l W:YtI1lV UU.'_. ', --clh-urchunlimitei 6 MOW r.m YYI�sr -- ------------- Y]I! SkCTIpN OkTAIL,TYP NTS m m • • '. churchunlimited •-. any �.'�`a• "+" ^ ri ' �. r -i' rL a 4 a'✓. 'k4 � a t� ` ✓ '1 e 't.FR � „; � .;;* �► _ �Ilr��r .. Gam,,,,, r � `"L'S,.�l�'• `�,k t 4� fix. ' ' '^;a„ ''� :� � f � '�:. .. r. 4 RS-6 # �4 ` Q V !dR � CG-2 �~ SUBJECT ' PROPERTY , Ik T fiery Q �a R �^ t Date Created:12 13/2021 0 250 500 Prepared By:ReyR Feet Department of Development Services 7 Case # 0122-03 Aerial with Subject Property �P 5 No<<.yqo Subject SUBJEC,T �a � Proertt �PROPERTIt o�gia�F P Y e� 4gP rr� p Cayo Dei Oso Qo Corpus Christi Bay oso� o o� q q1�0 1141-11. ? NN' E gq�FFi Map Scale: 1:2,500 ----- City o{ Oso c COr[JUS LOCATION MAP — — —"k Christi so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 03/08/22 1852 Second Reading Ordinance for the City Council Meeting 03/22/22 DATE: January 28, 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 5409 Lipes Boulevard CAPTION: Zoning Case No. 0122-04, Saratoga Palms Properties, Ltd: (District 5) Ordinance rezoning property at or near 5409 Lipes Boulevard by amending the Special Permit in the "RM-1/SP" Multifamily District with a Special Permit to increase density on 9.43 acres from 22 dwelling units per acre to 28 dwelling units per acre. SUMMARY: The purpose is to allow for construction of an apartment complex with increased density. The developer is proposing a 246-unit apartment complex consisting of three-story tall buildings with 466 parking spaces. The applicant is seeking to amend the existing special permit to allow a density of 28 dwelling units per acre. BACKGROUND AND FINDINGS: The subject property is 9.43 acres in size. The subject property was rezoned to the "RM-1/SP" Multifamily District with a Special Permit in 2015. To the north across Lipes Boulevard is Crossgate Park and residential homes zoned "RS-6" Single-Family 6 District. To the south are residential homes zoned "RS-6" Single-Family 6 District. To the east are two multifamily developments zoned "RM-1/SP" Multifamily District with a Special Permit and consisting of a combined 169 dwelling units. To the west is a vacant property zoned "RM-1/SP" Multifamily District with a Special Permit with a 60-unit apartment complex currently under construction and the Incarnate Word Convent zoned "RM-1" Multifamily District. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a high-density residential use. The proposed rezoning to the "RM-1/SP" Multifamily District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). Public Input Process Number of Notices Mailed 32 within 200-foot notification area 4 outside notification area As of January 29, 2022: I n Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area Totaling 0.81% 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 from the "RS-6/SP" Single-Family 6 District with a Special Permit. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Approval of the change of zoning from the "RS-6/SP" Single-Family 6 District with a Special Permit. Vote Count: For: 4 Opposed: 1 Absent: 4 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance rezoning property at or near 5409 Lipes Boulevard by amending the Special Permit in the "RM-1/SP" Multifamily District with a Special Permit to increase density on 9.43 acres from 22 dwelling units per acre to 28 dwelling units per acre. 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"), corresponding UDC Zoning Map of the City of Corpus Christi, Texas, and Ordinance No. 030434 is amended by amending the Special Permit in the "RM-1/SP" Multifamily District with a Special Permit to increase density from 22 dwelling units per acre to 28 dwelling units per acre on the subject tract described as a 9.43-acre tract out of Lots 6 and 7, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, as shown in Exhibit "A" and "B". The subject tract is located at or near 5409 Lipes Boulevard. 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 2022, 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 2022, 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 , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 6 Exhibit A U RS�N ENGINEERING Job No. 12097.0 1.02 November 3,2021 Exhibit A 2.431 Acre Tract STATE,OF TEXAS COUNTY OF NUECES Fieldnotes,for a 9.431 Acre,Zoning Tract,out of Lots 6,and 7,Section 6,Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume A,Pages 41-43,Map Records of Nueces County,Texas, said 9.431 Acre Tract being more fully described as follows: Beginning,at a 1/2 Inch Iron Rod Found,on the Southwest Right-of-Way line of Lipes Boulevard,a 60.00 Foot Wide Public Roadway,being the North comer of Lot 2,Block 2,Village at Henderson Subdivision,a map of which is recorded in Volume 69, Page 469, of said Map Records, for the East comer of this Tract and Point of Beginning; Thence,South 28°38'38"West,with the Northwest boundary line of the said Lot 2,the Southeast boundary of this Tract,a distance of 958.31 Feet,to a 1/2 Inch Iron Rod with a cap stamped"BCE,LTD RPLS 4540"Found, on the Northeast boundary line of Block 3,Graford Place Unit 3,a map of which is recorded in Volume 68,Page 144, of said Map Records,and for the South comer of this Tract; Thence,North 61°26'32"West,with the said Northeast boundary line of Block 3,a distance of 266.87 Feet, to a 5/8 Inch Iron Rod with plastic cap stamped"FRONTIER 10082900"Found for the South comer of Lot 1,Block 1 Avanti Legacy Bayside,a map of which is recorded in Volume 69,Page 469,o£said Map Records and for the West comer of this Tract; Thence,North 28°35'22"East,with the Southeast boundary line of the said Lot 1,Block 1,a distance of 502.19 Feet,to a 5/8 Inch Iron Rod with plastic cap stamped"FRONTIER 10082900"Found,for the East comer of the said Lot 1,Block 1,for an inner ell comer of this Tract; Thence,North 61°2438"West,with the Northeast boundary line of said Lot 1,a distance of 362.84 Feet,to a 5/8 Inch Iron Rod with plastic cap stamped"FRONTIER 10082900"Found,for an outter ell comer of the said Lot 1 and for a West corner of this Tract; Thence,North 28°35'22"East, continuing with the Southeast boundary line of said Lot 1, a distance of 416.44 Feet,to a 5/8 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX"Set,on the said Right- of-Way line of Lipes Boulevard,for a comer of this Tract; Thence,South 61°23'52"East,with the said Southwest Right-of-Way line,a distance of 116.71 Feet,to a 5/8 Inch Iron Rod with a cap stamped`Bass and Welsh"Found,for a comer of this Tract and the beginning of a circular curve to the Left,having a Delta of 11°31'54",a Radius of 623.94 Feet,an Arc Length of 125.58 Feet,and a Chord which bears South 67109'56"East,125.37 Feet; Thence,with said circular curve to the Left,a distance of 125.58 Feet,to a 5/8 Inch Iron Rod with a cap stamped`Bass and Welsh"Found,for a comer of this Tract; Thence,South 73°00'30"East,continuing with the said Southwest Right-of-Way line,a distance of 99.87 Feet,to a 5/8 Inch Iron Rod with a cap stamped"Bass and Welsh"Found,for a comer of this Tract and the beginning of a circular curve to the Right,having a Delta of 11°32'53",a Radius of 365.96 Feet,an Arc Length of 73.76 Feet, and a Chord which bears South 67°02'09"East,73.64 Feet; S:ISu[veyiag1120971C102ElOFFICE\NMTPS AND BOt1NDS112097C102E_202101027.docx Page 1 oft (361)854-3101 2725 SWANTNER DR..CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001. www.urbangng.com TBPE,Firm#145 e TBPLS Firm#10032400 Page 4 of 6 Thence,with said circular curve to the Right,a distance of 73.76 Feet,to a 5/8 Inch Icon Rod with a red plastic cap stamped"URBAN ENGR CCTX"Set,for a comer of this Tract; Thence,South 61124'20"East,continuing with the said Southwest Right-of-Way line,a distance of 218.07 Feet,to the Point of Beginning,and containing 9.431 Acres(410,796 Sq.Ft)of land,more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form, surveyor assumes no responsibility for its accuracy. 0.6449 Acre Tract is located within the City limits of Corpus Christi, Texas and a subdivision based on this sketch/description may be in violation of the current City of Corpus Christi subdivision ordinance. Also reference accompanying sketch of tract described herein. Of" URBAN ENGINEERING DA>�l !-EE UFtBItN . 4714 0'v4 SURQ Dan L.Urban,R.P.L.S. License No.4710 S:\Surveying\120971C102E\OFFICE\METES AND BOT.1NDS\12097C102E_202101027.doex Page 2 0€2 (361)854-3101 2725 SWANTNER DR..CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE,Firm#145 a TBPLS Firm#10032400 Page 5 of 6 Exhibit B `Point of Ha/innlo�' Lipes Boulevard ^ eo'a,o.w '2 C2 S61'24'20'E 218.07 2 � 25'arainage Easement(Doc.8C 1740,o.R.R.N-C-T. 2a'Y.R. i L1 C1 ----- -------------------------- -1ou.c,= - dYR.r - - I I I CUR LTA ANGLE RACIUS C TH CHORD BEARING CHORD Cl 1131 54 623.94 125.58 567'17956 E 1p5.37 C2 11.325 3 1'3253 365.96 73.76 56702 09 E 173.54 li LINE BEARING DISTANCE it L7 S61'23 52 E 116.71 I 1-2 573'00 30 E 99.87 ka I I Leaen i I I I 05/8 Inch Iron Rod with red plastic cap I I I' stamped " URBAN ENGR CCTX" Set I I l e 1/2 Inch Iron Rod With cap stamped wl 1• "BCE, LTD RPLS 4540" Found 1 9.431 Acres ^i •I/2 Inch Iron Rod Found 410,]98ai I e 5/5 Inch Iron Rod with plastic cap stampad 'BASE AND WELSH ENGR" Found I I I i AS/8 Inch Iron Rad with red plastic cap I i I stamped ° FRONTIER 10082900" Found � ILO I � I i N61'24'38'W 362.84' ; I r I M I D] I Ih ` N V1wi-------------------------------- - x I I I Lot 1, Block 1 c Avenb Legacy Beyalde i N m Vol_ 69, Pg. 469 I v Map Records of Nueces County, Texas i o m rn m N o I � I W os= ExhibitB -a>' N I N Sketch to Accompay M n I I eo s FIELDNOTES for a 9.431 Acre, Zoning Tract, i lI Z out of Lots 6, and 7, Section 8, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41—43, Map Records of Nueces County, Texas. I ------------------------- I ---------------------------------------------------- ------ -----------------------______ __ -199ba18A01,CPRNC.T.Z- _____ ________ ----- ------ ----- --19v.:.- ------ ------ ------ ----N61 6*32'W 266.87----------- 18R 20 21 22 23 24 25 26 27 le 29 7a Black 3 Graford Place Bnit 3 Vol, 68, Pg. 144 1 Map Records of Nueces County, Teras 25'YR. Graford Place DATE: Nov. 5, 2021 Caneral Nota, URE AN SCALE: 1'=100' 9.431 Aere T—d 1. heated within the City JOB NO.: 12097.C1.02 rmu� of Carpus Christ'. Teras and o ENGINEERING SHEET: 1 of 2 subdivision based on this sketch/descrlption may be in violation of the current City ar DRAWN BY: XG Corpus Christi subdivision ordinance. urbansu—yl Mrbaneng.cam 02021 by Urban Engineering Page 6 of 6 Ordinance amending the Unified Development Code ("UDC"), upon application by The Convent Academy of the Incarnate Word ("Owner"), by changing the UDC Zoning Map in reference to 26.32 acres out of Lots 6 and 7, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6" Single-Family 6 District to the "RM-1/SP" Multifamily 1 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of The Convent Academy of the Incarnate Word ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 14, 2015, during a meeting of the Planning Commission, and on Tuesday, February 10, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by The Convent Academy of the Incarnate Word ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 26.32 acres out of Lots 6 and 7, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Lipes Boulevard approximately 650 feet west of South Staples Street (the "Property"), from the "RS-6" Single-Family 6 District to the "RM-1/SP" Multifamily 1 District with a Special Permit(Zoning Map No. 045032), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the following condition: 1. No structures or dumpster enclosures within 50 feet of the southern property line adjacent to the single-family residential district. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. c1 .30434 INDEXED SECTION 5. 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 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. 0115-01 Ordinance-SP-The Covent Academy of the Incarnate Word.docx Page 2 of 3 The foregoing ordinance a read for the first time and passed to its second reading on this the W may of , 20_LS by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on � this the ay of , 2019, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the 444ayof 20_L. ATTEST: Rebecca Huerta Nelda Martiftbz City Secretary Mayor EFFECTIVE DATE 2J-S030' 434 r 0115-01 Uroinarit; - - I n Academy of the Incamate Word.docx Page 3 of 3 MURRAY BASS,JR., P.E.,R.P.L.S. 3054 S.ALAMEDA,ZIP 78404 Nlxok M.WELSH, P.E.,R.P.L.S. 361 882.5521— FAX 361 882-1265 www.bass•wclsh.com e-mail: murravirPaol.com e-mail: nixmw(aaol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 Field Note Description 26.32 Acre Tract May 16,2012 Being a tract situated in Corpus Christi,Nueces County,Texas a portion of Lots 6 and 7,Section 6, Flour Bluff and Encinal Farm and Garden Tracts as shown on the map thereof recorded in Volume "A"at Pages 41 through 43 of the Map Records of Nueces County, Texas and being generally described as the east 26.32 acres of that 41.32 acre tract described in the Warranty Deed to Convent Academy of the Incarnate Word recorded under Clerk's File No.2006056129 of the Official Public Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 518 inch iron rod found at the northeast comer of the heretofore referenced 41.32 acre tract for the northeast comer of this tract; THENCE S 28057'10"W along the east boundary of the 41.32 acre tract and the west boundary of Lot 1-A,Block 1,Stonehenge,Unit 1,a map of which is recorded in Volume 64 at Page 286 of the Map Records of Nueces County,Texas and Lot 1,Block 1,San Marin,a map of which is recorded in Volume 57 at Page 193 of the Map Records of Nueces County,Texas,a distance of 958.04 feet to a 518 inch iron rod found for the south boundary of Henderson Street, a public roadway, the southeast comer of the 41.32 acres,for the southeast comer of this tract; THENCE N 61004'37"W along the south boundary of the 41.32 acres,a distance of 1,209.58 feetto a point for the southwest comer of this tract,said point being the southeast comer of a heretofore described 15.0 acre tract; THENCE N 28055'23"E across the 41.32 acre tract,along the east boundary of the 15.0 acre tract,a distance of 918.67 feet to a point In the south right-of-way line of Lipes Boulevard the northeast comer of the 15.0 acre tract and the northwest comer of this tract; THENCE along the south right-of-way line of Lipes Boulevard S 61602'50" E a distance of 176.50feet to the point of curvature of a curve to the left; THENCE along said curve to the left whose radius is 623.94 in an easterly direction,a distance of 125.64 feet to the point of tangency of said curve; THENCE continuing along the south right-of-way line of Lipes Boulevard S 72°35'03"E a distance of 100.00 feet to the point of curvature of a curve to the right; THENCE continuing along the south right-of-way line of Lipes Boulevard on said curve to the right, whose radius is 365.96 feet in a southeasterly direction, a distance of 73.69 feet to the point of tangency of said curve; 07013-Fie4d Note Desc3.doc Page 1 of 2 Exhibit"A" THENCE continuing along the south right-of-way line of Upes Boulevard,S 61°02'50"E a distance of 737.59 feet to the POINT OF BEGINNING, forming a tract embracing 26.32 acres. MUEtfiAY BASS.J %9,.2128. �R- rray Bass,Jr.,R.P.t_.S. r 9 8•�8 j,1`���'y0 i Note Basis of Bearing is the west One of the 41.32 acre tract Vii; Lj s i4 07013-Field Note Dmldoc Page 2 of 2 Exhibit"A" ,f �r A \�A 69 9 g6" CORPUS CHRISTI RETIREMENT 1�0' 36 PSU .t]ARIVIIENCE ADDITION\.��yS6rOFj V. 46, PAGES 171 do 172, M.R.N.C.T. G "E S61'02'50"E 737.59' U S BLVD. S72 35.0 Fnd S61'02'50"E a 100.E ( Point of Beginning z 176.50`•1j'L1�p'�4 OZ to to 0 o 0 '•� i OD coo ( N I rn V_ I 0 ( I iv w Area = 26. 2 Acres o 1 N N I r Z I -Ln La in in z ip 60 I civ ri I N 2 I to rn I I a. I I ; I I i I I I I ' N61'04'37 1209.58' .HENOERSON ST LOT 6, SECTION 6 I LOT 7, SECTION 6 G I FB & EF do GT I FB do EF k GT VOL. A, PGS.41-43, M.R.N.C.T. VOL. A. PGS.41-43, M.R.N.C.T. O 4:Q. � 0• ..:.................. 11tXtRAY BASS, JR. 7 2128 ..'0 RO OSED REZONING-RESIDENTIAL CONVENT ACADEMY OF THE INCARNATE WORD-APPLICANT Boss & Welsh Engineering .be Na 07013 3054 So. Alameda St. &de: 1"-200' Corpus Christi, Tx. 78404 Date:6/01/12 (3(`61) 882-5521 (p(hon)e) Drawing No: 07013UR FlRMi361 —1265 REGI882 SIRATION NC5. F-52 mot �SheM 3 of 3 • Exhibit"B" PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI Countof Nueces } Ad#455783 PO 4 Before me,the undersigned, a Notary Public,this day personally came GEORGIA LAWSON,who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER,namely,the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg,Jim Wells, Kleberg, Live Oak,Nueces,Refugio, and San Patricio,Counties,and that the publication of NOTICE OF PUBLIC HEARING TO CONSIDER which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 01/25/15 Sun CC-Internet- caller.com 01/25/15 Sun LEGAL SALES REPRESENTATIVE On this ag day of , 20 1 5 I certify that the attached document is a true and exact copy made Jyplli3sher�. `.`+ ==Fs Nota Public, State of Texas ='c _. I 6E January 25,2015 CALLER-TIMES g NOTICE Of PUBLIC HEARING' TO CONSIDER.RE-ZONING APPLICATIONS)IN THE CITY Qf CORPUS CHRISTI Notice herebygiven that the Corpus Christ! it Council will conduct a public hearing on February 10,2015 during' a regular Council meetingg which commences at 11:30 a.m. in the Council Cham- bers,City Hall,1201 Leopard, to consider_the following zoning application(s) which are on.file m the Department of Development Services.At said time&place of.hearing,. persons&parties interested., may appear before the City Council:, lventt Academy of Inco-. nate Word: From the "RS- 6" Single-Family 6 District to the "RM-1 Multifamily 1 District. The property to be rezoned is described as being 26.32 acres out of Lots 6 and 7,Section 6,,Flour Bluff and Encina)Farm and Gar- den Tracts, located along the south Side of Lipes Bou levard approximately '650, feet west of South Staples Street(FM 2444). 011 , 2. Case No. 5-92 Supers- or H&H Development LLC: From the "CG-2" General Commercial istrict, "ON" D Office District and "RS-6" Single Family 6 District to the "R5-4.5" Single-Family 4.5 District.The property is described as being a 30-acre tract of land out'of Lot 2, Block 1, Saratoga Medical: Center Subdrvision and out of Lots 5 and I , Section9, Bohemian Colony Lands, located north of Saratoga Boulevard(SH )an west of Norchester Drive. 3�saae�eu�OLlp15-O From MPM the "115-22"Single-Family 22 District to. the'RS-15"Sin- property to b District. The - e rezoned is described as Lots 1 through' 7,Block 1 and Lots t through 4 lolcated'nearEthetSouth South- east corner.of South Staples Street(FM 2444)and South Oso Parkway. `Information may be obtained Department of Deveor lopgment Services at (361) 826-3240, 2406 Leopard Street. /s/Rebecca City Secretary PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad#471113 PO# Before me,the undersigned, a Notary Public,this day personally came GEORGIA LAWSON,who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER,namely,the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas,Bee,Brooks,Duval, Jim Hogg,Jim Wells, Kleberg,Live Oak,Nueces, Refugio, and San Patricio,Counties,and that the publication of NOTICE OF PASSAGE OF ORDINANCE(S)NO which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 03/02/15 Mon CC-Internet- caller.com 03/ /15 Mon E SALES REPRESENTATIVE On this day o 0, a 20—ITI certify that the attached document is a true and exact copy made by publisher. Notary Public, Sta of Texas h MICHELLE JOYCE CABRERA My Commission Expires March 19,2016 4E March 2,2015 1 cALLER-TIMES AS2155"s NOTICE OF PASSAGE OF ORDINANCES) NO. 030434, Ortltlinance amending,the Unified Devel- opment Code("UDC"),upon application by The Convent Academy of the Incarnate Word ("Owner"), by chang- ing the UDC Zoning Map in reference to 26.32 acres out of Lots 6 and 7, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6" Single-Family 6 District to the "RM-1/SP" Multifamily 1 District with a Special Permit; amending the Comprehensive Plan to account-for any deviations;. and providing for a repealer clause and publication.This ordinance was passed and approved on second reading by the City Council on Febru- ary 24,2015. /s/Rebecca Huerta City Secretary PLANNING COMMISSION REPORT Case No. 0122-04 INFOR No. 21ZN1051 Planning Commission Hearin Date: January 12, 2022 C Owner: Saratoga Palms Properties, Ltd. o Applicant: Urban Engineering u .� Location Address: 5409 Lipes Boulevard a N Legal Description: 9.43-acre tract out of Lots 6 and 7, Section 6, Flour Bluff Q °� o and Encinal Farm and Garden Tracts, located on the south side of Lipes Boulevard, west of South Staples Street, and east of Sun Wood Drive From: "RM-1/SP" Multifamily District with a Special Permit To: "RM-1/SP" Multifamily District with a Special Permit 'Es Area: 9.43 acres N Purpose of Request: To allow for the construction of an apartment complex with increased density. Existing Zoning District Existing Future Land Use Land Use Site "RM-1/SP" Multifamily District Medium Density High Density with a Special Permit Residential Residential ca Permanent Open Park and Low Space and E N North "RS-6" Single-Family 6 District Density Medium Density o Residential N Residential South "RS-6" Single-Family 6 District Low Density Medium Density Residential Residential LU East "RM-1/SP" Multifamily District Medium Density High Density with a Special Permit Residential Residential West "RM-1/SP" Multifamily District Medium Density High Density with a Special Permit 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 high-density residential use. The proposed rezoning to the "RM-1/SP" Multifamily District with a o a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). Q City Council District: 5 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 630 feet of street frontage along Lipes Boulevard which is designated as a "Cl" 0 Minor Collector Street. According to the Urban Transportation Plan, "Cl" Minor a N Collector Streets can convey a capacity between 1 ,000 and 3,000 Average Daily L Trips (ADT). Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic � Plan Type Section Section Volume " O Lipes 40paved 35paved 60' ROW 60' ROW Cn d p Boulevard "C1" Minor Collector N/A Staff Summary: Development Plan: The subject property is 9.43 acres in size. The developer is proposing a 246-unit apartment complex consisting of three-story tall buildings with 466 parking spaces. The applicant is seeking to amend the existing special permit to allow a density of 28 dwelling units per acre. Existing Land Uses & Zoning: The subject property was rezoned to the "RM-1/SP" Multifamily District with a Special Permit in 2015. To the north across Lipes Boulevard is Crossgate Park and residential homes zoned "RS-6" Single-Family 6 District. To the south are residential homes zoned "RS-6" Single-Family 6 District. To the east are two multifamily developments zoned "RM-1/SP" Multifamily District with a Special Permit and consisting of a combined 169 dwelling units. To the west is a vacant property zoned "RM- 1/SP" Multifamily District with a Special Permit with a 60-unit apartment complex currently under construction and the Incarnate Word Convent zoned "RM-1" Multifamily 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: 12-inch C900 line located along Lipes Boulevard. Wastewater: 12-inch VCP line located along Lipes Boulevard. Gas: 8-inch Service Line located along Lipes Boulevard. Storm Water: 48-inch line located along Lipes Boulevard. 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 high-density residential use. The proposed rezoning to the "RM-1/SP" Multifamily District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • 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) • Support the separation of high-volume traffic from residential areas or other noise- sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Staff Report Page 3 • Encourage direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC) and compatible with the adjoining properties. • The original Special Permit approved by Ordinance #030434 was allows a density up to 22 dwelling units per acre and to prohibit dumpsters being located less than 50 feet to the shared property line with the residential homes to the south. • Based on the existing Special Permit, the maximum capacity of units available without the rezoning is 207 dwelling units. The applicant is requesting to construct 246-units which is a difference of 39 units. Staff Recommendation: Approval of the change of zoning from the "RM-1/SP" Multifamily District with a Special Permit to the "RM-1/SP" Multifamily District with a Special Permit. Number of Notices Mailed — 32 within 200-foot notification area. 4 outside notification area As of January 6, 2022: ° In Favor — 0 inside notification area — 0 outside notification area 0 In Opposition — 1 inside notification area Z — 0 outside notification area a Totaling 0.81% of the land within the 200-foot notification area 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 Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 5 kI JQI `V 32 I� 12 RM-1 0 9 27 RS-TF 17 3f / 28 �3-o SUBJECT, PROPERTYI j by s 20 Sp 1/5-0 3 '15 C 27 i �FQ� 16 RM-1 Q,pt '7 13 1 Fy- 4 23 24 22� — 4 h► 29° a CN-1 3 19 25 14 jAP$ B ,cO 7 ' xU )jRO _ �aie Crearetl:7via2A27 C G Prepared By:ReyR Feer ��. 1lapartman[of0evelopmenr Sees Case # 0122-04 � ZONING 8 NOTICE AREA -- INMultifamily I IL Light Industrial _ RM-2 Mulfifamily2 IH Heavy Industrial F we, SUBJECT `\ RM-3 Mulefamily3 PUD Planned Unit Div.Overlay ON ProfessI—I ffice RS-1e, SingleFamily10 � PRO;IE a RM-AT Multifa mi ly AT5 1 Neighbod*ood Commercial RS-S Single-Family CN- _—__—.--- RSSingle-Family 4.b v CN-2 Neighborhood Commercial RS-TF.TF 7-Family / CR-1 Res ort Commercial Rb-15 Single-Famlly l5 _ ___ CR-2 Resort Commercial RE wntlal Estate Townhouse CG-1 General Commercial RS-iH Townhouse __y, \ C us Chri 1Hay CG-2 General CommercialPermit Cl Intensive,Commercial SP Spacial RY Recreational YBhI010 Park ieoq P o` CBD Oca. Co Commercial I RMH Manufactured Home 'rry CR-3 Ra. Commemlal FR Farm Rural i H Hatonc Overlay HP Buelmisa Park City o wi�200'b.erly pnners -1- // `Jp ® rh 200'bul(er O fawn $ � � CUr � 4Owaarswihm20o,usied- X alae LOCATION MAP cc aaad'adaana..;r,v,ladle n oFpazni�r, Stl Staff Report Page 5 Persons With d"AWes planning to Jifteirid this Meeting,was FrAy require speciial secAdllis,are retlialieW to cwtact lhe Development Services. Department at least 48 hours in advance at(361!826 3240 i•_tieneo JjL iftr Csr do as wuiere#r$e-M—Ml iftD02AM2_kL*0LuPl'cJ Aue der_avalio 48 hc�s antes do IN No jjm3nJg al-departa"ntode se rvpp ft d"Ime" a&imw9_JMn 821LI240 tf you wish lo address the Commia&an during lhe treWing and your Fngfivi I lirrAod•ipicea5e call'fle Deveicprnent Services Oepadrr*M U(361) 82&3240 at least 4;9 1,:~j,�ir,advance to request an interpreter be present curing the meetng S,Lged deseagingirse a le com"issipp dwante I runtR v su�ng1�.e!,1a rmra�c 'awsar de,tamer ai dip-ertaprsento de sea'wrr�ae de desarro�llo al nurrrerct C3t}tl 626.32i�ai mentis 4d txrras armee de to CITY PLANNING COMMISSION PUBLIC HEAR/N1177 NnTIr-F Rezoning Case No, 0122-04 Saratoaa Palms Properties, Ltd. has pettrcped the City of Corpus Christi to consider a change of zoning from the"RM-1/SP"Multifamily District with a Special Per to the"RMAISP"Multifamily District with a Sp±cial PermiL not resultlingin a char to the FutureULnd Use Map. The pro _ . posed development is a multifamily apantment complex. The properly to be rezoned is described as. A property located at or near 5409 Lipes Boulevard and being 9.43-acre tract out of LOU 6 and 7, Section 6, Flour Bluff and Encina( Farm and Garden Tracts, located on the south side of Lipes Boulevard, west of South Staples Street, and cast of Sun Wood Drive. The Planning Commission may recommend to City Council approval or dental,or approval of an intermediate zoning classification and/or Special Permit. Approval Of a change of zoning, if inconsistent with the City's Comprehensive Plan will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public heanng twill be held Wednesday, January..12, jpj?, during one of the Planning Commissions regular meetings, which begins at 5:30 Q.m., in the City Council Chambers, 1201 Leopard Street You are invited to attend this public hearing to express your views on this rezoning request For more information, please call(361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT P O. BOX 9277, CORPUS CHRISTI TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office. or in person, by telephone call or by letter, Printed Name Address: 9 1,1 fe NNioucc-"o- Dt k'j e City/State-CIX,VO.5 70' IN FAVOR IN OPPOSITION Phone ?jLj — tjCo�: L _1V0 _4 REASON SignatuW SEE MAP ON REVERSE&VE Case No O122-04 INFORCase No 21ZN105' Case Manager Andrew Dirras Pratierty Owner so 12 Email An0nmD2Q0dP_Ka9 cont Zoning Case #0122-04 Saratoga Palms Properties, Ltd. Rezoning for a Property at 5409 Lipes Boulevard From "RM-1/SP" To "RM-1/SP" .k N BUBJECIr Ifl ,ROPE � �Q ^�V City Council March 8, 2022 Zoning Pattern and Adjacent Development mm Currently Zoned: "RM-1/SP" Multifamily District with a Special Permit Quo Q�� ; IONo- Proposed Use: Qoo4F 246-unit apartment complex ° Surrounding Uses: SUBJEC Ir �01� FROPC ETV OO b 2@1,1 Cha=51 • North: Crossgate Park 63�1�9��P 3 300 LA-1 • South: Single-Family Flo-@ ION L'3 t1�9/�P X090 - Residences IgA Adhof c�b�� East: Multifamily developments West: Multifamily development under construction and the Incarnate Word Convent Public Notification 32 Notices mailed inside 200' buffer 4 Notices mailed outside 200' buffer Notification Area J6 .SUBJECT ¢� PROPERTY Opposed: 1 (0.81%) / �e Separate Opposed Owners: 1 6 20 /' \ RM 1, SP/15=0J 15 In Favor: 0 (0.00%) T�R9F0 16. RI!-t 13 /0 Notified property owner's land in square `�tivn 4�, a n , CN feet/Total square footage of all property in Pros tq,*, the notification area = N." Percentage of public opposition ��e` \ \�� \°�7- 3 Staff Analysis and Recommendation m• v, AICY._ � .. �/�'�`� ���o� =tx • The proposed zoning is generally SUBJECT 'ra [yp consistent with the adopted PROPERTY - Fse�, .' Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does have a negative impact upon adjacent properties. PC &Staff Recommendation: Approval vry� � f • A r ao�J r� S-6 Q. ►�' ;" r • a Of �t RM- T � � r SUBJECT <1 PROPERTY et�L M-1 RS- �;x w� ly r o P u a Qat � � r` 0° 250f Pre,p :A. �8y:ReyR .. Depar[men[of Develoopment Services Case # 0922-04 Aerial with Subject Property e F'\s SUBJECT Subject �'� PROPERTY 4 Property 5� Co us Chn !Bay oa f� �e Y 4 T W f FM-2444 OQ `/VtiM Map Scale: 1:3,000 �°h CiTy Of S LOCATION MAP Christi SC �o lh � p'0 F v NoAPoapYE° AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of March 08, 2022 DATE: March 08, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Gabriel Ramirez, Interim Director of Water Utilities gabrielr(a)-cctexas.com (361) 826-1202 Heather Hurlbert, CPA, CFGO, Director of Finance & Procurement heatherh3(a)-cctexas.com (361) 826-3227 Professional Services Contract Amendment O.N. Stevens WTP On-Site Hypochlorite Generation (A.K.A. Chlorine Storage and Handling Facilities Improvements) CAPTION: Motion awarding an amendment to a contract with Hazen and Sawyer for design and preparation of construction documents and related construction phase services to replace the chlorine gas system with an on-site sodium hypochlorite generation (OSG) feed system and a backup bulk sodium hypochlorite delivery feed system for the O.N. Stevens Water Treatment Plant(ONSWTP) in the amount of $3,454,000, for a total restated fee not to exceed $4,417,600 located in City Council District 1, with FY 2022 funding available from Water Capital Fund. SUMMARY: This professional services contract, amendment #2, provides for design and preparation of construction documents and related construction administration services to decommission the aging chlorine gas system and implement on-site chlorine generation system with bulk storage. BACKGROUND AND FINDINGS: The City owns and operates the ONSWTP that currently uses a chlorine gas system for disinfection. The chlorine gas system, originally installed in 1981, includes the 90-ton railcar storage area, gas measurement building, 1-ton container storage area, chlorine dioxide generation system, and eight (8) injection locations. Due to criticality of the process, safety concerns and anticipated future regulatory challenges associated with the use of chlorine gas, the City of Corpus Christi (City) is replacing the chlorine gas system with an on-site sodium hypochlorite generation (OSG - chlorine) feed system with a backup bulk sodium hypochlorite (chlorine) delivery feed system. Preliminary design (30%) of the project was completed in December 2020. The preliminary design scope included project schedule, construction cost estimates, and options for equipment that will be necessary to generate chlorine on-site, greatly reducing the risk and hazard to plant personnel and surrounding communities. This amendment provides for remaining design (100%), bid and construction phase services that will be necessary to complete the project. The scope of amendment#2 includes 100% design of: • Demolition of the existing chlorine gas system • Site and yard piping preparation • Access roads and utility improvements • New OSG-chlorine building, storage and containment facilities • New power control room (PCR) facilities (inside of OSG building) • Collaboration through design with the pre-selected OSG vendor, including workshops and site visits (Contracts awarded through separate agenda item) • Construction support through on-site project representatives and specialty disciplines • Assistance with startup, integration of the new OSG system into plant SCADA system, and development of process operations manuals At completion of the project, ONSWTP will be one of the largest OSG facilities in the United States. The conversion from 90-ton chlorine gas railcars to OSG will greatly enhance safety of plant personnel and surrounding communities by reducing risks and hazards associated with chlorine gas. PROJECT TIMELINE: 2022-2023 1 2023-2025 March - Feb M A M June - Dec Design Bid Construction Projected Schedule reflects City Council award in March 2022 with design completion in February 2023. Construction is anticipated to begin in June 2023 with anticipated construction completion by December 2025. COMPETITIVE SOLICITATION PROCESS: Hazen and Sawyer was selected for the FY 2017 Capital Improvement Projects, Parks Master Plan and Continuation Bond Projects, Part C—ONSWTP Chlorine Storage and Handling Facilities in February 2017 under RFQ 2016-06. ONSWTP Chlorine Storage and Handling Facilities was one of three selections that were announced under the Utility Projects Category of the RFQ. Hazen and Sawyer was selected from five (5) applicants for this project. The selection committee was comprised with representatives from the Utilities Department and Engineering Services. The final evaluation ranked Hazen and Sawyer the highest and recommended the firm as most qualified based five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience in chlorine design & process control for OSG facilities, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. Additionally, Hazen will work together with Ardurra on this project. ALTERNATIVES: Without this project, the ONSWTP will be operating an obsolete chlorine gas system, increasing risks and hazards associated with handling chlorine gas and compromising safety of plant personnel and surrounding communities. FINANCIAL IMPACT: This contract will award design, bid and construction phase services for the ONSWTP to replace the chlorine gas system with an on-site sodium hypochlorite generation (OSG) feed system and a backup bulk sodium hypochlorite delivery feed system to Hazen and Sawyer in the amount of $3,454,000, for a total restated fee not to exceed $4,417,600, project is located in City Council District 1, work will begin effective upon issuance of notice to proceed, with funding available from FY 2022 Water CIP. FUNDING DETAIL: Fund: Water 2020 CIP (Fund 4099) Mission Elem: Water Treatment (062) Project: ONSWTP On-Site Hypochlorite Generation (Chlorine Storage and Handling Facilities Improvements (E10144) reference project 21104 in the FY2021-2022 Capital Budget document Account: Outside Consultants (550950) Activity: E10144-01-4099-EXP Amount $3,454,000 RECOMMENDATION: City staff recommends award of the professional services contract in the amount of $3,454,000 to Hazen and Sawyer. The design phase is planned to begin in March 2022 with design completion in February 2023. Construction is anticipated to begin in June 2023 with anticipated construction completion by December 2025. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Contract PROJECT LOCATION e N SCALE: N.T.S. L ATI N MAP - - PROJECT LOCATION NOT TO SCALE a Q NUECES RIVER 624 ANNAVILLE �oF 77 0 oRR�p0R U W J _O N Z Q � 0 <FOp z � Y U � a ROBSTOWN z 44 44 CORPUS CHRISTI INTERNATIONAL AIRPORT 358 N m N N LOCATION MAP -� NOT TO SCALE I PROJECT NUMBER: E10144 O.N. Stevens Chlorine CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS VAI Storage and Handling DEPARTMENT OF ENGINEERING SERVICES — + ...... ' '0000 y u Opp a �� ,r" � � "+w, ' ,fir • .,�'� � �,_ x w� k + �. iG d 10, -Xi - • ' rf gym, 10e} , e O.N. • COUNCILCITY CITY OF CORPUS Storage and Handling DEPARTMENT DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 Service Agreement No. 1576 CITY OF CORPUS CHRISTI AMENDMENT NO. 2 to the CONTRACT FOR PROFESSIONAL SERVICES xsaa The City of Corpus Christi, Texas, hereinafter called "CITY," and HAZEN AND SAWYER, hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for O.N. Stevens V\/TP On-Site Hypochlorite Generation (A.K.A. Chlorine Storage and Handling Facilities Improvements), (Project E10144), as authorized and amended by: Original Contract March 6, 2018 Administrative Approval $49,500.00 Amendment No. 1 January 8, 2019 Motion No. M2019-002 $914,100.00 IN THE ORIGINAL CONTRACT, EXHIBIT A, SCOPE OF SERVICES, shall be modified as shown in the attached Exhibit A. IN THE ORIGINAL CONTRACT, COMPENSATION shall be modified as shown in the attached Exhibit A for an additional fee not to exceed $3,454,000.00 for a total revised fee not to exceed $4,417,600.00. All other terms and conditions of the March 6, 2018 contract between the "CITY' and "CONSULTANT" and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI HAZEN AND SAWYER (DocuSigned by: CIAAwtilit�Va �aSSauncu�u�c 2/7/2022 Jeff Edmonds, P.E. Date Chamindra Dassanayake, Ph.D., P.E. Date Director of Engineering Services Vice President and Southwest Regional Manager 8350 N. Central Expressway, Ste. 775 Dallas, Texas 75208 cdassanayake@hazenandsawyer.com APPROVED AS TO FORM DocuSign/Iki e''d11lby: I J WI "1 2/7/2022 F OAS'222�� Legal epar Ment Date AUTHORIZED BY COUNCIL Rebecca Huerta City Secretary DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 EXHIBIT A SCOPE OF WORK CITY OF CORPUS CHRISTI O. N. Stevens Water Treatment Plant Chlorine Storage and Handling Facilities Improvements CITY PROJECT NO. E10144 PROJECT DESCRIPTION: The CITY owns and operates the O.N. Stevens Water Treatment Plant (ONSWTP) that currently uses a chlorine gas system, originally installed in 1981, for disinfection. The chlorine gas system includes the 90-ton railcar storage area, gas measurement building, 1-ton container storage area, chlorine dioxide generation system, and eight (8) injection locations. Due to lack of redundancy, criticality of the process, safety concerns and anticipated future regulatory challenges associated with the use of chlorine gas railcars, the CITY of Corpus Christi (CITY) is replacing the chlorine gas system with an onsite generation system of sodium hypochlorite. The existing railcar facility, chlorine gas evaporation and feed equipment, 1-ton chlorine container storage area and associated piping will be demolished. The existing chlorine dioxide generator system that uses chlorine gas will be replaced a with a new three chemical system that use sodium hypochlorite, sodium chlorite, and hydrochloric acid. The purpose of this project is to design a new OSG system to replace the existing aging chlorine gas system. Hazen and Sawyer and its subconsultants (ENGINEER) will be responsible for the design of the following upgrades: • Site preparation • Access roads and utility improvements • New OSG building • New brine storage and containment facilities • New sodium hypochlorite bulk storage and containment facilities • New yard piping • New power control room (PCR) facilities with transformers and switchgear • New sodium hypochlorite feed pump building • New chlorine dioxide system room and sodium chlorite storage and containment facilities • New hydrochloric acid system storage and containment facilities • Demolition of the existing chlorine gas railcar system The proposed OSG facility will have the ability to generate up to 17,800 pounds per day (ppd) of 0.8% sodium hypochlorite, with the ability to expand to 22,100 ppd in the future. At completion of the project, ONSWTP will be one of the largest OSG facilities in the United States. The conversion from 90-ton chlorine gas railcars to OSG will greatly enhance the safety of the plant personnel and surrounding communities and reduce the risk and hazards associated with chlorine gas. As EXHIBIT A Page 1 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 such, design, and construction of an OSG facility of this size will be a complex, multidisciplinary effort. Keys to project success are describe in the tasks below and generally include: • An engineering team of national experts paired with local consultants knowledgeable of ONSWTP • Collaboration through design with the CITY of Corpus Christi and pre-selected OSG vendor including workshops and site visits • Construction support through onsite project representatives and specialty disciplines • Assistance with startup, integration of the new OSG system into the plant SCADA system, and development of process operations manuals • Multiple startup phases to expedite the conversion from chlorine gas • Operational flexibility to switch between OSG and bulk hypochlorite truck deliveries Preliminary Design Services for this project was completed in November of 2019. This task included preparation of the Preliminary Engineering Report (PER), 30-percent drawings, project schedule, construction cost estimates, site survey, subsurface utility exploration, geotechnical site work and laboratory analysis, and OSG equipment pre-selection. Since this time the CITY has experienced unprecedented events including a worldwide pandemic and extreme winter weather that have stressed supply chains and resulted in greater volatility in chemical and material pricing. As such, the CITY requested that the "Planning-Level Assessment of the Chlorine Gas System" (submitted February 21, 2018) be updated to reflect updated chemical pricing and new project drivers. The resulting analysis is documented in the "ONSWTP Disinfection Alternatives Evaluation (2020)" and the 2021 update. Based on current market conditions, expected capital costs, and pricing volatility it was recommended to continue with the design of an OSG system. The previously developed 30-percent design will be reviewed to confirm assumptions and basis of design criteria as well as considerations for the changes in market conditions. This contract amendment will include Task 2: Design Services, Task 3: Bid Phase Services, and Task 4: Construction Phase Services. The project implementation strategy is to design sodium hypochlorite storage and feed systems and a vendor supplied on-site generation system under one design package for a single CONTRACTOR to complete all construction. The benefit of this strategy is that the bid package will be tailored towards a single OSG system vendor, preselected by the CITY prior to beginning of design phase. The construction will be completed in two phases: 1.) Construction Phase 1 -the CONTRACTOR will construct and start-up the sodium hypochlorite storage and feed system and decommission the chlorine gas system, and 2.) Construction Phase 2 - the CONTRACTOR will construct and commission the OSG system and all other facilities and after successful start-up of the OSG facilities will demolish the existing chlorine gas system. EXHIBIT A Page 2 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 SCOPE OF SERVICES Basic Services 1. Preliminary Design Services (Completed in 2019) 2. Design Phase Services 2.1 Project Progress Meetings and Minutes ENGINEER will coordinate regular progress meetings. These meetings shall be used to coordinate ongoing issues, discuss project status and obtain input from the CITY. ENGINEER will prepare meeting agendas prior to each meeting and shall prepare draft meeting minutes within one week after each meeting and will finalize and distribute meeting minutes after review by the CITY's staff. The ENGINEER will prepare progress reports to support monthly invoicing. Scope Item Assumptions: • Meetings will be held at the Corpus Christi Utilities building or ONSWTP • Utilities and Engineering Services Staff will attend progress meetings. • ENGINEER's staff working on the project remotely will dial in by phone as necessary Meetings: • Five (5) two-hour progress meetings (monthly) with Utility and Engineering Services staff, including the Preliminary Design Phase Services task Deliverables: • Meeting agenda, sign-in sheet, and meeting minutes • Project progress reporting and invoicing 2.2 Project Coordination ENGINEER will coordinate: • The work of all subconsultants, including the leading of meetings with subconsultants to coordinate completion of work and adherence to schedules. • With the CITY's utilities staff for data requests and operations questions. • Will coordinate with Engineering Services regarding historical document and drawings requests. • Will coordinate with other on-going projects at ONSWTP. EXHIBIT A Page 3 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 The ENGINEER will provide the definition of project documentation and deliverables prior to the kick-off meeting, and the CITY and the ENGINEER will come to consensus on the level of detail for each submittal during the kick-off meeting. The ENGINEER will ensure project submittals are in accordance with the agreed upon deliverable level of detail. This effort will include: • The ENGINEER will provide monthly progress reports and one-month look-ahead summaries with invoices • The ENGINEER will develop and maintain an Action Items and Decisions Log. • The ENGINEER will develop and maintain a Risk Register. • The ENGINEER will develop and maintain a Submittals Tracking Log. Meetings: • Project Kickoff Meeting within 3 weeks of NTP • Up to six (6) one-hour meetings with CITY Staff and project representatives from other ongoing ONSWTP projects. Deliverables: • Meeting agenda, sign-in sheet, and meeting minutes • Risk register • Action Items and Decisions Log • Submittals Tracking Log 2.3 Detailed Project Schedule and Updates ENGINEER will prepare a project schedule that summarizes all the major tasks of the project, provides proposed construction sequencing, and the critical path of the project. ENGINEER will update the project schedule as the project progresses or changes occur. Meetings: Included under Subtask 2.1 Project Progress Meetings and Minutes. Deliverables: • Updated project schedule with each deliverable 2.4 60%, Pre-final (90%), and Final (100%) Design EXHIBIT A Page 4 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 The ENGINEER shall review previous design calculations and assumptions submitted to the CITY in November of 2019 for the Preliminary Design titled "O.N. Stevens Water Treatment Plant Chlorine Storage and Handling Facilities Improvements Preliminary Engineering Report". The ENGINEER shall conduct a workshop with the CITY Engineering, ONSWTP Operations, and Utilities Departments to review the previously submitted design and confirm assumptions related to system sizing, basis of design, location, control strategies, and layouts. Considerations for recent construction industry trends will also be included. Input and comments from the CITY will be documented in meeting minutes that will be distributed to the team. The overall input from the CITY will be considered to further develop the design submitted in subsequent deliverables. The detail design will involve development of a set of contract documents,which will include construction plans, details, specifications, and other documents to establish and depict the size, character, and extent of the entire project with respect to architectural, structural, site work, mechanical, instrumentation and electrical systems, and such other elements as may be appropriate. The contract plans will be prepared using 3D CAD software (Revit). 3D models will be generated and used for design review workshops. 2D sheet files will be created from the 3D models. Drawings such as civil discipline, electrical one lines and panel schedules, P&IDs, etc. will be developed using AutoCAD 2D 2021. As part of the final design, the ENGINEER will develop contractual conditions and instructions to bidders and will also update the project cost estimates and construction schedule, to reflect the level of design completion. As part of preparing the final design, the ENGINEER will conduct an internal constructability review. This review will focus on the ease with which the facility can be constructed at the selected site, be integrated with existing facilities, and avoid interferences and other obstacles that could cause construction delays or difficulties while maintaining plant operations. The ability to maintain existing facilities in service throughout construction will also be examined as part of the constructability review. Design documents will be submitted to the CITY at various stages during final design. The following deliverables have been established for design, which will be provided at the 60% and 90% design completion points, respectively: Deliverables for 60% Design Completion • Technical specifications • Plans, Sections and details for all disciplines • 3D models • Updated cost estimate and schedule Deliverables for 90% Design Completion • Updated Plans, Sections and details for all disciplines • Complete specifications • Electrical modeling, arc flash, and power study EXHIBIT A Page 5 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 • Updated 3D models • Updated cost estimate and schedule The 60% and 90% documents will be submitted to the CITY for approval. Upon receipt of the CITY's comments on the 60% and Pre-final (90%) deliverables, the ENGINEER will revise the set and issue Final, signed, and sealed bid-ready (100% complete) documents, which will include the "front-end" documents, along with the design drawings and technical specifications. Any changes from the Preliminary Engineering Report will be documented in a technical memorandum. Scope Item Assumptions: • The CITY standard front end (general and supplemental conditions and Division 1 specifications) documentation for inclusion into the contract documents will be obtained from https://www.cctexas.com/promo/standards-contracts • The CITY staff will provide comments to the ENGINEER on the drawings and specifications at each design milestone. Turnaround time on comments is assumed to be within 3 weeks. • The CITY staff will attend the 60%, 90% and Final submittal workshops. • The pre-selected OSG Manufacturer will enter into an agreement with an outside Construction CONTRACTOR to complete the work. The OSG equipment will be part of the Construction contract to provide single point of accountability. The CITY will not pre-purchase equipment from the OSG Manufacturer. • As part of the design process, coordination with the OSG manufacturer will be included. It is expected that the OSG manufacturer will provide review comments and optionally attend the design workshops during each phase of final design. • All permitting fees will be paid by the CITY. • It is assumed that there are no known hazardous waste contaminated areas, wetlands, endangered species, or other environmentally sensitive flora or fauna which may require additional efforts during design, permitting or construction management. • The CITY will obtain any necessary easements and rights-of-way. The CITY will also obtain any necessary agreements to ensure power supply increases are obtained in time for this project. The ENGINEER shall assist the CITY with development of the agreement from a technical perspective. • The ENGINEER will update on-site containment of storm water runoff taking into consideration the proposed facility. The ENGINEER will also finalize the Storm Water Pollution Prevention Plan (SWPPP) for the plant. • Submittals shall include one (1) electronic copy of CAD files and word documents, one pdf electronic copy of entire bid set, and three (3) sets of bound 8 1/2-inch by 11-inch specifications and five sets of half size (11-inch by 17-inch) drawings (hard copy) Meetings: EXHIBIT A Page 6 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 • Included under subtask 2.6. Deliverables: • 60% design review submittal • 90% (pre-final) design review submittal • 100% signed and sealed design submittal • Comment log with responses to CITY comments 2.5 QA / QC ENGINEER will document internal Quality Assurance and Quality Control review comments on the 60%, pre-final (90%), and 100% drawing and specifications. ENGINEER will address internal Quality Assurance and Quality Control review comments. Scope Item Assumptions: • The ENGINEER will provide a Quality Assurance and Quality Control review of all drawings and specifications in accordance with Hazen QA/QC standards. Deliverables: • QA/QC Plan 2.6 60%, Pre-final (90%) and Final (100%) Design Workshops ENGINEER will prepare a MS PowerPoint presentation and 3D model views for the 60%, Pre-final (90%), and Final (100%) Design workshops. ENGINEER will prepare meeting agendas prior to each meeting and shall prepare draft meeting minutes one week after each meeting, and will finalize and distribute meeting minutes after review by the CITY's staff ENGINEER will lead workshops to discuss the drawings and specifications. ENGINEER will incorporate comments from the CITY into the 60%, Pre-final (90%), and Final (100%) Design. Scope Item Assumptions: • The CITY staff will provide comments to the ENGINEER on the drawings and specifications within 3 weeks after submission. Meetings: • One (1) Preliminary Design Baseline Workshop • One (1) 60% Design Client Review Workshop EXHIBIT A Page 7 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 • One (1) Pre-final (90%) Design Workshop • One (1) two-hour Final (100%) Design Workshop Deliverables: • PowerPoint presentation for each of the Workshops • Meeting agendas, sign-in sheets, and meeting minutes 2.7 Permitting and Agency Coordination ENGINEER will meet with CITY Staff to discuss existing TCEQ permitting requirements and understand projected future permitting requirements. As needed, the ENGINEER will perform the following: • Prepare a letter and design submittal package to TCEQ providing notification for the recommended improvements to be performed for the OSG systems. • Coordinate with the CITY and different regulatory agencies, as required to obtain any permits for construction of the project. • Attend phone calls or in-person meetings with TCEQ to confirm regulatory requirements and present proposed improvements. • Address TCEQ comments from the plan review process and incorporate them into the contract documents. Scope Item Assumptions: • The CITY staff will provide information regarding permitting as needed. • The CITY will pay for any applicable permits. Meetings: • Two (2) one-hour meetings with CITY Staff to discuss permitting requirements • Three (3) one-hour conference calls with TCEQ to discuss permitting requirements Deliverables: • Submittal letter and design submittal package 3. Bid Phase Services The ENGINEER will assist the OWNER in developing bid documents including contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items. The ENGINEER will develop specifications and drawings to describe the size and character of the entire project, description of the materials to be utilized and such EXHIBIT A Page 8 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 other essentials as may be necessary for construction and cost analysis. The ENGINEER will assist the CITY during the bid period by performing the following tasks: • Participate in the Pre-Bid Conference to discuss scope of work and to answer scope questions • Review all questions concerning the bid documents and prepare and revisions to the plans, specifications and bid forms that may be necessary. • Assist in preparation of Addenda • Attend bid opening meeting and assist with the evaluations of bids • Assist with the review of the CONTRACTOR's Statement of Experience and confirm it meets the Contract Requirements. • Recommend contract award, based on the lowest responsive and responsible bidder. • Prepare a conformed set of contract documents including the issued Addenda. Scope Item Assumptions: • The CITY will prepare agenda materials for the pre-bid conference • The CITY will provide the CITY's updated standard and special provisions and forms for required bid documents. • The CITY will arrange for all documents and addenda to be distributed to prospective bidders. • The CITY will advertise the projects for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with assistance of ENGINEER) any addenda, and conduct bid opening. • It is assumed only one (1) Addenda will be issued to bidders. • The CITY will prepare and supply bid tabulation forms. • The CITY will receive the ENGINEER's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. • The CITY will prepare, review, and provide copies of the contract for execution between the CITY and the CONTRACTOR. • This Scope of Services does not include time for the ENGINEER to assist the CITY in the event of bid protests Meetings: • One (1) two-hour Pre-bid Meeting • One (1) two-hour bid opening meeting • One (1) two-hour meetings to discuss bids with the CITY Deliverables: • Bid Documents • Bid Review Form and recommendation for contract award EXHIBIT A Page 9 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 • Provide two (2) hard copy sets and one (1) electronic set of conformed drawings and conformed Contract Documents (PDF and original [CAD/Word/etc.]) to the CITY. 4. Construction Phase Services 4.1 Engineering Services During Construction The ENGINEER will assist the CITY during the construction phase, by providing the following engineering services: • Attend a pre-construction meeting with the CITY and the CONTRACTOR. • Attend monthly progress meetings to update on construction progress with CITY. • Attend monthly progress meetings with CITY to discuss other related, on-going projects at ONSWTP. • Review and approve submittals and maintain the submittal log. • Provide interpretations and clarifications of the contract documents based on the CONTRACTOR's requests for information (RFIs) and review required changes. Maintain RFI log. • Review CONTRACTOR pricing for change order requests. • Manage and review the O&M Manual deliverables required by construction contracts and by equipment suppliers. • Review the CONTRACTOR's requirement of providing electronic record drawings. • Make regular visits to the site of the project (twice monthly)to confer with the CITY project inspector and CONTRACTOR to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This effort is in addition to the project representative observation (from the CITY or other) and does not include continuous monitoring of the progress of construction. Assumes either Project Manager or Principal-in- Charge from the Hazen/LNV engineering team. • Assist CITY staff during the construction phase by providing assistance to confer with the CITY project inspector and CONTRACTOR to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. The following types of construction observation services are proposed: a) Daily Observation • Project Representative (services detailed in Task 4.2): o Reports daily to Engineer of Record (EOR) and ONSWTP Project Inspector (PI) o ONSWTP Project Inspector (PI) (provided by CITY) b) Regular Discipline Specific Observation • Regular inspection by EOR of each discipline (civil, mechanical, structural/architectural and Electrical/Instrumentation) c) Specialized Inspections EXHIBIT A Page 10 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 • As needed at key milestones and critical construction activities including equipment testing, startup, commissioning, and training d) Windstorm Inspections • As detailed in Task 4.6 e) Warranty Inspections • As detailed in Task 4.5 • Two staff from the ENGINEER to visit the manufacturers shop to witness and confirm testing and performance of the OSG equipment and PLCs. CITY attendance is optional. • Make final inspections with the CITY Staff and provide the CITY with a letter of substantial completion and letter of final completion for the project. These inspections and letters shall be prepared for (1) completion of the sodium hypochlorite storage and feed system, (2) OSG system and all remaining facilities, and (3) demolition of the chlorine gas facilities. • Review construction "red-line" drawings, prepare record drawings of the Project as constructed (from the "red-line" drawings, inspections and the CONTRACTOR provided plans) and deliver to the Engineering Services a reproducible set and electronic file of the record drawings within two (2) months of final acceptance of the project. All electronic data will be compatible with the CITY GIS system. Scope Item Assumptions: • All construction phase services will be billed to the CITY on a time & materials (T&M) basis. • Expected construction duration is 28 months, including startup and decommissioning of the chlorine gas railcar facilities. • CITY to arrange for a site inspector to continuously monitor the progress of construction • Due to the criticality and complexity of the project, specialized construction observation services will be required to allow for successful completion and start- up of the project. Project team members from different disciplines will be present on site during their discipline specific critical construction, installation, testing and start-up activities. Through such additional observations of CONTRACTOR's and SUBCONTRACTOR's work in progress and field checks of materials and equipment by Engineer's from different disciplines, the design team shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. • Total number of submittals is estimated at 360. Submittal review assumes 50% resubmittal • Number of RFIs is estimated at one per drawing. • The CITY will process applications/ estimates for payments to CONTRACTOR. The ENGINEER will review the pay applications and provide signature as required. • The CITY will conduct the substantial completion inspection and final complete inspection with the ENGINEER. Meetings: EXHIBIT A Page 11 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 • One (1) two-hour pre-construction meeting • Twenty-eight (28) monthly progress meetings • Twenty-eight (28) one-hour monthly meetings with CITY Staff to coordinate with other on-going construction projects at ONSWTP (can be conducted following monthly progress meetings). • Fifty-six (56) one-hour site visits (twice monthly and can be conducted following monthly progress meetings). • One (1) two-day Shop Test of OSG equipment • Two (2) two-day Shop Tests of ancillary equipment (Tanks, Pumps, PLCs) • Specialty discipline site visits assuming the following: o Civil: 100 hours o Structural/Concrete: 100 hours o Process: 220 hours o Electrical: 200 hours o Instrumentation and Controls: 120 hours o Architectural: 40 hours o Building Mechanical: 40 hours • Two (2)two-hour punch list walkthrough meetings for Sodium Hypochlorite storage and feed facilities • Four (4) two-hour punch list walkthrough meetings for OSG and other remaining facilities Deliverables: • RFIs • Change orders • Submittal reviews • Correspondence with manufacturer's certified factory acceptance test reports • Record Drawings • Meeting agenda, sign-in sheet, and meeting minutes • Project progress reporting and invoicing 4.2 Project Representative (PR) Services The ENGINEER is to provide a Project Representative (PR) to provide field observation services relevant to the design of the proposed project. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of Engineer and will confer with Engineer regarding PR's actions. PR's dealings in matters pertaining to the CONTRACTOR's work in progress shall in general be with Engineer and CONTRACTOR, keeping the CITY advised as necessary. EXHIBIT A Page 12 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 2. Conference and Meetings: Attend meetings with CONTRACTOR, such as pre- construction conferences, progress meetings, job conferences and other project-related meetings as required by the CITY and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of Engineer. 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued. 5. Shop Drawings and Samples: Shop Drawings review budgets are based upon up to 50% resubmittal for an approved status. Any additional reviews by the Engineer are beyond the scope of the project and additional fees will need to be procured from the CONTRACTOR. A. Receive Samples, which are furnished at the Site by CONTRACTOR, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise CONTRACTOR of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on-site observations of CONTRACTOR's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of CONTRACTOR's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise CITY and Engineer of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether CONTRACTOR has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. EXHIBIT A Page 13 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to CONTRACTOR, and other Project related documents. B. Prepare a weekly report utilizing approved CITY format, recording CONTRACTOR's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer and the CITY. C. Project Representative will review CONTRACTOR-prepared monthly pay estimates and forward to Engineer for approval. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of Engineer, the CITY, and CONTRACTOR and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. Scope Item Assumptions: EXHIBIT A Page 14 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 The PR shall not perform the following duties: • Undertake any of the responsibilities of CONTRACTOR or its SUBCONTRACTORs, nor direct any of their work. • Advise on or issue directions pertaining to any aspect of the means, method, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. • Advise on or issue directions about safety precautions and programs related to the CONTRACTOR's work. • Shall not approve any interruptions or modification of the CITY's facilities without the approval by the CITY. Meetings: • One (1) two-hour pre-construction meeting • Site visits are assumed at an average of 40 hours per month • Twenty-eight (28) monthly progress meetings • Two (2)two-hour punch list walkthrough meetings for Sodium Hypochlorite storage and feed system • Two (2) four-hour punch list walkthrough meetings for OSG and other remaining facilities Deliverables: • Weekly reports 4.3 Start-up Services The ENGINEER shall monitor startup activities and participate during the startup phases of the project. It is anticipated that a separate start-up phase will be performed for the hypochlorite storage and feed system and the OSG system. Participation shall include the following: The ENGINEER will perform the following: • Coordinate CONTRACTOR and OSG system supplier startup plan and make recommendations as necessary. • Develop Maintenance of Plant Operations (MOPO) document to sequence activities and minimize impact to plant operations • Review CONTRACTOR's start-up checklist • Observe the start-up testing and equipment troubleshooting for the bulk sodium hypochlorite system and OSG systems (each system start-up individually). • Confirm system operation baseline performance meets the specified conditions. • Develop an Operations and Maintenance Process Manual (including switch over from OSG to hypochlorite truck deliveries and coagulant changes). The O&M manual will be incorporated into the Cities existing overall ONSWTP electronic EXHIBIT A Page 15 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 O&M and will only address the new systems installed under this contract. The electronic O&M will: o Make sure the content is correct and current. o Develop good interface aesthetics and graphics to provide a pleasing user experience. o Make the manual usable through attention to proper organization and coherent navigation. o Provide a system that can be easily modified and/or expanded. o Make technology decisions that allow for integration of new technologies, without an excessive technology-maintenance burden on the CITY. o Contain links to vendor supplied O&M manuals for reference and troubleshooting o Be web-based to facilitate multiple users and allow for periodic updates • Review and manage operations and maintenance manuals required under the construction contract and provided by equipment suppliers • VVT (Verification, Validation, and Testing) plan for the entire system • Preparation of acceptance checklist and sign-off forms • Quality Assurance and quality control of all CONTRACTOR's start-up activities and sequencing. • Review CONTRACTOR's training plan and instruction materials for compliance with the Contract Documents Scope Item Assumptions: • CONTRACTOR is responsible for preparing, testing, and cleaning equipment prior to start-up as detailed in the project specifications. • CONTRACTOR to maintain start-up checklist • Two (2) start-up phases included in construction contract Meetings: • Sixteen (16) eight hour (full day) site visits to assist in calibration, testing, and troubleshooting of bulk sodium hypochlorite and OSG systems • Six (6) eight-hour start-up days (three per system) • One (1) four hour O&M Workshop to review new electronic O&M manual Deliverables: • Compiled Operations and Maintenance Manuals and Electronic O&M Process Manual • MOPO Document • Start-up Checklist 4.4 SCADA & Controls Integration Assistance The ENGINEER shall provide assistance to the CITY and the CONTRACTOR to ensure the appropriate control strategies are functioning properly prior to commissioning the bulk hypochlorite and OSG systems. The ENGINEER will perform the following: EXHIBIT A Page 16 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 • Assist the CITY in implementing the control strategies and assist ONSWTP staff with system integration. The control strategies will build on the existing monitoring and control logic at the ONSWTP. • Review PLC cutover checklist. • Witnessing of signal loop testing including electrical and instrumentation terminations. • Coordination of new signals with existing SCADA system. • Oversee process tuning during startup. Scope Item Assumptions: • OSG Manufacturer will provide Master PLC and local PLCs. Master PLC provided by OSG Manufacturer will include 1/0 for all other field equipment and instruments part of OSG and Bulk Hypochlorite systems. OSG Manufacturer to provide integration of Master PLC and individual local PLCs • OWNER to perform integration and programming of systems not covered under the Master PLC (OSG Manufacturer's responsibility). Meetings: • Two (2) forty-hour site visits (full week) to test and/or troubleshoot control strategies, signals, and SCADA operations • Two (2) eight-hour site visits to coordinate PLC cutover checklist. 4.5 Warranty Phase The Engineer will provide services during the 12-month warranty period for observing and reporting discrepancies under guarantees called for in the construction documents and provide assistance for resolution of defects to be corrected under warranty. The correction of any defects observed in the inspections is the responsibility of the CONTRACTOR and their SUBCONTRACTORs and suppliers. Meeting: • The Engineering team will conduct a site walkthrough during month 11 of the warranty period • A multi-disciplinary team of up to four (4) will attend a two day site walk with plant staff to document any deficiencies. Deliverables: • Correspondence with CONTRACTOR and equipment manufacturers reports on warranty inspections. 4.6 Windstorm Certification EXHIBIT A Page 17 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 The ENGINEER will perform the following: • Prepare and submit the WPI-1 form in accordance with the requirements of the Texas Department of Insurance (TDI) for Windstorm for the project WORK. • Review all necessary submittals required for the WORK, including but not limited to; reinforcing shop drawings, anchor rods, concrete mix design, backfill materials, steel shop drawings and all other project-specific items, to ensure conformance with the sealed project Construction Documents and for compliance with TDI. • Perform required inspections and prepare the required reports during the construction phase to visually verify all WORK is constructed as designed and detailed on the sealed Construction Documents. • Prepare and submit WPI-2 form to the TDI upon completion of construction. Scope Item Assumptions: • The CONTRACTOR shall provide at a minimum, 48-hour notice to the Windstorm ENGINEER / Inspector to schedule all required inspections for the project. • The ENGINEER is not responsible for failure by the CONTRACTOR to abide by the provisions and/or design and inspection requirements set forth on the construction documents. • Approval in writing must be provided by the Windstorm ENGINEER prior to any modifications, substitutions or alterations from the contract documents that may be proposed during construction. • The CONTRACTOR shall provide notification for re-inspection or documentation verifying all noted deficiencies have been brought into compliance, as may be required by the Windstorm ENGINEER. Meetings: • Thirty (30) two-hour site visits to perform inspections Deliverables: • WPI-1 form • WPI-2 form ADDITIONAL SERVICES 5.1 OSG Vendor Pre-Selection In 2019 the CITY of Corpus Christi issued a Requested for Bids (RFB) to pre-select the OSG equipment supplier. The bidding requirements included minimum qualifications, equipment price, lifecycle cost calculations, design phase services, and an operations and maintenance service fee for the first 2 years of operation. Three proposals were received and evaluated by EXHIBIT A Page 18 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 the CITY and ENGINEER. A recommendation was made to select UGSI (Microclor) based on cost and non-cost factors, however the CITY never formally entered into an agreement with UGSI. The CITY may choose to negotiate a price adjustment with UGSI based on the 2019 proposal and proceed with design of the OSG system using this equipment. Alternatively, if the CITY decides to re-issue and RFB and perform the pre-selection process again there will be schedule and cost impacts. If OSG equipment pre-selection is repeated under the current amendment, the ENGINEER will work with the CITY to determine the viable pre-selection options for the OSG manufacturer/equipment. The ENGINEER will utilize ENGINEER's previous experience in preparation of the Vendor Pre-Selection Package. The ENGINEER shall develop a Microsoft PowerPoint presentation and lead a workshop with the CITY to review and pre-select the most appropriate options for OSG manufacturer/equipment. The ENGINEER's presentation will outline the advantages and disadvantages of each option. With input from CITY staff, a protocol for pre-selection of the OSG manufacturer/equipment shall be developed. The ENGINEER will assist the CITY in the vendor qualification evaluation services and best value package selection. Once the method is selected, the ENGINEER will perform the following: • Develop a proposal package for the OSG vendor pre-selection with performance specifications. • Attend a Pre-proposal Meeting • Respond to Manufacturer Inquiries • Issue Addenda, (Assume one (1) addenda) • Attend proposal opening meeting • Review proposals and references for completeness, balance of proposal items, and responsiveness and shall prepare a tabulation of proposal prices • Recommend pre-selection award, based on the criteria established in the proposal package. Scope Item Assumptions: • The CITY will compile the RFB package with the technical specifications and drawings provided by the ENGINEER. • CITY staff will provide input on the viable pre-selection options for the OSG manufacturer/equipment. • One specific vendor and style of OSG skid will be selected and carried through into the Detailed Design Phase. • The CITY will designate an individual to have responsibility, authority and control for coordinating activities for the pre-selection award. • The CITY will provide the CITY's updated standard specifications, standard detail sheets, standard and special provisions and forms for required proposal documents. • The CITY will arrange and pay for printing of all documents and addenda to be distributed to prospective proposers. EXHIBIT A Page 19 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 • The CITY will advertise the project for proposals, maintain the list of prospective proposers, receive and process deposits for all proposal documents, issue (with assistance of ENGINEER) any addenda, prepare and supply proposal tabulation forms, and conduct proposal opening. • This Scope of Services does not include time for the ENGINEER to assist the CITY in the event of proposal protests Meetings: • One (1) one-hour workshop to structure pre-selection process - as part of a monthly progress meeting. • One (1) one-hour workshop with CITY Staff to firm up selection criteria with CITY Staff • One (1) two-hour Pre-proposal Meeting • One (1) two-hour proposal opening meeting • Two (2) two-hour meetings to discuss proposals with the CITY Deliverables: • MS PowerPoint Presentation for selection workshop • Proposal Documents and Addenda • Agenda and meeting minutes for pre-proposal conference • Proposal Review Form and recommendation for selection award 5.2 Expenses All project expenses including travel, mileage, lodging, meals, per diem, printing and reproduction, and supplies will be charged as time and materials under the additional services task. EXHIBIT A Page 20 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 SCHEDULE The following table summarizes the planned project schedule. The proposed schedule is provided to delineate the critical path tasks. If the CITY elects to conduct OSG Vendor pre-selection an additional 3 months will be added to the schedule. Date Activity - A/E Contract NTP 2 months after NTP Preliminary Design Baseline Workshop 4 months after NTP 60% Submittal Package 7 months after NTP 90% Submittal Package (Pre-Final) 9 months after NTP 100% Submittal (Contract Documents) 10 months after NTP Construction Package Advertise 11 months after NTP Construction Package Bid Opening 12 months after NTP Construction NTP 24 months after NTP Phase 1 Construction Completion/ Startup/ Commissioning 38 months after NTP Phase 2 (OSG) Construction Complete 42 months after NTP OSG Startup/Commissioning and Chlorine Gas Facility Demo EXHIBIT A Page 21 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 FEE The proposed not-to-exceed contract amount for each task is as follows: Task Fee Billing Type Original Contract 2018 $49,500 - Amendment 1 Task 1 — Preliminary Design 2019 $914,100 - Amendment 2— Basic Services Task 2 - Design Phase $1,998,200 Lump Sum Task 3 - Bid Phase $31,600 Lump Sum Task 4- Engineering Services During Construction $1,329,800 Lump Sum Amendment 2—Additional Services OSG Vendor Pre-Selection $47,900 Lump Sum Expenses $46,500 Time & Materials Amendment 2—Total $3,454,000 Grand Total Contract Amount $4,417,600 Invoices will be submitted to the CITY on a monthly basis as a percentage complete based on project progress (for lump sum) and based on time and materials (T&M) for expenses charged to the project. Invoices will be provided with a cover letter summarizing the actions and meetings performed during the invoice period. If you have any questions or if you would like to discuss in more detail, please feel free to call me at 336-403-7586. Sincerely, Hazen and Sawyer TBPE Firm No. F-13618 Chamindra Dassanayake, Ph.D., P.E. Evan Ged, PE Vice President Associate Engineer CITY Project No. E10144 Exhibit"A" Page 22 of 22 EXHIBIT A Page 22 of 22 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 0 0 0 0 0 0 0 0 0 0 0 0 �, rte+ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o M o 0 o m m m U) M LO o Q 0 0 0 0 0Lf) 0 0 ~ ~ ~ O O O M i O L() co N CO N s c o E 0 o U a� LU -0 >I. Q a� Q � 0 0 00 0 0 0 o 0 00 0 00 0 J E a D) O O O O O o 0 o m m m o 0 0 o a U) M a) 0 0 0 0 0 0 0 r-- F- F- � 0 � c V 64 O Lf) O L() O N N Lf) It O) Lf) r-- Lf) r-- Lf) CO N ti N O) O E (a M L() � � � Lf) O) U <C Gl E!} E!} E!} E!} E!} E!} E!} E!} E!} E!} O � m � W O O 00 O o 0 o 0 00 0 00 O 0 0 0 0 0 0 0 o pp pp pp O 0 0 0 J V O O 00 O 0 0 0 I- I- I- 0 00 O O00 O H} H} O O H} H} O O O 0L'i L'i Ln Ln Ln Ln0 H > N CV 6e), cM 07 E!} E!} H} E!} V Z O O 00 O o 0 o 0 00 0 00 O W N O O 99 O O O O m m m 0 00 O 3 0 0 00 0 0 0 0 ♦- ♦- ♦- 0 00 O Z O_ .O 00 O H} H} O H} H} H} H} O H} O O > > - 07 � a a = 6q V� V� V� W O O 00 O o 0 o 0 00 0 0 0 0 -� 0 0 0 0 0 00 o m m m o 0 0 0 U 00000 0001- I- I- O 000 06 W i 56e.� 06e.� 6e.� 0 OV� V� O 0 O O W z LO H Iq N U M r O O O O O O O O Q Q Q O O O O W cm O +r O O O O O O O O m m m 0 O O O Z a r 0 0 0 0 0 O O ti F- F- F- ti O ti ti Q O O O O L O O 0 O 0 O N N Iq LO Iq M y OS W Z Z O 0 0 I'- W) N O � Co I,- N I- O W M H O M M O N O N U W 0 V 0 V t�} f{} Ef} Ef} Ef} EA EA EA Ef} EA F- O O vi J O > V N 0 0 00 0 0 0 o 0 0 0 0 O O O Z a a - O 9 0 0 0 0 0 0 o m m m o 0 0 0 m > 0 0 0 0 0 0 0 0 r` F- F- F- r` 0 r` 1-- c Zv� v� LO O Ln 07 07 N N L() N r� J N a O — N O N CO CO N CO 00 Q U Va 601 w T- 0 0 0 0 0 0 0 o 0 0 0 0 O O O W y M O O O O O O o 0 m m m 0 O O O W L t 000000 0001- I- I- O 000 0 � � � Z vfl O v} v} O H} N H} N O N N O O O r r O r r V O V U Q O O 00 O o 0 o 0 0 0 0 00 O Co O O ca ++ O O O O O O O O m m m 0 O O O 0 0 0 0 0 O O O ♦- ♦- ♦- O O O O CO Zt 0 0 0 0 0 0 60 60 0 0 0 0 = W .i U Q� E o Q w 0 0 m a i cn 0 NIz U Z U cn N LN J c t U U! U) Na)lWW ,u) + O N O V C N N Z N y N m tU- U O 0 t d U 0 N > N LL NW a > O N a > N .� d CO-Fu p c o 0) � Q F O U 0 � 0 .c � Q 0 E ° � � a d N _ U a= G> > J N R N 70 O m N U m 3 O O a c�II m d Q m U U) Q a a 0 c) c) cn m Q H Z Q = = Exhibit B Page 1 of 1 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have 3-year reporting period provisions or be maintained for 3 years after project completion. 1 .3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1 .4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, with the exception of professional liability, which may be on a per claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1 Rev 12/20 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 1 .5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1 .6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1 .6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1 .7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1 .10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 12/20 DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C21 B191 SUPPLIER NUMBER TO BE ASSIGNED BY CITE PURCHASING DIVISION 4r►,r.r� City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicaf�le, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Hazen and Sawyer, DPC P. O.BOX: NA STREET ADDRESS: 500 N. Shoreline Blvd., Suite 1102 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation ❑X 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name NA Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name NA Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name NA Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name NA Consultant DocuSign Envelope ID:C9AFB2D7-32B6-4847-BDC4-18215C2113191 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Chamindra Dassanayake, PhD, PE Title: Vice President (Type or Print) Signature of Certifying pi-b,At Date: 2/3/2022 Person: DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Capital Improvement Plan 2022 thru 2024 City of Corpus Christi, Texas Project# 21104 " - Project Name ONSWTP Chlorine System Improvements Type Improvement/Additions Department Water Department Useful Life 40 years Contact Director of Water Utilities Category Water Treatment Priority I Critical-Health&Safety + ' Status Active Description This project will replace existing,aging chlorine gas system with safer and more reliable on-site hypochlorite generation system. This will eliminate the health and life risk of exposure to chlorine gas to ONSWTP staff and surrounding communities.Will also include modifications to the existing chlorine dioxide system. Staff is in the process of evaluating alternative delivery system that would have a construction cost reduction impact. Justification Consistency with the Comprehensive Plan:Policy Statements pp.48: 1,3 &6;pp.55-57;Water Master Plan Proposed improvements will completely eliminate ONSWTP's dependence on hazardous liquid chlorine for water disinfection thereby reducing health and life risk of ONSWTP staff and surrounding communities. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 15,130,000 15,300,000 30,430,000 Testing 250,000 100,000 350,000 Inspection 100,000 170,000 250,000 520,000 Design 900,000 2,450,000 50,000 3,400,000 Eng,Admin Reimbursements 63,000 150,000 500,000 500,000 1,213,000 Total 963,000 2,700,000 16,100,000 1651505000 35,913,000 Funding Sources Prior Years 2022 2023 2024 Total Revenue Bonds 963,000 2,700,000 16,100,000 16,150,000 35,913,000 Total 963,000 2,700,000 165100,000 16,150,000 35,913,000 Budget Impact/Other There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 290 /opus C co\ 1 AGENDA MEMORANDUM 1s52 Action Item for the City Council Meeting March 8, 2022 DATE: March 8, 2022 TO: Peter Zanoni, City Manager FROM: Sarah Munoz, Deputy Director of Public Works Sarah M3(a)cctexas.com (361) 826-3433 Josh Chronley, Assistant Director of Finance- Procurement Josh C2(a)cctexas.com (361) 826-3169 Grant Support Services for Public Works CAPTION: Resolution authorizing execution of a professional service agreement with WSP USA, Inc., of New York, with an office in San Antonio, for grant support services, on behalf of the Public Works Department, pursuant to a federal infrastructure grant program, in an amount not to exceed $75,000.00, with FY 2022 funding available from the Street Maintenance and Storm Water Funds. SUMMARY: The resolution authorizes a four-month professional service agreement for federal infrastructure grant support services. This contract will be used by the Public Works Department to prepare all documentation and analyses needed to submit a nationally competitive application forfederal infrastructure grant funding available through the USDOT's Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Discretionary Grant program. BACKGROUND AND FINDINGS: The Rebuilding American Infrastructure with Sustainability and Equity, or RAISE Discretionary Grant program, allows the USDOT to invest in road, rail, transit, and port projects that to achieve a defined set of national objectives. These grants were previously known as the Better Utilizing Investments to Leverage Development (BUILD) and Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grants. The eligibility requirements of RAISE allow project sponsors at the State and local levels to obtain funding for multi-modal, multi-jurisdictional projects that are more difficult to support through traditional USDOT programs. RAISE can fund port and freight rail projects, for example, which play a critical role in the nation's ability to move freight but have limited sources of federal funds. RAISE can provide capital funding directly to any public entity, including municipalities, counties, port authorities, tribal governments, MPOs, or others in contrast to traditional Federal programs which provide funding to very specific groups of applicants (mostly state DOTs and transit agencies). Due to the wide eligibility requirements for grantees, securing RAISE grant funding in any amount is highly competitive and rigorous. At this time, Public Works does not have the resources nor staff expertise needed to develop a winning grant application that would successfully secure capital funding under the RAISE discretionary grant program. To this end, Public Works is seeking a consultant with a track record of success in assisting clients win federal grant awards are to provide contractual grant support services and has identified WSP USA, Inc. as the firm best firm to provide these services based on their proven track record for success. PROCUREMENT DETAIL: This procurement falls under a statutory exception within Local Government Code 252.022(a)(4) as these services are for personal, professional and/or planning services. WSP USA, Inc., of New York, with an office in San Antonio, is to provide Grant Support Consultant Services for Public Works. By way of this procurement, it is believed that WSP USA, Inc. is the best choice for this work. ALTERNATIVES: Should Council not approve this professional services agreement with WSP USA, Inc., Public Works will not have the sufficient resources and expertise needed to develop a nationally competitive grant application for infrastructure grant funding available through the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Discretionary Grant program. FISCAL IMPACT: The fiscal impact for Public Works in FY 2022 is $75,000.00 for four months of work as described in the professional services agreement. FY 2022 funding in an amount not to exceed $37,500.00 is available in both the Street Maintenance and Storm Water Funds, respectively, for a total of $75,000.00. FUNDING DETAIL: Fund: 1041- Street Maintenance Fund Organization/Activity: 12400 — Streets Administration Mission Element: 051 — Maintain Pavement & Associated Improvements Project # (CIP Only): N/A Account: 530000 — Professional Services Amount: $37,500.00 Fund: 4300 — Storm Water Fund Organization/Activity: 32000 — Storm Water Administration Mission Element: 043 — Drainage infrastructure - Surface/Pipes Project # (CIP Only): N/A Account: 530000 — Professional Services Amount: $37,500.00 RECOMMENDATION: Staff recommends approval of the resolution authorizing this service agreement with WSP USA Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement Resolution authorizing execution of a professional service agreement with WSP USA, Inc., of New York, with an office in San Antonio, for grant support services, on behalf of the Public Works Department, pursuant to a federal infrastructure grant program, in an amount not to exceed $75,000.00, with FY 2022 funding available from the Street Maintenance and Storm Water Funds. WHEREAS, this item provides grant support services from WSP USA, Inc., of New York, for preparation of a federal infrastructure grant application pursuant to the U.S. Department of Transportation's Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program in order to seek infrastructure funds available to the City; WHEREAS, State law provides that such procurements, as described above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(4), as this purchase is for professional services and is not otherwise statutorily subject to solicitation by a specific method. 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 his designee, is authorized to execute a professional service agreement with WSP USA, Inc., in an amount not to exceed $75,000.00, for grant support services pursuant to the federal RAISE infrastructure grant program, with FY 2022 funding available from the Street Maintenance and Stormwater Funds. PASSED AND APPROVED on the day of , 2022: 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 PRICE SHEET Procurement Dept. Grant Application services for Public Works SR. BUYER: MARCO LOZANO WSP USA Inc. San Antonio, Texas Item Description Extended Cost No. 1 Professional Services - Grant Application services for Public $75,000.00 Works Total Do Not Exceed Price $75,000.00 DocuSign Envelope ID: 10D4BFF0-B766-4C63-B459-202C4BEA9CD3 �yV SC G° a 0 H PROFESSIONAL SERVICE AGREEMENT NO. 4095 U Grant Support Services for Public Works yeanaonn!e 1852 THIS Grant Support Services for Public Works Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and WSP USA, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has agreed to provide grant support services, on behalf of the Public Works Department, for preparation of a federal grant available from the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Discretionary Grant program; NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor shall provide Grant Support Services for Public Works ("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. 2. Term. This Agreement is for four months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month 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 $75,000.00 (for Services currently estimated at $67,400), 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. 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: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 Professional Service Agreement Page 1 of 5 DocuSign Envelope ID: 10D4BFF0-B766-4C63-B459-202C4BEA9CD3 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: Gabriel Hinojosa Department: Public Works - Engineering Department Phone: 361-826-1877 Email: GabrielH@cctexas.com 5. Insurance; Bonds; License. Intentionally deleted. 6. Standard of Care. Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services under the same professional license. 7. 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. 8. Independent Contractor. In performing this Agreement, both the City and Contractor shall act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. Contractor shall perform all professional services as an independent contractor and shall furnish such Services in its own manner and method, and under no circumstance or condition shall an employee, agent, or representative of either party be considered or construed to be an employee, agent, or representative of the other party. 9. Subcontractors. Contractor may not use subcontractors in connection with the work performed under this Agreement. 10. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 11. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 12. 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. Professional Service Agreement Page 2 of 5 DocuSign Envelope ID: 10D4BFF0-B766-4C63-B459-202C4BEA9CD3 13. 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: Gabriel Hinojosa Title: Assistant Director of Public Works - Engineering Department Address: 2525 Hygeia Street, Corpus Christi, Texas 78415 Phone: 361-826-1877 Fax: 361-826-1627 IF TO CONTRACTOR: WSP USA, Inc. Attn: Art Reinhardt Title: Assistant Vice President Address: 9311 San Pedro Avenue, Suite 700, San Antonio, Texas 78216 Phone: 210-810-4930 Fax: 210-461-8131 14. 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 Professional Service Agreement Page 3 of 5 DocuSign Envelope ID: 10D4BFF0-B766-4C63-B459-202C4BEA9CD3 OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 15. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager 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. 16. 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. 17. 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. 18. 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; followed, in turn, by its exhibits. 19. 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. Professional Service Agreement Page 4 of 5 DocuSign Envelope ID: 10D4BFF0-B766-4C63-B459-202C4BEA9CD3 20. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. 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. 21. 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 CONTRA T RSigned by: Lgvf � A Signature: C2F48nnor865_424 Art Reinhardt Printed Name: Title: San Antonio Local Business Lead, Assistant vice President Date: 3/3/2022 CITY OF CORPUS CHRISTI Josh Chronley Date Assistant Director, Finance - Procurement APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Professional Service Agreement Page 5 of 5 DocuSign Envelope ID: 10D4BFF0-B766-4C63-B459-202C4BEA9CD3 %xNi i ATTACHMENT A: SCOPE OF WORK CITY OF CORPUS CHRISTI GRANT SUPPORT SERVICES An effective partnership with a grant assistance consultant is vital for the City of Corpus Christi (City) to meet its strategic funding goals and commitment to provide high-quality applications that present proposed projects in a manner appropriate for public viewing. This Grant Support Services contract will enable the City to further extend and supplement in-house resources with the additional capacity and expertise necessary to seek state and federal grant funding for key projects, and to meet the challenges faced in delivering the projects. Since 2009, WSP USA Inc. (WSP) has helped clients secure approximately $27.8 billion in federal discretionary grant funding and financing for over 140 highway, transit, freight, and passenger rail projects. WSP approaches grant assistance through rigorous planning, skillful research and analysis, high-quality technical writing, effective storytelling, and detailed QA/QC review. We understand that grant application cycles are short, and typically introduce new project requirements and evaluation criteria. These factors require a team that is organized, systematic, and disciplined in managing the grant application process from beginning to end. The following represents a scope of services between the City and WSP to provide support with the identification and application of potential plans, projects, or programs to advance through state and federal financing processes. SCOPE OF SERVICES Securing funds for infrastructure investments is challenging in today's environment of limited state and local resources, uncertain federal funding and frequently changing rules and procedures. WSP closely tracks federal grant programs to help agencies take full advantage of available opportunities. We will deliver maximum value to the City in securing funding for projects to improve communities, commerce, and the climate. Outlined below is our scope and estimated fee to assist the City through this process. Task 1: Project Management/Coordination 1.1) WSP will attend virtual coordination meetings with City in addition to miscellaneous written and verbal communication as needed. 1.2) WSP shall provide monthly progress reports and invoicing. Task 2: RAISE Grant (FY 2022) Determination 2.1) WSP will perform a Grant Determination for priority projects recommended by the City. Every project has its own story and we know how to tell that story in a way that speaks to the federal decision-making process, distinguishing our clients' winning grant applications from their competition. To this end, WSP will engage the City in a discussion to decide on the best approach for submitting a successful grant application, including: • Determining the most strategic "grant applicant" • Determining the most strategic"project", based on Program eligibility, to which the grant would be applied • Identifying the elements that will make the project's story compelling WSP USA Suite 700 9311 San Pedro Avenue San Antonio,TX 78216 Tel.:+1 210 247-4360 WSp.com DocuSign Envelope ID: 10D4BFF0-B766-4C63-B459-202C4BEA9CD3 • Identifying the data and analysis needed to best convey the story In addition, we will monitor grant-making agency direction on grant application requirements, criteria, procedures, timing, and endorsement efforts to help clients remain well positioned to respond to the request for grant applications within the appointed window. This may include: (1) assisting the City with identifying elected officials, project partners, and other key stakeholders from whom to obtain letters of endorsement or support; and (2) reviewing and recommending grant application analytical components that are not required, but may help make the case more compelling for receiving grant funding (e.g., economic impacts of construction in terms of direct, indirect and induced person-year jobs, job earnings, and overall economic activity). ASSUMPTIONS + City will provide up to three priority projects to review for the Grant Determination. + City will provide available project information such as scope, cost, schedule/status, and known challenges/issues/constraints. + Priority projects will be located in historically disadvantaged communities or areas of persistent poverty to increase the federal cost share above 80%with the goal of no local match. DELIVERABLES + RAISE Determination Task 3: RAISE Grant (FY 2022) Application 3.1) WSP will determine if a Benefit Cost Analysis (BCA) is required for the grant application. A BCA is required for capital projects and is not required for planning projects. If a BCA is required, WSP will conduct a Grant Application Technical Analysis required develop the BCA. Based on the available data provided by the client, WSP will assemble and calculate various mobility benefits (e.g., time savings, vehicle miles traveled (VMT) savings, congestion reduction, operating cost savings), safety benefits from reduced crashes and associated bodily injury and property damage, environmental benefits from reduced vehicular emissions, economic benefits from improved flow of traffic, and other related benefits that may be identified over the course of the work. Additional analyses may be undertaken to help convey a more compelling case for the grant application. 3.2) If a grant application can be completed, WSP will prepare a draft Grant Application narrative and, if needed, technical analysis report, for review by the City. Recommended revisions will be incorporated into a final grant application package that the WSP team formats and prepares for submission to the granting entity. ASSUMPTIONS + There is one eligible project identified to proceed with the grant application. +A Benefit Cost Analysis will be required for the grant application. DELIVERABLES + RAISE Grant Application ---SEE NEXT PAGE--- Page 2 DocuSign Envelope ID: 10D4BFF0-B766-4C63-B459-202C4BEA9CD3 " % 1 16 The following table summarizes the estimated timeline for the RAISE Grant (FY 2022). Review of Documents and Data 3/7/2022 WSP/City Benefit Cost Analysis Data Collection 3/7/2022 WSP/City Submit Draft Grant Application for Review 3/18/2022 WSP City to Provide Comments to WSP on Draft Grant Application 3/25/2022 City Submit Final Grant Narrative for City "Fatal Flaw" Review 4/4/2022 WSP Submit BCA Results and Memo for City Review 4/4/2022 WSP Final Review of all Application Materials Submitted to WSP 4/7/2022 City Submit Final Grant Application package to City 4/12/2022 WSP Submit/Upload Grant Application Materials to Grants.Gov 4/13/2022 City RAISE Grant Deadline 4/14/2022 City FEE ESTIMATE The following table summarizes the estimated fee for the above Scope of Services. Task 1: Project Management/Coordination 58 $9,420.00 Task 2: RAISE Grant (FY 2022) Determination 20 $4,260.00 Task 3: RAISE Grant (FY 2022) Application 376 $53,720.00 Total 454 $67,400.00 Page 3 DocuSign Envelope lD 1OD4BFFO-B766-4C63-B459-202C4BEA9CD3 Projec[Name:Cityof Corpus Christi Grant Support Services a Rates (as defined belm) $26000 $21500 $18000 $17000 $9500 $14000 $9500 $14000 $23000 $13000 Task 1.Project Managenrisant/Coordination 1 1)WeeWy Artual coordination meeting a&other correspondence Name of Firm:W SP Dale Proposal Submfttetl:2/25/2022 Project Manager:Art Reinhartlt,PE,CFM Grant/ Narrative Technical Project Project Leatl Grant Technical Graphics Senior Position/Personnel Title OC/OA Narrative Support Support Accountant/ Manager �� Leatl Specialist LSC Specialist Specialist Engineer Atlmin Taskto be Pertormetl Hours Total Hours 000aaa0000® aaa®®®aaaaa DeterminationTaskZ RAISE Grant(FY 2D22)Detennination 2 1)Grant ®000®®®®oom Task 3.RAISE Grant(FY 2D22)Application 3.1)Grant Appi cati on Techni cal Anal yeis ® 00000000® �HcWmD,umeM ®�mmmaaaaamTotal Hour004Total Labo $6,760.00 $10,320.00 $7,200.00 $11,560.00 $8,360.00 $9,520.00 $8,360.00 $1,120.00 $3,680.00 $520.00 $67,400.00 1"A SP E�ryenses Total Total Et�enses $0.00 TOTAL FEE PROPOSAL $67,400.00 so �o o� A vAGENDA MEMORANDUM Public Hearing & First Reading(Tabled) Ordinance for 01/25/22 µoRPORPg4 First Reading Ordinance for the City Council Meeting of 03/08/22 1852 Second Reading Ordinance for the City Council Meeting 03/22/22 DATE: December 15, 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 4042 Sweet Bay Drive CAPTION: Zoning Case No. 1121-01, L.C. Alty, Ltd.: (District 4) Ordinance rezoning property at or near 4042 Sweet Bay Drive from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District and the "RS-6" Single-Family 6 District. SUMMARY: The purpose is to allow for the construction of single-family homes. This zoning case was tabled on January 25, 2022, due to concerns of needed road construction due to the increased density of the Sweet Bay area. BACKGROUND AND FINDINGS: The subject property is 29.25 acres in size. The subject property is currently zoned "FR" Farm Rural District, consists of vacant land, and has remained undeveloped since annexation in 1961. To the north are single-family homes zoned "RS-6" Single-Family 6 District. To the south is the Barney Davis Power Plant zoned "IH" Heavy Industrial District. To the east are single-family homes zoned "RS-TF" Two-Family District. To the west are vacant properties zoned FR" Farm Rural District. The applicant is requesting that approximately 23 acres of the subject property be rezoned to the "RS-6" Single-Family 6 District and approximately 6 acres be rezoned to the "RS- 4.5" Single-Family 4.5 District. The maximum potential density for the "RS-6" District portion is 135 dwelling units and 46 dwelling units for the portion to be zoned "RS-4.5" District. The applicant is proposing a total of approximately 135 homes. Conformity to City Policy The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for single-family residential uses. The proposed rezoning to the "RS-4.5" Single- Family 4.5 District and "RS-6" Single-Family 6 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Public Input Process Number of Notices Mailed 23 within 200-foot notification area 5 outside notification area As of December 15, 2021: I n Favor In Opposition 0 inside notification area 2 inside notification area 0 outside notification area 0 outside notification area Totaling 2.09% 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 from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District and the "RS-6" Single-Family 6 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District and the "RS-6" Single-Family 6 District on November 10, 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. 1121-01, L.C. Alty, Ltd.: (District 4) Ordinance rezoning property at or near 4042 Sweet Bay Drive from the "FR" Farm Rural District to the "RS-4.5" Single- Family 4.5 District and 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 a 5.962-acre tract of land out of Lot 29, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, as shown in Exhibit "A" & "B".- from B":from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District 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 23.288-acre tract of land out of Lots 29 and 30, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, as shown in Exhibit "A" & "B": from the "FR" Farm Rural District to the "RS-6" Single-Family 6 District The subject property is located at or near 4042 Sweet Bay Drive. Exhibits A & 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 10 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, 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 2022, 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 , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 10 EXHIBIT"A" TRACT I OF S STATE (_)F1`E\,1S (CUNT) ()F 'SLE(.ES 1 ield nates of a 5.902 acne tract of land out of Lot 29,.Section 52.Flour fluff and Encinal Farm and (-garden fracta as%hown on the map thereof worded in Volum,• A. -1', cif the Map Records of Nuccos cuttnt) I exwa,and more particularly out ofa 30.76 ALTr'U ACE jai kip"I described in the General "arranly Deed from A&J Construction,Inc., lay 1. (' All', I,:J ,,� roc iijkle ' tjndcr Docuntrni NC). 2n 13(140824 ofthe Official Public Records of Nueces( niton, 1 t'ta ,sand being more particularly dcticritwd a4 follims: COMMENCING at a�.te:cl cotton spindle found at the common southwest corner of Lot 17,Section 52, aud iwc hw em c urncr of Lot 3_I, lection 52, Flour Bluff and Encinal Farm and Garden Tracts,as shown by map recorded in Volume A.Page 41 orthe Map Records of Nueaes County.Texas.said point also being located at the centerline of Waldron Road,Corpus Christi,Texas, for the POINT OF COMM ENC L MENT; THENCE,5 610 38' 14"E.a distance of 148ON3 feet along the snuther1% bouttdaries,of Lots 17. 18.and 14.Section 52,of the Flour Bluff and Encinal Farm and Garden Tracts,to a one inch diameter iron pipe found at the common northwest corner of Lot 31t.Section 52,and the rttorthe:ast corner of Lot 31,Section 52,of the Flour Blutt'and Encinal!=arm and Garden Tracts as shown by map recorded in Volume A.Page 41 of the Map Records of Nucccs County,Texas: TUENCE S 61" 18'03"F.along the northerly boundary fine of Lot 30,Section 52.Flour Bluffand Encinal Farm and Garden Tracts,a distance of 610.00 feet; T111"NCF S 280 35' 28"W,a distance of 660.00 to a found 518 inch diameter iron reed: T I W NC E,S 61* 19' 51"F,a distance of 354.61 feet; THENC'I.5 61°27" 15"f:,a distance of 2.5.00 foci to the POINT OF BEGINNING.and the n,-ti o ret corner of this tract, Pagc l of 3 Page 4 of 10 THENCE,S h 11127' 15"E,a distance of 25.00 feet to a 51$inch diamcw iron and set furan interior corner of this tract; THENCE,S 61°20' 31"E.a distance of 305.39 feet to a 518 inch diameter iron rod found in the common boundary line bowcen I.oats 28 and 29,Sectkm 52,Flour Bluffand,Encinal Farm and Garden Tracts,and being the northeast canner of this tract, TH ENC E,S 28140' X'W,a distance of 654.9feet to a point at the comrnon srnathmst corner of Loot 29,Scu ion 52 and rivithuasl enri*r of Lot 5,Seelion 59,Flour Bluff and Encina)Fame and garden Tracts.and being the southeast corner of this tract; TH FNC F.,N 61,20" 24" W.a distance ref 41 1).00 fmt to a point in the C(nnmrrre keanrnda►ry line bcty cen Lot 29,Section 52 and Lit 5,Section 59,Flour Blull'.and Enciraal Farm and Ckitdae Tract,,For rhe sraulhweSt COMM of th is tract, THENCE,N 28"40'26"E.a d i,stanc:c of 428,79 fcect to a an extcrior wmcr of this tract, TH ENC E N 5 P 25' 28"E,a d isranct sif 205.92 fit to a an i ntcrior"rncr of this trw; THF,NCFa,N 29"38' J I" E,a distance of41.20 feet to the POINT OF BEGINN INC'.,and Qomaining 5,962 acres of land,mare ur less. Norex: 1,) l3carings arc based on Global Positioning System NAD 83 Zane 4205 Datum 1J A reap of equal date accompanies this Metm and Bounds de_9cripdno_ Rai+:2 of 3 Page 5 of 10 1,Fred C.Hayden,Jr_,do hereby certify that this survey of the property legally described herein was made on ihv ground this .5' day of Oe4e '-f , MI, .andis correct to the best of my knowledoe and belief STIF . .... .'It.. -e Fred C.Hayden,Jr., RPLS N«_4486 Page 3 of 3 Page 6 of 10 EXHIBIT"A" TRACT Z OF STAIT OF TEXAS COUNTY OF NUECES Field notes of a 2128S acre tract of land otit-Of Lols 29and 30,Section 52,Flour Bluff and breis] Farm and Garden Tracts as shown on the map theruof recorded in Volume A,Page:41,of the Mali Rccordx of Nucccs County,`fcxw,and more parlictilarly nut of 34,76 acre Inc(of land described in 111,;General Warranty Daed from A&J Construction, Inc_,to L C Alty, Ltd,as recorded under Don iiwrnt No. 2413040824 ofthe Officia]Public Records oflNueces Coun¢y,Texati,aW being more partick:l it. described as follows: COMMENCING at a.4=1 cotton spindle found at the cnmmnn southwest comer of Lot 17,Sect ion 52, and northwest corner of Lot 33,Section 52.Flour 131 Lif`and Encinal Farm and harden'1"races.as shown by map mcordrd in Volumc k ?ago 41 of the Map Records of Nue+ 'County,Texas.4aid laint+Aiso beirag kwated.&t the i�enUdine of Waldron Road,CoW Christi,Texas,for the POINT OF COMMENCEMEN7; THENCE,S 611 39' 1 T-F,a distance of 1980.43 feet along rhe southerly boundaries of Lots 17, 18,and 11). 4cction 52_ol-°hc Flour Bluff and Encinal Farm and Garden Tracts,to a one inch diameter iron pipe liaui iJ�a the Wffl 7fon norlhwest corner of Lot 30,Saction 52,and the ntx(he mr comer of Lot 3 I,Section )_>,:cid of the Flour Bluff and Encinal Farm and Garden'rraots a-5 shown by malt rvourded in Volume A, f,Lc,:'l I o. die Vlap Records of Numm County,Texas,forthePOINT OF Bl.:CINNING,and the nAwrthweet comer of this tract; THENCE,S fie" 18'03"I=,along the northerly botmdary line of Loot 30.SoC;t a 52, Flour Bluff and. Encinal Farnn and Garden"fracm a diNtance of 610.00 feet,to a 518 inch iron rod set for the north wrreer of this ttad', THENCE.S 2.8o 35'28"W,a distance of W-00 feet to a 518 inch diameter iron rod found at an interior comer of this tract; Page i of 3 Page 7 of 10 THENCE.S61" 19' 51"F.,a distance of 354.61 feet,to a 51 inch diameter iron rad set for an interior carrier of this tract; 1 IILNC L. S 61"27" 15"E,adistance of"25-00 fet-t to a Iloint for an cxtcrior comer ol'this tract. 1-11LNI CE.S 28" W Z I" «. a Jh,,ance of 41.210 I:ect to a Ix itis for an cxtcriorcomer or this tract. II l!✓;t(T, S 51•' 25' 8" W, a distance of 21i5.Q_' t�vt to it Ixoint for an inmfior corner of this to-act; TI II.1`(T' S 2K, 40' 26- W. a dig tance of 428 79 fi et try a IX-Iint ill the:conitlton ht)urldarh litre,tet+cern Lot 29. Section 52 and Lot 5.S"Oon 59, Hour Bluff ud I:ncinal Farm attd Gaxdett 1 rat tti. for the wrtuthcsst ca.mer of this tract; LIFN(T, N til 20' 24" W,a distano of911).14 ftvt to it Ii :i •~:. r .r,,i ,I f ud common southwest corrtcr of Lot 30, Section 52 :utd saut.hu.rii.Lor.iL�: k'� 1. I. 1' irl I and Lticinal Fann and Garden I rwls. for the somhwest comer of this tr:aet; I1IENC'F.. N 28"38' lit`-k-,along the wcstcrlr houndan' h e of kot_111.ScLw i - : I ui .'^.!. I:ncina.l I•arm and Gude" Tracts. a distance ttf 1320 29 feki to the IIOIN F ill- 11 1 a:C.t I :a•,,1 collutininl;23.288.acre,or land. more or luss. Notes, 1.) Bearing are based on Global Positioning:System NAD 83 Zone 4205 Datum ..) A map of equal date accompanies this Metes and Bounds description.. PAVC'til 3 Page 8 of 10 I.Fred C. Hayden,Jr-d4 hereby certify that this survey of the property legally described herein was,made on the ground this - day of Oe-,tc c . 2021. and is correct to the best of grey kmKMedge aril belief. -�` OF T f MlFU , N4r1[1�'yC7f i ~k. * C Fred C, Hayden,Jr.. RPLS No.4486 Page 3 ur 3 Page 9 of 10 1 ti N -j7 ':' li fc, i ---=--iIw Page 10 of 10 Zoning Case #1121 -01 L C Alty, Ltd. Rezoning for a Property at 4042 Sweet Bay Drive From "FR" To "RS-4.5" and "RS-6" N o Q a � o 0 SUBJECT PROPERTY 0 City Council `'-• March 8, 2022 t. Zoning Pattern and Adjacent Development 021927 O Buffer Yards- vzsrz000 RS-6 �Q ���� RS 4.5 to RS-TF: N/A F--logo g o� a RS-6/RS-4.5 to I H: 50' and 50 pts. � RMI Points: Landscaping, setbacks, fence/wall, etc. t` HS-6 N o ' FR�00 °� Setbacks- 2w T � Q RS RS-6 RS-4.5 0 PROPERTY 51d � Street: 25 feet 20 feet Fla-@ o ` Side/Rear. 5 feet 5 feet g�l�l 9a Parking: 2 per dwelling unit 1886 ' Ii1474 ""'t ii OL B46C • 7'5��°�° Uses Allowed: 02BiBJ,.017506 o"lD8 J"'z°°5,' "®�J 14, Single-Family Homes, Home 7Rl1 BBJ Occupations, Group Homes. Public Notification ` 23 Notices mailed inside 200' buffer Rs.s yR FR 5 Notices mailed outside 200' buffer � ��<�o -' RE RS-6 C, G. �`FRo O 0 5 Notification Area 0 RE.y�M RS_6 i FR Opposed: 2 (2.090 ) �E � Separate Opposed Owners: 2TY ? 15 X ka . F R 10 ¢K off" Po2 7�2 ° a S- `F �'�"�oe In Favor: 0 (0.00%) en �m+� koeha NtH Notified property owner's land in square ��� feet/Total square footage of all property in the notification area = Percentage of public opposition . 3 Planning Commission and Staff Recommendation Approval of the "RS-4 .5" Single-Family 4.5 District and "RS-6" Single-Family 6 District A|C U Z 3 Legend \ . 2009&cuZAPZs mm me ZAPZs « 2 ` Ceram Clearz_ . ® ° a zI a ZI aZ11 APZ11 . .... . ! �NOLF Waldron , . . 1 . } 999 Road � . � . 5 Zoning District Breakdown � E 193 Our 20 DMS 7 If 6 Utilities N t Water: a� 6-inch C900 Wastewater: 8-inch VCP SUBJECT � PROPERTY 90 � Gas: 2-inch Service Line Storm Water: Roadside Ditches r PLANNING COMMISSION FINAL REPORT Case No. 1121-01 INFOR No. 21ZN1044 Planning Commission Hearin Date: November 10, 2021 Owner: L C, Alty, Ltd. Applicant: L C, Alty, Ltd. aLocation Address: 4042 Sweet Bay Drive Legal Description: Being 29.25-acre tract of land out of Lot 29 and 30, Section am 52, Flour Bluff and Encinal Farm and Garden Tracts recorded in Volume A, Page 0 41, of the Map Records of Nueces County, Texas, located at the southern end of Sweet Bay Drive south of Yorktown Boulevard. From: "FR" Farm Rural District .� To: "RS-4.5" Single-Family 4.5 District and "RS-6" Single-Family 6 District No Area: 29.25 acres Purpose of Request: To allow for the construction of single-family homes. Existing Zoning District Existing Future Land Use Land Use '0 Site "FR" Farm Rural Vacant Low Density ca Residential Vacant and Low Low Density .E y North "RS-6" Single-Family 6 Density Residential o Residential N0) Public/Semi- J South IH Heavy Industrial Public Government T W East "RS-TF" Two-Family Medium Density Low Density Residential Residential West "FR" Farm Rural Vacant Low Density Residential Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for single-family oresidential uses. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District and "RS-6" Single-Family 6 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the a > Future Land Use Map. City Council District: 4 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 50 feet of street frontage along the Sweet Bay Drive which is designated as an L 0 "Local / Residential" Street. According to the Urban Transportation Plan, "Local a y / Residential" Streets can convey a capacity up to 500 Average Daily Trips L (ADT). Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic � Plan Type Section Section Volume " O Sweet Ba 50' ROW 50' ROW Not Cn � Drive y Local/Residential 28" paved 18' paved Applicable Staff Summary: Development Plan: The subject property is 29.25 acres in size. The owner is proposing the construction of single-family homes. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District, consists of vacant land, and has remained undeveloped since annexation in 1961 . To the north are single-family homes zoned "RS-6" Single-Family 6 District. To the south is the Barney Davis Power Plant zoned "IH" Heavy Industrial District. To the east are single-family homes zoned "RS-TF" Two-Family District. To the west are vacant properties zoned FR" Farm Rural 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 in proximity to Accident Potential Zone 2 (APZ-2) of Waldron Naval Outlying Landing Field (NOLF) and therefore subject to noise and overhead flights. Plat Status: The property is not platted. Utilities: Water: 6-inch C900 line located along Sweet Bay Drive. Wastewater: 8-inch VCP line located along Sweet Bay Drive. Gas: 2-inch Service Line located along Sweet Bay Drive. Storm Water: Roadside Ditches located along Sweet Bay Drive. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for single-family residential uses. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District and "RS-6" Single-Family 6 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). • 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: Staff Report Page 3 • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. • The applicant is requesting that approximately 23 acres of the subject property be rezoned to the "RS-6" Single-Family 6 District and approximately 6 acres be rezoned to the "RS-4.5" Single-Family 4.5 District. The maximum potential density for the "RS- 6" District portion is 135 dwelling units and 46 dwelling units for the portion to be zoned "RS-4.5" District. According to the site plan, the applicant is proposing a total of approximately 135 homes. Planning Commission and Staff Recommendation (November 10, 2021): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single- Family 4.5 District and RS-6" Single-Family 6 District Number of Notices Mailed — 23 within 200-foot notification area. 5 outside notification area As of November 5, 2021: In Favor — 0 inside notification area _ — 0 outside notification area 0 In Opposition — 2 inside notification area — 0 outside notification area 0 Z Totaling 2.09% 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 RS-6 FR FR <La R ESR C. _ RS-6 2V? 5� !Pi G- \p OZ OQ `�cRo �o� pyv PcoUR,�q�o E 3 S-0 �2 `r✓Q ��y FNq R P22 �SioFR Q5''� QQ F R PROP€RTY -ko� E FR 10G- � � o 20 itis' 2� �v 1 s ,gP R 1 0 R QQ g <y RF.h 134.14RS- F .5 11 °23R,W Jo�Q 1 18 22 q�Q� y 2Fi tib IH . R- R 1010512021 0 150300 tttttttto Feel CASE: 1921-01 N h Zoning and notice Area RM-1 Multifemi{y'I IL Light Industrial ry Qy RM-2 Multifamily 2 IHHeavy Industrial (a a RM-3 Multifamlty 3 PUD Planned Unit Day.Overlay ON Pr"feasi"nal Office Its10SingleFamily 10 RM-AT Muldfa.ily AT RS{ Single-Familys ® a CN-1 Neighborhood Commercial RS 1.,5 SingleFamily 4.5 ti� 01, CN-2 Neighborhood Commercial RS-TF T-Family CR-1 Reseri C".martial Its15Single-Family 15 S CR-2 Resort Commercial RE Reaideraial Eat= 1",Oa� � SUBJECT CG-1 General C".mar"ial lis-TN rvrnhoaae y� PROPERTY CG-2 General C"m martial SP Special Permit k'h CI Intensive Commercial Rv Recreational Vehicle Park yv - CBO Oownmvrcial RMH Manufactured Home 01 r CR J Resort Coo mmercialane-al FR Fann Rural H Historic Overlay BP Business Perk Sources: s"b,�n vr"perty 4 owners Esri. won 2o0nrner mra�A HERE, 4 ow a mrt;z0a l;ad"e ow a a C"y 0f attacliadewaarsP;p labra Xmoppaifran COI'�116 Garman, Christi USGS (OCATlON MAP I Staff Report Page 5 Persons FNM disMil%fes p1�inr^^'!f iii"r^r:i ltii$m"bnp who m4y'r.gkj,T6$pc',lai sorvice*,are rojimsied SU-1-111cl free (7(fm&nt Sevio': DeWmen!M leso 4A- :;.7r a^x361; d2c-3240 Pe,swnn 4e as.,�y oras can mcacecsi8.]ae4_ nS�n _,�tencsale iLnra y Ql Rguieren seAtlbas esnt,C 3 r-,, .3 :moo ;,-1 aLfjo 49 roma antesde la.�'Its....11arranda al deoanarrerslo• _ r r ncwrn,-a.. nilrnero(361)826.324Q. If you wish to address the Commission during the meetrno and your English fa limited please call the L ive opmert Ser+ces Deva,!m +i al r.,51 1 826-324(at least 46 hours n advance to request an lMerp*er be present during the mee* ig Si Listed desea d ogirse a A commss of + r iurrta y armed lirnil8dtk favor de Ilamar of dee ria efento g_ 9EtYiGo9 de tlB38rtoit1 a!ernmero{361b 625.3240.3L irenos 46^oras&&h-k-3 loitar un ntlmrete see wosente duranAe la turJt® CITY PLANNJ l WWSSION PUSLIC HEAP, G NOTICE Rezoning Case No. 1121.01 LC Alty, Ltd, has petitioned the City of Corpus Christi to consioer a Change of zonrig from the "FR"Farm Rural District to the "RS-4.5" Singlo-Family 4.5 District and the "RS-6" Sin-gle-Family 6 District, resulting in a chano to the Future Land Use Map. The,proWned development is a single-family residential subdivision. T he prcnerty to be rezoned is described aw Located at or dear 4042 Sweet Hay Drive-And described as a 29.25-acre tract of land out of Lot 29 and 30, Section 52, Flour Bluff and Encinad Farm and Garden Tracts recorded in Volume A. Pape 41, of the Map Records of Nueces County,Texas, located at the southern end of Sweet Bay Drive south of Yorktown Boulevard. The Planning Commission may recommend to City Council approval or denial,or approval of an irterr iediate zoning classification and)or Special Permit-Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendabon to the City Council. The public heanng will be held Wednesday, November 10,2021,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(3611826-3240 TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERr.S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P O BOX 9277„CORPUS CHRISTI,TEXAS 79469.9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTES 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 Gall or by letter. Printed Name�( LVA L�.v..�' i3°-►►,yC iL Address: `!1� F y 1 c. ��t t 1T �X IN FAV �. ��. � Cit fstate �, �ti�L { } OR ( }IN OPPOSITION Phone-K � - _ _ I REASON, 6d> 13 L S,- ( a f l c c d 1 ok -�1,� �G, S lovevN avi rx, �,,y, pr�� lett, �, 0.f c.4 ctl t.ce rad cj 1 neer' ( t �cAk[ ay ttI Rio C caire^- C(*IJs 01A d SCI Ji v\ %1'J r Vs0,bD ck4- i vI4e �,1,01 SEE AARP ON REVERSE SYDE Case No 1121 V INFOR Case No. 21ZN1 D44 Roll Manager Andrew Dlrries arty owner IO 8 Email MdrewD2Qccl it.6 corn r54 � [13HCCe'w"ii 5 `r CLQ ()VI f f\r telnt 7 Staff Report Page 6 Persons*in disabdsies Diannng to attend Iters mewing,Who may require special sarvic4S,are requesied to conearx:he Cee ocimerit se^olc,35 t]epartrrwr#At least 4r hours in adrarrce as(361)82d 3240 F+erssnas con rr+c�9 ip _il�4a IY rI@O.,ld_rtt9� �.2o aSi9-tit a e6ta MgLa Y q�p .Ia 1914,351Ok a uue don aviso 46 titer 9-QtVs de 4s junta gamando al depadarnenio 4e sett'r:os or desgtridi7_al numem(XI1 S2"40 If you wsh to address the Unymssion duiwig the meefing and your Erxpish s[meed,IWssrse call ft 7iey@10V"T1t Serwceo oepsnmW at(361) 826.3240 al ienar 411.haum in advanoo Ip r"uast#A Interpreter be oreserit dune.• re mowing 2r uwdd ;o -s rse a la comm sscon dij lite is W=Y au Big"as MdAdLjavor_da WW a0 deoarramento do eery es d aerroao of n° rhe �, . A!rpi;tN6 46hoax an„t " ionto Dara soucrlar un in6uarrala srs^,�r�r�rvlF,du+'a!:!e_�rur'ia_ CITY PLANNING COMM, SION PUBLIC HEARING NOTICE Rezoning Cele No. 1127-01 LC b tt ,Ltd. has petitioned the City of Corpus Christi to consider a change of zoning from the"FR"Farm Rural District to the "RS-4.55" Single-Family 4.6 District and the "RS-B" Sin le-FgM1 6 pilisirl.. resulting in a chane to the Future Land . The proposed development is a sin residential subdivision. The property to be rezoned is described as. I nr'atwr! at n, -in 3r AP47 ewnet Bay Drive and d=scribed as a 29.25 acre tract of land out of Lot 2^and 30, Section 52, Flour Bluff and Encina)Farm and Garden Tracts recorded in Volumie A, Page 41,of the Map Records of Nueces County,Texas,located at the southern end of Sweet Bey Drive south of Yorktown Boulevard. 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,*11 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 head Wednesday, November 10,2021during 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 hearnng to express your views on this rezon!M request For more information,please call[361}826-3240. ---_— TO BE ON RECORD THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P O BOX 9277,CORPUS CHRISTI TEXAS 78469.9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person,by telephone call or by letter. Printed Name_ Address. tl4Z6 buyve p,.. CitytState i.w>-5 �r.s TX ( ) IN FAVOR ( )IN OPPOSITION Phone s I � REASON: Signature SEE MAP WRE VERSE SME Coe No tt21-01 04FOR Case Na. 212'NIO44 Pruett Manager Andnrw Dumas Property(7+.rrsr ID 12 Email Andrsia02* laxas ccm CSG = 1 RE o� Q o� Q c< RE R M H i RE P G.N 1 R �PC, 'M R �- a �s TF RAS - 6 RV � O w If T u . 1. CR - 1 Fl�cyo :a x. • �r 0 150 300' Feet °w CASE: 1121-01 p v. W E fiy a s o`c � Aerial View ® Subject Property Syy SUBJECT � -PROPERTY ■■►1■ Sources: Esri, [City of t� HERE, Corpus Garmin, Christi USGS, ILOCATION =MAP so �o o� A v WoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of March, 8, 2022 DATE: February 25, 2022 TO: Peter Zanoni, City Manager FROM: Andrea Gardner, Assistant City Manager and reaga(a)cctexas.com (361) 826-3506 SHORT TERM RENTAL ORDINANCE - PHASE 2 STAFF PRESENTER(S): Name Title/Position Department 1. Andrea Gardner Assistant City Manager Executive ISSUE: The City of Corpus Christi recently passed an ordinance at the January 11 th, City Council meeting requiring all legally operating STR units in Flour Bluff and North Padre Island to register with and obtain a permit from the City effective March 151h. Legal STR units operating in the remainder of the city will be required to register and obtain a permit by July 11th Staff also advised City Council at the January 11th meeting that we would be hiring a consultant and formalizing a stakeholder advisory group that would assist and provide input for phase 2 of the project. Staff retained Eric Wilhite, Director of Land Planning of Pacheco Koch, a Civil Engineering Firm based out of Ft. Worth, Texas. The Stakeholder Advisory Group was assembled by staff trying to find a balance of individuals representing neighborhoods and involved in the short term rental business, keeping in mind diversity and geographic location within the community. Staff kicked off the Short-Term Rental (STR) phase two process on February 18, 2022, during a meeting with the STR Stakeholder Advisory Group. The Stakeholder Advisory Group will provide input to staff and the consultant team during the development of the Phase 2 ordinance. Phase 2 of the project will evaluate land use and zoning districts to determine what single-family areas may be appropriate for Short Term Rental use. The Consultant team and Staff will evaluate best practices from across the State and Country to develop an ordinance that will provide flexibility for property owners without negatively impacting the integrity of Corpus Christi neighborhoods. Staff is planning to meet with the Stakeholder Advisory Group again on March 11, 2022. LIST OF SUPPORTING DOCUMENTS: PowerPoint AWL Short Term Rentals Briefing March 8, 2022 Short Term Rentals Project Lead Assistant City Manager Andrea Gardner Eric Wilhite Pacheco Koch Zoning/ Land Use Hotel Occupancy Tax Collection Legal Advice Director of Finance Asst.Director of Development Heather Hurlbert Services Michael Dice Code Enforcement Director of Planning Prosecutors Daniel McGinn Municipal Court Short Term Rentals • Rental accommodations that include a variety of Find places to stay on unit types (condo, townhome, single family home, Alrbnb RV's, boats, etc..) for less than 30 days. • Offers visitors a different experience outside of - y9 staying at a standard hotel.` • Not a new concept but the technology connecting Famupto $2,131/month by } owners and users has improved. h° a °`_ 'F • Unified Development Code 5.2.24 Rentals (Single I _: A.,. `P..., Family) Single-family units in a single-family zoning district cannot be rented for less than a one-month period. • UDC does not prohibit STR use in other zoning districts, therefore the use is permitted. t ' 0. Z STR —Stakeholder Advisory Group c.Y • (17 Members) - includes a balance of individuals representing neighborhoods and those involved in the short-term rental business, keeping in mind diversity and geographic location within the community. • Members will provide input with staff and consultant team developing the ordinance. • First meeting was February 18th (Topics). • Overview of STR Registration Ordinance (adopted Jan. 11th) • Description of work included in Phase 2 (Evaluation of land use/zoning) • Bi-weekly meetings planned during the project with the next meeting on March 11th • Target is to bring an ordinance before Council in July. = � Phase 1 : Registration Ordinance :7 • Adopted January 11, 2022. • Effective for Flour Bluff and North Padre Island on March 15, 2022. • Remainder of the City has an effective date of July 11, 2022. • Established regulations for the protection of the health and safety of occupant(s). • Protects the integrity of the neighborhoods in which short term rental properties will operate. • Best practice among top Texas cities and others across the country. • Allows for the management and tracking of units. • Primary tool for city enforcement of non-compliant STR units. STR Permit Workflow STR Online DSD Finance STR Application 1 Accepts Available Review payment and Portal For use issues Applicant registration permit Permit Denied due to zoning compliance *only in areas currently allowed per the UDC (see slide 3). 6 STR Registration — ( N . Padre and Flour Bluff ) Communication Plan Registration will start on 3/14 or earlier through the STR website: www.cctexas.com/STR. STR Registration Communication Plan: • Letters and or emails will be sent to all identified STR operators in Flour Bluff and N. Padre Island registered within Munirevs system. • Real Estate and Property Managers offices located in Flour Bluff and North Padre Island will be notified. • Press Releases • Facebook Announcements • Island Moon and Flour Bluff News Advertisements - - Short Term Rental Registration • STIR Website www.cctexas.com/str =°Rental yyyy�� Short-Term Rentals YI • Portal to registration —goes liveh..f,,.,n Short�Term Rernals(STR) o n 3/14 at 6 p m R-1(STR) �M • Estimated 1,500 STIR units (Island and FB) • HOT registration linked to page. W— FAQ's CITY OF CORPUS CHRISTI 2406 Leopard Street,Corpus Christ,TX,78408 Ordinance SHORT-TERM RENTAL PERMIT • Property Address: Permit Number: 123 North Physical Street Unit 5069 2022-000004 • Contact Information Physical City,PA Physical Zip •�• 1 Valid Through: • Owner Name and Phone: *1 a. 02/18/2022-12/31/2022 Link to Phase 2 project OwnerName Owner Phone Bedrooms: information 5 24-Hour Contact Name and Phone: Contact Name Maximum Occupancy: Contact Phone 10 THIS PERMIT MUST BE DISPLAYED INA CONSPICUOUS PLACE AT ALL TIMES NOT TRANSFERRABLE �r Enforcement • Enforcement action — (North Padre Island and Flour Bluff) • educate correctly zoned STIR units about need to register • enforce STIR registration (permit) for properties where the use is not allowed (Single Family Zoned Areas) • Software — will scrub STIR rental platform sites for advertisements of properties operating as STRs (scanning for permit number) • Grace period to get registered for those properties operating legally (30 days) o This will take time to get word out and process all of the new applications. o Notice to register will be sent to property owners known to be able to operate if permitted o Notice of violation will be sent to property owners known to be operating illegally o Notice will advise owner to cease and desist...citations will be issued to property owners operating STRs in areas where zoning ordinance prohibits STRs(Single Family Areas). • Code Enforcement will follow up to determine if a permit has been obtained o If a permit is not obtained, a citation/summons will be issued to the property owner (Section 5-38. Permit required) Enforcement • A notice to register will be sent,as a courtesy to Example:Condos,Townhomes,etc.. Properties Eligible owners of properties known to be legally operating to Register for an as a short-term rental • A grace period will follow the March 15,2022, STR Permit effective date to give legally operating STRs the opportunity to register prior to enforcement. • A follow-up inspection and investigation will determine if a STR permit has been issued o If not,a citation/summons will be issued to y . the owner(Section 5-38. Permit required) Example:Single Family Homes(Detached) • A notice of violation will be sent to owners of Properties not _ properties believed to be illegally operating as a 'Wi Eligible to Register short-term rental beginning March 9 for an STR Permit • Beginning March 15,follow-up inspections and investigations will determine if a STR continues to operate illegally at the property o If so,a citation/summons will be issued to the owner(Section 5-38. Permit required) �'6 10 - = STR - Phase 2 • Evaluate locations in the City that may be suitable to allow STRs in single family zoned areas without compromising the integrity of the neighborhood. • If such locations exist, determine a basis for location of STRs within those single-family areas. • Other cities have used, Density percentage of block, overlay districts, buffering distance from other units. • Stakeholder Advisory Group to provide input. • Staff works with consultant to develop draft ordinance. • Present draft ordinance to Planning Commission for action. • City Council considers Land Use Regulation Ordinance changes. �1 .�r �r Questions . 12 so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of March 8, 2022 DATE: February 24, 2022 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director, Intergovernmental Relations tammye@cctexas.com 361-826-3622 Infrastructure Investment in Jobs Act: Building a Better America Overview Briefing STAFF PRESENTER(S): Name Title/Position Department 1. Tammy Embrey Director Intergovernmental Relations ISSUE: Over the last month the White House and Administrative agencies have begun to release implementation information on the bipartisan infrastructure bill passed by Congress. This has allowed staff to review more detailed program requirements and begin to determine what opportunities the bill may offer the City of Corpus Christi. BACKGROUND: Last fall Congress passed the Infrastructure Investment and Jobs Act. The White House is in the process of rolling the programs funded by the legislation under the "Building a Better America" tag line. A significant portion of the bill was the reauthorization of the Surface Transportation Act which funds transportation infrastructure across the nation and has defined formulaic programs that run through state Departments of Transportation other authorized agencies. About 40% of the bill will be delivered through competitive grant programs. The presentation will give the Council an overview of the legislation, the roll out of funding opportunities to date, and future opportunities that the city will continue to investigate. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Council Briefing Infrastructure bill Infrastructure Investment and Jobs Act Tammy Kelch Embrey Director,Intergovernmental Affairs March 8, 2022 Overview Infrastructure Investment and Jobs Act (IIJA) ■ $1.2 Trillion ■ $550 Billion in new spending ■ 381 programs ■ Over $100 Billion in grants ■ Historic increase in grant funding: 0 93% increase from 2008 0 37% increase from 2020 ■ 40% of IIJA Funding through Competitive Grants ■ 5 years of funding (multiple opportunities to apply) Program Categories Transportation Climate, Energy, and the ■ Roads, Bridges and Major Projects Environment ■ Safety/Safe Routes to School ■ Clean Energy and Power ■ Airports and Federal Aviation ■ Water Administration Facilities ■ Resilience ■ Public Transportation ■ Environmental Remediation ■ Ports and Waterways ■ Disaster Mitigation ■ Passenger and Freight Rail ■ Electric Vehicles, Buses and Ferries Additional funding for Broadband and Other Programs 25 Competitive Infrastructure Funding Opportunities for Local Governments Rebuilding American Port Infrastructure Bus&Bus Facilities National Infrastructure Infrastructure for Infrastructure Sustainably Development Grants Competitive Grants Project Assistance(also Rebuilding America and Equitably(RAISE) known as"Mega projects" (INFRA)Grants Grants or MEGA) Safe Streets and Roads Charging and Fueling Clean School Bus Program Reconnecting Rural Surface for All Infrastructure Grants Communities Transportation Grant Building Resilient Flood Mitigation Brownfields Remediation Energy Efficiency and Grants for Energy Infrastructure and Assistance Program Conservation Block Efficiency and Renewable Communities Program Grants Energy Improvements in Schools Energy Improvement in Grants for Energy Regional Clean Hydrogen Community Wildfire Reconnect Program Rural or Remote Areas Efficiency and Resilience Hubs Defense Grant Program Code Adoption Middle Mile Grants State and Local Smart Grid Investment Water&Groundwater Emergency Watershed Program Cybersecurity Grant Grant Program and Storage and Conveyance Protection Program Program Energy Sector Operational Support for Cyber Resilience Program White House Recommendations on Infrastructure Implementation ■ Prioritize your community's capital needs and develop a project pipeline - taking time to think about the projects previously considered impossible due to lack of funding or regional coordination. ■ Ensure all transit, railway, road, highway, and bridge projects are part of your MPO's Transportation Improvement Plan. ■ Begin mapping sites for electric vehicle and alternative fuel charging stations. ■ Establish relationships with the regional offices for key federal agencies, who can help direct you to resources and provide technical assistance. 5 Local and Regional Assistance Grants (RAISE) The RAISE program (formerly BUILD and TIGER) is a competitive grant program which provides funding for road, rail, transit, and other surface transportation of local and/or regional significance. ■ Funding o $7.5 Billion (guaranteed appropriations) o $7.5 Billion (General Fund, subject to appropriation) ■ Period of Availability:4-YR ■ Award Floor: $5 Million / Award Ceiling: $25 Million ■ Current Application Closing Date: April 14, 2022 ■ Intended for large scale regional impact type projects ■ Regional collaboration and support needed to be competitive Safe Streets and Roads for All This new $5 Billion competitive grant program will provide funding directly to and exclusively for local governments to support their efforts to advance "vision zero" plans and other complete street improvements to reduce crashes and fatalities, especially for cyclists and pedestrians. ■ Funding o $5 Billion (guaranteed appropriations) o $5 Billion (General Fund, subject to appropriation) ■ Period of Availability: Available until expended ■ Applications are expected to open in May 2022. 7 Charging and Fueling Infrastructure Grants This competitive grant program will provide funding for Community Grants to install electric vehicle charging and alternative fuel locations on public roads, schools, parks, and in publicly accessible parking facilities. ■ Funding o $1.25 Billion (Community Charging) o $1.25 Billion (Corridor Charging) ■ Period of Availability: 4-YR ■ Award Ceiling: $15 Million ■ Federal Highway Administration will publish a Notice of Funding Opportunity in 2022. s Reconnecting Communities This new competitive grant program will provide dedicated funding for planning, design, demolition, and reconstruction of street grids, parks, or other infrastructure to reconnect communities divided by transportation infrastructure. ■ Funding o $150 Million for Planning Grants o $350 Million for Capital Construction Grants o $500 Million (guaranteed appropriations) ■ Period of Availability: Available until expended ■ Federal Highway Administration will publish a Notice of Funding Opportunity in 2022. TxDOT 2023 UTP Funding Estimates for Corpus Christi MPO Category 1 Category 2 Category 4 Category 7 Category 9 Agency TxDOT MPO TxDOT MPO MPO Subtotal Lead* 10-Year $520,000,000 $130,000,000 $59,000,000 $95,000,000 $5,800,000 $289,800,000 (Pre-IIJA) 10-Year $622,371,753 $137,206,153 $68,210,451 $111,201,289 $12,894,153 $329,512,042 (Post-IIJA) 2023 $104,394,464 $31,076,423 $15,449,284 $10,855,235 $1,258,700 $58,639,642 2024 $53,100,668 $11,480,367 $5,707,332 $11,072,354 $1,283,876 $29,543,929 2025 $54,162,682 $13,156,983 $6,540,842 $11,293,815 $1,309,555 $32,301,195 2026 $55,245,935 1 $12,098,277 1 $6,014,518 1 $11,519,706 $1,335,748 $30,968,249 *Per TxDOT's 2023 Unified Transportation Program and Corresponding TIP/STIP Years of 2023-2026(2/4/22) Note:The Category 1 funding totals are not included in the row nor column totals.The CAT 1 funds are shown for the entire TxDOT-CRP District of 10 counties at this time.A portion of these funds will be allocated by TxDOT-CRP to the Corpus Christi MPO region based on TxDOT project and program prioritization. 10 Questions ? so �o o� A v WoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of March 8, 2022 DATE: March 4, 2022 TO: Peter Zanoni, City Manager FROM: Gilbert Hernandez, Director of Municipal Court GiIberth(a)cctexas.com (361) 826-2540 Briefing on Municipal Court's Backlog of Ordinance Citations and Warrant Roundup STAFF PRESENTER(S): Name Title/Position Department 1. Gilbert Hernandez Director MC Administration ISSUE: There was a backlog of Municipal Court cases, specifically ordinance citations. This briefing will provide an update on the Municipal Court's action plan outcome after addressing these cases, and an update on the Warrant Roundup. BACKGROUND: Prior to COVID-19, all ordinance violations were automatically scheduled to an ordinance arraignment docket. In March of 2020 when the Court closed and due to scheduling restrictions, the case load increased and fell behind. As of January 3, 2022, there were 3,604 people who have a total of 10,713 City ordinance violations pending to be scheduled. These violations include people who were previously scheduled to in-person and virtual dockets and failed to appear, and new violations pending to be scheduled. ACTION PLAN RESULTS: The Court held in-person ordinance pretrial dockets at the American Bank Center (ABC). Below are the results of those cases: • # of violations scheduled: 14,000, • # of people scheduled: 3,274 • # of people that appeared: 293 with 1,267 cases • # of warrants issued: 6,088 • # of pending warrants: 2,502 • # of cases resolved: 475 • # of cases dismissed or closed: 2,524 • # of cases reset: 867 • # of cases with no status change: 1,477 LIST OF SUPPORTING DOCUMENTS: PowerPoint— (Municipal Court 2021) Not included Public Notice & Meeting Locations PUBLIC NOTICE is hereby given that the City of Corpus Christi will hold community input sessions on Redistricting of the City's Single Member Council Districts from 6:00 p.m. to 7:00 p.m. or sooner if everyone who signed up to speak has spoken on the following dates,at the following locations in Corpus Christi, Texas: Tuesday,February 22 Community Input Session—General Session FRebecca OSTED City Council Chambers, 1201 Leopard Street 4:03:07 PM Wednesday,February 23 Huerta Community Input Session—District 2 Secretary Lindale Senior Center, 3135 Swantner Thursday,February 24 Community Input Session—District 1 Owen R. Hopkins Public Library, 3202 McKinzie Road Monday,February 28 Communityput Session—District 5 Veterans Memorial High School, Teaching Theater, 3750 Cimarron Blvd Wednesday,March 2 Community Input Session-District 4 Ethel Eyerly Senior Center, 654 Graham Road Thursday,March 3 Community Input Session—District 3 Water Utilities, Choke Canyon Room, 2726 Holly Rd. Tuesday,March 8 Community Input Session—General Session and Wrap-Up Session City Council Chambers, 1201 Leopard Street During these public input sessions, the public may provide oral and written comments on the Redistricting of City's Single Member Council Districts.All comments will be provided to City Council for consideration in its redistricting process. The sessions will be open for public comment regardless of whether a quorum is present. If a quorum of City Council is present,then the meeting will be considered an open,public meeting during the time a quorum is present, but Council will make no motions and no decisions except for the wrap-up Session at which City Council may direct changes to proposed redistricting maps. Comments are limited to a maximum of 3 minutes per speaker;however,the time will be reduced if more than 15 people sign up to speak. For Tuesday March 8 only: Executive Session pursuant to Texas Gov't Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to City Council's redistricting obligations and potential litigation related thereto. POSTING STATEMENT: This notice was posted on the official electronic bulletin board in the Atrium of Corpus Christi's City Hall, 1201 Leopard Street, Corpus Christi,Texas 14:00 pm.February 28, 2022. ebecca Huerta, City Secretary 2022 REDISTRICTING WRITTEN PUBLIC INPUT COMMENTS FROM TIM DOWLING Dear Mayor Guajardo and Councilmen: began practicing law in Corpus Christi in 1981. 1 have made Corpus Christi my home since then. I have appeared at all court levels in Corpus Christi and in other parts of Texas. I participated extensively in 2021 in redistricting hearings before the Texas Legislature and the Nueces County Commissioners' Court. I believe I know more about legal redistricting law than any other lawyer in Corpus Christi except State Representative Todd Hunter. I make these comments on behalf of myself, and not on behalf of any other person or any group. There is a four part legal analysis when drawing a new map Step 1: The US Constitution requires that there be approximately equivalent total population in each district. This is the "one person one vote" principle. Strict equality in district population is not required, but the difference between the least populated district and the most populated district cannot exceed 10.0%. Step 2: The map must comply with the federal Voting Rights Act ("VRA"). Here the metric is not total population, but citizen voting age population. Districts 2 and 3 are Hispanic "minority opportunity districts," meaning Hispanic citizens of voting age in these districts must be able to elect candidates of their choice. According to the information provided by the City's redistricting legal counsel ("Bickerstaff Firm") on January 25, 2022, the Hispanic voting age population in these districts is 74.01% and 75.87% respectively. These two districts must gain population to comply with the one person one vote principle. How much could the Hispanic percentage voting age population be reduced to avoid the "retrogression" (the proposed map has no discriminatory purpose or effect, and minorities are not worse off under the proposed new map) referred to in the Bickerstaff Firm's 1/25/22 presentation to the Council? LULAC President Diego Garcia testified before the Texas Senate Redistricting Committee in September 2021 that his experience tells him that in order for a district to be considered a "safe" Hispanic district, its voting age population must be at least 60%. The Council should get advice from the Bickerstaff Law Firm about whether Districts 1 or 5 are also minority opportunity districts (their Hispanic voting age populations are 62.75% and 50.52% respectively). If its advice is that either is such a district, that should be publicly stated at the upcoming public meetings about redistricting and posted on the City's redistricting website (cctexas.com/redistricting; the "Website") now. Step 3: If a proposed map satisfies the VRA and the one person one vote principle, the Council can next decide how the proposed map could be improved by such things as: (1) not splitting precincts and following major streets; (2) ensuring that all districts are contiguous and compact to the extent possible; (3) making changes to ensure that the map does not split communities of interest or neighborhoods. Step 4: After making the prudential changes to the proposed map in Step 3, evaluate the revised map to ensure it complies with Step 1 and Step 2. This is the process that Nueces County used in November 2021: draw a map that complied with the constitutional and statutory requirements, and then improve it. After these improvements were made, evaluate the resulting revised map to determine if it still complied with the statutory and constitutional requirements. The revised map did so, and it was adopted. The City should follow the same four step process in coming up with its map. None of the proper steps in drawing the new map includes where any current single member Councilman lives (the redistricting resolution the Council unwisely adopted 2/8/22 says incumbency may be considered, but it not required to be considered). The new map will last five election cycles. Some of you will be term limited starting in 2024. It is a certainty that there will be much turnover on the Council before the last election with this map is held. The tail (where a single member district Councilman now lives) should not wag the dog (the map's boundaries for the next nine years). If any Council member has any of the following thoughts when looking at a proposed map, he has a conflict of interest. "Where is my house, or the house of my major campaign donors, on this proposed map?" "Where is the house of the single member Councilmen who I like (or dislike) or who vote like me? I want to keep them on the Council (or not)." Section 2-310 of the City's Ethics Code states "If a council member believes that he/she should abstain from voting on an item to avoid the appearance of impropriety, as encouraged by this code of ethics Ordinance, or who in discussing or voting on an issue is unable to take an unbiased position, that council member shall be disqualified from discussions about any subsequent voting for that item under this city ordinance." Parsing this last sentence tell us that "a council member...who in discussing or voting on an issue is unable to take an unbiased position, that council member shall be disqualified from discussions about and subsequent voting for that item under this city ordinance" (emphasis added). A council member is "unable to take an to take an unbiased position" on his district boundaries (unless he vows in a binding way now not to run in 2022, 1 understand that no current Council member is term limited out for 2022), since how the lines are drawn determines if he lives in the district whose lines are being drawn, and how those lines are drawn affects her or his chance of getting re-elected. Clearly a very strong argument can be made that all single member district Council members are barred from discussing, or voting on, a new map. This is a compelling reason to use an independent redistricting commission ("IRC") to draw the new map. Section 2-310 of the Ethics Code also states that it is designed to promote public trust and to avoid even the "appearance of impropriety." The citizens of Corpus Christi will have much more confidence in a map drawn by people without conflicts of interest compared to a map drawn by persons with such conflicts. If the Council believes that a charter amendment would be necessary to have the IRC's map be legally binding, the Council should appoint an advisory commission as soon as possible, and each Council member should publicly commit to not voting to change the map approved by the commission despite having the legal authority to do so. The redistricting schedule lacks critical details Assuming a commission is not created despite the City's Ethics Code, and despite the strong recommendation of Steve Bickerstaff (now deceased) of the Bickerstaff Firm based on 40+ years of representing Texas municipalities to use a commission to redistrict (see Mr. Bickerstaffs article I emailed to Council members earlier this month) (using a commission to redistrict has also been endorsed by Todd Hunter), the current schedule is much too imprecise. I request the following additions to the schedule: 1. 2/24/22: Post on the City's redistricting website ("Website") at least four meaningfully different maps from the Bickerstaff Firm that comply with the Constitution and the VRA. Have one map do the following: a. Move North Beach, downtown and the seawall area near downtown info District 2. These tourist areas should be one common district. North Beach, for example, has little in common with Calallen and the refinery area. But it has much in common with nearby tourist areas (the SEA district and downtown for example). b. Move into District 1 from District 4 the industrial areas NE of Portland. This will put the major industrial areas into one district (#1). C. To make up for population lost by District 1 by the above changes, add some precincts to District 1 from the north ends of Districts 2 and/or 3. d. To equalize population to comply with the one person one vote principle, move Districts 2 and 3 southeast into Districts 4 and 5. e. After this is done, be sure that there is Constitutional and VRA compliance with the resulting "first pass" draft map. f. If there is compliance, make prudential adjustments to this map to make it better (compactness, boundaries delineated by major streets, not splitting communities of interest or neighborhoods, etc.). g. After making these prudential changes, re-evaluate to confirm the map is still legally compliant. If the map is now non-compliant, change it as necessary to put it in compliance with as little disruption to the prudential changes as possible. 2. 3/1/22 by 5:00: Any new map proposal that is wise posted on the Website based on comments at the five public meetings between 2/21-28/22. This will make public comment on March 2 and 3 much more meaningful. 3. 3/4/22: Any new map posted on the Website based on comments at the 3/2/22 and 3/3/22 public meetings. This will make public comment on March 8 much more meaningful. 4. 3/10/22 at noon: Any map revisions posted to the Website based on the last public comment meeting on March 8. 5. 3/16/22 (Wednesday) at 9:00: Councilman Barrera is very correct that a Council workshop session is necessary before a vote (the first vote is currently scheduled for 3/22/22). All maps that will be considered for a vote will be determined at this meeting. Major improvements to the Website are needed There are many helpful things about the Website, but it was put up in a hurry, and major improvements are needed to truly make it serve its purpose. 1. The Census map posted on the Website from the Bickerstaff Firm is almost useless. Section 2(B) of the resolution the Council adopted on 2/8/22 based on the Bickerstaff Firm's recommendation says that any proposed map "must show total population and voting age population for each proposed council district based on the 2020 Census data." Yet the Census map from the Bickerstaff Firm posted on the Website does not provide this data. At best, it just tells you (apparently) the total population in different Census blocks. The Census map on the Website should be revised immediately to provide the total population and voting age population information by precinct (plus ethnic data by precinct; Hispanic, African American, Anglo, Asian, and other) in an easily understandable form for: (1) each current District; (2) each proposed map; and (3) for each Precinct (redistricting ideally will be done by Precincts, which are much larger than Census blocks). If you look at the Census map on the Website you cannot tell what the total population, or voting age population, is of any precinct, or what the ethnic make up is of any precinct. 2. List the current precinct numbers for each District (for example, "District 5 is composed of precincts " (list them by number). Make it easy for people to provide meaningful comment. 3. It is great that there are many public comment sessions in the evening. Thank you for that. Allow people to sign up for any of them now. Don't limit them to signing up only right before the date of the meeting. Those looking at the Website should see the "menu" with the meeting dates and be able to select the one or more of them they want to speak at between 2/22/22 and 3/8/22. 4. As I write this to you in the afternoon of February 20, here is what the Website says about speaking at the redistricting meeting on February 22: "Registration for public comment (coming soon)." There is no good reason why sign up for an event happening two days from now is not now open. 5. Put the link to sign up to speak on the front page of the Website. Don't have it only under the "Upcoming Meetings and Events" link. Have the sign up link where it is now, but also place it on the front page of the Website. Make it easier to sign up. 6. It is not clear if signing up ahead of time is mandatory. It should not be. Especially given how the Council is greatly rushing this process, "walk-ins" should be able to sign up in person right before each meeting starts with no advance online sign up required. Don't erect needless barriers to participation. Revise the Website to say something like: "Signing up online to speak is much appreciated, but you are not required to do so. You may speak at the meeting by signing a sign up sheet near the door where you enter the room where the meeting is held." 7. Add this link: "Click here to submit a map." Once a person clicks on the link, tell him his proposed map must comply with the criteria stated in the 2/8/22 resolution (which is on the Website). Provide clear step-by-step instructions about how to submit a proposed map. 8. Regarding public comments on the Website: a. Update the Website with emails received daily. b. The Website says emails"are moderated." State what the"moderation" rules are. There should be none other than threatening, hateful, or obscene portions of an email will be removed before being posted on the Website. C. Provide the ability to post attachments with the email. Sometimes pictures speak louder than words. Other points 1. Communicate your wishes regarding map boundaries only in one of two ways: (1) in public on the record at redistricting workshops or redistricting public comment meetings, or (2) in writing by email to the City Secretary, who forwards the email to the Bickerstaff Firm, provided each email is posted on the Website within one business day after it is sent to the City Secretary. 2. At the February 21, 2022 redistricting workshop in public session have the City's redistricting lawyer, Mr. Caputo with the Bickerstaff Firm, fully explain why he apparently did not tell the Council that redistricting with an IRC (binding or advisory) was an option, particularly in light of the fact that Steve Bickerstaff, a renowned election law lawyer with his firm, based on his decades of experience, recommended that Texas cities redistrict with an IRC. 3. Don't do the redistricting work. Use the option you were not told about by the City's redistricting lawyer and that does not pose the risk of violating the City's Ethics Code: redistrict with an independent commission. You have time to do so. The "first day" to file to run for City Council is not until July 25. The deadline to file is about a month later. Don't let City staff dictate an artificial non-statutory deadline to you. You have the time to do redistricting right by using an IRC (like Austin, Dallas, and EI Paso County, among others, do). As stated above, these remarks are my own, and not that of any other person or of any group. Thank you for considering them. Tim Dowling The City staff present at the 2/23/22 redistricting meeting was given a proposed map from a citizen at that meeting. Please post that map on the redistricting website by noon on 2/25/22. There is at the redistricting website total population information for precincts. This is only partly useful. The following additional information should be posted at the website for each precinct right away in light of the upcoming redistricting meetings beginning in four days: (1) voting age population (often referred to as "VAP"); (2) citizen voting age population (often referred to as "CVAP")(this information is required by the Fifth Circuit Court of Appeals for Voting Rights Act analysis), and (3) ethnic breakdown information of the total population, VAP, and CVAP for each precinct. This is necessary so citizens can analyze how altering Plan B on the website would change things. The City should have at least four maps under consideration rather than just one. There are many options to consider when coming up with a final map. There is no reason to restrict the options to just one. The City's law firm's mapping technology can easily and quickly produce three more maps. Councilman Pusley's concern about "too many maps" is misplaced. And four maps is clearly "not too many." Please put on the website by the end of the day 2/25/22 at least three meaningfully different maps. One option should have District 2 extend from its current northern proposed boundary to include the downtown and tourist areas to the north, and North Beach across the Harbor Bridge. These key areas of our City's economy will be best represented by one Council member. Also District 1 is currently too large. North Beach has nothing in common with Calallen and the refinery area. Thank you. Tim Dowling Please post on the redistricting website the proposed map that is here: https://daves redistricting.org/join/9d741866-b885-472a-abf9-a390d47db651 In light of the meeting at 6:OOpm today at Veterans Memorial HS, I would appreciate it very much if this was done as soon as possible. Thank you, Tim Dowling COMMENTS FROM PEGGY DURAN Dear Mayor Guajardo and City Council Members: Thank you for creating the Redistricting website, virtual public comment and public meetings in each current district to involve our residents. I have watched and commented at the State, County and City level on this issue. I believe that there is a problem when politicians draw their own maps. Having an Independent Redistricting Commission (IRC), as recommended by good government groups across the country and indeed, by Mr. Bickerstaff himself before his death, would help lower the distrust level. Seeing changes made on the current map will also help. Please give us more than one day to study the new maps before starting public comment. You would do well to recommend an IRC for future maps. For now, I look forward to seeing how you continue to handle changing the boundaries of voting districts to reflect population changes in accordance with express requirements that define the public interest. Certainly the downtown, North Beach and Ocean Drive area form a community of interest relating to the bay. live in District 3, an area of families and small businesses that can easily pick up needed population right around us geographically to increase our numbers while maintaining our similar make-up. Again, thank you for working with us democratically to create the fairest map possible. Best wishes, Margaret "Peggy" Duran COMMENTS FROM JULIE ROGERS I live in Uptown in District 1. Last week I finished the survey for an Uptown Corridors Revitalization Strategy to revitalize Staples Street from Six Points to Interstate 37 and Leopard Street from Upper Broadway to the Crosstown Expressway. However, the current District maps split the Staples Street corridor into two districts. This should all be in the same district so that one council member is able to communicate with this community of interest. We actually belong to larger communities of interest, and they are downtown, cultural heritage and sites, and the bayfront. In my opinion, the current District 1 map does not give us proper representation because we are in a district that is 18-20 miles long with very different communities of interest. It would serve us better to be in a district that includes more bayfront and has a need for similar city services. My neighborhood is one of the oldest in the City. There are well- maintained historic homes on the street but there are also crumbling and abandoned buildings surrounding us. Some of the historic homes have been turned into duplexes or apartments. Some homes were razed over the last decade and large modern apartment complexes were built there. We also have unhoused people in our neighborhood who deserve more services, including a low barrier shelter. North Beach and Downtown were once a part of District 2 and need to be part of District 2 again. Stretch it north to south again (12 miles) from North Beach to TAMUCC and add some westside to it for a compact contiguous district instead of the long stretch up to Calallen. A district like this would also keep its status as a minority majority district with Hispanic Voting Age Population at 61.1%, Black at 4.9% and White at 31.4%. Christus Spohn Shoreline, Christus Clinic and old Memorial, Doctors Regional and Driscoll Hospitals would all be in the same district. We would be a real hospital district. The tourist attractions and parks, cultural heritage and sites, festivals, opportunity zones and small local businesses would all be in the same district. The City's oldest housing stock and infrastructure would all be in the same district. Julie Rogers Where are the draft maps with demographics from todays redistricting workshop (2/21/22)? Julie Rogers We are expecting good redistricting with the illustrative maps from the City Council's Workshop on Monday, February 21st. Bad redistricting can take away minority voting rights. The Voting Rights Act is critical to ensuring that racial and ethnic minority communities have an opportunity to elect candidates of their choice, especially in Districts 1, 2 and 3, which are majority minority districts. For good redistricting, please make sure the illustrative district maps and the next set of district maps comply with the requirements of the Voting Rights Act. Good redistricting will empower and uplift our communities. The illustrative maps need to be published at least 24 hours before the Community Input Sessions begin the next day so we can determine if they are good or bad. Julie Rogers COMMENTS FROM ELISA GONZALEZ Dear Mayor Guajardo and City Council Members, A short time ago, I and others gave public input about what steps could be taken to make the Corpus Christi City Council a truly democratic, transparent, representative council. It has been really impressive to see how quickly the Council moved forward on implementing some of those suggestions. Thank you for your hard work in accomplishing those and moving forward with others. More than anything, the effort to make meetings on redistricting and in general available to public input is really encouraging. The creation of the website is as well. I say that knowing that there is still ongoing work to make the website truly interactive, and that this work has been done with such a short timeline as every aspect of redistricting at every level of government has been rushed from the time the Census data was released. It is for this fact and the fact that the Census data was considered inaccurate due to the appearance of Covid19 and the shortened intake time, that I want to emphasize and request that the Council not treat this redistricting as a once and for all. There is no doubt in my mind that 10 years is too long to be stuck with faulty maps that don't reflect the enormous, rapid changes that our society is undergoing. It is important that the Council begins to work on the process for future redistricting right now. Whatever lines will be drawn can almost be guaranteed to be lacking way before 10 years has passed. There are changes that can be started right now to ensure fair maps in the future. One of those is to begin the work on creating an Independent Redistricting Commission. It should be created with a more flexible way of working with changing demographics. Some of the larger political processes can open to more creative approaches to shape our city's political landscape. Instead of merging districts to achieve the "correct population" for districts when the merged districts don't share issues, perhaps creating new, smaller districts should be considered. The smaller districts that share issues will be better able to get direct representation from their District Council Members instead of at-large Council Members who are all from the same district. I know this might sound like pie in the sky, but I think it is rather appalling that the district maps of today have actually been around for 30 years. Even just considering this and starting to move in the direction of addressing charters would be an improvement. In the meantime, I hope the Council continues to welcome public input, to honor transparency, and continues to be a responsive Council. Thank you, Elisa Gonzalez COMMENTS FROM ADAM COSTANZO Hello CC Redistricting, I'd like to advocate for a district design which unites the bayfront from TAMUCC to North Beach into a single district. This would allow: * Older, established neighborhoods in the Bay Area to be together; * The Island and Flour Bluff to be connected to more similar, newer subdivisions on the eastern side of Southside; * Soon to be fast-growing and more suburban, Calallen to be separated from Downtown and North Beach; * North Beach, Downtown, and the Bayfront to all be thought of as a single bayside unit for tourism, urban infill development, and beautification. I'm attaching a map I worked up using districtbuilder.orq Thanks very much, Adam Costanzo COMMENTS FROM LISA HERNANDEZ It is now 10:05 February, 21. Please post the proposed map ASAP. You want an informed public, post the information! You want meaningful community input, post the information. You want to represent us, post the information. Lisa Hernandez COMMENTS FROM JASON PAGE My biggest complaint is that I, a resident located on Floyd Street near Doddridge& Ocean Drive, share very little in common with the majority of residents located in Flour Bluff, Padre Island, and Mustang Island. I feel like the residents located along the Ocean Drive /Alameda /Santa Fe Corridor that are part of District 4 are NOT well served by a council member that focuses attention on the vote-getting center (also known as Padre Island.) Our location would be better served by being part of District 2 (as it currently exists). Thank you, Jason Page COMMENTS FROM ELI MCKAY You must prioritize the Voting Rights Act requirements during the redistricting process. Too many of our residents do not have adequate representation by their elected leaders, and you have the power to be the Council that makes real structural change for this city and helps bring it into the future. Consider a map that will eliminate the At Large positions and approve a map that breaks the districts into eight districts. This will create a more equitable local government and ensure there is no district priority for votes and projects. Eli McKay COMMENTS FROM TOM TAGLIABUE Please do not consider any election data during the Redistricting process. Consider communities of interest specific to City service delivery. For example, location of parks, libraries, fire stations, senior centers, trash routes, and other essential City services. Redistricting should be completely non-partisan. Do your best to protect representation by historically discriminated demographics. Hispanics and women are the majority population in Corpus Christi. Old white males make up the majority voting age population and desperately try to retain power to the detriment of Hispanics, Blacks, Asians, women, and the LGBTQ community. Neighborhoods should not be split for political purposes. Make sure City services are fairly and equitably distributed throughout the City and not packed to serve a political party or demographic group. Sincerely , Tom Tagliabue COMMENTS FROM SALLY CLARK FARRIS I am Sally Clark Farris. My family came to Corpus Christi in the 1930's. After my endorsing Mr. Tim Dowling's comment above, I want to tell you about living in District#1 and what that experience suggests for the district's adjusted boundaries. Born and raised on North Beach (Corpus Christi Beach), I had a magical childhood fishing, catching crabs, and swimming in the tidal wash from cargo ships as they pushed tiny tsunamis along the ship channel. My family was in the motel and excursion boat business. My father had a bird dog named Sissy who would take off on her own to get a free Ferris wheel ride when Daddy wasn't able to walk us both to the carnival. During my daughter's middle and high school years, we lived in Calallen where she was the first female President of the Calallen Future Farmers of America and a Texas Youth Rodeo roping champion. Those days, most family and friends were refinery employees or refinery affiliated. We identified with Robstown, not downtown Corpus Christi. So, this wharf rat with a cowgirl offspring knows well the rich and culturally diverse interests in District #1. Clearly, the district is not properly configured at this time. 18.8 miles stands between Calallen High School and the Aquarium. Among all the districts, council District #1 best illustrates polar opposites. The upshot is "The Beach" (Corpus Christi Beach) rightly belongs with interests in the SEA (Sports, Entertainment, and Arts) District, not bundled with activity along refinery row and far western Nueces County. If tourist, water-orientated, and Texas State Aquarium concerns are to be represented so that residents and businesses have a fair voice in local government, "The Beach" must be paired with District # 2. Concurrently, District # 2 or a successor district should be adjusted to capture all waterfront and hospitality enterprises near downtown, including The Beach. Industrial and refinery activities, important as they are, do not belong with hotels, the marina, and waterfront strolls. By the same token, to honor rural and ag interests for which Calallen and Tuloso-Midway are noted, residents there should not be cobbled to SEA investments and plans. Thank you for reading my story. COMMENTS FROM PAULA BREIGHTON At its most basic, a map is a symbolic representation of selected characteristics of a place. With that in mind, we must look at the proposed maps and ask the following: Were those characteristics selected with the influence of money? Were they selected with the intent of gaining or retaining power? Were they selected to give certain stakeholders more access to office holders?Are those characteristics legally defensible?And, perhaps more importantly, were those characteristics chosen for the right reasons. Questions to be considered as the City Council chooses the map which will be used for the next decade. Thank you for the opportunities you provided for citizen input. Regards, Paula Breighton REDISTRICTING GENERAL INPUT SESSION FEBRUARY 22, 2022 Tim Dowling stated that he would like to see data about the precincts, would like to see at least three proposed maps, and that downtown and North Beach should be joined with District 2. Julie Rogers stated that there was not enough time to review the maps and spoke regarding the Voting Rights Act. Sylvia Campos stated that there was not enough time to review the maps and that this was a rushed process. REDISTRICTING COMMUNITY INPUT SESSIONS DISTRICT 1 — FEBRUARY 24, 2022 Julie Rogers and Joy Miller stated that their desire is to move North Beach and downtown to District 2. DISTRICT 2 — FEBRUARY 23, 2022 Keren and Adam Constanzo presented their own map (Plan C)and stated that their desire is to move downtown and the Bay area neighborhoods into District 2. Alice Hawkins stated that she would like to see a map that includes downtown and the North Beach area. Julie Rogers stated that she would like to see downtown and the Bay move into District 2. DISTRICT 3 — MARCH 3, 2022 Linda Snider supports the Independent Redistricting Commission, supports Plan D Map, and in support of updating the website with any new maps. Peggy Duran commends the City for holding these meetings, stated that Plan D Map appears to be the most logical, and supports an Independent Redistricting Commission. z Elisa Gonzalez stated that she supports an Independent Redistricting Commission. Redistricting should be based on what is fair to the voters, the law firm should analyze Plans C and D to determine if they are legal and for City Council to consider them. Whether districts are protected by the Voting Rights Act. DISTRICT 4— MARCH 2, 2022 Tim Dowling presented his own map (Plan D) and stated that his map is similar to Mr. Costanzo's map (Plan C). He would like to see downtown move into District 2. Shirley Thornton asked about a growth chart for District 4 over the last 10 years. Flo East would like to know if the growth is on the island or in Flour Bluff. Paula Breighton supports the citizen submitted maps, an Independent Redistricting Commission, and would like to see At Large Members become Single Member Council Districts. R. Hodge asked what the population needs to be to reconsider more districts. Laurie Turner asked about Plan C map voting precincts. David Gerlach spoke regarding potential future growth and asked about racial disparities. DISTRICT 5 — FEBRUARY 28, 2022 Tim Dowling presented his own map (Plan D), would like to see downtown and North Beach be part of District 2, he believes that Plan C and D are more logical than Plan B, the least populated district to the most populated district cannot exceed 10% and would like to see a spreadsheet of the precincts. Elisa Gonzalez supports Mr. Dowling's map (Plan D), not enough notice for meetings, and supports an Independent Redistricting Commission. Paula Breighton stated that local elections have the biggest impact on our lives and advocated for an Independent Redistricting Commission.