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HomeMy WebLinkAboutAgenda Packet City Council - 11/13/2012Corpus Christi Meeting Agenda - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, November 13, 2012 12:00 PM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor Buddy Stevens, Bay Area Fellowship Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations / Commendations 1 12 -00782 Proclamation declaring November 11 -17, 2012 as "National Hunger and Homelessness Awareness Week" Proclamation declaring November 15, 2012 as "GIS Technology is Changing Our World Day" "At Your Service" Award, City Employee Recognition F. MINUTES: 2 12 -00783 Approval of Meeting Minutes - October 30, 2012. Attachments: Minutes - October 30, 2012.pdf Corpus Christi Page 1 Printed on 11/12/2012 City Council Meeting Agenda - Final November 13, 2012 G. BOARDS & COMMITTEE APPOINTMENTS: (NONE) H. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. I. CONSENT AGENDA: (ITEMS 3 - 7) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3 12 -00724 Second Reading Ordinance - A change of zoning from the "CG -2 /SP" General Commercial District with a Special Permit to the "IL" Light Industrial District, at 4222 South Staples Street (1st Reading 10/30/12) (Requires 2/3 vote) Case No. 0812 -04 International Resistive Company Advanced Film Division: A change of zoning from the "CG -2 /SP" General Commercial District with a Special Permit to the "IL" Light Industrial District, resulting in a change of future land use from commercial to light industrial. The property to be rezoned is described as South Staples Center, Lot B -4, located on the northeast corner of South Staples Street and Gollihar Road between Everhart Road and Caddo Street. Planning Commission and Staff Recommendation (August 15, 2012): Denial of the change of zoning from the "CG -2 /SP" General Commercial District with a Special Permit to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG -2 /SP" General Commercial District with a modified Special Permit subject to the specified conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by International Resistive Company of Texas, LLC ( "Owner"), by changing the UDC Zoning Map in reference to South Staples Center, Lot B -4, from a "CG -2 /SP" General Commercial District with a Special Permit to a "CG -2 /SP" General Commercial District with a modified Special Permit; amending the Comprehensive Plan to account for any Corpus Christi Page 2 Printed on 11/12/2012 City Council Meeting Agenda - Final November 13, 2012 deviations; providing a repealer clause; and providing for penalties and publication. Attachments: Agenda Memo - IRC, 10 -1 -12 Map - Aerial Overview Map Zoning Report - for CC IRC (10 -1 -12) FINALwATTCHMTS Ordinance - Recommended Intl Resistive Co Special PermitAmdmt Ord vFinal 4 12 -00737 Second Reading Ordinance - Accepting and appropriating a State grant to support local Emergency Management Programs (1st Reading 10/30/12) (Requires 2/3 vote) Ordinance ratifying acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $77,693.08 for the Emergency Management Performance Grant (EMPG); and appropriating $77,693.08 from the Emergency Management Performance Grant Program in the no. 1063 Emergency Mangement Grants Fund to improve mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi. Attachments: Agenda memo - EMPG grant2 Ordinance - (EMPG) 2012 -Fire (2).docx Grant Award - Notice of Subrecipient Grant Award. pdf 5 12 -00740 Second Reading Ordinance - Accepting and appropriating a State grant for detection capabilities of threats, man -made or natural disasters, and acts of terrorism (1st Reading 10/30/12) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA) in the amount of $45,221.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $45,221.80 from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. Attachments: Agenda memo - SHSP grant (2) Ordinance - approp TXHLS -SAA Grant Award - Sub - Recipient Award 6 12 -00741 Second Reading Ordinance - Accepting and appropriating a State grant to provide emergency response and security capabilities for deterrence of potential threats and acts of terrorism. (1st Reading Corpus Christi Page 3 Printed on 11/12/2012 City Council Meeting Agenda - Final November 13, 2012 10/30/12) (Requires 2/3 vote) Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA) in the amount of $57,254.20 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) Law Enforcement Terrorism Prevention Activity (LETPA); and appropriating $57,254.20 from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection- oriented activities (LETPA) such as planning, organization, training, exercises, and purchase needed equipment. Attachments: Agenda memo - TXHLS- SAA -LETPA Ordinance - approp TXHLS - SAA -LETPA Grant Award - Sub - Recipient Grant Award 7 12 -00746 Second Reading Ordinance - Accepting and appropriating a State grant for Women, Infants, and Chilren (WIC) program (1st Reading 10/30/12) (Requires 2/3 vote) Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant in the amount of $442,380 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program; and to ratify acceptance of the grant to begin as of October 1, 2012. Attachments: Agenda memo - WIC 12 -13 Exec Summary Form - ACTION ITEM Correction Ordinance - 12 -13 WIC Ord DWB.docx Contract - Corpus Christi - Nueces County Public Health District 2013 - 042712 -0( J. EXECUTIVE SESSION: (NONE) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. K. PUBLIC HEARINGS: (ITEMS 8 - 11) 8 12 -00725 Public Hearing and First Reading Ordinance -A change of zoning from the "FR" Farm Rural District to the "RM -2" Multifamily 2 Corpus Christi Page 4 Printed on 11/12/2012 City Council Meeting Agenda - Final November 13, 2012 District on Tract 1 and the "RS -6" Single - Family 6 District on Tract 2, at 4033, 4013, 4001, 3933, 3901 Airline Road (Requires 2/3 vote) Case No. 1012 -01 The Mostaghasi Investment Trust DBA Sun George Contracting and Development Co.: A change of zoning from the "FR" Farm Rural District to the "RM -2" Multifamily 2 District on Tract 1 and the "RS -6" Single - Family 6 District on Tract 2, resulting in a change of future land use from commercial to high density residential on Tract 1 and from medium density residential to low density residential on Tract 2. The property to be rezoned is described as being a 21.179 -acre tract of land out of Lots 7 and 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Lipes Boulevard. Planning Commission and Staff Recommendation (October 10, 2012): Approval of the change of zoning from the "FR" Farm Rural District to the "RM -2" Multifamily 2 District on Tract 1 and the "RS -6" Single - Family 6 District on Tract 2. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by The Mostaghasi Investment Trust DBA Sun George Contracting and Development Co. ( "Owner"), by changing the UDC Zoning Map in reference to a 21.179 -acre tract of land out of Lots 7 and 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RM -2" Multifamily 2 District on Tract 1 and the "RS -6" Single - Family 6 District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Attachments: Agenda memo - Case no. 1012 -01 Mostaghasi Map - Aerial Overview Map Zoning Report - 1012 -01 Mostaqhasi Ordinance - 1012 -01 Mostaghasi 10 -9 -12 9 12 -00743 Public Hearing and First Reading Ordinance -A change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District, at 6197 Dunbarton Oak Drive (Requires 2/3 vote) Case No. 1012 -02 Saratoga Highway Properties, LLC: A change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District, without resulting in a change of future land use. The property to be rezoned is described as being a 3.38 -acre tract of land out of Lot 1, Block 3, Cimarron Center, located on the southwest corner of Dunbarton Oak Drive and Cimarron Boulevard. Corpus Christi Page 5 Printed on 11/12/2012 City Council Meeting Agenda - Final November 13, 2012 Planning Commission and Staff Recommendation (October 10, 2012): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Saratoga Highway Properties, LLC ( "Owner"), by changing the UDC Zoning Map in reference to a 3.38 -acre tract of land out of Lot 1, Block 3, Cimarron Center, from the "CN -1" Neighborhood Commercial district to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Attachments: Agenda Memo, 1012 -02, Saratoga Highway (11 -20 -2012) Aerial Overview Zoning Report, 1012 -02, Saratoga Highway Ordinance - 1012 -02 Saratoga Highway 10 12 -00744 Public Hearing and First Reading Ordinance -A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District, at 7201 Yorktown Boulevard (Requires 2/3 vote) Case No. 1012 -03 Yorktown Oso Joint Venture: A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District, without resulting in a change of future land use. The property to be rezoned is described as being a 7.339 -acre tract of land out of Lots 29 and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located east of Rodd Field Road and south of Stampede Drive. Planning Commission and Staff Recommendation (October 10, 2012): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to a 7.339 -acre tract of land out of Lots 29 and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Corpus Christi Page 6 Printed on 11/12/2012 City Council Meeting Agenda - Final November 13, 2012 Attachments: Agenda memo - Case no. 1012 -03 Yorktown Oso Venture Map - Aerial Overview Zoning Report - 1012 -03, Yorktown Oso Ordinance - 1012 -03 Yorktown Oso 11 12 -00750 Public Hearing and First Reading Ordinance -A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District, at 7201 Yorktown Boulevard (Requires 2/3 vote) Case No. 1012 -04 Yorktown Oso Joint Venture: A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District, without resulting in a change of future land use. The property to be rezoned is described as being a 13.206 -acre tract of land out of Lots 31 and 32, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located east of Rodd Field Road and south of High Gun Drive. Planning Commission and Staff Recommendation (October 10, 2012): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to a 13.206 -acre tract of land out of Lots 31 and 32, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Attachments: Agenda memo - Case no. 1012 -04 Yorktown Oso Joint Venrure Map - Aerial overview Zoning Report - 1012 -04, Yorktown Oso Ordinance - 1012 -04 Yorktown Oso L. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. M. FIRST READING ORDINANCES: (ITEMS 12 - 14) 12 12 -00762 First Reading Ordinance - Appropriating developer fees and interest for park improvements and related projects (Requires 2/3 vote) Ordinance appropriating $43,824.93 in developer contributions and Corpus Christi Page 7 Printed on 11/12/2012 City Council Meeting Agenda - Final November 13, 2012 $1.241.91 in interest earnings for a sum of $45,066.84 in the No. 4720 Community Enrichment Fund for park innprovennento, and other related projects. Attachments: Agenda memo Comm. Enrich. fund Ordinance CommEnriuh funds appropriation Fees and Interest Comm Enrich Appropriations Nov12 13 12-00763 First Reading Ordinance - Accepting and appropriating State grant for Meals on Wheels Program (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $248.663.25 grant awarded by the Texas Department of Aging and Disability Services and appropriating in No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Gervioeo, Title XIX and Title XX Meals on Wheels Program. Attachments: Agenda Memo Title XX MOW Grant Appropriation FY12 Ordinance Title XX Meals on Wheels Grant Appropriation Contract Amendment NOFA TitIe XX MOW Grant Award FY 12 14 12-00704 First Reading Ordinance - Amending the number of members for the Sister City Committee Ordinance to revise the membership of the Sister City Committee from 21 members to 15 members. Attachments: Agenda Memo Sister City members Ordinance Sister City Committee membershil N. FUTURE AGENDA ITEMS: (ITEMS 15 - 21) The following items are for Council's informational purposes only. No action wil be taken and no public comment will be solicited 15 12-00766 Interlocal Agreement for ongoing community needs assessment for the positive development of youth and families Resolution authorizing the City Manager, or deoignee, to execute an Interlocal Agreement with Texas A&M University-Corpus Christi regarding ongoing community needs assessment. Attachments: Agenda memo Interlocal Aqmt with TAMU-CC Resolution Texas A&MCC|ntedomdAnmt Community Needs Assessment Agreement Interlocal with TAMU-CC 16 12-00680 Agreement for the installation of Iighting at the Packery Channel for the new parking lot and overlooks Motion approving a Contribution-ln-Aid-Of-Construction Agreement with Corpus Christi Page 8 Printed on 11/12/20 u City Council Meeting Agenda - Final November 13, 2012 American Electric Power (AEP) in the amount of $67,114.70 for the installation of the Packery Channel Parking and Overlooks Lighting. Attachments: Agenda memo - Packery Channel Lighting Agreement - Packery Channel Phase 2 - CIAC .pdf Location map - exhibit - light- packery- channel- phase2.pdf Design - Packery Channel Phase 2 -.pdf 17 12 -00648 Amendment to Type A agreement for Plant Bikes (Rugged Cycles) (Original Agreement Passed 05/29/12) Resolution approving an amended business incentives agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Plant Bikes LLC ( "Rugged Cycles "), to provide a grant of up to $200,000 to purchase and improve a manufacturing facility in Corpus Christi and the creation and retention of jobs. Attachments: Agenda memo - Rugged Cycles Amendment 10 24 12 Agreement - Rugged Cycles First Amendment 10 12 12 Resolution - Rugged CyclesAmd 8 -30 -12 18 12 -00749 Nominating oil refining company as a double jumbo Texas Enterprise Zone project making them eligible for State sales tax rebates Approving a resolution nominating Valero Refining ( "Valero ") to the Office of the Governor Economic Development & Tourism ( "EDT ") through the Economic Development Bank ( "Bank ") as a double jumbo enterprise project pursuant to the Texas Enterprise Zone Act ( "Act "). Attachments: Agenda Memo - Valero TEZ Resolution - Valero TEZ Project Nomination 10 -24 -12 Ordinance - Historical reference CC Ordinance 025513 19 12 -00753 Adopting City portions of action plan and appointing hazard mitigation coordinator for the reduction of loss from natural hazards Resolution adopting the portions of the Coastal Bend Mitigation Action Plan that pertains to the City of Corpus Christi which were developed with the Coastal Bend Council of Governments and Appointing the City Manager or his designee to act as the City's hazard mitigation coordinator. Attachments: Agenda memo - CBMAP Resolution - Updated votesheet - CMPAP Protect List - CBMAP 20 12 -00769 Grant Application to develop curriculum for training businesses Corpus Christi Page 9 Printed on 11/12/2012 City Council Meeting Agenda - Final November 13, 2012 and residents for emergency situations Resolution ratifying the submission of a grant application for FEMA 2012 Community Resilience Innovation Challenge Grant in the amount of $35,000.00 to combine emergency management studies and plans to develop a training lesson deliverable by businesses, colleges, and local schools through human resources including the City's HR department, new student orientations, and business continuity training classes. Attachments: Agenda memo - FEMA Resilience Grant Applicaition Resolution - Updated votesheet - FEMA resilence grant 21 12 -00767 Ratification of funding agreements for the Emergency Solutions Grant Program Motion ratifying the FY2012 -13 Emergency Solutions Grant Program funding agreements to be effective August 1, 2012 Attachments: Agenda memo - ratify ESG FY 2012 -13 List of Recipients - Emergency Solutions Grant FY2012 -13 O. UPDATES TO CITY COUNCIL: (NONE) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. P. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 10 Printed on 11/12/2012 City Council Meeting Agenda - Final November 13, 2012 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. Q. SPECIAL PRESENTATION AND OUTGOING SPEECHES R. ADJOURNMENT Corpus Christi Page 11 Printed on 11/12/2012 Corpus Christi Meeting Minutes - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, October 30, 2012 12:00 PM Council Chambers A. CALL MEETING TO ORDER. Mayor Adame called the meeting to order. B. INVOCATION. The invocation was delivered by Pastor David Srygley, Arlington Heights Church of Christ. C. PLEDGE OF ALLEGIANCE. The Pledge of Allegiance was led by Council Member John Marez. D. ROLL CALL. City Secretary Armando Chapa verified that the necessary quorum of the Council and the foregoing necessary Charter Officers, City Manager Ron Olson, City Attorney Carlos Valdez and City Secretary Armando Chapa were present to conduct the meeting. Present: 9 - Mayor Joe Adame,Council Member Chris Adler,Council Member Kelley AIIen,Council Member Larry Elizondo,Council Member Priscilla LeabCouncil Member David Loeb,Council Member John Marez,Council Member Nelda Martinez, and Council Member Mark Scott E. Proclamations / Commendations 1 Proclamation declaring November 2012 as "Pulmonary Hypertension Awareness Month: Proclamation declaring November 10 -17, 2012 as "Corpus Christi Recycles Week" Presentation to MayorAdame by Pride /Clean /Fitness Committee MayorAdame read and presented the Proclamation(s). F. SPECIAL PRESENTATION: 2 BoldFuture Final Presentation MayorAdame referred to Item No. 2, Final Presentation for BoldFuture. Mary Sherwood, Texas A &M University - Corpus Christi provided a brief recap of the project and discussed the 4 phases of the project; guiding principles; key community concern; leadership team; vision focus areas; deliverables and Corpus Christi Page 1 Printed on 11/6/2012 City Council Meeting Minutes - Final October 30, 2012 results; and financial and in -kind funders; G. MINUTES: 3 Approval of Meeting Minutes - October 23, 2012. A motion was made by Council Member Marez, seconded by Council Member Elizondo and passed to approve the minutes as presented. H. BOARDS & COMMITTEE APPOINTMENTS: (NONE) J. CONSENT AGENDA: (ITEMS 4 - 9) Mayor Adame called for consideration of the Consent Agenda, Items 4 - 9. Mayor Adame asked for comments from the audience and there were no comments. The following items were approved by one vote: 4 Interlocal agreement for engineering students senior undergraduate design course at water treatment plant (Requires 2/3 vote) Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A &M University - Kingsville for evaluation and recommendation of various processes at the O.N.Stevens Water Treatment Plant. The foregoing resolution was passed and approved with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: 029664 5 Resolution of support to reduce air emissions and maintain ambient air quality standards Resolution by the City Council of the City Corpus Christi supporting the Corpus Christi Air Quality Groups participation in the EPA Ozone Advance Program to promote local actions to reduce ozone precursors in the community and continue to maintain National Ambient Air Quality Standards for ozone. The foregoing resolution was passed and approved with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: 029665 Corpus Christi Page 2 Printed on 11/6/2012 City Council Meeting Minutes - Final October 30, 2012 6 Professional services contract for design and construction of improvements at wastewater treatment plant (Requires 2/3 vote) 7 8 Motion authorizing the City Manager, or designee, to execute a professional services contract with Urban Engineering of Corpus Christi, Texas in the amount of $359,620 for the Laguna Madre Wastewater Treatment Plant 2013 Improvements. The foregoing motion was passed and approved with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: M2012 -190 Second Reading Ordinance - Utility easement closure to develop property located east of Port Avenue and north of Morgan Avenue (1st Reading 10/23/12) (Requires 2/3 vote) Ordinance abandoning and vacating the five -foot wide utility easement out of PortmoorAddition, Block 1, Lot 8; and requiring the owner, Bill Miller Bar B Q, to comply with the specified conditions. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: 029666 Second Reading Ordinance - Utility easement closure to develop property located east of Ennis Joslin Road and north of South Padre Island Drive (1st Reading 10/23/12) (Requires 2/3 vote) Ordinance abandoning and vacating a 10 -foot wide utility easement out of Lot 5, Block 1, Joslin Tracts; and requiring the owner, The Alexan Resort on the Bay, LLC, to comply with the specified conditions. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Corpus Christi Page 3 Printed on 11/6/2012 City Council Meeting Minutes - Final October 30, 2012 9 Enactment No: 029667 Second Reading Ordinance- Amending capital improvement budget and amending professional services contract for airport improvements (1st Reading 10/23/12) (Requires 2/3 vote) Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to accelerate Project No. E12156 Rehabilitate East General Aviation (EGA) Apron from Fiscal Year 2015 to 2013; increasing expenditures in the amount of $121,050; and authorizing the City Manager or designee to execute Amendment No. 13 to a Professional Services Agreement with KSA Engineers, Inc. of Longview, Texas, in the amount of $121,050 for the rehabilitation of the East General Aviation (EGA) Apron. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: 029668 M. REGULAR AGENDA: (ITEM 12) Mayor Adame deviated from the agenda and referred to Item No. 12. Laura Garcia, Interim Library Director stated that this item is renaming the Northwest Library to the Owen R. Hopkins Public Library. Ms. Garcia stated that Mr. Hopkins was responsible for arranging for the installation of a 14 foot Columbian Mammonth Front Leg Bone at the Northwest Branch Library, and was instrumental in obtaining the donation of a 65 million year old fossil fish which is on permanent exhibit at the Garcia Library. Mayor Adame asked for comments from the audience. Susan Hopkins thanked the council for renaming the library to Owen R. Hopkins Public Library; Colleen McIntyre spoke of Mr. Hopkins accomplishments and thanked for the council for renaming the Northwest Library in his honor. 12 Renaming Northwest Library Resolution authorizing the name change of the Northwest Library to the Owen R. Hopkins Public Library. The foregoing resolution was passed and approved with the following vote: Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: 029670 Corpus Christi Page 4 Printed on 11/6/2012 City Council Meeting Minutes - Final October 30, 2012 K. EXECUTIVE SESSION: (ITEM 10) 10 Mayor Adame read Executive Session No. 10. The council went into executive session. The council returned from executive session. Executive session pursuant to Section 551.072 to deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the City of Corpus Christi in negotiations with a third person with possible discussion and action in open session. A motion was made by Council Member Scott, seconded by Council Member Marez to approve the following Resolution: Resolution authorizing the City Manager to negotiate with and select a federal real estate and airport development specialist to proceed with all preparation necessary for the development of a United States Coast Guard facility to be located on land at the Corpus Christi International Airport. The foregoing resolution was passed and aprpoved with the following vote: Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: 029669 L. PUBLIC HEARINGS: (ITEM 11) 11 Mayor Adame referred to Item No. 11. Mark Van Vleck, Interim Director of Development Services stated the purpose of this rezoning is to allow for the continued operation of a testing and manufacturing facility and to modify the property's existing special permit conditions. Mr. Van Vleck stated that the Planning Commission and Staff recommend approval of the "CG -2 /SP" General Commercial District with a modified Special Permit subject to specified conditions. A motion was made by Council Member Martinez, seconded by Council Member Elizondo to open the public hearing. Mayor Adame asked for comments from the audience and there were none. A motion was made by Council Member Martinez, seconded by Council Member Elizondo to close the public hearing. Public Hearing and First Reading Ordinance - A change of zoning from the "CG -2 /SP" General Commercial District with a Special Permit to the "IL" Light Industrial District, at 4222 South Staples Street (Requires 2/3 vote) Case No. 0812 -04 International Resistive Company Advanced Film Division: A change of zoning from the "CG -2 /SP" General Commercial District with a Special Permit to the "IL" Light Industrial District, Corpus Christi Page 5 Printed on 11/6/2012 City Council Meeting Minutes - Final October 30, 2012 resulting in a change of future land use from commercial to light industrial. The property to be rezoned is described as South Staples Center, Lot B -4, located on the northeast corner of South Staples Street and Gollihar Road between Everhart Road and Caddo Street. Planning Commission and Staff Recommendation (August 15, 2012): Denial of the change of zoning from the "CG -2 /SP" General Commercial District with a Special Permit to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG -2 /SP" General Commercial District with a modified Special Permit subject to the specified conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by International Resistive Company of Texas, LLC ( "Owner"), by changing the UDC Zoning Map in reference to South Staples Center, Lot B -4, from a "CG -2 /SP" General Commercial District with a Special Permit to a "CG -2 /SP" General Commercial District with a modified Special Permit; amending the Comprehensive Plan to account for any deviations; providing a repealer clause; and providing for penalties and publication. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 2 - Council Member Leal and Council Member Scott Abstained: 0 N. FIRST READING ORDINANCES: (ITEMS 13 - 16) 13 First Reading Ordinance - Accepting and appropriating a State grant to support local Emergency Management Programs (Requires 2/3 vote) Ordinance ratifying acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $77,693.08 for the Emergency Management Performance Grant (EMPG); and appropriating $77,693.08 from the Emergency Management Performance Grant Program in the no. 1063 Emergency Mangement Grants Fund to improve mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi. The foregoing ordinance was passed and approved on first reading with the following vote: Corpus Christi Page 6 Printed on 11/6/2012 City Council Meeting Minutes - Final October 30, 2012 14 15 Aye: 7- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 2 - Council Member Leal and Council Member Scott Abstained: 0 First Reading Ordinance - Accepting and appropriating a State grant for detection capabilities of threats, man -made or natural disasters, and acts of terrorism (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA) in the amount of $45,221.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $45,221.80 from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 2 - Council Member Leal and Council Member Scott Abstained: 0 First Reading Ordinance - Accepting and appropriating a State grant to provide emergency response and security capabilities for deterrence of potential threats and acts of terrorism. (Requires 2/3 vote) Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA) in the amount of $57,254.20 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) Law Enforcement Terrorism Prevention Activity (LETPA); and appropriating $57,254.20 from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and Corpus Christi Page 7 Printed on 11/6/2012 City Council Meeting Minutes - Final October 30, 2012 protection- oriented activities (LETPA) such as planning, organization, training, exercises, and purchase needed equipment. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 2 - Council Member Leal and Council Member Scott Abstained: 0 16 First Reading Ordinance - Accepting and appropriating a State grant for Women, Infants, and Chilren (WIC) program (Requires 2/3 vote) Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant in the amount of $442,380 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program; and to ratify acceptance of the grant to begin as of October 1, 2012. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Loeb, Council Member Marez and Council Member Martinez Absent: 2 - Council Member Leal and Council Member Scott Abstained: 0 O. FUTURE AGENDA ITEMS: (NONE) P. UPDATES TO CITY COUNCIL: (NONE) Q. PUBLIC COMMENT. Mayor Adame referred to Public Comments. Jerry Garcia thanked the council for their service. R. CITY MANAGER'S COMMENTS: Update on City Operations City Manager Olson stated that there were no council updates. Mr. Olson thanked the Council for their service. Council Members expressed their appreciation to Mayor Joe Adame for his service and his leadership on the Council. Corpus Christi Page 8 Printed on 11/6/2012 City Council Meeting Minutes - Final October 30, 2012 S. ADJOURNMENT There being no further business to come before the Council, Mayor Adame adjourned the meeting at 2:10 pm. Corpus Christi Page 9 Printed on 11/6/2012 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 30, 2012 Second Reading /Action Item for the City Council Meeting of November 13, 2012 DATE: October 1, 2012 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING International Resistive Company Advanced Film Division (Case No. 0812 -04) Change from "CG -2 /SP" General Commercial District with a Special Permit To "IL" Light Industrial District Property Address: 4222 South Staples Street CAPTION: Case No. 0812 -04 International Resistive Company Advanced Film Division: A change of zoning from the "CG -2 /SP" General Commercial District with a Special Permit to the "IL" Light Industrial District, resulting in a change of future land use from commercial to light industrial. The property to be rezoned is described as South Staples Center, Lot B -4, located on the northeast corner of South Staples Street and Gollihar Road between Everhart Road and Caddo Street. PURPOSE: The purpose of this item is to rezone the property to allow for the continued operation of a testing and manufacturing facility and to modify the property's existing Special Permit conditions. RECOMMENDATION: Planning Commission and Staff Recommendation (August 15, 2012): Denial of the change of zoning from the "CG -2 /SP" General Commercial District with a Special Permit to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG -2 /SP" General Commercial District with a modified Special Permit subject to the following eight conditions: 1.) ALLOWED USES: The only use authorized by the Owner under this Special Permit, other than the basic uses by right in the "CG -2" General Commercial District, is a resistor assembly plant. 2.) FLOOR AREA: The floor area of the facility and related offices and storage areas cannot exceed 110,000 square feet. 3.) ABOVEGROUND TANKS: Outdoor aboveground storage tanks may be utilized by the Owner for the storage of liquid nitrogen so long as the combined total storage capacity of the tanks does not exceed 24,000 gallons. The tanks cannot be located closer than 60 feet from the northeast property line abutting the single - family neighborhood. 4.) OUTSIDE STORAGE: Outside storage, except for the aboveground storage tanks, is not allowed on the property. Any storage of hazardous materials by the Owner must be stored inside the existing facility and is subject, at all times, to the approval of the City's Fire Marshal and Building Official. 5.) SCREENING FENCE: A standard screening fence with a height of not less than six (6) feet must be installed and maintained by the Owner along the northeast property line abutting the single - family neighborhood. The fence must be installed within one (1) year from the date of this ordinance. 6.) LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must be located along the South Staples Street, Gollihar Road, and Caddo Street public rights -of- way. The landscaping strip must contain ground cover and shrubs in accordance with the Unified Development Code's approved plant list. The Owner must ensure that all landscaping is kept in a healthy and growing condition at all times. Landscaping must be installed within one (1) year from the date of this ordinance. 7.) ACCESS: No driveways or direct access is permitted onto Everhart Road or Jacquelyn Drive. 8.) TIME LIMIT: This Special Permit expires one (1) year from the approval date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions are being met by the Owner. BACKGROUND AND FINDINGS: The applicant is requesting a change of zoning to modify the existing Special Permit conditions. The applicant is requesting an increase in the amount of liquid nitrogen storage from 12,000 gallons to 24,000 gallons and a minor increase in the floor area of the facility. The facility tests and manufactures resistors, sensors, and other resistive devices and uses liquid nitrogen to test electronic parts' viability at low temperatures. The Fire Department has no objection to the increased amount of liquid nitrogen for the facility. The applicant received its first Special Permit in 1975 at this location and has since been granted four modifications to the Special Permit conditions over the years. North of the subject property is a low density, single - family subdivision that is zoned as the "RS -6" Single - Family 6 District. West of the subject property is a Stripes Gas Station which is zoned in the "CG -2" General Commercial District. South of the subject property are multiple car lots which are zoned in the "Cl" Intensive Commercial District and the "CG -2" General Commercial District. East of the property, there are a few commercial uses including restaurants and a Montessori school, which are all zoned a "CG -2" District. There are also multifamily housing units (Lamplighter Apartments) to the east of the property. Staff does not recommend a change of the zoning district to the "IL" Light Industrial District because the subject property borders residential and commercial uses. Granting the facility a Special Permit will accommodate the facility's needs while protecting the surrounding area from future incompatible industrial uses. The applicant is in agreement with the Planning Commission and Staff recommendation of a Special Permit. ALTERNATIVES: 1. Approve an intermediate zoning district or Special Permit; or 2. Grant the applicant's original request of the "IL" Light Industrial District; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: A change of zoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Plan, which slates the property for commercial uses. Granting a Special Permit would retain the commercial designation of the property in the Future Land Use Plan rather than light industrial. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: 1. Aerial Overview Map 2. Zoning Report with Exhibits 3. Ordinance with Exhibits `{ r ZONING REPORT Case No.: 0812 -04 HTE No. 12- 10000025 Planning Commission Hearing Date: August 15, 2012 Applicant & Legal Description Applicant /Representative: International Resistive Company Advanced Film Division Owner: International Resistive Company of Texas, LLC Legal Description /Location: South Staples Center, Lot B -4, located on the northeast corner of South Staples Street and Gollihar Road between Everhart Road and Caddo Street. Zoning Request From: "CG -2 /SP" General Commercial District with a Special Permit To: "IL" Light Industrial Area: 8.03 acres Purpose of Request: To allow the continued operation of an existing facility that manufactures and testing of resistors, sensors, and other resistive devices and to modify the subject property's existing Special Permit conditions. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CG -2 /SP" General Commercial with a Special Permit Light Industrial Commercial North "RS -6" Single - Family 6 & "CN -2" Neighborhood Commercial Low Density Residential Low Density Residential South "CG -2" General Commercial & "Cl" Intensive Commercial Commercial Commercial East "CG -2" General Commercial & "RS- 6 /SP" Single - Family 6 with a Special Permit Commercial & Medium Density Residential Commercial & Medium Density Residential West "CG -2" General Commercial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located in the Southeast Area Development Plan (ADP) and is planned for commercial uses. The proposed change of zoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Plan. Map No.: 043037 Zoning Violations: None Transportation Transportation and Circulation: The subject property has 544 feet of frontage on South Staples Street, which is an "Al" Minor Arterial Undivided Street, 268 feet of frontage on Gollihar Road, which is a "C3" Primary Collector Street, 20 feet of frontage on Everhart Road, which is an "Al" Minor Arterial Undivided Street, 142 feet of frontage on Caddo Street, which is a Local Residential Street, and has 277 feet of frontage on Jacquelyn Drive, which is a Local Residential Street. Zoning Report Case #0812 -04 International Resistive Company Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume S. Staples St. "Al" Minor Arterial Undivided 95' ROW, 64' paved 100' ROW, 70' paved 19,479 (in 2009) Gollihar Rd. "C3" Primary Collector 75' ROW, 50' paved 80' ROW, 64' paved 6,520 (in 2010) Everhart Rd. "Al" Minor Arterial Undivided 95' ROW, 64' paved 84' ROW, 56' paved 15,979 (in 2009) Jacquelyn Dr. Local Residential 50' ROW, 28' paved 50' ROW, 28' paved Not Available Caddo St. Local Residential 50' ROW, 28' paved 60' ROW, 40' paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CG -2 /SP" General Commercial District with a Special Permit to the "IL" Light Industrial District to allow for the continued operation of a facility that manufactures and tests resistors, sensors, and other resistive devices and to expand the amount of liquid nitrogen the facility is permitted to store on- site from 12,000 gallons to 24,000 gallons and to increase the allowed floor area by 4,150 square feet. The facility was first granted a Special Permit in 1975 and over time has received several amendments to the Special Permit conditions. In 1984, the Special Permit was amended to permit one aboveground liquid nitrogen storage tank at the rear of the building. A 1987 amendment permitted the facility to expand its floor area. A 1987 amendment permitted the facility an additional 6,075 square feet of storage area. Lastly, in 1998, the Special Permit was amended permit two liquid nitrogen storage tanks each with a capacity of 6,000 gallons. Today, the applicant is seeking an amendment to the Special Permit conditions to allow for additional storage tanks for liquid nitrogen with a capacity not to exceed 24,000 gallons. See current Special Permit conditions in Attachment 2. Applicant's Development Plan: The applicant recently remodeled its facility by converting existing storage space into work space to accommodate production levels. In conjunction with the additional workspace needed, the applicant needs additional quantities of liquid nitrogen on site to meet business demands. No increase in floor area is need at this time, but a minimal amount of additional space could be needed in the future, which is why the applicant is requesting the floor area limitation of the existing Special Permit be increased by 4,150 square feet. The applicant has met with the Fire Department which does not have any concern with liquid nitrogen tanks located on the subject property. Liquid nitrogen does not have explosive properties. Liquid nitrogen has freezing capabilities and the applicant uses the liquid nitrogen to test electronic parts' viability at low temperatures. Existing Land Uses & Zoning: Located to the north of the subject property is a single - family subdivision, which is zoned as the "RS -6" Single - Family 6 District, and the Anthony Aveda Salon on Everhart Road in a "CN -2" Neighborhood Commercial District. Located to the west of the subject property is a Stripes Gas Station, which is zoned as the "CG -2" General Commercial District. To the south of the subject property are Frost Bank and multiple car sales lots, which are zoned as the "Cl" Intensive Commercial District and the "CG -2" General Commercial Zoning Report Case #0812 -04 International Resistive Company Page 3 District. To the east of the subject property are a restaurant and Montessori school, which are zoned as the "CG -2" District. To the east across Caddo Street are the Lamplighter Condominiums. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning to an industrial use is not consistent with the adopted Future Land Use Plan, which slates the subject property for commercial uses. Additionally, the following pertinent elements of the Comprehensive Plan and Southeast Area Development Plan (ADP) should be considered: • Expansion of commercial uses into residential areas may be permitted only if the expansion maintains or improves the residential desirability of the impacted neighborhood. (Commercial Land Use Policy D) • Commercial uses adjacent to existing or proposed residential areas should be buffered. Traffic from commercial areas should be routed away from residential areas. (Residential Land Use Policy C) • Provide adequate and suitable -zoned land for both light and heavy industries (Comprehensive Plan, Industrial Land Use Policy A). • An active program should be developed to retain and expand existing industry (Comprehensive Plan, Industrial Land Use Policy B). • Residential areas should be protected from some of the more intensive commercial uses that are in the southeast area (Southeast Area Development Plan, Policy Statement B.12). Transportation & Access: The subject property has sufficient access to an arterial -type street (South Staples Street). The facility has existing driveways on Gollihar Road, South Staples Street, and Caddo Street. Access to Everhart Road or Jacquelyn Drive is not permitted. The driveway on Caddo Street leads to the back of the facility. Plat Status: The subject property is platted. Department Comments: • An "IL" Light Industrial District would not be appropriate for this location, which is surrounded by commercial and residential uses. • A special permit can afford protection to the surrounding areas by specifying development or operational conditions that the applicant must abide by while allowing the applicant to continue operating on the subject property. • The Fire Department has no objections to the increased quantities of liquid nitrogen stored in aboveground tanks. Therefore staff can support the request to modify the Special Permit. • Granting a Special Permit overlay district and retaining the "CG -2" General Commercial as the subject property's base district would prevent future light industrial users from occupying this property if the resistor assembly facility were to relocate. Maintaining the "CG -2" District as the based district would be consistent with the Future Land Use Plan and would be more appropriate for the adjacent single - family and commercial uses. • Traffic generated by the facility is not expected to traverse the adjacent single - family neighborhood. Zoning Report Case #0812 -04 International Resistive Company Page 4 • The establishment has been in this location since 1975 and does not appear to generate significant nuisances typical of other light industrial businesses. Special Permits are intended to help prevent nuisances. Planninq Commission and Staff Recommendation (August 15, 2012): Denial of the change of zoning from the "CG -2 /SP" General Commercial District with a Special Permit to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG -2" General Commercial District with a modified Special Permit subject to the following eight conditions: 1. ALLOWED USES: The only use authorized by the Owner under this Special Permit, other than the basic uses by right in the "CG -2" General Commercial District, is a resistor assembly plant. 2. FLOOR AREA: The floor area of the facility and related offices and storage areas cannot exceed 110,000 square feet. 3. ABOVEGROUND TANKS: Outdoor aboveground storage tanks may be utilized by the Owner for the storage of liquid nitrogen so long as the combined total storage capacity of the tanks does not exceed 24,000 gallons. The tanks cannot be located closer than 60 feet from the northeast property line abutting the single - family neighborhood. 4. OUTSIDE STORAGE: Outside storage, except for the aboveground storage tanks, is not allowed on the property. Any storage of hazardous materials by the Owner must be stored inside the existing facility and is subject, at all times, to the approval of the City's Fire Marshal and Building Official. 5. SCREENING FENCE: A standard screening fence with a height of not less than six (6) feet must be installed and maintained by the Owner along the northeast property line abutting the single - family neighborhood. The fence must be installed within one (1) year from the date of this ordinance. 6. LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must be located along the South Staples Street, Gollihar Road, and Caddo Street public rights -of- way. The landscaping strip must contain ground cover and shrubs in accordance with the Unified Development Code's approved plant list. The Owner must ensure that all landscaping is kept in a healthy and growing condition at all times. Landscaping must be installed within one (1) year from the date of this ordinance. 7. ACCESS: No driveways or direct access is permitted onto Everhart Road or Jacquelyn Drive. 8. TIME LIMIT: This Special Permit expires one (1) year from the approval date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions are being met by the Owner. Zoning Report Case #0812 -04 International Resistive Company Page 5 Notification Number of Notices Mailed — 63 within 200' notification area; 6 outside notification area As of August 23, 2012: In Favor In Opposition For 0.00% in opposition. — 4 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Site Map (Existing Zoning & Notice Area) 2. Existing Special Permit Ordinance 3. Development Plan K: \DevelopmentSvcs \SHARED\ZONING CASES \2012 \0812 -04 International Resistive Company Advanced Film Division \0812 -04 Report for CC, IRC (10 -1 -12) FINAL.docx 1 ®RA L i S 'RIP 4 PAIS CN -D1 4A 2 14 — is 58 19 ARK' LE VI �.L BANII 'X 4 CI 0 PARYBDALE AUTOTOWN 1 8: LAM ®'.I�H jEY" C ® t s43 R M ii 545 -` SP/63 -01 DS Ov 1 `RAJCP`l 20 Q 411 21 R PARK c ,2* it 22 0; 1 v % Nt E2 '!.? G s OFLOUR BLUFF & ENC H� BL�UETZEL TR�iCT lik _ Date Created: 8/9/2 12 400 800 Feet D2W N D O R P A R tP spared By: jeremym _ Deepartment of Development Services CASE: 0812 -04 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table A in opposition SUBJECT PROPERTY! LOCATION MAP City of Corpus Christi AN ORDINANCE AMENDING THE ZONING ORDINANCE UPON APPLICATION BY I.R.C., BY GRANTING A SPECIAL PERMIT FOR A RESISTOR ASSEMBLY PLANT TO SOUTH STAPLES CENTER, ALL OF BLOCK A AND 5.91 ACRES OUT OF LOT B -1; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of I.R.C., for amendment to the zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 10, 1997, during a meeting of the Planning Commission, and on Tuesday, January 13, 1998, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, 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 public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended and a Special Permit for a resistor assembly plant is granted to South Staples Center, all of Block A and 5.91 acres out of Lot B -1, located at bound by South Staples Street, Everhart Road, Jacquelyn Drive, Caddo Street and Gollihar Road. A metes and bounds description of the property is attached as Exhibit A. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following condition: 1. ALLOWED USES The only use authorized by this Special Permit, other than the basic permitted uses in the `B -4" General Business District, is a resistor assembly plant. 2. FLOOR AREA: The floor area of the resistor assembly plant and related offices and storage areas, may not exceed 105,850 square feet. 3. ABOVEGROUND TANK: The property may contain two (2) aboveground storage tanks for liquid nitrogen. Each tank may not exceed a capacity of 6,000 gallons. The tanks may not be located less than 60 feet from the northeast property line. Z129704B.005 1023191 tit IUUFJLMEU Report Attachment 2 2 4. OUTSIDE STORAGE: Outside storage, except for the aboveground storage tank, is not permitted on the property. Any storage of hazardous materials must be stored inside the existing structure. 5. SCREENING FENCE: A standard screening fence with a height of not less than six (6) feet must be installed and maintained along the northeast property line. The fence must be installed within one (1) year from the date of this ordinance. 6. LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must be located along the S. Staples Street, Gollihar Road, and Caddo Street rights -of -way. The landscaping strip must contain ground cover and shrubs. All landscaping must be kept in a healthy and growing condition at all times. Landscaping must be installed within one (1) year from the date of this ordinance. 7. ACCESS: No direct access is permitted to Everhart Road and Jacquelyn Drive. 8. TIME LIMIT. This Special Permit expires one (1) year from the date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions have been complied with. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance in Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two Z12970413.005 Report Attachment 2 regular meetings so that this ordinance is pass emergency measure this the j 3 I() day of ATTEST: Armando Chapa City Secretary and shall take effect upon first reading as an , 1998. Loyd Neal Mayor, The City of Corpus Christi APPROVED: This ..5-4/1 day of -fu . 4,-). , 1998. James R. Bray, Jr., City Attorney By: R. Jay ein3rig, Assist. City Attorney Z129704B.005 3 Report Attachment 2 r-r z rn EVERHART ROAD 0 m 11 0 0 cd C0 1. 0 L6'Z017i'0 N28 151'30 "E / rn z 32.00' i4 1 I < > 73rn o to 3 N28'5I'30"I= 251.26' 4 IP 146.04 „9Z,95°bl5 5 ,Z,4 0 ❑ IA 3A1 '8C1 o 5 A 528 °5395 "H GADDO STREET 14180' rn �-( Report Attachment 2 msj:�c'v+%a� =,'d Naismith Engineering,Inc ARCHITECTURE H ENGINEERING ® ENVIRON MENTAL H SURVEYING IBAq F- 43553470PN F 355RTnPG F50711WJBPLS F-160345 -vv 4501 GOLLIHAR ROAD, CORPUS CHRISTI, TX 78411 PH: 666 - 577.2631 PN: 3 51- 614- 9 9 0 0 2FX: 3 61- 814-4 9 01 8NA8SMITH -Ftl 11l ING,COM mint 87`. I CFELi ®8Y- IPPROY¢96T: scum CAI°_ FA�fM�E : PE�ASmN TBT I TBT I TKO 11 "m1,000` I 612012 8854 I - FOR PERMIT PURPOSES ONLY, NOT FOR CONSTRUCTION OR BIDDING EXHIBIT B EXTERIOR STORAGE TANK LOCATIONS CORPUS CHRISTI, NUECES COUNTY, TEXAS Report Attachment 3 Ordinance amending the Unified Development Code ( "UDC ") upon application by International Resistive Company of Texas, LLC ( "Owner "), by changing the UDC Zoning Map in reference to South Staples Center, Lot B -4, from a "CG -2 /SP" General Commercial District with a Special Permit to a "CG -2 /SP" General Commercial District with a modified Special Permit; amending the Comprehensive Plan to account for any deviations; providing a repealer clause; and providing for penalties and publication. WHEREAS, on April 2, 1975, the International Resistive Company of Texas, LLC ( "Owner") was granted a Special Council Permit for a resistor assembly plant on Lot B -4, South Staples Center (formerly, all of Block A and 5.91 acres out of Lot B -1), the conditions of the Special Council Permit being later modified by City Council action on March 14, 1984, November 3, 1987, and January 13, 1998; WHEREAS, the Owner desires to expand use of the property by increasing the permitted capacity of the onsite storage tanks, from two tanks with a maximum 6,000 - gallon storage capacity to any number of tanks for a total maximum storage capacity of 24,000 gallons, and increasing the useable floor area of the facility, from 105,850 square feet to a maximum of 110,000 square feet; WHEREAS, Owner seeks "IL" Light Industrial District zoning and, upon review by the Planning Commission, the Planning Commission recommends denial of the "IL" Light Industrial District and, in lieu thereof, approval of a modified Special Permit in the "CG -2" General Commercial District; WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding the application of the Owner for an amendment to the City of Corpus Christi's UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 15, 2012, during a meeting of the Planning Commission, and on Tuesday, October 30, 2012, 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. Pursuant to the request of the International Resistive Company of Texas, LLC ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on South Staples Center, Lot B -4 (the "Property "), located on the northeast corner of South Staples Street and Gollihar Road between Everhart Road and Caddo Street, from the "CG -2 /SP" General Commer- cial District with a Special Permit (formerly, "B -4" General Business District with a Special Permit, known as "B- 4 /SP ") to the "CG -2 /SP" General Commercial District with a modified Special Permit (Zoning Map No. 043037). Exhibit "A," which is a location map pertaining to the Property, and Exhibit "B," which is a site plan pertaining to the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The Special Permit granted in Section 1 of this ordinance modifies the previous Special Permit granted on January 13, 1998, and incorporates the former and new requirements with which the Owner must comply under this Special Permit as follows: 1. ALLOWED USES: The only use authorized by the Owner under this Special Permit, other than the basic uses by right in the "CG -2" General Commercial District, is a resistor assembly plant. 2. FLOOR AREA: The floor area of the facility and related offices and storage areas cannot exceed 110,000 square feet. 3. ABOVEGROUND TANKS: Outdoor aboveground storage tanks may be utilized by the Owner for the storage of liquid nitrogen so long as the combined total storage capacity of the tanks does not exceed 24,000 gallons. The tanks cannot be located closer than 60 feet from the northeast property line abutting the single - family neighborhood. 4. OUTSIDE STORAGE: Outside storage, except for the aboveground storage tanks, is not allowed on the property. Any storage of hazardous materials by the Owner must be stored inside the existing facility and is subject, at all times, to the approval of the City's Fire Marshal and Building Official. 5. SCREENING FENCE: A standard screening fence with a height of not less than six (6) feet must be installed and maintained by the Owner along the northeast property line abutting the single - family neighborhood. The fence must be installed within one (1) year from the date of this ordinance. 6. LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must be located along the South Staples Street, Gollihar Road, and Caddo Street public rights -of -way. The landscaping strip must contain ground cover and shrubs in accordance with the Unified Development Code's approved plant list. The Owner must ensure that all landscaping is kept in a healthy and growing condition at all times. Landscaping must be installed within one (1) year from the date of this ordinance. 7. ACCESS: No driveways or direct access is permitted onto Everhart Road or Jacquelyn Drive. Intl Resistive Co Special Permit Amdmt Ord vFinal Page 2 of 4 8. TIME LIMIT: This Special Permit expires one (1) year from the approval date of this ordinance unless the property is being used for the purpose outlined in Condition 1 and all other conditions are being met by the Owner. SECTION 3. The official UDC Zoning Map of the City is amended to reflect the changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. 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 in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal Intl Resistive Co Special Permit Amdmt Ord vFinal Page 3 of 4 The foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED this the day of 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor Intl Resistive Co Special Permit Amdmt Ord vFinal Page 4 of 4 1 RA DcRS-6 PA 1 C N -DI REMO 1 E ARKDALE VI B-6 'E AN STA PNLESA CE TE ViLLAGEB_A R DA /ALEX RANK PARK PLAZ' PARKBDAL AUTO TOWN 82 OFLOUR BLUFF & ENC HABL92,1ETZEL TRACT ND 4DR RAR■iptepireated: zearred By: feremym Department of DP cipment Services CASE: 0812-04 1. SUBJECT PROPERTY C::c445,,Lcs (;ftrisliBr?,]/ Subject Property EXHIBIT A Naismith Engineering,Inc ARCHITECTURE H ENGINEERING ® ENVIRON MENTAL H SURVEYING IBAq F- 43553470PN F 355RTnPG F50711WJBPLS F-160345 -vv 4501 GOLLIHAR ROAD, CORPUS CHRISTI, TX 78411 PH: 666 - 577.2631 PN: 3 51- 614- 9 9 0 0 2FX: 3 61- 814-4 9 01 8NA8SMITH -Ftl 11l ING,COM mint 87`. I CFELi ®8Y- IPPROY¢96T: scum CAI°_ FA�fM�E : PE�ASmN TBT I TBT I TKO 11 "m1,000` I 612012 8854 I - FOR PERMIT PURPOSES ONLY, NOT FOR CONSTRUCTION OR BIDDING EXHIBIT B EXTERIOR STORAGE TANK LOCATIONS CORPUS CHRISTI, NUECES COUNTY, TEXAS AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of Oct. 30, 2012 Second Reading Ordinance for the City Council Meeting of Nov.13, 2012 DATE: October 12, 2012 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826-3932 Acceptance of the 2012 Emergency Management Performance Grant for $77,693.08. CAPTION: Ordinance ratifying acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $77,693.08 for the Emergency Management Performance Grant (EMPG); and appropriating $77,693.08 from the Emergency Management Performance Grant Program in the no. 1063 Emergency Management Grants Fund to improve mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi. PURPOSE: The purpose of the grant is to support local comprehensive Emergency Management Programs to encourage improvement of mitigation, preparedness, response, and recovery capabilities of all hazards. The funds will be used to distribute information materials to the citizens of Corpus Christi regarding hurricane preparedness; develop and update emergency management plans; conduct full -scale exercises; staff training; and support of the dialogic warning system. BACKGROUND AND FINDINGS: Grants are awarded annually by the Texas Department of Public Safety, Governor's Division of Emergency Management according to available amount of funds. No matching funds are required. ALTERNATIVES: Not accepting the Grant. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval needed to accept grant. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item $77,693.08 $77,693.08 BALANCE $77,693.08 $77,693.08 Fund(s): Fund 1063 Emergency Management Grant Comments: None RECOMMENDATION: Staff recommends approval of the ordinance to ratify acceptance of the grant and to appropriate $77,693.08 received from the Texas Department of Public Safety, Division of Emergency Management for emergency management preparedness. LIST OF SUPPORTING DOCUMENTS: Ordinance Notice of Subrecipient Grant Award Ordinance Ratifying acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $77,693.08 for the Emergency Management Performance Grant (EMPG); and appropriating $77,693.08 from the Emergency Management Performance Grant Program in the no. 1063 Emergency Management Grants Fund to improve mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Acceptance of a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $77,693.08 for the Emergency Management Performance Grant (EMPG) by the Mayor on September 28, 2012 is ratified. SECTION 2. That $77,693.08 is appropriated from the Texas Department of Public Safety, Governor's Division of Emergency Management, Emergency Management Performance Grant Program in the No. 1063 Emergency Management Grants Fund for improving mitigation, preparedness, response, and recovery capabilities for the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr Mark Scott Priscilla G. Leal 2 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012 by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr Mark Scott Priscilla G. Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor 'ERAS DEPARTMENT OF PUBLIC SAFETY '� 1 O.N OF EMERGENCY MANAUEi1% N'l . fg EMPG-058 nitsterec By:; Texas Department of Pnblie safety Texas Division Of Emergency Management. P3. Boat 4087 A t z, ex s .78773 0220 • � ec p ent City cif Cot pus 'Clara ti 1 0 Lea and St Car us hrJst TX 77 A ol?'.er "1, 2011 to Marcia 31, 2013 1`te tieiiod oii ;tttnt eflects.a six (6) month extension to complete and close out your MPG gaant yeat Sigriing Acceptance of this :document means that you ttcce t +aid will ct W 1eglttter>;teljt hated its (he attached: FY 20:1..2Tei:rn pan Goa�aiat n r,.. ORANT:. Wingrized Sj eiley Matilageni let%tri !find Copy of "ftis 1'ae avrlrirt, 45 drys to Texas Departn ant of Puhlie Safety Texas Division of lmergeney Mattaguanent tteftion :.. Hettt.he: Baxter; Office: of .ManageMent and Bu PO Box 4087' Austin, TX 78773 -0220 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of Oct. 30, 2012 Second Reading Ordinance for the City Council Meeting of Nov. 13, 2012 DATE: October 12, 2012 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826-3932 2012 Homeland Security Grant Program — State Homeland Security Grant Program (SHSP) Sub - Recipient Award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) in the amount of $45,221.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $45,221.80 from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. PURPOSE: These grant funds are used to provide emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of man -made, natural disaster, and acts of terrorism. BACKGROUND AND FINDINGS: The Texas Department of Public Safety, Texas Homeland Security State Administrative Agency has informed the City of Corpus Christi that our jurisdiction has been awarded a State Homeland Security Program grant in the amount of $45,221.80. Since 2004 the U. S. Department of Home Security has annually issued grants to the State of Texas who in turn awards the grants to municipalities through its Homeland Security Program. ALTERNATIVES: If we do not accept the grant award, we will have limited emergency response and security capabilities. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Council approval of Ordinance is needed to accept and appropriated grant award. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item $45,221.80 $45,221.80 BALANCE $45,221.80 $45,221.80 Fund(s): Fund 1062 Fire Grants Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the grant, and appropriate the funds in the amount of $45,221.80. LIST OF SUPPORTING DOCUMENTS: Ordinance Notice of Sub - Recipient Grant Award Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA) in the amount of $45,221.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $45,221.80 from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS- SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities Be it Ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA) in the amount of $45,221.80 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP). Section 2. That $45,221.80 is appropriated from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012 by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr Mark Scott Priscilla G. Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor Texas Department of Public Safety 44(P 2012 Sub - Recipient Award for City of Corpus Christi a T 1. General Award Information Reference /Encumbrance No: Date of Award: October 2, 2012 Prepared By: Saba, Sherry 3. SAA Award Number: 12 -SR 17000 -02 4. Sub - Recipient Name and Address 5. Federal Grant Information Mayor Joe Adame City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program(SHSP) Federal Grant Award Number: EMW- 2012- SS-00018 -S01 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate Date Federal Grant Awarded to TxDPS: September 6, 2012 CFDA: 97.073 6. Award Amount and Grant Breakdowns SHSP $45,221.80 Grant Period: From: Sep 1, 2012 To: Jan 31, 2014 (The SAA must receive all invoices by the end of grant period) 7. Statutory Authority for Grant: The Consolidated Appropriations Act 2012, Division D (Public Law 112 -74), and the Homeland Security Act of 2002 (Public Law 107 -296), as amended by section 101 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110 -53). 8. Method of Payment: Primary method is reimbursement. 9. Debarment /Suspension Certification: The Sub - Recipient certifies that the sub - recipient and its contractors/vendors are not debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not have active Exclusions listed at https: / /www.sam.gov /portal /pub}ic /SAM/ 10. Agency Approvals Approving TxDPS Official: Machelle Pharr Deputy Assistant Director Texas Homeland Security State Administrative Agency Texas Department of Public Safety Signature of TxDPS Official: 77(.4 �� 7�•• 11. Sub - Recipient Acceptance I have read, understood and agree to this Sub - Recipient Agreement consisting of this Award and the attached Terms and Conditions. Print name and title of Authorized Sub- Recipient Official: Signature of Sub- Recipient Official: Enter Employer Identification Number (EIN) or Federal Tax Identification Number: DUNS Number: Date Signed : DUE DATE: November 15, 2012 Signed Award with Terms and Conditions must be returned to SAA_SRA@dps.texas.gov on or before the due date. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of Oct. 30, 2012 Second Reading Ordinance for the City Council Meeting of Nov. 13, 2012 DATE: October 12, 2012 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826-3932 2012 Homeland Security Grant Program — State Homeland Security Program (SHSP) Law Enforcement Terrorism Prevention Activities (LETPA) Sub - Recipient Award CAPTION: Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) in the amount of $57,254.20 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) Law Enforcement Terrorism Prevention Activity (LETPA); and appropriating $57,254.20 from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS- SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection- oriented activities (LETPA) such as planning, organization, training, exercises, and purchase needed equipment. PURPOSE: These grant funds are used to provide law enforcement and emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of man -made, natural disaster, and acts of terrorism. BACKGROUND AND FINDINGS: The Texas Department of Public Safety, Texas Homeland Security State Administrative Agency has informed the City of Corpus Christi that our jurisdiction has been awarded a State Homeland Security Program grant in the amount of $57,254.20. Since 2004 the U. S. Department of Home Security has annually issued grants to the State of Texas who in turn awards the grants to municipalities through its Homeland Security Program. ALTERNATIVES: If we do not accept the grant award, we will have limited emergency response and security capabilities. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Ordinance is needed to accept and appropriate grant award. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item $57,254.20 $57,254.20 BALANCE $57,254.20 $57,254.20 Fund(s): Fund 1062 Fire Grants Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the grant and appropriate the funds in the amount of $57,254.20. LIST OF SUPPORTING DOCUMENTS: Ordinance Notice of Sub - Recipient Grant Award Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA) in the amount of $57,254.20 for FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) Law Enforcement Terrorism Prevention Activity (LETPA); and appropriating $57,254.20 from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection- oriented activities (LETPA) such as planning, organization, training, exercises, and purchase needed equipment Be it Ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA) in the amount of $57,254.20 for the FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) Law Enforcement Terrorism Prevention Activity (LETPA). Section 2. That $57,254.20 is appropriated from the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2012 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection- oriented activities (LETPA) such as planning, organization, training, exercises, and purchase needed equipment. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012 by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr Mark Scott Priscilla G. Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor Of Pu ©tom Texas Department of Public Safety 2012 Sub-Recipient Award for City of Corpus Christi ■� • 1. General Award Information Reference /Encumbrance No Date of Award: October 2, 2012 Prepared By: Saba, Sherry 3. SAA Award Number: 12 -SR 17000 -01 4. Sub- Recipient Name and Address 5. Federal Grant Information Mayor Joe Adame City of Corpus Christi 1201 Leopord Street Corpus Christi, TX 78401 Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program(SHSP) Federal Grant Award Number: EMW- 2012 -SS- 00018 -S01 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate Date Federal Grant Awarded to TxDPS: September 6, 2012 CFDA: 97.073 5. Award Amount and Grant Breakdowns SHSP LETPA $57,254.20 Grant Period: From: Sep 1,2012 To Jan 31,2014 (The SAA most receive all invoices by the end of grant period) 7. Statutory Authority for Grant: The Consolidated Appropriations Act 2012, Division D (Public Law 112 -74), and the Homeland Security Act of 2002 (Public Law 107 -296), as amended by section 101 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110 -53). S. Method of Payment: Primary method is reimbursement. 9. Debarment /Suspension Certification: The Sub - Recipient certifies that the sub - recipient and its contractors /vendors are not debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not have active Exclusions listed at https: / /www.sam.gov /portal /public /SAM/ 10. Agency Approvals Approving TxDPS Official: Machelle Pharr Deputy Assistant Director Texas Homeland Security State Administrative Agency Texas Department of Public Safety Signature of TxDPS Official: et t 11. Sub - Recipient Acceptance I have read, understood and agree to this Sub- Recipient Agreement consisting of this Award and the attached Terms and Conditions. Print name and title of Authorized Sub- Recipient Official: Signature of Sub- Recipient Official: Enter Employer Identification Number (EIN) or Federal Tax Identification Number: DUNS Number: Date Signed : DUE DATE: November 15, 2012 Signed Award with Terms and Conditions must be returned to SAA_SRA@dps.texas.gov on or before the due date. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 30, 2012 Second Reading Ordinance for the City Council Meeting of November 13, 2012 DATE: TO: 9/26/2012 Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361- 826 -7203 Women, Infants and Children (WIC) grant FY 12 -13 Approval of grant award and appropriation of funds CAPTION: Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant in the amount of $442,380 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program; and to ratify acceptance of the grant to begin as of October 1, 2012. PURPOSE: The Women's, Infant and Children's Grant allows the Health District WIC division to educate and help improve the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition - related risks. BACKGROUND AND FINDINGS: The special supplemental nutrition program for women, infants, and children (WIC) is a health and nutrition program that improves the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition - related risks. This item approves a contract with the Department of State Health Services to provide services at the Corpus Christi - Nueces County Public Health District to over 5,000 low income women, infants, and children per month. The contract will begin on 10/01/2012 through 03/31/2013. No matching funds required. ALTERNATIVES: Discontinue WIC Program at the Corpus Christi - Nueces County Public Health District OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Corpus Christi - Nueces County Public Health District Legal Finance - Federal Grants and office of management and budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 442,380 $ 442,380 Encumbered / Expended Amount This item BALANCE $ 442,380 $ 442,380 Fund(s):1066 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Contract No. 2013 - 042712 Ordinance Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant in the amount of $442,380 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program; and to ratify acceptance of the grant to begin as of October 1, 2012. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept and appropriate a grant in the amount of $442,380 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program. Additionally the City Council ratifies acceptance of the grant to begin as of October 1, 2012. A copy of the documents shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2013 - 042712 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor), a Government Entity, (collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $442,380.00, and the payment method(s) shall be as specified in the Program Attachments. 3. Funding Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract. This Contract begins on 10/01/2012 and ends on 03/31/2013. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents Forming Contract. The Contract consists of the following: a. Core Contract (this document) b. Program Attachments: 2013 - 042712 -001 NSS/WIC LOCAL AGENCY c. General Provisions (Sub- recipient) d. Solicitation Document(s), and e. Contractor' s response(s) to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92648 -1 7. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor' s response to the Solicitation Document, if any. 8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF CORPUS CHRISTI Address: VITAL RECORDS OFFICE ATTN TERE ESCALANTE CORPUS CHRISTI, TX 78469 -9727 Vendor Identification Number: 17460005741027 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. 92648 -1 By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) By: Signature of Authorized Official Date Bob Burnette, C.P.M., CTPM Director, Client Services Contracting Unit 1100 WEST 49TH STREET By: Signature Date Printed Name and Title Address AUSTIN, TEXAS 78756 City, State, Zip (512) 458 -7470 Bob.Burnette@dshs.state.tx.us 92648 -1 Telephone Number E -mail Address for Official Correspondence p� au!1-1!V ZONING REPORT Case No.: 1012 -01 HTE No. 12- 10000030 Planning Commission Hearing Date: October 10, 2012 Applicant & Legal Description Applicant /Owner: The Mostaghasi Investment Trust DBA Sun George Contracting and Development Co. Representative: Cobb, Lundquist & Atnip, Inc. Legal Description /Location: Being a 21.179 -acre tract of land out of Lots 7 and 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Lipes Boulevard. Zoning Request From: "FR" Farm Rural District To: "RM -2" Multifamily 2 District (Tract 1) and "RS -6" Single - Family 6 District (Tract 2) Area: 21.179 Purpose of Request: To allow construction of a single - family subdivision and apartment complex. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Commercial & Medium Density Residential North "FR" Farm Rural Vacant Commercial South "FR" Farm Rural Drainage Corridor Drainage Corridor East "FR" Farm Rural & "RS-6" Single - Family 6 Vacant & Low Density Residential Commercial & Low Density Residential West "RS -6" Single - Family 6 Vacant Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for commercial and medium density residential uses. The proposed change of zoning to the "RS -6" Single - Family 6 District and the "RM -2" Multifamily 2 District is not consistent with the adopted Future Land Use Plan. Map No.: 042031, 042030 Zoning Violations: None Transportation Transportation and Circulation: The subject property has 1,400 feet of frontage on Airline Road, which will be eliminated south of Lipes Boulevard in the future. The subject property has 600 feet of frontage on the existing Lipes Boulevard, which is a "C3" Primary Collector street, and will have 270 feet of frontage on Lipes Boulevard when it is relocated to connect with Airline road at a right angle. The southern portion of the property will have an access street connecting to Rodd Field Road, which is a proposed "A3" Primary- Arterial Divided street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Airline Rd. (North of Lipes) "Al" Minor Arterial Undivided 95' ROW, 64' paved 75' ROW, 24' paved 3,716 (2009 ADT) Lipes Blvd. "C3" Primary Collector 75' ROW, 50' paved 75' ROW, 24' paved Not Available Rodd Field Rd. "A3" Primary- Arterial Divided 130' ROW, 79' paved 115' ROW, 24' paved 9,901 (2009 ADT) Zoning Report Case #1012 -01 Mostaghasi Investment Trust Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District and the "RM -2" Multifamily 2 District in order to construct a single - family neighborhood and a high density apartment complex. The southern 8.556 -acre tract of land (Tract 2) is to be rezoned to the "RS -6" Single - Family 6 District. The northern 12.623 -acre tract of land (Tract 1) at the corner of the property is to be rezoned to the "RM -2" Multifamily 2 District. Applicant's Development Plan: The proposed apartment complex on Tract 1 will consist of 27 buildings, 324 units, two swimming pools, and an office building. The buildings will be three stories with a maximum height of 34 feet. The buildings will meet the required setbacks based on building height with the adjacent single - family subdivision. The proposed density for this apartment complex will be 25.7 dwelling units per acre, which will classify the use as high density residential (more than 22 dwelling units per acre). Tract 2, the southern 8.556 acres of the property, will be developed as a single - family neighborhood with a minimum lot size of 6,000 square feet with approximately 30 lots. Existing Land Uses: North and east of the subject property are vacant tracts of land that are zoned "FR" Farm Rural District. To the east of the property across Airline Road, which is scheduled to be closed, is vacant land zoned "FR" Farm Rural District. West of the subject property is a temporary drainage corridor that is zoned "RS -6" Single - Family 6 District, and will be developed into a single - family neighborhood in the future. There is also a public drainage corridor south of the property. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Transportation: Lipes Boulevard is currently under construction and is being realigned to connect with Airline Road at a 90- degree angle, which is a safer configuration than the current design. Airline Road also has an unsafe intersection with Rodd Field Road. The section of Airline Road between Lipes Boulevard and Rodd Field Road, which borders the east side of the subject property, will be closed in the near future. When this section of Airline Road is closed and when the Airline Road -Lipes Boulevard intersection is reconfigured, the apartments will have convenient access to Airline Road via Lipes Boulevard. The single - family subdivision on the south end of the subject property will have direct access to Rodd Field Road and to Lipes Boulevard via a connecting local residential street through the adjacent proposed single - family subdivision to the west. Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is within the Southside Area Development Plan. The proposed developments would not be consistent with the adopted Future Land Use Plan, which slates the property for commercial and medium density residential uses. Due to the future closure of Airline Road, Staff recommends a multifamily use at the intersection of Lipes Boulevard and Airline Road rather than commercial and a single - family use on the southern portion of the property rather than a multifamily. The rezoning is consistent with other elements of the Comprehensive Plan such as: 1.) Traffic Hazards should be lessened by discouraging through traffic within residential areas (Comprehensive Plan, Residential Policy Statement J). 2.) High- density residential developments should be located with direct access to arterials (Comprehensive Plan, Residential Policy Statement E). Plat Status: The subject property is not platted. Department Comments: • Although inconsistent with the adopted Future Land Use Plan, the proposed rezoning provides more appropriate land uses due to Airline Road, which is a highly traveled road, being closed south of Lipes Boulevard in the future. The future Land Use Plan proposes commercial land uses at the intersection are better suited at Arterial roadways. • The proposed apartment complex will have sufficient access to Airline Road, an arterial roadway, via Lipes Boulevard. The single - family neighborhood will have access to Rodd Field Road and will also have access to Lipes Boulevard. • The land in this area of town is beginning to develop multiple subdivisions for low density residential uses. This rezoning to multifamily and single - family is suitable for the subject property. • The apartment complex will comply with setback and buffering requirements from the future single - family subdivisions adjacent to the property. Planning Commission and Staff Recommendation (October 10, 2012): Approval of the change of zoning from the "FR" Farm Rural District to the "RM -2" Multifamily 2 District on Tract 1 and the "RS -6" Single - Family 6 District on Tract 2. c.) a Notification Number of Notices Mailed — 12 within 200' notification area; 2 outside notification area As of October 15, 2012: In Favor In Opposition For 0.00% in opposition. — 1 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Development Plan K: \DevelopmentSvcs \SHARED\ZONING CASES \2012 \1012 -01 Mostaghasi Invstmt Trust \1012 -01, Report for CC, Mostaghasi.docx INE CRASS RS_6 NG UNIT 1 RS -6 RS -6' 3 LAND SU ®DI!/ISI.1I </ Q 10 R S -61 co .A 9 v/ 8 I7 1 Date'C eated:9X26 012 -' Prepared By jeremym Department afiPevelopment Services CASE: 1012 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition CL uPES S S60' 57' 59' E 347.94' STREET MEI /C*110N !1 11 11 11 _ 1 I...� .I..! .. 9 .1l 7% +t» 03 a a .ah 9f • a Pd1 1 IL d� 90' LC TAR P&0c N60. 5.' 51.0 766. 50 La, LI Ordinance amending the Unified Development Code ( "UDC ") upon application by The Mostaghasi Investment Trust DBA Sun George Contracting and Development Co. ( "Owner "), by changing the UDC Zoning Map in reference to a 21.179 -acre tract of land out of Lots 7 and 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RM -2" Multifamily 2 District on Tract 1 and the "RS -6" Single - Family 6 District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding the application of The Mostaghasi Investment Trust DBA Sun George Contracting and Development Co. ( "Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 10, 2012, during a meeting of the Planning Commission, and on Tuesday, November 13, 2012, 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. The Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 21.179 -acre tract of land out of Lots 7 and 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located on the southwest corner of Airline Road and Lipes Boulevard, from the "FR" Farm Rural District to the "RM -2" Multifamily 2 District on Tract 1 (northern 12.623 -acre portion) and the "RS -6" Single - Family 6 District on Tract 2 (southern 8.556 - acre portion) (Zoning Map Nos. 042031 and 042030), as shown in Exhibits "A," "B," and "C." Exhibit "A," which is a metes and bounds description of Tract 2, Exhibit "B," which is a metes and bounds description of Tract 1, and Exhibit "C," which is a sketch to accompany the metes and bounds descriptions, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances 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, and Article 10 of the UDC. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the 13th day of November, 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED TO ITS SECOND READING ON THIS THE 13th DAY OF NOVEMBER, 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \1012 -01 Mostaghasi Invstmt Trust \Council Folder \1012 -01 Ordinance, Mostaghasi 10- 9- 12.docx Page 2 of 3 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2012. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \1012 -01 Mostaghasi Invstmt Trust \Council Folder \1012 -01 Ordinance, Mostaghasi 10- 9- 12.docx Page 3 of 3 MURRAY BASS, JR., P.E.,R.P.L.S. NIXON M. WELSH, P.E.,R.P.L.S. www.bass- we1sh.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 RS -6 ZONING TRACT STA 1E OF TEXAS COUNTY OF NUECES 3054 S. ALAMEDA, ZIP 78404 361 882 - 5521- -- FAX 361 882 -1265 e -mail: murrayjr @aol.com e -mail: nixmw @aol.com August 22, 2012 12044- M &B- RS -6.doc Description of an 8.556 acre tract of land, more or less, a portion of Lots 7 and 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A ", Pages 41 — 43, Map Records, Nueces County, Texas, said 8.556 acre tract of land as further described by metes and bounds as follows: BEGINNING at the southernmost corner of a 9.001 acre tract of land described by instrument recorded as Document No. 2005000922, Official Public Records of said county, said beginning point for the southernmost west corner of the tract herein described and being in the northeast boundary line of a 135' drainage easement described by instrument recorded at Volume 2005, Page 837, Deed Records of said county; THENCE N8 °31'39 "E 523.21' along the east boundary line of said 9.001 acre tract to a point for the northernmost corner of the tract herein described; THENCE S60 °56'51 "E 731.11' to a point in the west right -of -way line of Airline Road for the northernmost east corner of the tract herein described; THENCE S2 °27'36 "W 488.87' along said west right -of -way line of Airline Road to the point of intersection of said west right -of -way line of Airline Road and the northwest right -of -way line of Rodd Field Road for a southeasterly corner of the tract herein described; THENCE S29 °03'09 "W 52.84' along said northwest right -of -way line of Rodd Field Road to a point for the southernmost corner of the tract herein described in said northeast boundary line of 135' wide drainage easement; THENCE along the common southwest boundary line of said Lot 8 and northeast boundary line of said 135' wide drainage easement N60 °56'51 "W 766.50' to the POINT OF BEGINNING, a sketch showing said 8.556 acre RS -6 Zoning Tract being attached hereto as Exhibit "C ". NMW: sab Nixon M. Welsh, R.P.L.S. EXHIBIT "A" Page 1 oft MURRAY BASS, JR., P.E., R.P.L.S. NIxoN M. WELSH, P.E.,R.P.L.S. www.bass- we1sh.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 RM -2 ZONING TRACT STA 1E OF TEXAS COUNTY OF NUECES 3054 S. ALAMEDA, zIP 78404 361 882 - 5521- FAX 361 882 -1265 e -mail: murrayjr @aol.com e -mail: nixmw @aol.com September 20, 2012 12044- M &B- RM -2.doc Description of a 12.623 acre tract of land, more or less, a portion of Lots 7 and 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A ", Pages 41 — 43, Map Records, Nueces County, Texas, said 12.623 acre tract of land as further described by metes and bounds as follows: BEGINNING at the point of intersection of the west right -of -way line of Airline Road and the southwest right -of -way line of Lipes Boulevard for the northernmost east corner of the tract herein described; THENCE S2 °27'36 "W 911.79' along said west right -of -way line of Airline Road to a point for the southernmost corner of the tract herein described; THENCE N60 °56'51 "W 731.11' to a point in the east boundary line of a 9.001 acre tract of land described by Document No. 2005000922, Official Public Records of said county, for the westernmost or southwest corner of the tract herein described; THENCE N8 °31'39 "E 851.69' along said east boundary line of 9.001 acre tract to a point for the northernmost corner of the tract herein described at a northwesterly corner of a Lipes Boulevard right -of -way easement described by instrument recorded as Document No. 2011011855, said official public records THENCE S60 °57'59 "E 166.28' along a southwest right -of -way line of Lipes Boulevard, being along a line 37.5' southwest of and parallel to the centerline of said Lipes Boulevard, to the point of curvature of a circular curve to the left having a central angle of 18 °32'48 ", a radius of 337.50' and a chord bearing S70 °13'29 "E a distance of 108.77'; THENCE along a southwest right -of -way line of said Lipes Boulevard, being along said circular curve to the left, a distance of 109.25' to a point for northerly corner of the tract herein described; THENCE along a southwest right -of -way line of said Lipes Boulevard, being along a line 20' southwest of and parallel to the centerline of said Lipes Boulevard, S60 °57'59 "E 347.94' to the POINT OF BEGINNING, a sketch showing said 12.623 acre RM -2 Zoning Tract being attached hereto as Exhibit "C ". Nixon M. Welsh, R.P.L.S. EXHIBIT "B" Page 1 oft I =18° 32' 48" R =337. 50' T =55. 11' L =109. 25' CB =S70° 13' 29" E CH =108. 77' CL LIPES BLVD. co S60° 57' 59" E 166. 28' S60° 57' 59" E 347. 94' STREET ROW EASEMENT, D ❑C. 2011011855, ❑, P. R. LOT 7, SECT 21, FB & EF & GT w z J H 0 J \\ cN \y�� RM -2 ZONING TRACT 12.623 AC. N60°56' 51" W 731, 11' RS -6 LOT 10, SECT 21, FB & EF & GT LOT LINE ZONING TRACT 8.556 AC. LOT 8, SECT 21, FB & EF & GT 0 N60° 56' 51" W I-F 766. 50' EXHIBIT "C" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTI ❑NS 1" = 200' S29° 03' 09" W 52. 84' LOT 9, SECT 21, FB & EF & GT `JCL 135' D. E. V. 2005, P. 837, D. R. BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027 -00, TX ENGINEERING REG. NO. F -52, FILE: EXB- ZONING, JOB NO. 12044 SCALE: 1" = 200' PLOT SCALE: SAME PLOT DATE: 09/20/12 SHEET 1 OF 1 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 13, 2012 Second Reading /Action Item for the City Council Meeting of November 20, 2012 DATE: TO: FROM: October 15, 2012 Ronald L. Olson, City Manager Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Saratoga Highway Properties, LLC (Case No. 1012 -02) Change from "CN -1" Neighborhood Commercial District to "CG -2" General Commercial District Property Address: 6197 Dunbarton Oak Drive CAPTION: Case No. 1012 -02 Saratoga Highway Properties, LLC: A change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District, without resulting in a change of future land use. The property to be rezoned is described as being a 3.38 -acre tract of land out of Lot 1, Block 3, Cimarron Center, located on the southwest corner of Dunbarton Oak Drive and Cimarron Boulevard. PURPOSE: The purpose of this item is to rezone the property to allow construction of a self- service storage facility. RECOMMENDATION: Planning Commission and Staff Recommendation (October 10, 2012): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. BACKGROUND AND FINDINGS: The applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District to allow construction of a self- service storage facility with a caretaker's quarters. There will be five storage buildings that will range from 2,050 to 23,800 square feet. The tallest building, which will be the office with upper story caretaker's quarters, will be 22 feet tall and is within the height regulations of the "CG -2" General Commercial District. The business would operate during the hours of 8:00 A.M. to 6:00 P.M. and the facility would be constructed in multiple phases. This facility would not abut the single - family neighborhood to the west, a 188 -foot wide or 1.34 -acre lot zoned "CN -1" Neighborhood Commercial will remain and serve as a buffer. There will be convenient access to Cimarron Road, which is an arterial street, via Dunbarton Oak Drive North of the subject property is vacant land and the Arbors on Saratoga apartment complex, which are zoned "CN -1" Neighborhood Commercial District and "CG -2" General Commercial District respectively. East of the subject property is Cimarron Boulevard and a low density residential neighborhood zoned "RS -6" Single - Family 6 District. South of the subject property is vacant land that is zoned "RM -2" Multifamily 2 District. West of the subject property is a vacant 1.34 -acre tract of land owned by the applicant and zoned the "CN -1" Neighborhood Commercial District. By rezoning only a portion of the property, there will be a 188 -foot buffer between the subject property and the residential neighborhood. The proposed storage facility will have convenient access to Cimarron Boulevard, which is an arterial street. Traffic from the facility will flow away from residential areas and will not impact the surrounding subdivisions. ALTERNATIVES: 1. Approve an intermediate zoning district or Special Permit; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is consistent with elements of the Comprehensive Plan and the adopted Future Land Use Plan, which slates the property for a commercial use. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: 1.) Aerial Overview Map 2.) Zoning Report with Attachments 3.) Ordinance with Exhibit ZONING REPORT Case No.: 1012 -02 HTE No. 12- 10000031 Planning Commission Hearing Date: October 10, 2012 Applicant & Legal Description Applicant /Owner: Saratoga Highway Properties, LLC Representative: Balusek - Frankson (Courtland Frankson) Legal Description /Location: Being a 3.38 -acre tract of land out of Lot 1, Block 3, Cimarron Center, located on the southwest corner of Dunbarton Oak Drive and Cimarron Boulevard. Zoning Request From: "CN -1" Neighborhood Commercial District To: "CG -2" General Commercial District Area: 3.38 acres Purpose of Request: To allow the construction of a self - service storage facility. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CN -1" Neighborhood Commercial Vacant Commercial North "CN -1" Neighborhood Commercial & "CG -2" General Commercial Vacant & Medium Density Residential Commercial South "RM -2" Multifamily 2 Vacant Medium Density Residential East "RS -6" Single - Family 6 Low Density Residential Low Density Residential West "CN -1" Neighborhood Commercial Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for a commercial use. The proposed change of zoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Plan. Map No.: 043032, 043033 Zoning Violations: None Transport- ation Transportation and Circulation: The subject property has 950 feet of frontage along the south side of Dunbarton Oak Drive, which is a "01" Minor Residential Collector Street. The subject property also has 50 feet of frontage along the west side of Cimarron Boulevard, which is an "Al" Minor Arterial Undivided Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Dunbarton Oak Dr. "01" Minor Residential Collector 60' ROW, 40' paved 65' ROW, 41' paved Not Available Cimarron Boulevard "Al" Minor Arterial Undivided 95' ROW, 64' paved 80' ROW, 60' paved 10,946 ADT (2010) Zoning Report Case #1012 -02 Saratoga Highway Properties Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District to allow construction of a self - service storage facility with a caretaker's quarters. Applicant's Development Plan: The applicant is proposing a self - service storage facility consisting of five storage buildings and one office building containing a caretaker's quarters. There will be five storage buildings that will range from 2,050 to 23,800 square feet. The tallest building, which will be the office with upper story caretaker's quarters, will be 22 feet tall and is within the height regulations of the "CG -2" General Commercial District. No individual storage unit can exceed 400 square feet. The office would staff one full -time employee and a part -time assistant. The top floor of the office will be used as a caretaker's quarters and will comply with all standards defined in the Unified Development Code (UDC). The business would operate during the hours of 8:00 A.M. to 6:00 P.M. This project would be constructed in multiple phases. Existing Land Uses & Zoning: North of the subject property is vacant land and the Arbors on Saratoga apartment complex, which are zoned "CN -1" Neighborhood Commercial District and "CG -2" General Commercial District respectively. East of the subject property is Cimarron Boulevard and a low density residential neighborhood zoned "RS -6" Single - Family 6 District. South of the subject property is vacant land that is zoned "RM -2" Multifamily 2 District. West of the subject property is a 1.34 -acre tract of land owned by Saratoga Highway Properties, LLC, which is zoned the "CN -1" Neighborhood Commercial District and will serve as a buffer between the self - service storage facility and the single - family neighborhood to the west. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is consistent with elements of the Comprehensive Plan and the adopted Future Land Use Plan, which slates the property for a commercial use. The rezoning is consistent with relevant elements of the Comprehensive Plan such as: 1.) Commercial service areas designed to serve local neighborhoods should be conveniently located and in harmony with the surrounding neighborhood (Comprehensive Plan, Commercial Policy Statement G). 2.) Infill should be encouraged on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement H). 3.) Minimize the impact of commercial areas on adjacent, existing, or future residential areas through the use of compact designs, screening fences, open space, and landscaping (Comprehensive Plan, Commercial Policy Statement B). Plat Status: The subject property is currently platted. Department Comments: • The configuration of this rezoning will leave a 188 -foot buffer between the subject property and the residential neighborhood. • The proposed storage facility will have convenient access to Dunbarton Oak Street, which is designated as a "01" Minor Residential Collector, and connects to Cimarron Boulevard, an "Al" Minor Arterial Undivided street. This will help curve traffic flows away from residential areas. Zoning Report Case # 1012 -02 Saratoga Highway Properties Page 3 • The proposed self- service storage facility will serve the surrounding single - family and multifamily developments. Planninq Commission and Staff Recommendation (October 10, 2012): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. Notification Number of Notices Mailed — 20 within 200' notification area; 1 outside notification area As of October 15, 2012: In Favor In Opposition For 0.00% in opposition. — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \1012 -02 Saratoga Highway Properties \1012 -02 Report for CC, Saratoga Highway.docx SUBJECT PROPERTY CG-2 1,2 RS -66 20 2 1 C N' - 1' 6 TER BRIGHTON VILLAGE UNIT 5 L -AGE 1G 3 800 it& Feet CASE: 1012 -02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition Date Created: 9/18 2012 Prepared By: jeremym Department •fDevelopment\Services SUBJECT PROPERTY -FM 2444'4 > oS0 LOCATION MAP riN City of Corpus Christi CURVE DA TA 0YVA3 71708 NDHH n71 3 m O v) Chi] O •ze et LS C3 �D . w Ni � O � t ec L m Z N rn Lu R r. NV J U 4 rN -O -d ri 0 ,02 0 A. • • 4214 o.;y mti €.;1* 14 I:3ryw '1WAd 30 3143 • lD 05 41 O w c � _. wiw ■ ^. —. —.` 3N17 DN /NDZ "3 "0 ,01 ti t, Q "3 "0 , OI i-4-7 '3 .n ,o i� 3„ S168f 88ZN 1 1 ?NdW Din ZL--O2 .5 3911d 16 4.11;; 'S9 3W177OA tii,, 531111 S3 NOdgbWl,7 Et SITE PLAN Ordinance amending the Unified Development Code ( "UDC ") upon application by Saratoga Highway Properties, LLC ( "Owner "), by changing the UDC Zoning Map in reference to a 3.38 -acre tract of land out of Lot 1, Block 3, Cimarron Center, from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding the application of Saratoga Highway Properties, LLC ( "Owner "), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 10, 2012, during a meeting of the Planning Commission, and on Tuesday, November 13, 2012, 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. The Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 3.38 -acre tract of land out of Lot 1, Block 3, Cimarron Center (the "Property "), located on the southwest corner of Dunbarton Oak Drive and Cimarron Boulevard from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District (Zoning Map No. 048038), 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 survey of the property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances 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, and Article 10 of the UDC. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the 13th day of November, 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED TO ITS SECOND READING ON THIS THE 13th DAY OF NOVEMBER, 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor 1012 -02 Ordinance, Saratoga Highway Page 2 of 3 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2012. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 1012 -02 Ordinance, Saratoga Highway Page 3 of 3 FIELDNOTE DESCRIPTION FOR 3.38 ACRES OF LAND THE STATE OF TEXAS § COUNTY OF NUECES § BEING 3.38 acres of land, same being a portion of that tract of land conveyed by Monica R. Mejia to Saratoga Highway Properties, LLC. by Instrument No. 2010036245 with an effective date of September 27, 2010, same being a portion of Lot 1, Block 3, Cimarron Center, as recorded in Volume 67, Pages 442 and 443 of the Map Records of Nueces County, Texas, said 3.38 acres of land being more fully described by metes and bound as follows: BEGINNING at a point at the most southern corner of said Lot 1, Block 3 of Cimarron Center, same being the northeast corner of Lot 1, Block 6 of Cimarron Estates as recorded in Volume 65, Pages 70 - 72 of the Map Records of Nueces County, Texas, said point being the most southern corner of the herein described tract of land; THENCE, N. 610 21' 29" W., a distance of 894.86 feet along the common lot line between said Lot 1, Block 3 of Cimarron Center and said Lot 1, Block 6 of Cimarron Estates to a point, said point being the most western corner of the herein described tract of land; THENCE, N. 28° 38' 25" E., a distance of 283.90 feet to a point in the southwest right -of- way line of Dunbarton Oak Drive (75' in width), said point being the most northern corner of the herein described tract of land; THENCE, along the southwest right -of -way line of Dunbarton Oak Drive which is in a curve to the right having a radius of 785.00 feet, an arc distance of 270.81 feet (Chord Bearing and Distance: S. 50° 15' 41" E., 269.47') to the Point of Tangency of said curve, said point being a corner of the herein described tract of land; THENCE, S. 40° 22' 40" E., a distance of 365.48 feet along the southwest right -of -way line of Dunbarton Oak Drive to the Point of Curvature of a curve to left, said point being a corner of the herein described tract of land; THENCE, along the southwest right -of -way line of Dunbarton Oak Drive which is in a curve to the left having a radius of 647.00 feet, an arc distance of 237.32 feet (Chord Bearing and Distance: S. 50° 53' 09" E., 236.00') to the Point of Tangency of said curve, said point being a corner of the herein described tract of land; THENCE, S. 61° 23' 39" E., a distance of 37.11 feet along said Dunbarton Oak Drive southwest right -of -way line to a point, said point being the Point of Curvature of a curve to the right, said point being a corner of the herein described tract of land; EXHIBIT A Fieldnote Description For 3.38 Acres Of Land Nueces County, Texas Page 2 THENCE, along said curve to the right, same being said Dunbarton Oak Drive southwest right -of -way line, said curve having a radius of 20.00 feet and an are distance of 31.43 feet (Chord Bearing and Distance: S. 16° 22' 30" E., 28.29') to the Point of Tangency of said curve, said point being the most eastern corner of the herein described tract of land; THENCE, S. 28° 38' 40" W., a distance of 38.31 feet along the northwest right -of -way line of Cimarron Boulevard to the Point of Beginning, containing within these metes and bounds 3.38 acres of land. These fieldnotes were prepared based on a Plat of Lot 1, Block 3, Cimarron Center as recorded in Volume 67, Page 442 and 443 of the Map Records of Nueces County, Texas, and was not staked on the ground. A.C. FRANKS • N Registered Professional Land Surveyor Texas Registration No. 2239 DATED :.9 EXHIBIT A 12164 FieldNotes 3.38 Acres.doc Ow A.0 2239 CURVE DATA a8VA371709 NOUNINI q■_ ■mitty■ ■ . ■_ ■_ Q .a, 164'.0A io 1.1; 4: N .� .If c.) Clo 1 1'' V 07 j� . • .1, �. .y fit/ • . ■ Ir jir if,, 1.. ,o.. I:gto w E '. CO co ti ' :• j.lco o W ,Lu r " 4 i:� . N Ii' z r,N `:.�_9 41/ . sa ,,N1�.• rf� tutn Lu �� c N V i '' ... ' pi -Q '''..-3,'. \tn.. _•-tl I11ice.' - 'M ,06 `f 9? I I - 3„ SZ, B£'.90N I 1 I'0 D.. c'^ 19 11� xz 1 'u': II I II IL _3 '0 _O1 561°21'29"E 557.68' 561°21'29"E 136.67' .._. MN= . Ct • dV��� wNv 1:3 Ct Et en �� zz Lk! .� c:3 tc • 7 V) q oQ -L - -- a .j,,. f rf /,. viv '3 '0 ,01 ._•_•_._. I4j N61 °21'29 "!1 N 11 , 66 T9? 13„ 5Z, 8£ 0 BZN 1 1ONJVJ ° Wa 59 3WI770Ad 1 6, S317l S3 NOHHV1NIO '3 'R ,O1 EXHIBIT B d � L� ZONING REPORT Case No.: 1012 -03 HTE No. 12- 10000032 Planning Commission Hearing Date: October 10, 2012 Applicant & Legal Description Applicant /Representative: Yorktown Oso Joint Venture Owner: Related Investors, Ltd. Legal Description /Location: Being a 7.339 -acre tract of land out of Lots 29 and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located east of Rodd Field Road and south of Stampede Drive. Zoning Request From: "FR" Farm Rural District To: "RS -4.5" Single - Family 4.5 District Area: 7.339 acres Purpose of Request: To allow the development of a single - family subdivision. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Low Density Residential North "RS -4.5" Single - Family 4.5 Vacant & Low Density Residential Low Density Residential South "FR" Farm Rural Vacant Low Density Residential East "RS -4.5" Single - Family 4.5 Vacant Low Density Residential West "FR" Farm Rural Vacant Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for a low density residential use. The proposed change of zoning to the "RS -4.5" Single - Family 4.5 District is consistent with the adopted Future Land Use Plan. Map No.: 042029 Zoning Violations: None Transport -ation Transportation and Circulation: The subject property will be platted and local residential streets will be constructed to connect to the Rancho Vista subdivision. This phase of the Rancho Vista subdivision will have indirect access to Yorktown Boulevard, which is an "A3" Primary- Arterial Divided street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Yorktown Blvd. "A3" Primary- Arterial Divided 130' ROW, 79' paved 140' ROW 24' paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District to allow the platting and subsequent construction of a residential subdivision consisting of 32 residential lots. Zoning Report Case #1012 -03 Yorktown Oso Joint Venture Page 2 Applicant's Development Plan: The applicant is proposing an extension of the Rancho Vista Subdivision. The purpose of the change of zoning is to finalize a plat so the land can be sold to potential buyers. The development is planned to have 32 residential lots on the 7.339 -acre tract of land. Existing Land Uses & Zoning: South and west of the subject property is vacant land that is zoned "FR" Farm Rural District. An extension of the Rancho Vista subdivision is being constructed east of the property and is zoned "RS -4.5" Single - Family 4.5 District. North of the subject property is a section of Rancho Vista that is currently populated and zoned "RS -4.5" Single - Family 4.5 District. There are future development plans to expand Rancho Vista to encompass all land around the subject property. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is consistent with the Comprehensive Plan and the adopted Future Land Use Plan, which slates the property for a residential use. Plat Status: The subject property is not currently platted. Department Comments: - Extension of the Rancho Vista subdivision is consistent with the adopted Future Land Use Plan and is an appropriate use for this land. - A preliminary plat for the Rancho Vista subdivision is being submitted to the City and the plat will be laid out in accordance with the zoning regulations. Staff Recommendation: Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District. c.) a Notification Number of Notices Mailed — 23 within 200' notification area; 1 outside notification area As of October 15, 2012: In Favor In Opposition For 0.00% in opposition. — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Plat K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \1012 -03 Yorktown Oso Joint Venture \1012 -03 Report for CC, Yorktown Oso.docx RA NC 10 ?AN HQ VISBTA U' VJ SJA JN11 -3� DR Oa 16 4 - 37 RS -4.5 14 5 ; • 23 � / At 10 3 ilir15 4 20 AN fi!Q z + A UN'I3T 4' 11 \_ SUBJECT PROPERTY 0 RANCHO VISTA UNIT 44„, RS -4.5' 400 800 Feet Date Created: 9/27/2012 Prepared By: jeremym Departm, -nt of Development Services CASE: 1012 -03 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY 1.) later- plaited area contains 7.578 .. .. . IE p 578 acres of land {Includes Street Dodicotlon). li � 2.) Set 5/8 inch Mon zeds with red plastic pop stamped 'URBAN ENCR C.C. T%' of all Lot comers, except where noted. 11 3.) The receiving water for the storm water runoff from thie property is the Oeo 0 Yorktown 0ouraepd Al Creek The TCEC has not classified the aquatic Nth use far the Deo Peak, ill S a 1 . but it is recognized as art environmentdiy sensitive area The Coo Creek flaws directly into the Deo Bay. The TLEO has classified the aquatic life use for x the Oso Bay oe '.0 ptiond' one 'oyster waters" one categorized the n' receiving water as contact reception" use. . 1 i ■i 7 4.) Bearings are based on the recorded plat of Rancho Vista Subdivision Unit 4A, ef� al Ilj e map of which Is recorded In Volume 67, Pages 508 -510, Map Records of �� Nueoes County, Texas. ` s °' '',1 7 5.) By graphic plotting only, this property le In 2ona 'B' an Flood Insurance Rate 1 I Atop, Communityy Panel Ma 485494 1641 C. Names County, Taxes. which E beam on effective data of March 18, 1985 and is not i n a S p e c i e ! 1 Site 1 Hazard Area. LOCATION MAP N.T.S. State a1 Texas County of Noeces I. Keith W. Wooley, a Registered Professional Land Surveyor for Urban Engineering, have prepared the foregoing mop from o survey mode on the ground under my direction and is time and correct to the best of my kiewladge, 1tarnatlan and belief: I hove been engaged wider contract to set all Lod aid Block corners as shown herein and to complete such operations with due and reasonabee diligence consistent with Bound profeselond practice. Plat of This the — day of , 20� Rancho Vista Subdivision Keith W. Wadey, R.P.LS. Unit 7 Texas License No. 5463 2578 acres of land oat of Lots 29 and 34 Section 2)5 flour State of Texas ate and Fnaildl Farm and Goatee Pack a mtp of which 7e County of Nuecee recorded AT Vol A, Aga 41-4 AAga Records of &aces Comte Thie es pint 01 the herein described property elm approved by the Department of Development Texas y Corpus C1WSt1, Texas. Thla the _ cloy of 2D_ Chodes F. Dibrell, III, P.E Development Services Engineer State of Texas County of Nueces This end plot of the herein described property vas approved on behalf of the City Of Corpus Christi, Texas by the Planning Commission. State of Taxes State of Tonne This the _ day of 20� County of Nuecex County of %races Y006101 N ORO JOINT VENTURE, hereby certified that It 10 the owner of the lands AMERICAN BANK, hereby certiflee that It holds a limn am the property owned by Mork Von Vied,. P.E. A. Javier Huerta, A.I.A. , Chairman embraced within the boundafea of the foregoing plot: that It has had said lands YORKTOWie OBO JOINT VENTURE, os shown on the foregoing map and R approves of Seerstory surveyed and eubdvided oar allow that streets shown are dedicated to the public the eubd:Nalon and dedication for the purposes and eoneleerotlons therein expressed use forever; that easements 09 shown are dedicated to the public wee for the Installation, opvotlan and use of public utilities and that this map was made far State of Texae the purpose of deaalptian and dedication This the ___ day of _ 20_ County of !faeces ThIs the _day of 2D,.,,,._v 1, Drone T. Barer:, Clerk of the County Court In era f add County, do hereby certify that the foregoing Instrument dated the _ day of 20",___, with its certificate of By. AMERICAN BANK authentication was filed for record In my office the _ day of 20_ At By: YORKTtiMN R50 JOINT VENTURE O'clock, _ _M., red rally recorded the _ cloy of 20^ at _ O'dodr fit., Ely in said County in Volume _, Page Map Records. PHIWP J. RITLEI'. Senior Lending Officer BY Witness my hand and seal of the County Court, in and for add County, at office in Corpus ChrietL a Texas, the day and year last written. FRED BRASELTON. Managing Partner State of Texas County of Nueano State of Tama This instrument woo acknowledged befom me by PHIWP J. RITLEY., cm Senior Lending No. County of Nueces Officer or AMERICAN BANK, an behalf of mid bank. Flied far Reeortl Diana T. Barer:, County Clerk Nuacee County, Texas This inaument acknowledged before me by FRED BRASELTON, ae Managing at O'clock u, t Partner of 106010163 080 JOINT VENTURE, on handlt of said JOINT VENTURE. 20 By: Deputy Title the _ day of , , 20.- Thla the _— day of 20__. Notary Public in end for the State of Texas ® a Notary awhile in and tor the Stroh, of T qg IIE� ■ 1 ®I"{ DATE: Seat. 21, 2012 ENGINEERING Mi{F• 1 '(14). CORPUS CHRI$e, TExNS .1 SHEET: 1 3931932.08 weir° ran s.ei DRAWN BY: )IG $ Ir r;.j A 1 1 W .x [ 44 VA ,m '311/a'401 Li. w Pi 4g4 ° rd rvi P PVC C mime 3 weld U J0Vf 400d q 111 �g3 i Jill RAW tl J,0I or 4 SAW BnissA p0 OIP e.11 ,11145 00'014 0406{ 1114, Y865 1o; 3.4144,424 �Obr�0} � �yN d•' 4.11014. 6Y9111 OQ081 100,LftiLN W Barr J �10H00 -0N •40) 311. 9 6 '` 462 ,„ s,�3.40 34 N i » Q. '.4.H'raSIli i7.4.-------..../ _ N ('7n 944.4441 Pe14444 may qunep 111439nN yo Sp100 o wJ'! 10P 14601 wpio0Puo 03 o unIH �Iwli 9L 001E 5 '6£ WI EN h 0 z d .4n l"1 42 .ide gill 130 0 '1'0'N'a'0 .H .ea 14.00..3 00.41000 u.aad4.1 0 Ordinance amending the Unified Development Code ( "UDC ") upon application by Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to a 7.339 -acre tract of land out of Lots 29 and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding the application of Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ( "Owner "), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 10, 2012, during a meeting of the Planning Commission, and on Tuesday, November 13, 2012, 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. The Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 7.339 -acre tract of land out of Lots 29 and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located east of Rodd Field Road and south of Stampede Drive, from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District (Zoning Map No. 042029), as shown in Exhibits "A" and "B." Exhibit "A," which is a metes and bounds description of the Property, and Exhibit "B," which is the map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances 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, and Article 10 of the UDC. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the 13th day of November, 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED TO ITS SECOND READING ON THIS THE 13th DAY OF NOVEMBER, 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor 1012 -03 Ordinance, Yorktown Oso Page 2 of 3 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2012. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 1012 -03 Ordinance, Yorktown Oso Page 3 of 3 u RBAN ENGINEERING STATE OF TEXAS COUNTY OF NUECES J Job No. 39319.B2.09 September 21, 2012 REV: September 26, 2012 Field Notes for a 7.339 acre tract of land (not based on an on- the - ground survey) out of Lots 29 and 30, Section 25, 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 tract being more fully described as follows: Commencing at a comer on the west boundary line of Justus Drive, a 50.00 foot wide public roadway, same being the southeast corner of Lot 1, Block 15, of Rancho Vista Subdivision Unit 4, a map which is recorded in Volume 67, Pages 54 -55, Map Records of Nueces County, Texas; Thence, North 61 °17'51" West, along the southwest boundary line of said Lot 1, Block 15, a distance of 75.00 feet, to the southwest corner of said Lot 1, Block 15, same being the southwest corner of Lot 2, said Blockl 5, for the Point of Beginning and for the northeast corner of this tract; Thence, South 28 °42'09" West, a distance of 170.00 feet, for a comer of this tract; Thence, South 61°17'51" East, a distance of 20.00 feet, for a corner of this tract; Thence, South 28 °42'09" West, a distance of 260.00 feet, for a corner of this tract; Thence, North 61°17'51" West, a distance of 15.00 feet, for a corner of this tract; Thence, South 28 °42'09" West, a distance of 170.00 feet, for the southeast corner of this tract; Thence, North 61 °17'51" West, a distance of 510.00 feet, for the southwest corner of this tract; Thence, North 28 °42'09" East, a distance of 85.00 feet, for a corner of this tract; Thence, North 61°17'51" West, a distance of 20.00 feet, for a corner of this tract; Thence, North 28 °42'09" East, a distance of 120.00 feet, for a comer of this tract; Thence, South 61 °17'51" East, a distance of 20.00 feet, for a corner of this tract; Thence, North 28 °42'09" East, a distance of 190.00 feet, for a corner of this tract; Thence, North 61 °17'51" West, a distance of 20.00 feet, for a corner of this tract; Thence, North 28 °42'09" East, a distance of 85.00 feet, for a comer of this tract; Thence, North 61°17'51" West, a distance of 60.00 feet, for a corner of this tract; Thence, North 28 °42'09" East, a distance of 77.38 feet, for a comer of this tract; Thence, South 61 °17'51" East, a distance of 70.19 feet, for a comer of this tract and for the beginning of a non- tangent curve to the right whose radius point bear South 59 °07'37" East, a distance of 259.10 feet and having a central angle of 09 °30' 17 ", a radius of 259.10 feet, a tangent length of 21.54 feet and an arc length of 42.98 feet; Thence along said non - tangent curve to the right, an arc length of 42.98 feet for a corner of this tract; (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 www.urbaneng.com \\ Urbanfs02\ DatalSurveying1393191B2091Fieldnotes Unit 7 zoning_rev.doc TBPE Firm #145 FAX (361)854 -6001 Page 1 of 2 EXHIBIT A Thence, South 61°17'51" East, along said southwest boundary line of Rancho Vista Subdivision Unit 4, a distance of 509.64 feet, to the Point of Beginning and containing 7.339 acres (319,673.73 square feet) of land. Bearings based on the recorded plat of Rancho Vista Subdivision Unit 4, a map of which is recorded in Volume 67, Pages 54 -55, Map Records ofNueces County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. URBAN ENGINEERING 11Urbanfs021DatalSurveying1393191B2091Fieldnotes Unit 7 zoning_rev.doc Dan L. Urban, R.P.L.S. License No. 4710 Page 2 of 2 EXHIBIT A 38 37 36 35 34 20Y.R..\ • n 9 A =09'30'17" R= 259.10' T= 21.54' L= 42.98' L12 1 Stampede Drive 20Y.R.-' 61?, I Block 15 4 8 7 Rancho Vista Subdivision Unit 4 3 Vol. 67, Pgs. 54-55, Mop 1 Records of Nueces County, Texas S61'17151"E 509.64'_ 7.5.11.E r 33 30 Block 3 Rancho \fsta Subdivis'on Unit 4A Vol. 67, Pgs. 509 -510, Mop Records of Nueces County, Texas 29 Radius Point Beare 559'07'37'E 259.10' L10 N28'42'09 "E 190.00' 7.5' U.E (Dec. No. 2007045050, O.R.N.C.T.) 7.339 Acres (319673.73 sq ft) Lot 30, Section 25 Flour Bluff and Encino! Farm and Garden Tracts Vol. A, Pgs. 41 -43, Map Records of Nueces County, Texas (Owner: Related Investors, Ltd.) L5 a 3 0 N61'17'51 "W 75.00' Point of Beginning Point of Commencement Justus Drive � 12 H a—s) o X C7 0 Z• N c c C O 0 U 0 V 0 071- Bic ai cdo aV .v Z -I"' 41 J 0> 0 t z re 1 0 71/ LINE BEARING DISTANCE L1 S28'42'09"W 170.00' L2 561'17'51 "E 20.00' L3 N61'17'51"W 15.00' L4 N28'42'09 "E. 85.00' L5 N61'17'51"W 20.00' L6 528'42'09 'E 120.00' L7 561'17'51 "E 20.00' L8 N61'17'51"W 20.00' L9 N28'42'09 "E 85.00' L10 N61'17'51"W 60.00' L11 N28'42'09 "E 77.35' L12 56117'51 "E 70.19' N61' 17'51 "W 510.00' Lot 30, Section 25 Map to Accompany Find Notes for o 2,159 yaw tact of land (not based on an on Lhe- ground ewsej ) out of Lots 29 and 34 Ssctl n 24 flour Muff and Enchd farm and Garden Track a mop of Mich it recartn*d h ltatene A, Pages 41-4 Map Records of Mums Counts Tarot Lot Line 150 100 J 0 0 0 N S28'42'09"W 05 0 CV co Ownership (Owner: Yorktown Oso Joint Venture) Line Lot 29, Section 25 E • (Owner: Related Investors, Ltd.) 50 0 Graphic Scale 1"=100, URBAN ENGINEERING CORPUS CHRISTI, TEXAS } iirm Nc !45• 2725 SwanMar 51. C CArith; 1 78404 PHONE (361) 854 -310! FAS1 (361) 854 -600! 100 200 REV: Sept. 26, 2012 DATE: Seet. 21, 2012 SCALE: 1 =100' JOB NO.: 39319.B2.09 SHEET: 1 of 2 DRAWN BY: JDC EXHIBIT B 9 0 o rt -o ao , � o oa Yorktown Boulevard 0 > co Ott 6 ■, P °<µ 0 ° Nela o� 'Q'C' , m c v > o s a Bar Long T Dr. S Dr. 0 ?' h Li Dr. J R• as w� G a �•o ,� o as 0 " 6 Dunn P Brown D' t Vaquero Dr. c0 o Stampede / \-(26 �te\O 4- I Caribou b a waod Iw Stc M nk Map to Accompany Fish Motes far a 7.339 acre Lust of bad (not based on an on—Th —grmmd survey) out of Lot 29 and 34 Sectkn 2. flour Bluff cad Encino, Fa*m anti Gorden Trxt% o mop of which Is recorded h Nokims A. Pages 41-44 Ikp Records of Nimes County Toros LOCATION MAP N.T.S. U R B A I4 REV: Sept. 26, 2012 DATE: Sect. 21; 2012 ENGINEERING SCALE: 1 =100 CORPUS CHRISTI, TEXAS JOB NO.: 39319.B2.09 SHEET: 2 of 2 am No. 145 ,2725 854-3101 b, r sr" F (360 854-6001 18404 DRAWN BY: JDC MAE EXHIBIT B d Kr."-:.;71 \ ZONING REPORT Case No.: 1012 -04 HTE No. 12- 10000033 Planning Commission Hearing Date: October 10, 2012 Applicant & Legal Description Applicant /Representative: Yorktown Oso Joint Venture Owner: Related Investors, Ltd. Legal Description /Location: Being a 13.206 -acre tract of land out of Lots 31 and 32, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located east of Rodd Field Road and south of High Gun Drive. Zoning Request From: "FR" Farm Rural District To: "RS -4.5" Single - Family 4.5 District Area: 13.206 acres Purpose of Request: To allow the development of a single - family and clustered housing subdivision. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Low Density Residential North "RS -4.5" Single - Family 4.5 Vacant & Low Density Residential Low Density Residential South "FR" Farm Rural Vacant Low Density Residential East "RS -4.5" Single - Family 4.5 & "FR" Farm Rural Vacant & Low Density Residential Low Density Residential West "IL" Light Industrial Vacant & Public and Semi Public Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for a low density residential use. The proposed change of zoning to the "RS -4.5" Single - Family 4.5 District is consistent with the adopted Future Land Use Plan. Map No.: 042029, 042030 Zoning Violations: None Transport -ation Transportation and Circulation: The subject property is located along the west side of the future Rodd Field Road, which is a proposed "A3" Primary- Arterial Divided street. The property has access to Laurelas Road and Fort Griffen Drive, which are local residential streets. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Rodd Field Rd. "A3" Primary- Arterial Divided 130' ROW, 79' paved Not Built Not Available Fort Griffen Dr. Local" Residential 50' ROW 28' paved 50' ROW 28' paved Not Available Laurelas Rd. "Local" Residential 50' ROW 28' paved 50' ROW 28' paved Not Available Zoning Report Case #1012 -04 Yorktown Oso Joint Venture Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District to allow the platting and subsequent construction of a residential subdivision consisting of 71 single - family lots and utilizing the Clustered Development Overlay regulations. Applicant's Development Plan: The applicant is proposing an extension of the Rancho Vista Subdivision consisting of 71 single - family residential lots on the 13.206 -acre tract of land. A portion of the lots in this development will use the Clustered Development Overlay District, which gives the developer a higher density than the standard single - family zoning district while increasing the amount of open space required for the site and requiring common open space with recreational features. Existing Land Uses & Zoning: South of the subject property is vacant land that is zoned "FR" Farm Rural District. Phases of the Rancho Vista subdivision are being constructed north and east of the subject property and are zoned "RS -4.5" Single - Family 4.5 District. Also to the east of the subject property is vacant land zoned "FR" Farm Rural District. West of the subject property is vacant land zoned "FR" Farm Rural and across the proposed Rodd Field Road is predominately vacant land zoned as the "IL" Light Industrial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is consistent with elements of the Comprehensive Plan and the adopted Future Land Use Plan, which slates the property for a low density residential use. Staff will encourage the developer to implement the following ideas of the Comprehensive Plan within the proposed subdivision: 1.) Encourage parkland dedication within the Oso Creek area that enhances pedestrian access from neighborhoods to the Oso Creek and to provide pedestrian access and parks along the creek (Southside Area Development Plan, Environmental Policy Statement A.1. D). 2.) Drainage easements of sufficient width and appropriate slope, as dictated by the current drainage master plan, should be encouraged for installation of bike and pedestrian paths (Southside Area Development Plan, Public Service Policy Statement D.5). Plat Status: The subject property is not currently platted. Department Comments: - The proposed single - family subdivision is consistent with the adopted Future Land Use Plan and is an appropriate use for this land. - Utilizing the Clustered Development Overlay will help provide a mix of housing types in the area and opportunities exist for the City to give the developer incentives for using certain storm water infiltration designs to help protect the Oso Creek. Planning Commission and Staff Recommendation (October 10, 2012): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District. K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \1012 -04 Yorktown Oso Joint Venture \1012 -04 Report for CC, Yorktown Oso.docx Zoning Report Case # 1012 -04 Yorktown Oso Joint Venture Page 3 Notification Number of Notices Mailed — 46 within 200' notification area; 1 outside notification area As of October 15, 2012: In Favor In Opposition For 0.00% in opposition. — 1 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Location Map (Existing Zoning & Notice Area) K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \1012 -04 Yorktown Oso Joint Venture \1012 -04 Report for CC, Yorktown Oso.docx / 5 TA UM! 3A 3 IL ROOD V1ILL G SUBJECT PROPERTY 800 Feet Date Created: 9/27/2012 Prepared By: jeremym Department of Development Services CASE: 1012 -04 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY LOCATION MAP Ordinance amending the Unified Development Code ( "UDC ") upon application by Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to a 13.206 -acre tract of land out of Lots 31 and 32, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding the application of Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ( "Owner "), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 10, 2012, during a meeting of the Planning Commission, and on Tuesday, November 13, 2012, 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. The Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 13.206 -acre tract of land out of Lots 31 and 32, Section 25, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located east of Rodd Field Road and south of High Gun Drive, from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District (Zoning Map No. 042029, 042030), 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 entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances 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, and Article 10 of the UDC. 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. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal PASSED TO ITS SECOND READING ON THIS THE 13th DAY OF NOVEMBER, 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \1012 -04 Yorktown Oso Joint Venture \Council Packet \1012 -04 Ordinance, Yorktown Oso.docx That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2012. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \1012 -04 Yorktown Oso Joint Venture \Council Packet \1012 -04 Ordinance, Yorktown Oso.docx U I11BAN ENGINEERING STATE OF TEXAS COUNTY OF NUECES J REV: September 26, 2012 Job No. 39319.B2.13 September 21, 2012 Field Notes for a 13.206 acre tract of land (not based on an on -the- ground survey) out of Lots 31 and 32, Section 25, 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 tract being more fully described as follows: Commencing at the southwest corner of Rancho Vista Subdivision, Unit 3A, a map which is recorded in Volume 67, Pages 558 -559, Map Records of Nueces County, Texas, said southwest corner also being on the west boundary line of said Lot 32, Section 25; Thence, South 61°17'28" East, along the southwest boundary of said Rancho Vista Subdivision Unit 3A, a distance of 112.00 feet, to a found 5/8 inch iron rod with a red plastic cap stamped "Urban Engr C.C. Tx ", same corner being the southwest comer of Lot 12, Block 12, of said Rancho Vista Subdivision Unit 3A, for the Point of Beginning and the northwest comer of this tract; Thence, South 61 °17'28" East, along said southwest boundary of said Rancho Vista Subdivision Unit 3A, a distance of 180.00 feet, for a comer of this tract; Thence, North 28 °42'32" East, along said southwest boundary of Rancho Vista Subdivision Unit 3A, a distance of 0.50 feet, to a point on the east boundary of Cattlemen Drive, a 50.00 foot wide public roadway, for the southwest corner of Lot 12, Block 16, of said Rancho Vista Subdivision Unit 3A, and for a corner of this tract; Thence, South 61°17'28" East, along the southwest boundary of said Block 16, a distance of 624.14 feet, to a point on the southwest boundary of Lot 1 of said Block 16, for the easternmost comer of this tract and for the beginning of a non- tangent curve to the left whose radius point bears South 67 °35'52" East, a distance of 684.51 feet and having a central angle of 22 °41'58 ", a radius of 684.51 feet, a tangent length of 137.40 feet and an arc length of 271.19 feet; tract; Thence along said non - tangent curve to the left, an arc length of 271.19 feet for a corner of this Thence, South 00 °17'50" East, a distance of 44.86 feet, for a corner of this tract; Thence, South 89 °42' 10" West, a distance of 117.28 feet, for a corner of this tract; Thence, South 04 °51'41" West, a distance of 35.18 feet for a comer of this tract and for the beginning of a circular curve to the right whose radius point bears North 85°08'19" West, a distance of 360.00 feet and having a central angle of 23°50'51", a radius of 360.00 feet, a tangent length of 76.02 feet and an arc length of 149.84 feet; (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 www.urbaneng.com S:' urveying1393191B2131Fieldnotes Unit 8 zoning_rev.doc Page Firm # 145 FAX (361)854 -6001 EXHIBIT A Thence along said circular curve to the right, an arc length of 149.84 feet for a corner of this tract; Thence, South 28 °42'32" West, a distance of 151.44 feet, for the southeast comer of this tract; Thence, North 61 °17'28" West, a distance of 160.00 feet, for a corner of this tract; Thence, North 28 °42'32" East, a distance of 12.00 feet, for a comer of this tract; Thence, North 61 °17'28" West, a distance of 510.00 feet, for a corner of this tract; Thence, South 28 °42'32" West, a distance of 45.00 feet, for a comer of this tract; Thence, North 61°17'28" West, a distance of 180.00 feet, for the southwest comer of this tract; Thence, North 28 °42'32" East, a distance of 714.50 feet to the Point of Beginning and containing 13.206 acres (575246.95 square feet) of land. Bearings based on the recorded plat of Rancho Vista Subdivision Unit 3A, a map of which is recorded in Volume 67, Pages 558 -559, Map Records of Nueces County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. 64.• Ctic- " iLEEURBAN URBAN ENGINEERING Ott S:1 Surveying139319162131Fieldnotes Unit 8 zoning_rev.doc Page 2 of 2 Dan R. Urban, R.P.L.S. License No. 4710 EXHIBIT A of Commenceme C 0. Rodd Field Road 1 561'17'28 "E 112.00' - Pc$int of Be:pinning 9 rlI 10 11 m m 0 0 12 N28'42'32"E 0.50' 61'17'2811E- 71$0.00' 13 14 15 16 17 18 �20Y.R. 19 20 High Gun Drive 1-Rancho Vista Subdivision Unit 3A Vol. 67, Pgs. 558 -559, Map Records of Nueces County, Texas 12 10 ® 9 8 -I — - S61'17'281% 624.14 7 6 5 10 Fd. 5/8" I.R. with red plastic cap stamped "Urban. Engr C.C. Tx" N61' 17'28"W Note: No monumenation found or set unless otherwise noted. Map to Accompany Front Notes for a 11206 acre tract of land (not based on an on—the—ground aura& out of Lots 31 and JZ Ssctlon 151 flor Buff cad Encino! Farm and Garden Track; a mop of Balch Is resorted Volume 4 4 M h of Nooses County rarest k7 5 U.E. ?hoc. No. 2011012392. O.R.N.C.T.f 13.206 Acres (575246.95 sq. ft.) Lot 32, Section 25 Flour Bluff and Encino! Farm and Garden Tracts Vol. A, Pgs. 41 -43, Map Records of Nueces County, Texas rr) 0 a— N ITt o c J J M O 180.00' cl to N N 150 N61'17'28"W 510.00' 100 50 0 Gra 1, =hici 100' Scale URBAN` ENGINEERING CORPUS CHRISTI, TEXAS / Fem 7.854- r/ Se 1 / ) 100 200 REV: Sept. 26, 2012 DATE: Sept. 21, 2012 SCALE: 1 =100' JOB NO.: 39319 .82.13 SHEET: 1 of 3 DRAWN BY: JDC EXHIBIT B 13 14 15 16 17 18 19 �20Y.R. 1 20 21 22 23 vi 24 2- t High Gun Drive 12 10 .7.5'U.E. 9 1 Rancho Vista Subdivision Unit 3A Vol. 67, Pgs. 558 -559, Map _L _ `20^n. Records of Nueces County, Texas 4 3 2 1 of 8 7 6 5 S61'17'28"E 62414 — Fort Griffon Drive 13.206 Acres (575246.95 sq. ft.) M I 17 0 - 0 4 7.5'U.E (Doc. No 2011012392, O.R.N C.T.) Flour Bluff N61' 17'28°W 510.00' Note: No monumenation found or set unless otherwise noted. Map to Accompany Field Notes for a 13.206 tract of land (not based an an on— Me'giound sarrsy) out of Lots Jt and .3Z Section 25 flora Bluff and Enchal Farm and Garden Tiactk a mop of which k recorded it Volume A Pages 41 -44 Map Records of limes Counts Texas 150 Radius Point Bears 86735'52"E 684.51' A = 2741'58° R= 684.51' Q T= 137.40' L= 271.19' ti10, S t ° 11 I S0451'41"W 35.18 A = 23'50'51" R= 360.00' T= 76.02' L= 149.84' eons ?c,;(‘ t 060. 606 VI N 4161'17'281Y 160.00 P30 �aV DD 100 50 0 Grar pphic 1 Zola = 100 200 uRBANt REV: Sept. � 02 E: . 21 21 ENGINEERING SCALE: 1 =100 CORPUS CHRISTI, TEXAS JOB NO.: 39319.82.13 J SHEET: 2 of 3 Thin + DRAWN BY: JDC Mf .X EXHIBIT B 0 O 0 -- 0- 0 0 CC -0 L� 0 > m - Yorktown Boulevard 0 rn o L L > Bar T Dr. ) Lit o _c > cl 0 C 0 0 Long S Dr. 0'6 W Loy P° o o a o-.90° 9' L n EDunn P•int ,, o o Vaquero Dr. Brown D . g High Guns • �o�C0 0 1 Stampede Dr. 0) D SIL 6 Map to Accompany Field Notes for o 11206 aaa tract of land (not eased on an arthe-gmw,d cum& out of Lots 31 and .7Z Section 24 Flour Bluff and Encino! Farm and Garden Track; o map of which At recorded h It*nne A, Pages 41-44 Alp Recalls of flumes Cow,t.% Texas LOCATION MAP N.T.S. URBAN' ENGINEERING CORPUS CHRISTI, TEXAS / Rim Ain /0 2725 NOM ON) �s�r se r0 ���a Ste REV: Sept. 26, 2012 DATE: Seet. 21, 2012 SCALE: 1 =100' JOB NO.: 39319.B2.13 SHEET: 3 of 3 DRAWN BY: JDC EXHIBIT B Page 1 of 3 Ordinance appropriating $43,824.93 in developer contributions and $1,241.91 in interest earnings for a sum of $45,066.84 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Whereas, City of Corpus Christi Ordinance provides that should the City accept fees in lieu of land for park dedication, the fees shall be placed in the City's Community Enrichment Fund for the acquisition or improvement of parks most likely to serve the residents of the subdivision, which shall in no case be located more than one and one - half miles from the subdivision, and for the parkland acquisition and park development including utility extensions required to serve recreational areas; Whereas, City Ordinance provides that park development fees may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $43,824.93 in developer contributions and $1,241.91 in interest earnings for a sum of $45,066.84 is appropriated in the No. 4720 Community Enrichment Fund for park improvements and other related projects. Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the 13th day of November, 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED TO ITS SECOND READING ON THIS THE 13th DAY OF NOVEMBER, 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor Page 3 of 3 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2012. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor City of Corpus Christi, Texas Fund: 4720 - Community Enrichment Fund 4720 Org. Account Description Total Revenues Un- appropriated 21300 Developer Fee - interest 162.02 21300 Park trust - unrestrict interest 950.21 21371 Gateway interest 10.38 21357 HEB Park pool & tennis interes 2.14 21502 Beautification prom. interest 10.97 21507 Ed exchg prg- Sister City int. 0.75 21511 Permanent art trust interest 105.44 INTEREST 1,241.91 21300 Park trust - unrestrict donation 0.00 21300 Park Development Fee 28,400.00 21336 Cole Park donation 0.00 21346 Waldron Park 0.00 21429 Collier Park 0.00 21421 Royal Creek Estates 100.00 21440 Park Memorials 2,000.00 21634 Summer Wind Village 7,650.00 21667 Vista Hermosa 0.00 21668 Gardendale 0.00 21319 Coves at Lago Vista 5,327.89 21364 Cedar Ridge Park 0.00 21399 Baker's Acres 347.04 21529 Tropic Park 0.00 21424 Shoreline Oaks 0.00 CONTRIBUTION 43,824.93 TOTAL INT / CONTRB 45,066.84 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2012 Action Item for the City Council Meeting of November 20, 2012 DATE: TO: October 26, 2012 Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361- 826 -3494 MichaelMo@cctexas.com FY12 Grant appropriation for Meals on Wheels, Title XIX & Title XX CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $248,663.25 grant awarded by the Texas Department of Aging and Disability Services and appropriating in No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Title XIX and Title XX Meals on Wheels Program. PURPOSE: Accept and appropriate the State grant funds for the Title XIX and Title XX Meals on Wheels program. BACKGROUND AND FINDINGS: The Title XX grant is made available through the Texas Department of Aging and Disability Services for the Senior Community Services, Title XX Meals on Wheels (MOW) Program. The fund authorization period was effective October 1, 2011 through September 30, 2012. The Title XIX contract is made available through the Texas Department of Aging and Disability Services for the Senior Community Services, Title XIX Community Based Alternatives /Home Delivered Meals Program. The contract period was effective October 1, 2011 through September 30, 2012. This is a reimbursement grant. Meal service is initiated by referrals. The Texas Department of Aging and Disability Services will reimburse the City of Corpus Christi at a rate of $6.12 up to an estimated 10,000 units of service for the continuation of the Title XIX Managed Care /Home Delivered Meals Program. A monthly billing is submitted to the state based on the number of meals served. The Elderly Nutrition Program coordinates the home delivered meals operations to provide a fully prepared, well - balanced noon meal to homebound and /or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We served approximately 50,235 Title XX Meals on Wheels service units during fiscal year October 2011 through September 2012. ALTERNATIVES: Reject the grant award and contract. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate State grant funds. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $248,663.25 $248,663.25 BALANCE $248,663.25 $248,663.25 Fund(s): Grant Fund 1067 Comments: NA RECOMMENDATION: Staff recommends appropriation of the grant from the Texas Department of Aging and Disability Services for the Senior Community Services, Title XIX and Title XX Meals on Wheels (MOW) Program. LIST OF SUPPORTING DOCUMENTS: Texas Department of Aging and Community Services Contract Amendment Ordinance Page 1 of 3 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $248,663.25 grant awarded by the Texas Department of Aging and Disability Services and appropriating in the No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Title XIX and Title XX Meals on Wheels Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept a $248,663.25 grant awarded by the Texas Department of Aging and Disability Services for the FY 2012 Senior Community Services, Title XIX and Title XX Meals on Wheels Program. Section 2. That the $248,663.25 grant from the Texas Department of Aging and Disability Services is appropriated into the No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Title XIX and Title XX Meals on Wheels Program. Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the 13th day of November, 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED TO ITS SECOND READING ON THIS THE 13th DAY OF NOVEMBER, 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor Page3of3 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of 2012. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Texas Department of Aging and Disability Services State of Texas County of Travis Community Services Contract Amendment Section 1. Contractor Information Form 3264 -A HDM T XX July 2011 Legal Name of Entity (Contractor) City of Corpus Christi Contract No. 167400 Contract Type CCAD HDM Doing Business As (dlb /a) Name, if applicable Senior Community Services Amendment No. 11-5 Region No. 11 Address of Contractor (street, city, state, ZIP) P.O. Box 9277, Corpus Christi, TX 78469 Waiver Contract Area Nueces Component Code HCS Section 2. Change Information This Amendment to the contract number referenced above (the "Contract ") is entered between the Department of Aging and Disability Services (Department) and the legal entity (Contractor) named above (Department and Contractor, collectively, the "parties," each, a "party "). The Department represents the Health and Human Services (HHSC), the Texas Medicaid agency, for any Medicaid services provided under this Contract. The Department, as the representative for HHSC, administers community services programs under Title XIX, including Section 1915(c); Title XX of the Social Security Act; and Title 2, Texas Human Resources Code. The parties agree to amend the Contract as follows: Check all applicable changes: ❑ The following ❑ counties ❑ MRAs are added to the contract referenced above. O The following ❑ counties ❑ MRAs are deleted from the contract referenced above. ❑ The list of covered counties in Section 3 of this amendment is adopted by the Department and the Contractor and represents the full listing of counties served as a result of this amendment. ❑ The attached Form 3691 -A, Service Area Designation, replaces and supersedes, in its entirety, the Contractor's previously submitted Form 3691 -A. ® Other: provide 50,, 235 units of-Title-XX Community Care for-the Aged and Disabled /Home Delivered Meals for October 1, 2011 through September 30, 2012 (budget period). The unit rate for each meal is $4.95, and the approved budget for the budget period is$248,663.25. The approved budget is reflected in the attached F0= 2029, Information Sheet, Purchase of Service Contract, which is incorporated into this amendment. The geographical area covered by this contract is Corpus Christi, Texas. ® The Home Delivered Meals provider will serve meals in alternate format (frozen, chilled or shelf- stable) and /or deliver on fewer than five days per week. The alternate delivery terms for the period October 1, 2011 through September 30, 2012 are described on the attached Home Delivered Meals FFY 2012 Waiver Description (Form 2027). ® The parties agree that the following provision is hereby added to Section III of the Contract (relating to Contractor Agreements) as though it were set out word -for- word -in the Contract: Contractor agrees to screen its employees and contractors to determine whether they have been excluded from participation in Medicare and state health care programs. Contractor agrees to search monthly the HHS- Office of the Inspector General (01G) and HHSC -01G List of Excluded Individuals /Entities (LEE) websites to capture exclusions and reinstatements that have occurred since the last search and to immediately report to the HHSC -DIG any exclusion information the contractor discovers. Exclusionary searches for prospective employees or contractors shall be performed prior to employment or contracting. Contractor also acknowledges and agrees that no Medicaid payments can be made for any items or services directed or prescribed by an excluded physician or other authorized person when the individual or entity furnishing the items or services either knew or should have known of the exclusion. This prohibition applies even when the Medicaid payment itself is made to another provider, practitioner or supplier that is not excluded. ® The following provision is added to the contract. The Contractor agrees: That in accordance with 42 CFR §455.23, the Department shall suspend ail Medicaid payments to the Contractor upon notification by HHSC -01G that a credible allegation of fraud under the Medicaid program is pending against the Contractor, unless the Department has good cause not to suspend the payments or to suspend the payments only in part. This Amendment is effective on October 1, 2011. The above- marked changes are adopted by the Department and the Contractor as an amendment to the above - referenced contract effective the date signed by the Department representative, unless otherwise indicated above. All other terms and conditions of the Contract and prior Amendments, if any, shall remain in effect and continue to govern except to the extent modified in this Amendment. Department of Aging and Disability Services Signature- Department Representative Date ign tore - Contractor presentative Date Paul T. Ebrom Michael Morris Name of Department Representative (Print or type) Name of Contractor Representative (Print or type) Community Services Regional Director Title of Department Representative (Print or type) Legal Approval Director, Parks and Recreation Title of Contractor Representative (Print or type) Texas Department of Aging and Disability Services Contract/Vendor Number 167400 SECTION 1— CONTRACTOR DATA Information Worksheet Purchase of Service Contract Form 2029 October 2002 Region Number 11 County Number 178 Legal Name City of Corpus Christi Contract Effective Date 10/01,11 Commonly Used Name (if different) Senior Community Services Contract Termination Date Open Ended Address (Street, City, State, Zip) P,O. Box 9277, Corpus Christi, TX 78469 Area Code and Telephone Number (361) - 880 -3150 Person Authorized to Sign Contract Michael Morris Title Director, Parks and Recreation Ownership ® Public ❑ Non - profit ❑ Profit Charter Number Employer ID Number 17460005741 Contract Person Elsa Munoz Title Superintendent Area Code and Telephone Number (361) - 880 -3150 SECTION II — SUMMARY OF PAYMENT (Enter estimated information in this section.) Effective Payment Dates Budget Name Budget Number Unit Rate Estimated Number Eligible Units Estimated Local Funds Estimated DADS f=unds Estimated Budget Amount 10/01111 - 09/30112 Title XX 01 $4.95 50,235 $0.00 $248,663.25 $248,663.25 Per month ® Per day • Per week • Per month ® Per day 0 Per week • 4. Unit of Service Meals 5. Units of Service to All Clients 50,235 6. Number of Units of Service to Eligible Clients 50,235 7, Geographical Area Served Nueces County (City of Corpus Chrsiti) 8. Goals (check all that apply) V ►1 I ® I1 • III ►a/ IV • 9. Basis of Payment ® Fixed Unit Rate Cost Reimbursement ❑ Schedule • Reimbursement • 10. Estimated Amount of Co -Pay (day care and family planning only): N/A Estimated Contract Total Percent of Contract $0.00 $248,663.25 $248,663,25 0 100% SECTION 11! — SERVICE Program Activity Name Long Term Care - Community Care for the Aged and Disabled Code 7 all that apply) SSI ❑ NPA Food Stamp Code 25 Service Activity Name Home Delivered Meals SECTION IV — CLIENT DATA 1. Client Categories to be Served (check all that apply) SSI ❑ NPA Food Stamp Recipient to Income ® MAO Income Eligible ® Current TANF ►a Current 0 Other Income Eligible • Without Regard • Ineligible 2. Total Number of Client to be Served 3, Number of Eligible Clients to be Served Per month ® Per day • Per week • Per month ® Per day 0 Per week • 4. Unit of Service Meals 5. Units of Service to All Clients 50,235 6. Number of Units of Service to Eligible Clients 50,235 7, Geographical Area Served Nueces County (City of Corpus Chrsiti) 8. Goals (check all that apply) V ►1 I ® I1 • III ►a/ IV • 9. Basis of Payment ® Fixed Unit Rate Cost Reimbursement ❑ Schedule • Reimbursement • 10. Estimated Amount of Co -Pay (day care and family planning only): N/A AGENDA MEMORANDUM Future Item or the City Council Meeting of November 13, 2012 Action Item for the City Council Meeting of November 20, 2012 DATE: October 26, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mo(c�cctexas. com 361- 826 -3494 Reduce number of members on Sister City Committee CAPTION: Ordinance to revise the membership of the Sister City Committee from 21 members to 15 members. PURPOSE: To reduce the number of members on the Sister City Committee from 21 to 15 members. Currently, there are 15 active members on the Sister City Committee. BACKGROUND AND FINDINGS: The Sister City Committee has reconsidered the number of members and determined that a fewer number would help in making quorum for their meetings. This change would not cause the removal of any current members. ALTERNATIVES: Do not lower the number of Sister City Committee members from 21 to 15. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City policy requires changes to the membership of a Board or Commission be approved by City Council. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE $ 0.00 Fund(s): n/a Comments: none RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 Ordinance to revise the membership of the Sister City Committee from 21 members to 15 members. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Code of Ordinances, Chapter 2, Administration , Article IV, Miscellaneous Boards, Commissions and Committees, Division 13, Sister City Committee, is amended to read as follows: "DIVISION 13. - SISTER CITY COMMITTEE sec. 2 -150. - Creation and general duties. There is hereby created an advisory committee to the city council to be known as the Corpus Christi Sister City Committee. It shall be the duty of the committee to study ways and means of improving relations with Corpus Christi sister cities and to advise and consult with and assist the mayor, the city council, the city manager and all other city agencies, beards and officials in accomplishing the purposes of the sister city program. In carrying out its program and duties, the committee shall: (1) Enlist the cooperation of all racial, religious, educational, community, civic, labor, fraternal and benevolent associations and all other groups, associations and societies and all constructive community forces and talents that would be helpful in discharging its duties; (2) Cooperate with federal, state and city agencies, citizens, citizens organizations, the local boards of education and parochial and private schools in formulating and developing courses of education and programs to stimulate the interest of the entire population in accomplishing the objectives of the committee; (3) Adopt rules for the transaction of business; (4) Receive all requests and instructions from the mayor and the city council relative to the committee's function established herein and respond if it may be thus requested or instructed; (5) Endeavor to coordinate the efforts of all cooperating groups in maintaining and developing sister city relations; (6) Cooperate with all state, regional and federal agencies in the implementation and conduct of sister city activities. 2 Sec. 2 -151. - Steering committee. The sister city committee shall consist of a steering committee and various subcommittees. The steering committee shall consist of twenty one (21) fifteen (15) members who shall be broadly representative of racial, religious and ethnic groups in the community. The members shall be appointed by the city council and shall serve three -year terms or until their successors are appointed and qualified. The steering committee shall be responsible for the overall administration and implementation for the city's sister city program. (Ord, No, 14291, § 1, 4-26-1978; Ord, No. 17748, § 5(m), 7-27-1983; Ord, No, 18961, § 1, 8-6-1985; Ord, No, 19474, § 1, 9-16-1986; Ord, No, 21045, § 1, 12-11-1990; Ord, No, 21236, § 1, 9 -10 -1991) Sec. 2 -152. - Subcommittee for each sister city. There shall be a subcommittee for each sister city authorized by resolution of the city council. The members of each such subcommittee shall be appointed by the steering committee except as provided for in section 2 -154 and shall consist of an equal number of members from the steering committee plus any number of members from the community at large as deemed necessary and sufficient by the steering committee. Each such subcommittee shall be responsible, under the direction of the steering committee, for primary study, liaison and recommendations for each sister city. (Ord, No. 14291, § 1, 4- 26- 1978, Ord, No, 17748, § 5(m), 7 -27 -1983) Sec. 2 -153. - Other subcommittees. The steering committee may appoint any other subcommittee as in its judgment will aid it in carrying out its duties. The steering committee shall determine the membership of each said subcommittee, its duties and chairman. The membership of each said subcommittee shall consist of members of the steering committee and, at the option of the steering committee, members from the community at large. (Ord, No, 14291, § 1, 4 -26 -1978, Ord, No, 17748, § 5(m), 7 -27 -1983) Sec. 2 -154. - Officers. The officers of the committee shall consist of a general chairman, vice chairman for each of the sister city subcommittees established in accordance with section 2 -152. The chairman and each vice - chairman shall be elected by majority vote of the sister city committee annually. If the general chairman is absent, a vice chairman shall be elected from the committee to serve as general chairman during his /her absence. (Ord, No. 14291, § 1, 4-26-1978; Ord, No, 17748, § 5(m), 7-27-1983; Ord, No, 19635, § 1, 2-17-1987; Ord, No, 23424, § 1, 8 -25 -1998) 3 Sec. 2 -155. - Minutes, etc. The steering committee shall keep minutes of its meetings and records of its activities and furnish copies of said minutes, to the mayor and city council within twenty (20) days of each committee meeting. It shall also furnish its records to the council at any time upon request. (Ord, No. 14291, § 1, 4-26-1978; Ord, No, 17748, § 5(m), 7-27-1983; Ord, No, 23424, § 1, 8 -25 -1998) Sec. 2 -156. - Funds. The steering committee is authorized to solicit and receive funds in the name of City of Corpus Christi with the funds to be used solely for the furtherance of the purposes of the steering committee. All funds received shall be deposited with the finance department of the city to be accounted for in a trust fund account entitled "Sister City Account." Disbursements out of the "Sister City Account" will be made upon written recommendation of the steering committee and approval of the director of park and recreation department with all such disbursements being in compliance with the City Charter and ordinances pertaining to the disbursement of city funds. (Ord, No, 14291, § 1, 4- 26- 1978, Ord, No, 17748, § 5(m), 7- 27- 1983, Ord, No, 23424, § 1, 8 -25 -1998) Secs. 2- 157 -2 -159. - Reserved. 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the 13th day of November, 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED TO ITS SECOND READING ON THIS THE 13th DAY OF NOVEMBER, 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2012. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 5 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2012 Action Item for the City Council Meeting of November 20, 2012 DATE: October 24, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Interlocal Agreement with TAMUCC for Community Needs Assessment CAPTION: Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with Texas A &M University- Corpus Christi regarding ongoing community needs assessment. PURPOSE: The Commission on Children and Youth is contracting with Dr. Phillip Rhoades of Texas A &M University — Corpus Christi to update the 2010 Data Collection Project a community needs assessment that track data that impacts the positive development of youth and families. BACKGROUND AND FINDINGS: In 2008, the Commission on Children and Youth adopted the National League of Cities' Platform format for Strengthening Families and improving Outcomes for Children and Youth and establish the essential platform component for sustained community effort to achieve the Platform's objectives. One of the objectives included the funding of the TAMUCC Social Science Research Center to complete ongoing community wide assessment for needs and assets, interpret the date and define priorities for youth and family programming. The initial assessment was completed in 2010. This interlocal allows for an update of the study and use by the Commission on Children and Youth. ALTERNATIVES: Do not approve the interlocal. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The City Council must approve all interlocal agreements with other agencies /institutions. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Commission of Children and Youth (via Parks and Recreation Department) Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: The contract for this interlocal will be paid through funds raised by the Parks Arts Leisure and Seniors (P.A.L.S.) Fund — 501(c)(3) non - profit corporation. RECOMMENDATION: Approve interlocal agreement with TAMUCC LIST OF SUPPORTING DOCUMENTS: Interlocal with TAMUCC Letter from PALS Fund Resolution Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with Texas A &M University- Corpus Christi regarding ongoing community needs assessment. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or City Manager's designee, is authorized to execute an Interlocal Agreement with Texas A &M University- Corpus Christi regarding ongoing community needs assessment. A copy of the Interlocal Agreement is attached and a fully signed copy shall be filed with the office of the City Secretary. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott •• INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A ::& M UNIVERSITY -- CORPUS CHRISTI. AND THE CITY OF CORPUS CHRISTI REGARDING ONGOING COMMUNITY NEEDS ASSESSMENTS WHEREAS, Texas: A .& M University Corpus Christi ( "TAMUCC ") and the City of Corpus Christi ( "City ') are authorized by Chapter 791 of the Texas Government Code; to enter into an interlooal cooperation contract; WHEREAS, 'in Resolution: 027467, the Corpus Christi City Council adopted the National League of Cities' `Platform format for Strengthening Families and Improving Outcomes for Children and Youth, and established the essential platform components for a sustained community effort to achieve the Platform's objectives; WHEREAS, the platform objectives :included the funding of the Texas AGSM University —__- Social° Rcience--Research Centeroor like-entlty -.to complete— on0oing community assessments for needs. and assets, interpret the data and define 'priorities; NOW THEREFORE, the parties hereto agree as follows: 1. PURPOSE. The purpose of this Agreement Is for TAMU -CC Social Science Research Center to. cornplete .ongoing community wide assessments for heeds and assets, interpret the data and define priorities as described in the Resolution No 027467. 2. STATEMENT OF WORK. TAMUCC agrees to perform all services as outlined Exhibit A, and projects that the City will receive all required reports and data described in Exhibit ,A, no later than August 31,. 2013. 3. PRINCIPALS. The work will be supervised by Philip W. Rhoades, Ph.D. Professor of Criminal Justice and Regents, Director of the Social Science Research Center. If, for any reason, he is unable to continue to serve, and a successor acceptable to both TAMUCC. and the City is not available, this agreement shall be terminated as provided herein. 4. PERIOD OF PERFORMANCE. The work described In Exhibit A shall be conducted through August 31., 201 or until all required reports and data have been accepted by the City, whichever date is earlier.. 5. PRICE AND PAYMENT. a, Funding for this project in the amount of $22,870.0.8 shall be provided by Parks, Arts, Leisure and::Senior Fund, Inc., pursuant to the attached letter marked Exhibit C. b. TAMUCC agrees to provide, additional funding for the completion of this .agreement up to Six thousand seventy -seven dollars and four cents, ($6,077.04). Page 1 of 8 c If -additional funds become available to either party, the City Asst. Director of Parks and Recreation and TAMUCC Director of Social Science Research Center may execute amendments to this Interlooal Agreement to utilize the additional funds for additional components of the community assessment. d, The Parties agree that all expenditures under this agreement shall be paid: with current revenues of the paying party. e. The parties acknowledge that continuation of this agreement beyond current fiscal year is subject to annual budget process and appropriation of funds. f. Invoices for compensation shall be submitted to the following address: City of Corpus Christi Attn. Reba George, Parks and Recreation. P.O. Box 9277 --- .._ - -- -Corpus Christi; TX,7784Bg4g277-- g. The initial budget for this contract is shown on Exhibit' B. 6.. DELIVERABLES. The deliverables required under this agreement are specified in the Exhibit A. The City retains ownership of all :deliverables provided under this Agreement. The City grants TAMUCC the right to utilize the deliverables provided under this Agreement for the purposes of research, ,instruction, and public education, with appropriate citation to the City of Corpus Christi as the initial funding source: TAMUCC Is authorized to freely distribute the deliverables at no cost to third, parties, to long as the deliverables are marked with following City of Corpus Christi .copyright iinformation on each page in size 12 font or .larger; "Copyright City of Corpus, Christi, Texas; All rights reserved:" 7. TERMINATIQN .Performance- under -this agreement may be •terminated by the. City with or without cause upon sixty days written notice. Performance may be terrninated by TAMUCC, if circumstances beyond its control preclude Continuation of the program. Upon termination without cause, TAMUCC will be reimbursed as specified- in Paragraph 5 .of all costs and non- cancelable: commitments Incurred in the performance of the program,;. that are reinbursabie under the Grant. 8 NOTICES. Ali :notices to parties, under this Agreement shall be in writing. and sent to the, names -and address :stated below: Either party to the Agreement may change the name and address by notice to the Other in accordance herewith, and any change shall take: effect immediately upon receipt of the notice, TAMUCC Texas A & M University - Corpus Christi 0300 Ocean Drive, #5853 Corpus Christi, TX., 78412 Attn: Dr; Philip' W. Rhoades, Director, Social Science Research Center Page 2 of 8 Telephone: 061) 825-2637 Fax: (361) 825-3762 CITY City of Corpus Christi Attn: Stacie Talbert, Assistant Director of Parks and Recreation P.O. Box 9277 Corpus Christi, TX., 78469 Telephone: (301) 826-3466 9. LIABILITY. It is understood that City shall not be liable for any claims against TANIUPQ, its employees, or third persons, other than City's employees, for damage resulting from or arising out of the activities of TAMUCC personnel under this Agreatirianto and TANIUCC agrees, to the extent permitted by Section 49, Article. 111 of the Constitution of the State of Texas, to hold City harmless from any -----antrati-clatras-;--Irisalso-understoodr-thatTAMUCC--vhali-n-ot-b-e-baidliablOiorany-- claims against 040 .0mployees, of damage reatfiting from or along out of activities of the City its employees, or third persons, than :TANIUCC _ olnplOyeet4 and City agrees, to the extent permitted by Section 49, Article 01 of the :Constitution of the State of Texas, to hold TAMUCC harmless from any and all 10. INDEPENDENT CONTRACTOR. For the purposes of the agreement and all services to be provided under this agreement, the parties shall be, and :shall be deemed to 'be, _ Independent Contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations or :commitments of any kind, or to take any action which shall be binding on the other party; except as may explicitly y provided • n.• • s;agreemen or auth writing. 11. AMENDMENTS AUTHORIZED. The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, such as changes in deadlinet,and -Minbr changes in the scope of work. 12. SEVERABILITY. If any of the provisions of the :agreement in the 'application thereof to any person or circumstance,. is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of the.:ProVISIOn to other persons or circumstances Shall not be affected thereby; but shall be enforced to the greatest extent by applicable law. The City and TAMUCC- agree that this -agreement shall be reformed to replace the :stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Page 3 of 8 11, DISPUTE RESOLUTION PROCESS. a, TO the extent applicable., the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code Will be used to resolve contract claims Under, this.00ntraot: • b...lf the Chapter 2280 procedures' utilized both parties agree that the TCEQ rnay`intervene in the proceedings as an interested party.. c.. The Director of Purchasing, TAMUCO, Is designated as the officer designated under ,§2260.O520 Texas Government :Code, to examine claims and counterclaims, negotiate, and resolve any'claims an behalf of TAMUCC. 14. 'VENUE. TAMUCC .acknowledges and agrees that .because this agreement . has been executed, and will be administered. in Nueces County, Texas, the :agreement is to be performed in Nueces County; TAMUCC acknowledges. and agrees. that any perrnissible- cause-ofactfon involving this - agreement will arise solely In-Nueces- County:- If a legal :action related to this claim is permissible and there are. two (2) or more counties of proper venue under the rules: of mandatory, general, or permissive venue, and one of the counties is Nueces; County, TAMUCC agrees to venue in Nueces County. This provision does not waive the City'ssovereign immunity, 15. MISCELLANEOUS. This agreement constitutes the entire: agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties, It shall be construed in accordance with the laws of the State of Texas, IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. Page 4 of 8 TEXAS A & M UNIVERSITY -- CORPUS CHRISTI ay: NT V C •!-; " resident es roh, Com ercialtaiton and Ow,- Date: Date: CITY OF CORPUS CHRISTI ATTEST Armando Chapa City Secretary APPROVED AS TO FORM: This 'day of , 2012 Lisa Aguilar Assistant City Attorney For City Attorney By: Page 5 of 8 • Ronald L. Olson City Manager •Exhibit A - Work to be Performed and Deliverables 1. The Riskfactor Data rile from the 2009-2010 CCY Data Project would be updated. r. 2, The Nueces County Data file from the 2009-2010 CCY Data Project would ,.,. be, odated, 3.. The PowerPoint slide file that reflects a three to five year linage of the data in items 1. and 2.-above would be updated. 4. The Data rile and PowerPoint file would be placed on appropriate Web- sites and would be available from: the S$RC on CD. 6. 'Where data areavailable,:they. would be colleCted by postal ,kip codes or by census blocks/tut0% i 6, The set of 7 - fact produced for the CCY Data Project 2009-2010 would be .updataci., Additional fact sheets would be produced as appropriate after consultation with the CCY 9 7,_._ Presentations would be available t000mmunityp_oup!.durinttthe project fear alid wailaIastip-Obited with fact theifs toward the latter part of the -- 1 prOject year. 8. The 2010 summary narratiVe,of limited scope will be updated from an analysis of the risk and protective factor data, 9. The 2010 summary narrative of limited scope will be produced from an analyels. of the Nueces County data file. •• 10..A narrative that describes the uses of the data and the projects products ' .:! will be created as either an addition to the narratives in 8 ',and 9 above or as a,separate:document. 11 -,All data Ales,: slide file, fact sheets, and reports would be available in electronic :form, on CD, and on the SSRO web-site. „ 12, Oral 'progress reports -would be made to the Commission at its meetings Dr. .P, Rhoades!. as Principle Investigator, would superVisathe project year round. Two (2) studentresearoh assistants would be hired, trained, and supervised to perform most Qtthe .day to day taske. The Project basupported bythe facilities and equipment of the Teas A&M Univeralty- Corpus Christi .Social Science. and Research Center. Page 6 of 8 Exhibit Budget Pt Rhoades (25 time summer) Fringe Research Assistant 1: 660 hours $12/hour Fringe Research Assistant 2: peo hours $12/hour Fringe - - - M&O, office supplies, telephone Indirect costs (.20 direct costs) TOTAL PALS. Furidt $0,30.40 $1;600:.00 $7,920.00 $ 182,72 $1,980,00 $ 45.68 $ 800.00 TAMUCC. Funds a7Q4 $ 3,811.68 $22,870.08 $6,077.04 PROJECT TOTAL: $28,947.12 Page 7 of 8 C--- Par 4$ Ads Allow mid 84010,9 (PALS) $1404 October 15, 2012 City of Corpus Christi 1201 Leopard Corpus Christi, Texas 78401 .M %bled: :Payment for Data Collection Project To who it may concern: The Parks Arts Leisure, and Seniors (p.A,Ls.):Fund will provide the $22,870.08 in funding for the data collodion projeot outlined inlhe . . „ . :11! agreement between the City of Corpus Chrlati..and the Social $blenaf) Research Center at Texas :AM University-Corpus Christi, P.A.L.S. Fund is :a 501(0)(3) as recognized by tlie Internal Revenue Code (Federal Tax ID number 74,2893345), Sincerely, ,idtj 00/.4 Michael.Motrik Director Parks and R,eoreation Department P41,80)t 92??, tiottOids d 19t1ias its PS469 PALO. Mod o otompt fro* Inipmio6ceatrio tioalloh801. (a)4140 Orttintut Revalimo collo ag oh Op.omikolloot 44isiffrf sge110,0,01 WO, . . • AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2012 Action Item for the City Council Meeting of November 20, 2012 DATE: TO: Ronald L. Olson, City Manager 10/26/2012 FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com; 826 -3464 Packery Channel Improvements Phase 2 - Parking and Overlooks Lighting Contract CAPTION: Motion approving a Contribution -In- Aid -Of- Construction Agreement with American Electric Power (AEP) in the amount of $ 67,114.70, for the installation of the Packery Channel Parking and Overlooks Lighting. PURPOSE: American Electric Power will install underground primary and secondary electrical distribution to serve seventeen (17) 250 watt high pressure sodium street lights along the Packery Channel Parking and Overlooks. The secondary electrical distribution will also provide electrical service to Packery Channel Overlooks. BACKGROUND AND FINDINGS: Lighting and electrical service to the Packery Channel area is being implemented in two phases. American Electric Power has been issued the notice to proceed and under construction, with the lighting contract for Phase I- Packery Channel Boat Ramp Parking Lot and Access Road. Phase 2 will provide lighting and electrical services to the new parking lot addition and overlooks. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Phase 2 lighting contract will begin immediately after Phase I construction is complete and approved. CONFORMITY TO CITY POLICY: This conforms to City policy for procurement of services. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Park & Recreation Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: `12 -13 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 2,806,200.00 80,000.00 2,886,200.00 Encumbered / Expended Amount 2,806,200.00 2,806,200.00 This item 67,114.70 67,114.70 BALANCE 0 12,885.30 12,885.30 Fund(s): Packery Channel TIF #2 Comments: None RECOMMENDATION: Staff Recommends approval of this motion as presented LIST OF SUPPORTING DOCUMENTS: Location Map AEP Contract AEP Lighting Design CITY OF CORPUS CHRISTI Service: Zahn Rd. & HWY 361 Mustang Island, TX Contract #: DWMS00000151388 AEP Texas Central Company Contribution -In- Aid -Of- Construction Agreement For Electric Distribution Service Work Request #: 45741340 Mailing: 1201 LEOPARD CORPUS CHRISTI, TX 78401 Date: 7/24/2012 You, CITY OF CORPUS CHRISTI (Customer) have requested AEP Texas Central Company (Company) to install /construct certain electric distribution facilities (hereinafter referred to as "Facilities ") as follows:INSTALL UNDERGROUND PRIMARY AND SECONDARY TO SERVE 17 250W HPS STREET LIGHTS FOR PACKERY CHANNEL PHASE 2 PARKING LOT The cost for construction /installation of the requested Facilities will be in excess of what would normally be provided by Company at no additional cost to the Customer to initiate service. In accordance with the Company's approved Tariff, as filed with the Public Utilities Commission of Texas, the Customer agrees to pay Company a one -time, non - refundable, Contribution -In- Aid -Of- Construction (CIAO) in the amount of 67,114.70. The Customer understands that he /she receives no ownership or control of the Facilities by virtue of the payment of the CIAO. The Facilities installed by the Company will remain the property of the Company. The Company expressly retains the right to use said Facilities for any purpose which Company deems appropriate under good utility practices, including the distribution of electric service to other customers. Company agrees to INSTALL FACILITIES TO PREMISES IDENTIFIED AT HWY 361 AND ZAHN ROAD, and the Customer agrees to provide THE AID TO CONSTRUCTION AMOUNT SPECIFIED ABOVE and to be ready to take electric service on or before 07/24/2012. It is understood and agreed that the Company will not begin construction /installation of the Facilities until full payment of the CIAO has been received by the Company; therefore, Customer understands and agrees that he /she needs to make full payment of the CIAO in sufficient time to allow for the construction /installation to be completed by the In Service Date. The pricing of the CIAO quoted herein is based on the specifics of the Customer's request, including the Customer's stated In Service Date, and must be accepted by the Customer by executing and returning to the Company this Agreement by 10/22/2012 to remain valid. Should Customer alter the request for facilities, or request a delay in (or is otherwise unable to take service by the stated In Service Date, the Company reserves the right to update the pricing and require an additional CIAO payment to reflect any increases in cost due to the alteration in requested facilities or the delay in taking service, or both. Nothing contained herein shall be construed as a waiver or relinquishment by Company of any right it has or may hereafter have to discontinue service for default in the payment of any bill owing or to become owing hereunder or for any reason or cause allowed by law. By signing and returning this Agreement, Customer understands and accepts the above described terms and conditions. Customer Company By By Signature: Signature: Title: Title: Date: Date: PLEASE » Please remit To: American Electric Power DETACH » Sandra Luna STUB » P.O. Box 2121 Corpus Christi, TX 78403 AND » Bill To: RETURN » CITY OF CORPUS CHRISTI 1201 LEOPARD WITH » CORPUS CHRISTI, TX 78401 PAYMENT » Contract No: DWMS00000151388 Date: 7/24/2012 Description INSTALL UNDERGROUND PRIMARY AND SECONDARY TO SERVE 17 250W HPS STREET LIGHTS FOR PACKERY CHANNEL PHASE 2 PARKING LOT Company No: 211 Contract No: DWMS00000151388 Customer No: 10010641 Date: 7/24/2012 Amount Due: 67,114.70 Amount Remitted: PRO FORMA Customer No: Purchase Order: Quantity UOM Init Amt Net Amount 1.0 EA 10010641 45741340 67,114.70 67,114.70 Amount Due: 67,114.70 PACKERY CHANNEL LIGHTING PHASE 2 PROJECT LOCATION 6RY ANNEL GULF OF MEXICO SCALE: N.T.S. SCALE: N.T.S. PACKERY CHANNEL LIGHTING PHASE 2 PROJECT LOCATION SUBJECT: PACKERY CHANNEL IMPROVEMENTS PHASE 2 PARKING & OVERLOOKS LIGHTING Traffic Engineering Div. Engineering Services Dept. COMMENTS: INSTALL 17 — 250W OH STLTS, 17 CONCRETE POLES, 1 — 25KVA XFMR, 3 SPLICE BOXES c 0 0 0 N r U1 6200001. NO3 a 4, cn J A C,4 0 S000Z0d0 0 m z 0 O n U O O D > z CO N U - 0 m Ni 0 c O c1 z x m W ca z cn :S3SVHd U O ri O -n N u1 O m 0 O c O 01 O 0 cn cnc C1 01 O A O c P1 m z 0 A m 0 m u1 r O z z 0 N O U Cn0 1 0 z O 0 J O \ \ \ WR# 45741340 \ , , WO# DCP \ ' \ MAN HRS: 191.45 CORPUS CHRISTI, TX \ \ i Corpus Christi ESI ID: ‘ \ I 2SOW - 10032789464002751 i \ \ \ , i , s \ i , 55332309 \ s —3— 3 35 F9 CONC DE3 3135 f 51599 \ \ 92-593„ -----59 5 3 \ 23 3,395,3„„ 1 52,35955025019 1 \ 9 '2„—m 3 _ 31-3592333 \ 25 3,3333 523033E533E333 , ' \ \ MATCHLINE SIA 5+60 '1. \ \ \ _ CONTINUED ON PAGE 2 ::::-.'N:,(,Nzi,1::NNZNN i .."-• „...." z /...- ,52155325525915 9 .5„95333 75 1 S \ ,...•'' „.../1 ,z, ..., / 1 1, ' 523953850233211 5„5" 5_55, IN933,„„ , 335 JOB NAME: CUSTOMER SERVICE—CI—NEW SERVICE — Puckery Channel Phase 2 STLT DATE REQUESTED: 7/23/2012 BUCKET TRUCK?: Y LOCATION: Zahn Road and US HWY 361 1COUNTY: NUECES DATE REQUIRED: 9/28/2012 TRUCK TO SITE?. . Y DIVISION: CP 1DISTRICT: 157 — CORPUS CHRISTI SOUTHSIDE 1 CREW HQ: 11737 — LIPAN EAST CONSTRUCTION 4 WD?: N AAACOI,AAI 0 0 z 0 v 0 ti A 0 a 0 z 0 0 c COMMENTS: INSTALL 17 — 250W OH STLTS, 17 CONCRETE POLES, 1 — 25KVA XFMR, 3 SPLICE BOXES c 0 0 rr CA 6200001. NO3 a VI J A w 0 S000Z0dD 0 W 0 n U DRAWN BY: PETER DUGGAN X3851 v z 3�ONIS :S3SVHd 0 0 m J U 8 f'1 ,09 = „L :IVDS 0 0 n 1 O c z P1 .. z O 1 O m u1 r O z z 0 N O O T1 O c z 0 CO A 0 J O 0 0 Z O v 157 — CORPUS CHRISTI SOUTHSIDE P1 O 11737 — LIPAN EAST CONSTRUCTION LOCATION: Zahn Road and US HWY 361 0 0 c m O 0 P1 m O c O P1 m m 1 0 n P1 u1 m 1 0 m 0 0 0 0 N -o 0 0 N u1 0 :031S3DO3N 31V0 a 0 z :E.31IS 01 NDf1N1 A ,NDf12i1 13NDf1B MATCHLINE STA 13 +25 CONTINUED FROM ABOVE p MATCHLINE STA 13 +25 CONTINUED BELOW AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2012 Action Item for the City Council Meeting of November 20, 2012 DATE: October 24, 2012 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826-3082 wesp@cctexas.com FROM: Emily Martinez (361) 882 -7448 emartinez@ccredc.com An amendment to the Type A Agreement for Rugged Cycles CAPTION: Resolution approving an amended business incentives agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Plant Bikes LLC ( "Rugged Cycles "), to provide a grant of up to $200,000 to purchase and improve a manufacturing facility in Corpus Christi and the creation and retention of jobs. PURPOSE: The amendment would allow Rugged Cycles to move to any facility within the city limits of the city. BACKGROUND AND FINDINGS: Rugged Cycles is a home grown small business that offers a chainless and airless tire bicycle for lease to large entities such as colleges or large industrial plants. Rugged Cycles will locate their headquarters here in downtown Corpus Christi. They will purchase their current building and create /retain 24 employees. This was approved by the Type A Board on April 16, 2012. The City Council approved the agreement on May 29, 2012. The original agreement is location specific to their current building. Rugged Cycles has been unable to come to terms with the owner of their current location. The amendment would allow Rugged Cycles to move to any facility within the city limits of the city. ALTERNATIVES: Rugged Cycles will relocate to a city where they have a contract. CONFORMITY TO CITY POLICY: This project is in line with the City's stated goal of increasing training opportunities for local residents to obtain jobs in local industries. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Type A Board FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Type A funds have already been appropriated. RECOMMENDATION: Staff recommends approval of the amendment for Rugged Cycles to change the agreement to any location in Corpus Christi city limits LIST OF SUPPORTING DOCUMENTS: Amended Business Incentive Agreement Resolution FIRST AMENDED BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND PLANT BIKES, LLC FOR THE RETENTION AND CREATION OF JOBS This First Amended Business Incentive Agreement for Capital Investments and the Creation and Retention of Jobs ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Plant Bikes LLC ("Rugged Cycles"), a Texas for profit limited liability corporation. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009-2011 on November 17, 2009; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, the Board, on November 9, 2010, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, the City Council approved the Corporation's amended Guidelines and criteria for Granting Business Incentives on November 9, 2010; WHEREAS, Section 501.073, Texas Local Government Code, formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Page 1 of 9 Amd Bus Incentive Agmt Rugged Cycles 8-30-12 Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, Rugged Cycles has its headquarters located in Corpus Christi and it assembles bicycles in Corpus Christi. Rugged Cycles sales and leases the bicycles to large companies and colleges for their employees and/or students; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Rugged Cycles, through this Agreement with Rugged Cycles, to be used by Rugged Cycles to purchase a manufacturing facility in Corpus Christi and will be used in the creation of up to 3 new full-time permanent jobs in the City of Corpus Christi and the retention of 11existing time jobs with an estimated annual average salary of $47,000, and in the creation of 2 new part-time permanent jobs in the City of Corpus Christi and the retention of 8 existing part-time jobs with an estimated annual average salary of $30,000. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Rugged Cycles agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date') is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the effective date. 3. Performance Requirements and Grants. The Performance Requirements and Grants are listed in Exhibit A, which is attached to and incorporated into this Agreement. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full-time permanent job is defined in the Type A Guidelines. c. Rugged Cycles agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. d. Rugged Cycles agrees to provide Corporation with a sworn certificate by authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. e. Rugged Cycles shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. Page 2 of 9 1 5t Amd Bus Incentive Agrnt Rugged Cycles 8-30-12 5. Buy Local Provision. a. Rugged Cycles agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 6. Warranties. Rugged Cycles warrants and represents to Corporation the following: a. Rugged Cycles is a limited liability company duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. B. Rugged Cycles has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Rugged Cycles has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Rugged Cycles has received a copy of the Texas Development Corporation Act, Subtitle C1, Title 12, Texas Local Government Code, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of Rugged Cycles are duly authorized to execute this Agreement on behalf of Rugged Cycles. 7. Compliance with Laws. Rugged Cycles shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non-Discrimination. Rugged Cycles covenants and agrees that Rugged Cycles will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Rugged Cycles are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or Page 3 of 9 1" Amd Bus incentive Agmt Rugged Cycles -30-12 regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Rugged Cycles are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Rugged Cycles may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Indemnity. Rugged Cycles covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Rugged Cycles activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Rugged Cycles must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 12. Events of Default by Rugged Cycles. The following events constitute a default of this Agreement by Rugged Cycles: a. The Corporation or City determines that any representation or warranty on behalf of Rugged Cycles contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Rugged Cycles or any attachment or other levy against the property of Rugged Cycles with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Rugged Cycles makes an assignment for the benefit of creditors, Page 4 of 9 1'1Amd Bus Incentive Agmt Rugged Cycles 8-30-12 d. Rugged Cycles files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Rugged Cycles become delinquent, and Rugged Cycles fails to timely and properly follow the legal procedures for protest or contest. f. Rugged Cycles changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 13. Notice of Default. Should the Corporation or City determine that Rugged Cycles is in default according to the terms of this Agreement, the Corporation or City shall notify Rugged Cycles in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Rugged Cycles to cure the event of default. 14. Results of Uncured Default by Rugged Cycles. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Rugged Cycles, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Rugged Cycles shall immediately repay all funds paid by Corporation to them under this Agreement. b. Rugged Cycles shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Rugged Cycles of all sums due, the Corporation and Rugged Cycles shall have no further obligations to one another under this Ag reement. d. Neither the City, the Corporation, nor Rugged Cycles may be held liable for any consequential damages. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Rugged Cycles default may not be considered an estoppel against the Corporation. Page 5 of 9 Amd Bus Incentive Agmt Rugged Cycles 8-30-12 d. It is expressly understood that if at any time Rugged Cycles is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. Rugged Cycles specifically agrees that Corporation shall only be liable to Rugged Cycles for the actual amount of the money grants to be conveyed to Rugged Cycles, and shall not be liable to Rugged Cycles for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Rugged Cycles to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Rugged Cycles: Rugged Cycles Attn: Vince Denais 401 South Water Street Corpus Christi, Texas 78401 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: Page 6 of 9 ts' Arnd Bus Incentive Agmt Rugged Cycles -30-12 City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Rugged Cycles will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Page 7 of 9 151 Arnd Bus ncentive Agmt Rugged Cycles 8-3D12 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Rugged Cycles. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Robert Tamez President Armando Chapa Assistant Secretary Plant Bikes, LLC By: Vince Denais President THE STATE OF TEXAS Page 8 of 9 1' Amd Bus Incentive Agmt Rugged Cycles 8-30-12 COUNTY OF NUECES This instrument was acknowledged before me on c_12-$6-er / a.. , 2012, by Vince Dertais, President, for Rugged Cycles, a for profit limited liability company, on behalf of the Plant Bikes, LLC. State o Texas Page 9 of 9 1 Amd Bus Incentive Agmt Rugged Cycles 8-30-12 MARY JANE YBAR80 N Wary Pub IIC STATE OF TEXAS My Comm Exp. 11.13-2012 -sr -sr EXHIBIT A PERFORMANCE MEASURES AND CORPORATION GRANTS 1. Rugged Cycles shall retain 11 full-time and 8 part-time jobs and create up to 3 new full-time and up to 2 new part-time jobs, with an average annual salary of $47,000 for a full-time job and $30,000 for a part-time job a. The company will receive a total of $70,000 for employees. That is $49,000 for full-time positions up to 14 positions or $3,500 per full time job and $21,000 for part time jobs up to 10 jobs or $2,100 per part time job. b. The Company may request payment for the positions it has created/retained on the anniversary of the effective date each year. The maximum payout for a year is $25,000 for the employee portion of the grant. c, If Rugged Cycles purchases a building in the city limits of Corpus Christi, the Corporation will award a grant to the company of $130,000 within 60 days from the date Rugged Cycles closes on, and invests at least $1 million in, a property in Corpus Christi as evidenced by the executed closing documents. If the total cost of the building is less than $1 million, Rugged Cycles will receive the proportionate amount. For example if the building costs $500,000 it would receive half of the grant or $65,000. 2. If after receiving payment for employees, Rugged Cycles does not retain the position, the company will be required to repay to the Corporation the amount of the grant equal to the positions lost. A-1 First Amendment Business Incentive Agreement Rugged Cycles 10 01 12,docx Page 1 of 2 Resolution Approving an amended business incentives agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Plant Bikes LLC ( "Rugged Cycles "), to provide a grant of up to $200,000 to purchase and improve a manufacturing facility in Corpus Christi and the creation and retention of jobs. WHEREAS, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ( "City "). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Rugged Cycles to purchase and improve a manufacturing facility in Corpus Christi and the creation and retention of jobs, will best satisfy this goal; WHEREAS, City Council deems that it is in the best interest of the City and citizens to approve the business incentives agreement to purchase and improve a manufacturing facility in Corpus Christi and the creation and retention of jobs between the Type A Corporation and Rugged Cycles; WHEREAS, City Council formerly approved a business incentives agreement between the Type A Corporation and Rugged Cycles to purchase and improve Rugged Cycles' existing location in Corpus Christi on May 29, 2012 by Resolution # 029490, which is now amended to allow for Rugged Cycles' purchase and improvement of a facility at any location in Corpus Christi, not a specific location. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the amended business incentives agreement for the creation and retention of jobs between the Type A Corporation and Rugged Cycles, which is attached to this resolution as Exhibit A, is approved. This resolution takes effect upon City Council approval on this the day of , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0017_3_Resolution - Rugged Cycles Amd 8 -30 -12 Nelda Martinez Mayor Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott 0017_3_Resolution - Rugged Cycles Amd 8 -30 -12 Page 2of2 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2012 Action Item for the City Council Meeting of November 20, 2012 DATE: October 24, 2012 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826-3082 wesp@cctexas.com FROM: Emily Martinez (361) 882 -7448 emartinezl@ccredc.com Nominating Valero Refining- Texas, L.P. as a Double Jumbo Texas Enterprise Zone Project CAPTION: Approving a resolution nominating Valero Refining- Texas, L.P. ( "Valero ") to the Office of the Governor Economic Development & Tourism ( "EDT ") through the Economic Development Bank ( "Bank ") as a double jumbo enterprise project pursuant to the Texas Enterprise Zone Act ( "Act) PURPOSE: Nominate Valero as a double jumbo Texas Enterprise Zone project and make them eligible for State sales tax rebates for investments and retention of employees. BACKGROUND AND FINDINGS: Under State Law, the Office of the Governor - Economic Development and Tourism Division through the Texas Economic Development Bank administers the Texas Enterprise Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, the purpose of the program is to encourage job creation and retention and capital investment in areas of economic distress. The 78th legislature amended the act to increase participation in the program, decrease paperwork and streamline the process. Under the amended act, communities are no longer required to submit an application and fee to create an enterprise zone; designation of an enterprise zone is automatic based on decennial figures. Areas designated as enterprise zones include census block groups with 20 percent poverty and areas federally designated as Renewal Communities. Previously designated enterprise zones will be designated until their expiration, after which the area would need to meet the 20 percent poverty guideline. A project seeking designation as a Texas Enterprise Zone Project still must seek nomination from the governing body to the Office of the Governor for consideration and designation. A designated project located in the Texas Enterprise Zone must agree to hire at least 25 percent of its employees from the enterprise zone or economically disadvantaged groups and in return will receive a refund of sales and use tax (SUT) paid to the Office of the Comptroller. This project is located within an Enterprise Zone. The program allows a refund of $2,500 for each job created or retained. If investment levels are adequate, the local nominating governing body may nominate a project as a Double or Triple Jumbo Project designation, increasing the value per job created or retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project can receive a rebate of up to $2.5 million, and a triple jumbo project can receive a rebate of up to $3.75 million. The maximum refund that a business may receive is for 500 employees. If a company has more than 500 employees it can request a designation to receive rebates for those employees over 500. To do this they must have another investment over and above the original designation. State Law allows each participating community with a population less than 250,000 to nominate up to six projects per biennium and communities with a population more than 250,000 to nominate up to nine projects per biennium. Since City of Corpus Christi's population exceeds the 250,000 threshold, up to nine projects can receive designation during this biennium. A double jumbo project assumes two of the number of projects allowable and a triple assumes three. Thus far, the City has nominated one business, TPCO Americas Corporation for this biennium for a triple jumbo. The State awarded TPCO only a single slot due to the highly competitive nature of this incentive. This nomination will use two of the City's eight remaining nominations of local businesses. The City of Corpus Christi has nominated a number of projects in the past including the Valero, Bay Ltd, CITGO, Stripes, Flint Hills Resources, and TPCO. To date, the designated enterprise zone projects have resulted in at least $2.278 billion in investment in Corpus Christi. This local capital investment represents a significant portion of all of the combined capital investment made in enterprise zones across the state. Valero currently owns and operates an integrated refinery in Corpus Christi, known as the Bill Greehey Complex, which is actually two plants. The West Plant is considered one of the most complex refineries in the world and specializes in the production of environmentally clean fuels and products, primarily RFG and ultra -low- sulfur diesel. The East Plant, located less than a mile from the West Plant, is capable of processing heavy, high - sulfur crude oil into light products, asphalt and petroleum coke. Combined, the East and West plant facilities have a total feedstock throughput capacity of about 325,000 BPD. Valero estimates that over the next five years, it will make capital expenditures of approximately $200 million to upgrade and repair its Corpus Christi refinery complex. Planned investment projects include firewater system upgrades at the East and West plants, major tank repairs and replacements, plant -wide HVAC system upgrades, and a new boiler project at the West Plant. These investments, among others, will increase efficiency and allow Valero to maintain the refinery's current throughput capacity and uphold its targeted market position. Additionally, Valero expects to maintain the existing level of employment at its Corpus Christi refinery complex. This capital investment and retention of jobs represent the basis for this double jumbo enterprise project nomination. ALTERNATIVES: Due to State statute no other entity can be the nominating authority. The City can choose not to nominate the company. OTHER CONSIDERATIONS: Corpus Christi has nine designations for the current biennium and has used only one for TPCO. CONFORMITY TO CITY POLICY: This conforms to City policy of promoting economic development, attracting primary jobs to the area, and is regional in scope. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: This incentive is paid out of the State's portion of the sales tax and does not affect City funds. RECOMMENDATION: Staff recommends approval of the Resolution to nominate Valero Refining — Texas, L.P. as a double jumbo Enterprise Project, as presented. LIST OF SUPPORTING DOCUMENTS: Nominating Resolution Copy of Ordinance No. 025513 Page 1 of 3 Resolution nominating Valero Refining ( "Valero ") to the Office of the Governor Economic Development & Tourism ( "EDT ") through the Economic Development Bank ( "Bank ") as a double jumbo enterprise project pursuant to the Texas Enterprise Zone Act ( "Act "). WHEREAS, the City of Corpus Christi ( "City ") has previously passed on October 14, 2003, Ordinance No. 025513 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this Resolution are the same on this date as were outlined in Ordinance No. 025513; WHEREAS, the EDT through the Bank will consider VALERO as a double jumbo enterprise project pursuant to a nomination and an application made by the City; WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; WHEREAS, pursuant to the Act, VALERO has applied to the City for designation as a double jumbo enterprise project; and WHEREAS, the City finds that VALERO, located at 5900 Up River Road, Corpus Christi, Texas 78409, meets the criteria for designation as a double jumbo enterprise project under the Act on the following grounds: 1. VALERO is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site located in an enterprise zone and at least twenty -five percent (25.0 %) of the business' new employees will be residents of an enterprise zone or economically disadvantaged individuals; 2. VALERO is located in an enterprise zone, which is in Census Tract 63, Block Group 1, as defined by the most recent federal decennial census available at the time of designation, in which at least 20 percent of the residents of the block group have an income at or below 100 percent of the federal poverty level; 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 4. The designation of VALERO as a double jumbo enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area; WHEREAS, the City finds that VALERO meets the criteria for tax relief and other incentives adopted by the City and nominates VALERO for double jumbo enterprise project status on the grounds that it will be located at a qualified business site and will create a higher level of employment, economic activity, and stability; and Page 2 of 3 WHEREAS, the City finds that it is in the best interest of the City to nominate VALERO as a double jumbo enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED 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 Resolution taken at the council meeting on November 20, 2012, are hereby approved and adopted. SECTION 2. That VALERO is a "qualified business" as defined in Section 2303.402 of the Act and meets the criteria for designation as a double jumbo enterprise project as set forth in the Act. SECTION 3. That the enterprise project shall take effect on the date of designation of the enterprise project by the EDT and terminate five years after the date of designation. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor Page 3 of 3 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 1 of 5 AN ORDINANCE AUTHORIZING THE CITY OF CORPUS CHRISTI TO PARTICIPATE IN THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT); PROVIDING TAX INCENTIVES; REQUESTING THAT CORPUS CHRISTI 2000 ENTERPRISE ZONE REMAIN IN EFFECT; NOMINATING CITGO REFINING AND CHEMICALS COMPANY, L. P. TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) FOR DESIGNATION AS A QUALIFIED BUSINESS AND TRIPLE JUMBO ENTERPRISE PROJECT (PROJECT) UNDER THE ACT; DESIGNATING A LIAISON FOR OVERSEEING ENTERPRISE PROJECTS AND COMMUNICATING WITH INTERESTED PARTIES; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi, Texas ( "Corpus Christi ") desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in severely distressed areas of the City and to provide employment to residents of those areas; WHEREAS, the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, as amended, (the "Act ") authorizes the designation of enterprise projects within an enterprise zone (or, if the requirements of Section 2303.402 (a) (2) of the Act are met, within an area that does not qualify as an enterprise zone); Whereas, under the 2003 amendments to the Act, the Act is now administered by The Office Of The Governor Economic Development & Tourism (EDT) through the Texas Economic Development Bank (Bank); Whereas, the City has a previously- designated enterprise zone, Corpus Christi 2000 Enterprise Zone, approved by EDT's predecessor agency, the Texas Department of Economic Development, on January 9, 1998, and scheduled under the Act (before the 2003 amendments) to expire on September 1, 2005; and the City requests that this Enterprise Zone remain in effect indefinitely, as authorized by Section 2303.109 of the amended Act, so long as the area qualifies under the amended Act; WHEREAS, with proper notice to the public, a public hearing to consider this ordinance was held on Tuesday, October 14, 2003, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and i:ILEG -DI R \DoyleD. Curtis \MYDOCS120031Economic. DevelopmlEnterpri. seZone1100803DC. Nominati. ngClTGO.Project.Ord. doc 025513 Page 2 of 5 WHEREAS, the City Council has determined that passage of this ordinance would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City is authorized to participate in the Texas Enterprise Zone Program under the 2003 amendments to the Act. As required by Section 2303.4051 (b) of the Act, the City's local incentives available in each area within an enterprise zone and in each area not in an enterprise zone are identified and summarized briefly in the attached Exhibit A; and at least one of the local incentives is unique to the enterprise zone area. The City is in full compliance with the Act. SECTION 2. The City finds that the City has a previously - designated enterprise zone, Corpus Christi 2000 Enterprise Zone ( "Enterprise Zone "), approved by EDT's predecessor agency, on January 9, 1998, and scheduled under the Act (before the 2003 amendments) to expire on September 1, 2005; and the City requests that this Enterprise Zone remain in effect indefinitely, as authorized by Section 2303.109 of the amended Act, so long as the area qualifies under the amended Act. SECTION 3. The City finds that CITGO REFINING AND CHEMICALS COMPANY, L.P (CITGO), or its successor in interest, meets the criteria for designation as an enterprise project under the Act on the following grounds: (a) CITGO is located in the Enterprise Zone and CITGO is a "qualified business" under Section 2303.402 of the Act because CITGO is engaged in the active conduct of a trade or business in the Enterprise Zone and at least twenty -five (25 %) percent of its new employees in the Enterprise Zone are residents of an enterprise zone in this state or economically disadvantaged individuals; (b) According to the 2000 Census, the CITGO business facility is located in Census Tract 6, Block Group 1 (88% poverty) and Census Tract 50, Block Group 1 (37% poverty). These two Block Groups exceed the 20% poverty level described in Section 2303.101 of the Act. Therefore, these two block Groups automatically qualify for designation as an enterprise zone; (c) The CITGO project is qualified under Section 2303.404 of the Act because (1) it involves an expansion, renovation, or new construction "; (2) it will be completed within a predetermined period not to exceed five years; and (3) the CITGO subsidiary maintains separate books and records for the Corpus Christi refinery operations; (d) There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the jurisdiction of the City of Corpus Christi; i :1L E G- D I R1D oyi e D . C u rt i s1MY D O C 5120031E co nom i c. Devel op m\E nterp ri . seZon e1100803 DC. N o m i n ati . ngC ITG O. P roject.O rd , doc Page3of5 (e) The designation of CITGO as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area in which the enterprise project will be located; (f) and CITGO qualifies for job retention benefits under Section 2303.406 (a) (4) (G) because CITGO is both adding a new business line or product and deleting or decreasing an existing business line or product; and the designation will prevent CITGO's net production capacity from decreasing and will result in the retention of at least 500 existing jobs. SECTION 4. The City finds that CITGO qualifies as a Triple Jumbo Enterprise Project as defined in Section 2303.407 (b) (6) and Section 2303.407 (d) of the Act because CITGO will be making a capital investment in a project in excess of $250,000,000. The City finds that it is in the best interest of the City to nominate CITGO as a Triple Jumbo Enterprise Project under the Act. SECTION 5. The City finds that CITGO meets the criteria for tax relief and other incentives adopted by the City and hereby nominates CITGO as a Triple Jumbo Enterprise Project in accordance with the Act on the grounds that it will be located wholly within the Enterprise Zone, and will create a higher level of employment, economic activity and stability. As required by Section 2303.4051 (c) (2) of the Act, the City's local incentives, including tax incentives, that , at the election of the City Council, are or will be made available to CITGO, the nominated project, are identified and summarized briefly in the attached Exhibit B. SECTION 6. The City designates the City Manager or his designee as liaison to oversee enterprise projects nominated by the City and to perform the other duties described in Section 2303.204 of the Act. The City authorizes the City Manager or his designee to file an application requesting designation of CITGO as a Triple Jumbo Enterprise Project with the Texas Economic Development Bank (Bank), and to execute all documents and agreements necessary to process the application. Further, the City directs the City Manager or his designee to submit to the Bank the information required by section 2303.4052 of the Act and to execute all documents and agreements necessary for the City to participate in the Texas Enterprise Zone Program under the 2003 amendments to the Act. SECTION 7. Upon approval of the Bank, the Triple Jumbo Enterprise Project will be named CITGO- CORPUS CHRISTI Project. SECTION 8. The Enterprise Project designation must be for a predetermined designation period approved by the Bank, with a beginning date and ending date for the Project; and the designation period for the Project may not exceed five (5) years from date on which the designation is made, as required by Section 2303.404 of the Act. CITGO and the City request that the Bank approve January 1, 2004, as the beginning date and December 31, 2008, as the ending date of the Project. t:1LEG -DI R\ DoyleD .CurtisIMYDOCS12o031Economic. Developm \Enterpri.seZone1100803DC. Nomi nati. ngC ITGO. Project.Ord.doc Page 4 of 5 SECTION 9. The enterprise zone areas within the City are reinvestment zones in accordance with the Texas Tax Code, Chapter 312. SECTION 10. The Corpus Christi areas that meet the 2003 requirements in Section 2303.101 of the Act for automatic qualification for designation as an enterprise zone are shown in the attached Exhibit C. SECTION 11. Upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 14th day of October, 2003. Armando Chapa THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Ch isti A: OVEDA: Oc •ber20 1111 1110: Doyle D `i urtis Chief, A•ministrative Law Section Senior Assistant City Attorney For City Attorney t:\ LEG- DIR1DoyieD. Curtis \MYDOCS120031Economic. Developm \Enterpri.seZone1100803DC. Nominati .ngCITGO.Project.Ord.doc Corpus Christi, Texas t LI day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 2003. Page 5 of 5 For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully Respectfully, Samuel L. eal, Jr., M The City of Corpus Chri Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper 044/ Henry Garret a.1/P William Kelly OLVP Rex A. Kinnison a.(/P Jesse Noyola C'"" 0`— Mark Scott s 1:I LEG- DIRIDoyIeD. Curtis\ MYDOCS120031Economic. Developm\ Enterpri. seZone1100803DC. Nominati .ngCITGO.Project.Ord.doc Page 1 of 2 Exhibit A Incentives offered by the City of Corpus Christi +:1 LEG- DIR \DoyleD .Curtis \MYDOCS120031Economic. Developm \Enterpri.seZone1100803PG. RevDC.ExhibitA.ToOrd.doc Name of Incentive Description of Incentive Availability 1. Business and Job Development Corporation business incentives As approved by the Board — funds for loan participation, guarantees, direct low interest loans, rent subsidies, relocation, moving expenses, job training According to investment As approved by Business and Job Development Corporation. As approved by City Council 2. Tax Abatement 3. Section 108 Loan Guarantee Loan Guarantee Benefiting low income individuals, eliminating slum and blight or addressing an immediate need 4. Community Development Block Grant Grant Funds Benefiting low income individuals, eliminating slum and blight or addressing an immediate need 5. Department of Commerce — Economic Development Administration Grant for Public Works Grant Funds Citywide 6. Environmental Clean up costs deduction Deduct costs of environmental clean up Citywide 7. Tax Exempt Revenue Bonds Bonds Citywide 8. Environmental Clean- up Costs Deduct qualified clean up costs Citywide 9. HUB Zone CTS 59, 56.02, 8, 17, 16.02, 16.01, 9, 15, 10, 13, 12, 50, 7, 11, 5, 4, 3) 10 Welfare to Work Wage Credit Credit of up to $8,500 per employee Employee must be certified through the State of Texas +:1 LEG- DIR \DoyleD .Curtis \MYDOCS120031Economic. Developm \Enterpri.seZone1100803PG. RevDC.ExhibitA.ToOrd.doc Page 2 of 2 11 Work Opportunity Wage Credit Credit up to $2,400 per employee Employee must be certified through the State of Texas 12 New Markets Tax Credit Credit of up to 39% to investors In census tracts with 20% poverty or greater Texas Enterprise Zone Texas Enterprise Zone 13 Authorize the City Manager to engage in certain public /private partnerships with proposed enterprise zone projects for purposes of offering incentives unique to the proposal. Expeditor 14 Enterprise Zone Expeditor 15 Enterprise Zone Signage Program Signage Texas Enterprise Zone 16 Industrial District Payment in lieu of taxes Texas Enterprise Zone — Industrial District 17 Corpus Christi Foreign Trade Zone #122 Not subject to Customs duties or certain excise taxes. Texas Enterprise Zone - Port of Corpus Christi 18 Increased Section 179 Deduction Deduct additional $35,000 on machinery and equipment Texas Enterprise Zone — Renewal Community 19 Renewal Community Commercial Revitalization Deduction Depreciate 50% of the total qualifying expenditure in the first year the building is placed in service or depreciate over 120 months. Texas Enterprise Zone — Renewal Community 20 Renewal Community Wage Credit Credit of up to $1,500 per employee Exclusion from Capital Gains Texas Enterprise Zone — Renewal Community Texas Enterprise Zone — Renewal Community 21 Zero Percent Capital Gains 1:1 LEG- DIR1DoyleD. Curtis \MYDOCS120031Economic. Developm\ Enterpri. seZone1100803PG .RevDC.ExhibitA.ToOrd.doc Page 1 of 1 Exhibit B Incentives that may be considered and offered by the City of Corpus Christi to Nominated Texas Enterprise Zone Projects 1:\ LEG- DIRIDoyIeD Curtis\ MYDOCS120031Economic. Developm\ Enterpri. seZone1100803PG .RevDC.ExhibitB.ToOrd.doc Name of Incentive Description of Incentive Availability 1) Authorize the City Manager to engage in certain public /private partnerships with proposed enterprise zone projects for purposes of offering incentives unique to the proposal. Texas Enterprise Zone 2) Enterprise Zone Expeditor Expeditor Texas Enterprise Zone 3) Enterprise Zone Signage Program Signage Texas Enterprise Zone 4) Industrial District Contract for Payment in lieu of taxes Texas Enterprise Zone — Industrial District 5) Corpus Christi Foreign trade Zone #122 Not subject to Customs duties or certain excise taxes. Texas Enterprise Zone - Port of Corpus Christi 6) Increased Section 179 Deduction Deduct additional $35,000 on machinery and equipment Texas Enterprise Zone- Renewal Community Texas Enterprise Zone- Renewal Community 7) Renewal Community Commercial Revitalization Deduction Depreciate 50% of the total qualifying expenditure in the first year the building is placed in service or depreciate over 120 months. 8) Renewal Community Wage Credit Credit of up to $1,500 per employee Texas Enterprise Zone- Renewal Community 9) Zero Percent Capital Gains Zero Percent Capital Gains Texas Enterprise Zone- Renewal Community 1:\ LEG- DIRIDoyIeD Curtis\ MYDOCS120031Economic. Developm\ Enterpri. seZone1100803PG .RevDC.ExhibitB.ToOrd.doc Page 1 of 3 Exhibit C Corpus Christi Areas meeting the 2003 Requirements for Texas Enter rise Zone (Sections 2303.101 and 2303.109 Census Tract 1 (See note at end of chart) Block Group 1 Designation Renewal Community (expires 12109) 1 (See note at end of chart) 1 Texas Enterprise Zone (expires 9/05) 3 1 Census block group with 20% poverty or greater 3 2 Census block group with 20% poverty or greater 3 1, 2 Renewal Community (expires 12/09) 3 1, 2 _ Texas Enterprise Zone (expires 9/05) 4 1 Census block group with 20% poverty or greater 4 2 Census block group with 20% poverty or greater 4 3 Census block group with 20% poverty or greater 4 1, 2, 3 Renewal Community (expires 12/09) 4 1, 2, 3 Texas Enterprise Zone (expires 9/05) 5 1 Census block group with 20% poverty or greater 5 1 Texas Enterprise Zone (expires 9/05) 6 1 Census block group with 20% poverty or greater 6 3 Census block group with 20% poverty or greater 6 4 Census block group with 20% poverty or greater 6 5 Census block group with 20 %poverty or greater 6 (See note at end of chart) 1, 2, 3, 4, 5, 6, 7, 8 Texas Enterprise Zone (expires 9/05) 7 1 Census block group with 20% poverty or greater 7 1 Texas Enterprise Zone (expires 9/05) 7 (See note at end of chart) 2 Texas Enterprise Zone (expires 9/05) 7 3 Census block group with 20% poverty or greater 8 1 Census block group with 20% poverty or Ereater 8 1 Texas Enterprise Zone (expires 9/05) 8 (See note at end of chart) 2 Texas Enterprise Zone (expires 9/05) 8 3 Census block group with 20% poverty or greater 8 3 Texas Enterprise Zone (expires 9/05) 9 1 Census block group with 20% poverty or greater 9 2 Census block group with 20% poverty or greater 9 3 Census block group with 20% poverty or greater 9 4 Census block group with 20% poverty or greater 9 5 Census block group with 20% poverty or greater 10 1 Census block group with 20% poverty or greater 10 2 Census block group with 20% poverty or greater 10 3 Census block group with 20% poverty or greater 10 4 Census block group with 20% poverty or greater 10 1, 2, 3, 4 Renewal Community (expires 12/09) 10 1, 2, 3, 4 Texas Enterprise Zone (expires 9/05) 11 1 Census block group with 20% poverty or greater 11 2 Census block group with 20% poverty or greater 11 1, 2 Renewal Community (expires 12109) 11 1, 2 Texas Enterprise Zone (expires 9/05) 12 1 Census block grouup with 20% poverty or greater 12 1 Texas Enterprise Zone (expires 9/05) 12 2 Census block group with 20% poverty or greater 12 2 Texas Enterprise Zone (expires 9/05) 12 3 Census block group with 20% poverty or greater 12 3 Texas Enterprise Zone (expires 9/05) 13 1 Census block group with 20% poverty or greater 13 2 Census block group with 20% poverty or greater 13 3 Census block group with 20% poverty or greater 13 4 Census block grouup with 20% poverty or greater 1 :1 LEG -D I RIDoy IeD. Curtis \M Y DOC S120031Economi c. Deve lopm \Ente rp ri. seZo ne1100803PG. Rev DC. ExhibitC.ToO rd.doc Page 2 of 3 14 2 Census block group with 20% poverty or greater 15 1 Census block group with 20% poverty or greater 15 2 Census block group with 20% poverty or greater 15 3 Census block group with 20% poverty or greater 15 4 Census block group with 20% poverty or greater 16.01 1 Census block group with 20% poverty or greater 16.01 2 Census block group with 20% poverty or greater 16.01 3 Census block group with 20% poverty or greater 16.01 4 Census block group with 20% poverty or greater 16.02 1 Census block group with 20% poverty or greater 16.02 2 Census block group with 20% poverty or greater 16.02 3 Census block group with 20% poverty or greater 17 1 Texas Enterprise Zone (expires 9105) 17 2 Census block group with 20% poverty or greater 17 2 Texas Enterprise Zone (expires 9/05) 17 3 Texas Enterprise Zone (expires 9/05) 17 4 Census block group with 20% poverty or greater 17 5 Census block group with 20% poverty or greater 17 6 Census block group with 20% poverty or greater 17 7 Census block group with 20% poverty or greater 17 7 Texas Enterprise Zone (expires 9/05) 18.01 1 Census block group with 20% poverty or greater 18.01 4 Census block group with 20% poverty or greater 18.01 4 Texas Enterprise Zone (expires 9/05) 18.01 5 Census block group with 20% poverty or greater 18.01 5 Texas Enterprise Zone (expires 9/05) 18.02 1 Census block group with 20% poverty or greater 19.01 3 Census block group with 20% poverty or greater 19.01 4 Census block group with 20% poverty or greater 19.01 5 Census block group with 20% poverty or greater 19.01 6 Census block group with 20% poverty or greater 19.01 7 Census block group with 20% poverty or greater 19.02 1 Census block group with 20% poverty or greater 19.02 2 Census block group with 20% poverty or greater 20 1 Census block group with 20% poverty or greater 20 3 Census block group with 20% poverty or greater 20 5 Census block group with 20% poverty or greater 20 6 Census block group with 20% poverty or greater 20 7 Census block group with 20% poverty or greater 21 4 Census block group with 20% poverty or greater 21 5 Census block group with 20% poverty or greater 22 2 Census block group with 20% poverty or greater 22 4 Census block group with 20% poverty or greater 23.01 2 Census block group with 20% poverty or greater 27.03 4 Census block group with 20% poverty or greater 30 2 Census block group with 20% poverty or greater 30 3 Census block group with 20% poverty or greater 30 4 Census block group with 20% poverty or greater 31 7 Census block group with 20% poverty or greater 33.01 1 Census block group with 20% poverty or greater 33.02 2 Census block group with 20 %poverty or greater 34.01 1 Census block group with 20% poverty or greater 34.02 3 Census block group with 20% poverty or greater 35 2 Census block group with 20% poverty or greater 36.01 4 Census block group with 20% poverty or greater 36.02 2 Census block group with 20% poverty or greater 36.03 3 Census block group with 20% poverty or greater i:I LEG -0IRIDoyIeD. Curtis \MYDOCS120031Economic. Developm1 Enterpri. seZone1100803PG .RevDC.ExhibitC.ToOrd.doc Page 3 of 3 50 1 Census block group with 20% poverty or greater 50 (See note at end of chart) 2 (place 9999) Texas Enterprise Zone (expires 9105) 54.06 1 Census block group with 20% poverty or greater 56.01 3 Census block group with 20% poverty or greater 56.01 4 Census block group with 20% poverty or greater 56.01 5 Census block group with 20% poverty or greater 56.02 1 Census block group with 20% poverty or greater 56.02 2 Census block group with 20% poverty or greater 56.02 3 Census block group with 20% poverty or greater 56.02 5 Census block group with 20% poverty or greater 56.02 6 Census block group with 20% poverty or greater 56.02 7 Census block group with 20% poverty or greater 58.02 1 Census block group with 20% poverty or greater 59 1 Census block group with 20% poverty or greater 59 2 Census block group with 20% poverty or greater Note: A Census Tract marked "(See note at end of chart)" denotes an area that upon expiration of the designation will be subject to the 20% poverty rule for continuation in the Texas Enterprise Zone (numbers in bold italics [1, 2, 3, 4, 5, 6, 7, 8] indicate the affected block groups in the census tract). t:1LEG- DIR1DoyleD .Curtis \MYDOCS120031Economic. Developm \Enterpri.seZone1100803PG .RevDC.ExhibitC.ToOrd.doc State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 4703557 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Manager of 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, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times and on the World Wide Web on the Caller -Times Interactive on the 20TH day(s) of OCTOBER, 2003. $120.55 TWO (2 ) Time(s) Credit Manager Subscribed and sworn to me on the date of OCTOBER 21, 2003. c.JA Aory2,<J Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Christi Caller - Times, Monday, October 20, 2003/D0 OTICE OF PASSAGE OF ORDINANCE NO. 025513 Ordinance authorizing the City of Corpus Christi to participate in the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (Act); providing tax incentives; requesting that Corpus Christi 2000 Enterprise Zone remain in effect; nominating CITGO I Refining and Chemicals Company, L.P. to the Office of the Governor Economic Development and Tourism (EDT) through the Economic I Development Bank I (Bank) for designation as a Qualified k Business and Triple Jumbo Enterprise Proj- ect (Project) under the Act; and designating a liaison for overseeing Enterprise Projects and communicating with interested parties. This ordinance was passed and approved by the City Council of the City of Corpus Christi on October 14, 2003. !s! Armando Chapa City Secretary City of Corpus Christi AGENDA MEMORANDUM Future Item for the City Council Meeting of Nov. 13, 2012 Action Item for the City Council Meeting of Nov. 20, 2012 DATE: October 18, 2012 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826-3932 A resolution adopting the portions of the Coastal Bend Mitigation Action Plan that pertains to the City of Corpus Christi. CAPTION: Resolution adopting the portions of the Coastal Bend Mitigation Action Plan that pertains to the City of Corpus Christi which were developed with the Coastal Bend Council of Governments and Appointing the City Manager or his designee to act as the City's hazard mitigation coordinator. PURPOSE: The purpose of the "Coastal Bend Mitigation Action Plan (CBMAP) is to reduce losses from natural hazards, including by not limited to, hurricane winds, flooding, and drought, over the long term. BACKGROUND AND FINDINGS: A pre- disaster mitigation plan with goals have been developed to: • reduce loss of life and injury; • reduce disruptions to essential public services and infrastructure; • reduce economic impacts to the community and its residents; and • reduce losses to civic, cultural and environmental resources. Specific objectives have been developed for each goal, and both short and long term activities and projects identified and evaluated. The CBMAP also includes project descriptions, regional disaster history, and risk assessments for a variety of natural hazards. A list of the projects that pertain to the City of Corpus Christi is attached. A mitigation plan that meets federal requirements must be adopted by local jurisdictions to maintain eligibility for certain federal grant programs administered by the Federal Emergency Management Agency (FEMA) and the Texas Governor's Division of Emergency Management (GDEM). The City Manager or his designee will serve as the City's Hazard Mitigation Coordinator. The Hazard Mitigation Coordinator will have the responsibility, authority and means to: • inform all concerned parties of this action, • ensure that the Plan is reviewed at least annually, and after every significant natural disaster affecting the City, and • collect and maintain records necessary to update the Plan on a five -year revision cycle. Furthermore, the City of Corpus Christi shall ensure that the mitigation strategy is reviewed, and where appropriate, incorporated into other land use and planning mechanisms to the extent permitted under the law of the Constitution of the State of Texas. ALTERNATIVES: None OTHER CONSIDERATIONS: No applicable. CONFORMITY TO CITY POLICY: Council approval of Resolution to adopt the Coastal Bend Mitigation Action Plan developed with the Coastal Bend Council of Governments. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of Resolution to adopt portions of the Coastal Bend Mitigation Action Plan that pertains to the City of Corpus Christi which were developed with the Coastal Bend Council of Governments. LIST OF SUPPORTING DOCUMENTS: Resolution Project list Resolution Adopting the portions of the Coastal Bend Mitigation Action Plan that pertain to the City of Corpus Christi which were developed with the Coastal Bend Council of Governments and Appointing the City Manager or his designee to act as the City's hazard mitigation coordinator WHEREAS, the City of Corpus Christi is subject to hurricanes, flooding, drought and other natural disasters having the potential to cause damage to people, property and the natural environment, and desires to reduce future losses from such events; and, WHEREAS, under the Disaster Mitigation Act of 2000 FEMA requires local jurisdictions have in place a FEMA- approved Hazard Mitigation Plan as a condition of receipt future federal mitigation assistance funding; and, WHEREAS, the City of Corpus Christi has entered into the Coastal Bend Mitigation Action Plan (CBMAP) inter -local cooperative agreement with other jurisdictions within a seven county region for the purpose of developing the plan; and, WHEREAS, the strategy set forth in the CBMAP must be implemented, monitored and evaluated in the future; and, WHEREAS, the members of the Coastal Bend Council of Governments have adopted resolution number 2567A, wherein providing administrative and technical support services necessary for future updates to the CBMAP, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. That those portions of the Plan entitled "Coastal Bend Mitigation Action Plan" that pertain to the City of Corpus Christi be adopted. Section 2. That the City Manager or his designee shall serve as the City's Hazard Mitigation Coordinator, be vested with the responsibility, authority, and the means to: a. Inform all concerned parties of this action b. Ensure the CBMAP is reviewed at least annually and after every significant natural disaster affecting the city, c. Collect and maintain records necessary to update the CBMAP on a five year revision cycle. Section 3. That to the extent permitted under the laws and the Constitution of the State of Texas, the City of Corpus Christi shall ensure that the mitigation strategy is review, and where appropriate, incorporated into other land use and planning mechanisms. Section 4. That the City Council agrees to take such other official action as may reasonably be necessary to carry out the objectives of the CBMAP. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Coastal Bend Mitigation Action Plan Projects within the City of Corpus Christi Project # Project Description NU -18 Major Outfall Upgrade Phase I. Description/Background: A periodic inspection of over 71,400 linear feet (13.5 miles) of storm water runoff conveyance lines during mid -2003 indicated that some sections of the lines needed upgrade. The structural integrity and functionality of these outfall lines are critical in preventing flooding and in improving water quality. There are eight major storm water outfalls that convey storm water runoff into Corpus Christi Bay. The purpose of this action is to perform needed upgrade along sections of the major outfalls. NU -19 Major Outfall Upgrade Phase 11.3 Description/Background: A periodic inspection of over 71,400 linear feet (13.5 miles) of storm water runoff conveyance lines during mid -2003 indicated that that two of the eight major outfalls needed replacement. The structural integrity and functionality of these outfall lines are critical in preventing flooding and in improving water quality. The purpose of this is to upgrade the two outfalls: Brawner Proctor, and Gollihar. Outfall upgrades under Phase II has been re- scoped and has been included in the adopted Capital Improvement Plan for FYI 12 -13. NU -20 Major Drainage Channel Improvements. Description/Background: The purpose of this action is to mitigate erosion and other damages to major drainage channels as a result of a heavy rain or other severe weather. A number of earthen ditches throughout the City have steep side slope (2:1) which makes them more prone to erosion of stream beds and slopes during a prolonged and intense rain event. In order to make improvements which will stabilize the slopes and stream beds of major channels, an allocation of funds is earmarked for this to be utilized on a priority basis on those ditches where erosion and slope failures becomes a serious and critical problem. This will include some or all the following: shaping, grading, flattening side slopes, seeding, adding concrete flumes or lined channels, adding storm water appurtenances such as inlets, pipes, and some minor right -of- way acquisitions as necessary. NU -21 Obtain Drainage Rights of Way. Description/Background: Having adequate and available drainage ROW is critical to developing drainage infrastructure to meet the demand for orderly growth and development within the City. Adequate ROW helps to prevent/minimize flooding, helps to facilitate maintenance, and allows potential for improving quality of storm water runoff The purpose of this is to provide funding for acquiring right -of -way (ROW) where needed in order to implement drainage problem solutions, such as ditch widening, erosion control, extending storm sewers, providing easements, etc. During design, it is often required that additional ROW is provided for implementation. NU -22 Upgrade Flood Control Pumps at Power St. Pump Station. Description/ Background: Flooding in the downtown area is a frequently recurring event, and a major concern for both citizens and businesses. In addition to a variety of private businesses, several local and federal public facilities are located within this area. The existing pumps date from 1948 and are outdated and subject to failure. Upgrading the pumps will minimize the potential of a future catastrophic failure. NU -23 Flood Map Modernization Program /CTP Community. Description/Background: The Federal Emergency Management Agency's Multi - Hazard Flood Map Modernization Program will update and digitize flood hazard maps across the nation. The majority of the City of Corpus Christi's FIRMS are nearly 20 years old. It is for the safety of the City and its residents for the maps, which determine flood insurance premiums, to be accurate and up -to -date. FEMA has notified the City by letter regarding the flood mapping effort. A key FEMA strategy is to form local partnerships for this purpose under the Cooperating Technical Partners program to leverage local resources. In addition to preparation for the contractor visit, the City will implement becoming a CTP partner. NU -24 Enhance Community Rating System (CRS) Rating. Multiple mitigation objectives as well as Objective 3.2 related to increasing participation in available insurance options. NU -26 Emergency Generators for Oso Waste Water Treatment Facility. Description/ Background: The existing Oso Wastewater Treatment Plant facility depends entirely on outside utility power sources. In the event of power outages, wastewater treatment is not possible. Emergency power generating systems on site would help to ensure that the facility remains in operation during power outages, and protect public health and welfare. Design of the emergency power systems is currently underway. NU -27 Flood Proof 4 Lift Stations at Oso Waste Water Treatment Facility. Description/ Background: The Oso Treatment Plant is situated in a location subject to flooding from coastal inundation. The wastewater lift stations are also vulnerable to flooding. The proposed improvements include structural elevation and /or the installation of dikes, berms and other flood control devices. NU -33 Elevate Power Transfer Switch at Police Dept. HQ. Description/Background: The Police Headquarters building is located in an area of downtown Corpus Christi that is vulnerable to street flooding. The automatic generator transfer switch is presently located in a control room on the ground floor of the building. If the switch is damaged due to flooding, the Police Headquarters building, the 9- 1-1 call taking/dispatch function, and the Metro -Com emergency alert and notification systems would be without electrical power, even if the auxiliary generator was undamaged. NU -34 Uninterruptible Power Supply System for Emergency Operations Center (EOC). Description/Background: Install an Uninterruptible Power Supply (UPS) system compatible with the existing auxiliary generator which provides emergency power to the Emergency Operations Center (EOC) and alternate 9 -1 -1 call center /dispatch function. A UPS system designed to work with the auxiliary generator, would ensure that computers in the EOC and alternate 9 -1 -1 center would not lose functionality during the transition to backup power. NU -49 Prevent Erosion of Sunfish Island. Description/Background: Coastal erosion in Corpus Christi Bay is very high and if stabilization is not done soon, the entire island may erode away and would have to be rebuilt (or abandoned). Sunfish Island is an important bird sanctuary in the Corpus Christi area. An alternatives analysis and engineering design were conducted for Sunfish Island during CEPRA Cycle 2. Construction could not be done due to restrictions during bird nesting season. NU -50 Prevent Erosion at Cole Park. Description/Background: Prevention of further erosion of shoreline at Cole Park on Corpus Christi Bay through installation of groins and /or breakwaters. Cole Park is a high use park in Corpus Christi. The area behind the bulkhead is eroding and needs to be retrofitted. NU -51 Community Wildfire Risk Assessment. Nueces County OEM, Emergency Service District (ESD) 1, 2, 3, 4, 5, Corpus Christi Fire Department, and Corpus Christi Naval Airs Station Fire and Emergency Services. Description/Background: Conduct a Community Wildfire Risk Assessment for Nueces County to evaluate public safety and property vulnerabilities and to examine fire response resources. Develop a Community Wildfire Protection Plan in cooperation with the local fire departments to Create and implement defensible area around structures and non combustible construction ordinances. The County is geographically diverse and has a substantial urban /rural interface with heavy fuel loads making portions of the county highly susceptible to potentially catastrophic wildfires. Additionally, the County experiences drought or near drought conditions almost annually and is placed under numerous red flag condition warnings by the National Weather Service. The 2008 wildfire season was very challenging for fire departments throughout the region. There were numerous very large wildfires in Nueces County with the potential to cause millions of dollars in property loses and had a great potential for loss of life. The Laureles Fire in the Laureles Division of the King Ranch threatened thousands of homes on the south side of Corpus Christi and required Texas Military Forces support with UH -60 helicopters conducting water drops under the direction of the Texas Forest Services and the then Governor's Division of Emergency Management. Several additional large fires threatened residents living on North Padre Island near the National Seashore. The light dry fuels and high winds created extremely dangerous firefighting conditions. NU -52 Community Wildfire Protection Plan. Nueces County OEM, Emergency Service District (ESD) 1, 2, 3, 4, 5, Corpus Christi Fire Department, and Corpus Christi Naval Airs Station Fire and Emergency Services. Description/Background: Develop a Community Wildfire Protection Plan in cooperation with the local fire departments to Create and implement defensible space around structures and non combustible construction ordinances. The County is geographically diverse and has a substantial urban /rural interface with heavy fuel loads making portions of the county highly susceptible to potentially catastrophic wildfires. Additionally, the County experiences drought or near drought conditions almost annually and is placed under numerous red flag condition warnings by the National Weather Service. The 2008 wildfire season was very challenging for fire departments throughout the region. There were numerous very large wildfires in Nueces County with the potential to cause millions of dollars in property loses and had a great potential for loss of life. The Laureles Fire in the Laureles Division of the King Ranch threatened thousands of homes on the south side of Corpus Christi and required Texas Military Forces support with UH -60 helicopters conducting water drops under the direction of the Texas Forest Services and the then Governor's Division of Emergency Management. Several additional large fires threatened residents living on North Padre Island near the National Seashore. The light dry fuels and high winds created extremely dangerous firefighting conditions. NU -73 Implement Flood Plain Ordinance. Description/Background: Create and implement city ordinance to require a 2' elevation above the current freeboard requirement. This action will help to reduce the flooding on development in all flood prone areas including minimal flood prone areas. The City of Corpus Christi Flood Damage Prevention Ordinance is enforced to comply with the requirements of the NFIP and to minimize the threat to life and property resulting from flooding. AGENDA MEMORANDUM Future Item for the City Council Meeting of Nov. 13, 2012 Action Item for the City Council Meeting of Nov. 20, 2012 DATE: October 29, 2012 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826-3932 Ratifying the submission of a grant application for a FEMA 2012 Community Resilience Innovation Challenge Grant. CAPTION: Resolution ratifying the submission of a grant application for FEMA 2012 Community Resilience Innovation Challenge Grant in the amount of $35,000.00 to combine emergency management studies and plans to develop a training lesson deliverable by businesses, colleges, and local schools through human resources including the City's HR department, new student orientations, and business continuity training classes. PURPOSE: The grant will be used to develop a training curriculum that will train businesses and residents to prepare for, respond to and recover from emergency situations in our community. BACKGROUND AND FINDINGS: The City has prepared for many hazards by planning and organizing functions of operations but the majority of businesses and citizens are unaware of the proper procedures in our community, despite educational efforts. In order to address the educational needs of our community the Emergency Management Department has applied for a grant to assist with funding an all hazards training lesson plan for the City of Corpus Christi. The curriculum will combine valuable information from City emergency plans, procedures, and basic preparedness. This lesson will detail local hazards, vulnerabilities and consequences for not following proper procedures. This material can be utilized by the City's Human Resources Department, area businesses, and schools to assist in educating our citizens on local hazards and functions of operations. No matching funds are required. ALTERNATIVES: None OTHER CONSIDERATIONS: None applicable. CONFORMITY TO CITY POLICY: Council approval needed to apply for grant. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 0 0 0 BALANCE 0 0 0 0 Fund(s): Comments: None RECOMMENDATION: Council approval of Resolution to ratify the submission of a grant application for a FEMA 2012 Community Resilience Innovation Challenge Grant. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Ratifying the submission of a grant application for FEMA 2012 Community Resilience Innovation Challenge Grant in the amount of $35,000.00 to combine emergency management studies and plans to develop a training lesson deliverable by businesses, colleges, and local schools through human resources including the City's HR department, new student orientations, and business continuity training classes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS SECTION 1. That the execution of documents by the City Manager or designee necessary to submit a grant application for FEMA 2012 Community Resilience Innovation Challenge Grant in the amount of $35,000.00 to combine emergency management studies and plans to develop a training lesson deliverable by businesses, colleges, and local schools through human resources including the City's HR department, new student orientations, and business continuity training classes is hereby ratified and approved. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2012 Action Item for the City Council Meeting of November 20, 2012 DATE: TO: October 27, 2012 Ronald L. Olson, City Manager THRU: Eddie Ortega, Director EddieO(ccctexas. com 826.3224 FROM: Rudy Bentancourt, CD Administrator RudyB @cctexas.com 826.3021 Motion to Ratify the Emergency Solutions Grant Program FY2012 -13 to August 1, 2012 CAPTION: Motion ratifying the FY2012 -13 Emergency Solutions Grant Program funding agreements to be effective August 1, 2012. PURPOSE: On April 24, 2012 City Council adopted the FY2012 -13 Consolidated Annual Action Plan (CAAP) which included the Emergency Solutions Grant (ESG) Program. This action also authorized the City Manager or designee to execute all documents and funding agreements. The total amount allocated to the ESG Program for FY2012 -13 is $264,533. Attached is a list of those projects in which City Council adopted on April 24, 2012. BACKGROUND AND FINDINGS: All ESG agreements have been executed with the awarded sub - recipient agencies and this motion will allow the agreements to be ratified to August 1, 2012, which is the beginning of the fiscal year. ESG FY2011 received an allocation amount of $148,436. ESG FY2011 -12 also received a one- time second allocation of $83,495. The total amount for both ESG FY2011 -12 allocations totals to $231,931. Neighborhood Services will be taking this second allocation to City Council in December 2012 for acceptance and appropriation once funding agreements have been created. ALTERNATIVES: "Not Applicable" OTHER CONSIDERATIONS: "Not Applicable" CONFORMITY TO CITY POLICY: Council approval is required for motion to ratify funding agreements. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends the approval to ratify funding agreements to be effective August 1, 2012 in which case funds can begin to be drawn for eligible expenses. LIST OF SUPPORTING DOCUMENTS: ESG Program Recipients Emergency Solutions Grant Program FY2012 -13 Awarded Agencies Below are a list of recipients which have been awarded FY2012 -13 ESG funding Catholic Charities of Corpus Christi $20,000 Charlie's Place $15,000 Corpus Christi Hope House $15,000 Corpus Christi Metro Ministries $60,000 Mary McLeod Bethune Day Nursery $13,000 Recovery Contacts, Inc. $15,000 S. Tx. Substance Abuse Recovery Services $10,000 The Salvation Army $56,694 Timon's Ministries $10,000 Wesley Community Center $15,000 Women's Shelter of South Texas $15,000 $244,694 *Total ESG Allocation = $264,533; ESG City Administrative Cost = $19,839