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Agenda Packet City Council - 10/27/2015
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, October 27, 2015 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Dr. Bob Eckert. C. Pledge of Allegiance to the Flag of the United States to be led by Arlene Medrano, Executive Assistant to Assistant City Manager, General Government and Operations Support (to be followed by related comments by Pastor Rick Milby). D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-1225 Proclamation declaring October 28, 2015, "HELP Hits the High Notes Day". Proclamation declaring November 5, 2015, "International Project Management Day". Proclamation declaring November 6, 2015, "Texas Arbor Day". Proclamation declaring November 7, 2015, "Face to Face Coastal Bend Walk for Memory". Proclamation declaring November 9-14, 2015, "The 240th Marine Corps Birthday Week". Corpus Christi Page 1 Printed on 10/26/2015 City Council Meeting Agenda - Final October 27, 2015 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER H. MINUTES: 2. 15-1227 Regular Meeting of October 20, 2015 Attachments: Minutes - October 20, 2015.pdf I. BOARD & COMMITTEE APPOINTMENTS: (ITEM 3) 3. 15-1240 Ad Hoc Residential Street Infrastructure Advisory Committee Attachments: Ad Hoc Residential Street Infrastructure Advisory Committee.pdf J. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. Corpus Christi Page 2 Printed on 10/26/2015 City Council Meeting Agenda - Final October 27, 2015 K. CONSENT AGENDA: (ITEMS 4 - 23) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 15-1087 Interlocal Agreement for Latchkey Program at Calallen ISD Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Calallen Independent School District for continued operation of the City Latchkey Program at Calallen ISD. Attachments: Agenda Memo - Calallen ISD Latchkey Interlocal Resolution - Calallen ISD for Latchkey Program Agreement - Calallen ISD Latchkey Interlocal Cooperation Agreement 5. 15-0892 Design -Build Agreement for the Signs/Signals Operations - New Shop and Office Facility (Bond 2012) Project Motion authorizing the City Manager, or designee, to execute a Design -Build Agreement with Fulton Coastcon General Contractors of Corpus Christi, Texas in the amount of $2,280,000 for the Signs/Signals Operations - New Shop and Office Project for the Base Bid plus Additive Alternate Nos.1 and 2. Attachments: Signs Signals - Agenda Memo Project Budget - Signs Signals Ops New Shop and Office.xlsx Location Map - Signs Signals Ops New Shop Office Facility.pdf Presentation - Signs Signals Shop 6. 15-0979 Professional Monitoring Contract for Packery Channel Monitoring for Fiscal Year 2015-2016 Motion authorizing the City Manager, or designee to renew the yearly contract for Packery Channel Monitoring for Fiscal Year 2015-2016 by executing Amendment No. 11 between the City of Corpus Christi and Texas A & M University -Corpus Christi in the amount of $350,703.00. Attachments: Agenda Memo - Packery Channel Monitoring Project Budget - Packery Channel Monitoring 15-16.xlsx Contract - Packery Channel Monitoring 15-16.pdf Location Map - Packery Channel Monitoring 15-16.pdf Presentation - Packery Channel Monitoring 15-16.pptx 7. 15-1097 Work plan and budget agreement with Nueces River Authority for Corpus Christi Page 3 Printed on 10/26/2015 City Council Meeting Agenda - Final October 27, 2015 FY 2015-2016 Motion authorizing the City Manager or designee to execute a work plan and budget agreement with the Nueces River Authority in the amount of $99,996 to provide water planning, protection, development, and data management services to the City of Corpus Christi for FY 2016. Attachments: Agenda Memo - Nueces River Authority Project Budget - Nueces River Authority.xls Agreement - Nueces River Authority.pdf Presentation - Nueces River Authority 8. 15-1098 Engineering Design Contract adding repairs for existing lift station locations Motion authorizing the City Manager, or designee, to add repairs at eight existing lift station locations to an engineering design contract by executing Amendment No. 2 with Urban Engineering of Corpus Christi, Texas in the amount of $164,100 for a total restated fee not to exceed $210,340 for the Lift Station Repairs - Citywide for engineering design services and support services in Bid and Construction phases. Attachments: Agenda Memo - Lift Station Repairs Project Budget - Lift Station Repairs.xls Location Map - Lift Station Repairs.pdf Contract - Lift Station Repairs.pdf Presentation - Lift Station Repairs 9. 15-1161 Certification of 2015 Tax Levy Motion approving the 2015 Property Tax Levy of $108,611,685.39 based on the adopted property tax rate of $0.606264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. Attachments: Agenda Memo - Certification of 2015 Tax Levy.doc 2015 Certified Tax Levy.pdf 10. 15-1148 Second Reading Ordinance - Rezoning property located at 3101 Up River Road (1st Reading 10/20/15) Case No. 0815-04 Cheryl McLaughlin & Hatch, LLC: A change of zoning from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District. The property is described as being a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called Corpus Christi Page 4 Printed on 10/26/2015 City Council Meeting Agenda - Final October 27, 2015 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas, located at 3101 Up River Road between Westgate Drive and Palm Drive. Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Cheryl McLaughlin & Hatch, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Texas Geo Tech Engineering Ordinance - Texas Geo Tech Engineering Zoning Report - Texas Geo Tech Engineering Location Map - Texas Geo Tech Engineering (Hatch RV Park) 11. 15-1149 Second Reading Ordinance - Rezoning property located at 15205 Northwest Boulevard (FM 624) (1st Reading 10/20/15) Case No. 0915-01 Al Development, Inc.: A change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. The property is described as being a 14.25 acre tract of land out of a 91.594 acre tract of land as recorded in Document Number 2012050691, Deed Records of Nueces County, Texas, located approximately 260 feet south of Northwest Boulevard (FM 624) between CR 73 and FM 1889. Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. Corpus Christi Page 5 Printed on 10/26/2015 City Council Meeting Agenda - Final October 27, 2015 Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Al Development, Inc. ("Owner") by changing the UDC Zoning Map in reference to a 14.25 acre tract of land out of a 91.594 acre tract of land as recorded in Document Number 2012050691, Deed Records of Nueces County, Texas, from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Al Development Ordinance - Al Development, Inc. Zoning Report - Al Development, Inc. Location Map - Al Development 12. 15-1150 Second Reading Ordinance - Rezoning property located at 1528, 1536, 1548, and 1604 Rhew Road (1st Reading 10/20/15) Case No. 0915-02 D.L. Johnson: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit, not resulting in a change to the Future Land Use Map. The property is described as Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street. Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to nine conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by D.L. Johnson ("Owner"), by changing the UDC Zoning Map in reference to Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - D.L. Johnson Ordinance - D.L. Johnson Zoning Report - D.L. Johnson Location Map - D.L. Johnson 13. 15-1152 Second Reading Ordinance - Rezoning property located at 4625 Whataburger Way (1st Reading 10/20/15) Case No. 0915-03 TWF Partners, LLC: A change of zoning from the Corpus Christi Page 6 Printed on 10/26/2015 City Council Meeting Agenda - Final October 27, 2015 "RM -1" Multifamily 1 District to the "ON" Office District, resulting in a change to the Future Land Use Map from medium density residential to professional office uses. The property is described as Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way. Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "ON" Office District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by TWF Partners, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 11-D, Block 4, Parkdale Village, from the "RM -1" Multifamily 1 District to the "ON" Office District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - TWF Partners, LLC Ordinance - TWF Partners, LLC Zoning Report -TWF Partners, LLC Location Map - TWF Partners, LLC 14. 15-1153 Second Reading Ordinance - Rezoning property located south of Yorktown Boulevard between Fred's Folly Drive and Starry Road (1st Reading 10/20/15) Case No. 0915-05 Patricia H. Wallace, Trustee #2: A change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. The property is described as being a 115.72 -acre tract of land out of Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Yorktown Boulevard between Fred's Folly Drive and Starry Road. Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District and 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 Patricia H. Wallace, Trustee #2 ("Owner"), by changing the UDC Zoning Map in reference to a 115.72 -acre tract of land out of Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District; amending the Corpus Christi Page 7 Printed on 10/26/2015 City Council Meeting Agenda - Final October 27, 2015 Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Patricia H. Wallace, Trustee #2 Ordinance - Patricia H. Wallace, Trustee #2 Zoning Report - Patricia H. Wallace, Trustee #2 Location Map - Patricia H Wallace, Trustee #2 15. 15-1160 Second Reading Ordinance - Rezoning property located at 3801 Rodd Field Road (3/4 vote required) (1st Reading 10/20/15) Case No. 0915-06 Point Development, LLC: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. The property is described as being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Point Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Point Development, LLC Ordinance - Point Development, LLC Zoning Report - Point Development, LLC Location Map - Point Development, LLC 16. 15-1094 Second Reading Ordinance - Accepting and appropriating a Regional grant to support the Emergency Medical Service (EMS) operation (1st Reading 10/20/15) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,978.14; and appropriating $2,978.14 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. Corpus Christi Page 8 Printed on 10/26/2015 City Council Meeting Agenda - Final October 27, 2015 Attachments: Agenda Memo - Coastal Bend Regional Advisory Council grant Ordinance - Coastal Bend Regional Advisory Council grant 17. 15-1120 Second Reading Ordinance - Accepting and appropriating a donation from Exxon Mobil Corporation for equipment or supplies for firefighters (1st Reading 10/20/15) Ordinance authorizing the City Manager or designee to accept a grant from Exxon Mobil Corporation in the amount of $1,500 for Exxon Mobil's "Good Neighbor Program"; and appropriating $1,500 from Exxon Mobil Corporation into the No .1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies that will directly benefit firefighters. Attachments: Agenda Memo - Exxon Grant 2015 - Fire.docx Ordinance - Exxon Grant 2015 - Fire.docx 18. 15-1091 Second Reading Ordinance - Accepting and appropriating grant funds for the Retired Senior Volunteer Program (1st Reading 10/20/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $3,000 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. Attachments: Agenda Memo - RSVP $3000 Ordinance - RSVP $3000 Attach - RSVP Notice of Grant Award 19. 15-1119 Second Reading Ordinance - Accepting and appropriating State funds for the Infectious Disease Control Unit/FLU-LAB grant (1st Reading 10/20/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/FLU-LAB grant in the amount of $10,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide flu testing for the contract period September 1, 2015, through August 31, 2017; and ratifying acceptance of the grant agreement to begin September 1, 2015. Attachments: Agenda Memo - Inf. Dis. Control (Flu -Lab) Grant 9-1-2015 to 9-1-2017 (Rev. 10 Odinance - IDCU-FLU-LAB FY16 grant Contract - Infectious Disease Control -FLU Grant 9-1-2015 to 9-1-2017 20. 15-1122 Second Reading Ordinance - Accepting and appropriating State Corpus Christi Page 9 Printed on 10/26/2015 City Council Meeting Agenda - Final October 27, 2015 funds for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCD/TXHC) grant (1st Reading 10/20/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000, from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the contract period October 1, 2015, through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. Attachments: Agenda Memo - TX Health Communities Grant 10-1-2015 to 10-1-2016 (Rev. 11 Odinance - TX Healthy Communities Grant Award 10-1-2015 to 10-1-2016 Award - TX Healthy Communities Grant 10-1-2015 to 10-1-2016 (Subj. to Coun 21. 15-1128 Second Reading Ordinance - Accepting and appropriating State funds for the Nutrition Services Section/Women, Infant's and Children (NSS/WIC) grant (1st Reading 10/20/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Nutrition Services Section/Women, Infant's and Children (NSS/WIC) grant in the amount of $1,002,324, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the WIC program for the contract period October 1, 2015, through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. Attachments: Agenda Memo - WIC Grant 10-1-2015 to 10-1-2016 (Rev. 10-6-2015) Ordinance - WIC Award Letter 10-1-2015 to 10-1-2016 Award - WIC Grant LOI (10-1-2015 to 10-1-2016) (a�8-28-2015 22. 15-1108 Second Reading Ordinance - Authorizing a construction contract and appropriating funds for the Municipal Communication Studio Facility Renovation (1st Reading 10/20/15) Ordinance appropriating $1,033,210.58 from the Unreserved Fund Balance in No. 1031 Public, Education and Government Cable Fund; changing the FY 2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $1,033,210.58; and authorizing the City Manager or designee to execute a construction contract with Safenet Services, LLC of Corpus Christi, Texas in the amount of Corpus Christi Page 10 Printed on 10/26/2015 City Council Meeting Agenda - Final October 27, 2015 $619,625 for the City of Corpus Christi Municipal Communication Studio Facility Renovation for the Base Bid. Attachments: Agenda Memo - Communication Studio Project Budget - Communication Studio Ordinance - Communication Studio Presentation - Municipal Communication Studio Facility Renovation Location Map - Municipal Communication Studio Facility Renovation 23. 15-1138 Second Reading Ordinance - Revocable Easement for Eagle Ford Pipeline, LLC for the construction of two pipelines along the eastern side of Mobile Estates Park (1st Reading 10/20/15) Ordinance granting a twelve (12) foot wide Revocable Easement to Eagle Ford Pipeline, LLC to construct, operate, maintain, repair and remove two (2) 20 -inch pipelines along the east side of a City park known as Mobile Estates Park, located south of IH -37 and west of Lantana Street; for the amount of $43,054 as compensation to the City; authorizing the City Manager or designee to execute a Revocable Easement instrument and other related documents for the conveyance of the revocable easement. Attachments: Agenda Memo - Revocable Easement Ordinance - Revocable Easement Location Map - Revocble Easement Revocable Easement Presentation L. EXECUTIVE SESSION: (ITEMS 24 - 27) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 24. 15-1222 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters' Association. 25. 15-1232 Executive Session pursuant to Texas Government Code § 551.071 of the and Texas Disciplinary Rules of Professional Conduct Rule 1.05 Corpus Christi Page 11 Printed on 10/26/2015 City Council Meeting Agenda - Final October 27, 2015 to consult with attorneys concerning United States et al v. City of Corpus Christi (2:12-cv-00217) involving potential consent decree clarifications and amendments ancillary to said consent decree. 26. 15-1238 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation and other legal matters related to Municipal Court, including Monica Lewis v. City of Corpus Christi, Nora Rodriguez v. City of Corpus Christi, Rene Mendiola, et al v. City of Corpus Christi, et al, Frances Rios v. City of Corpus Christi, et al, and Michael Cantu v. City of Corpus Christi; and Patrick Gonzales v. City of Corpus Christi, et al. 27. 15-1243 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues, rules, and statutes governing the Corpus Christi Regional Transportation Authority and pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, evaluation, and duties of the City's appointees to the Board of Directors of the Corpus Christi Regional Transportation Authority. Actions in open meeting may include the consideration of any actions related to the Corpus Christi Regional Transportation Authority. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEM 28) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 28. 15-1172 Broker of Record Joint Service Agreement Motion approving a joint service agreement with Borden Insurance of Corpus Christi, Texas and McGriff, Seibels & Williams, Inc. of San Antonio, Texas, for Broker of Record Services for Property Insurance, based on lowest best proposal received, in response to Request for Proposal Event Number 71 in the amount of $27,700. The term of the contract will be for one-year period, with options to extend for up to four (4) additional one-year periods subject to the approval of the Contractor and the City Manager or designee. Attachments: Agenda Memo - 2015 Broker of Record for Property Insurance - Agenda Memo Bid Tab - Broker of Record Agreement - Broker of Record Services for Property Insurance Service Agreerm O. FIRST READING ORDINANCES: (ITEM 29 - 32) 29. 15-0963 First Reading Ordinance - Amending the Civil Service Board Rules and Regulations Corpus Christi Page 12 Printed on 10/26/2015 City Council Meeting Agenda - Final October 27, 2015 Ordinance amending the Civil Service Board Rules and Regulations in its entirety as recommended by the Civil Service Board; providing for severance; and providing an effective date. Attachments: Agenda Memo Exec Summary Form - Adopting Civil Service Board Rules 2015 Ordinance - Adopting Civil Service Board Rules - 2015 Civil Service Rules - as approved by the Board 8.20.15 - Redlined Revision 8.15- Civil Service Board Rules revision auqust2015 highlights 30. 15-1146 First Reading Ordinance - Ordinance authorizing a use privilege agreement with the Tuloso-Midway Independent School District located at 2653 McKinzie Road Ordinance authorizing the City Manager to execute a use privilege agreement with the Tuloso-Midway Independent School District ("Permittee") to install, operate, maintain, and remove a private eight -inch PVC wastewater sanitary sewer main ("Wastewater Line") across the Haven Drive Public street right-of-way, located west of McKinzie Road public right-of-way, subject to the Permittee's compliance with specified conditions. Attachments: Agenda Memo - Tuloso-Midway Ordinance with agreement - UPA Tuloso Midway ISD Location Map - Tuloso-Midway 31. 15-1170 First Reading Ordinance - Authorizing the Tax Increment Reinvestment Zone #3 Board to expend funds and approve reimbursement agreements Ordinance authorizing the Tax Increment Reinvestment Zone #3 (TIRZ #3) Board to expend funds and approve reimbursement agreements in accordance with the Project and Financing Plan. Attachments: Agenda Memo - TIRZ #3 Board Approval Authorization Ordinance - TIRZ #3 Authorization & Template Agreement TIRZ #3 Draft Reimbursement Agreement 32. 15-1171 First Reading Ordinance - Appropriating funds for Tax Increment Reinvestment Zone (TIRZ) #3 Project Plan Ordinance appropriating $1,597,564 from the unreserved fund balance in Fund 1112 Reinvestment Zone No. 3 Fund (Downtown TIF) to fund approved projects in FY2016 and changing the FY2016 Operating Budget adopted by ordinance 030620 by increasing expenditures by $1,597,564. Attachments: Agenda Memo - TIRZ #3 Revenue Appropriation Ordinance - TIRZ #3 Revenue Appropriation Corpus Christi Page 13 Printed on 10/26/2015 City Council Meeting Agenda - Final October 27, 2015 P. FUTURE AGENDA ITEMS: (ITEM 33 - 36) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 33. 15-1173 Engineering Construction Contract for Southern Minerals Road from Up River Road to IH37 BOND 2014 Motion authorizing the City Manager, or designee, to execute a construction contract with Haas -Anderson, Inc. of Corpus Christi, Texas in the amount of $3,060,904.65 for the Southern Minerals Road from Up River Road to IH 37 for the total Base Bid. (Bond 2014) Attachments: Agenda Memo - Southern Minerals Road Project Budget - Southern Minerals Location Map - Southern Minerals from Up River to IH 37 Bond 2014 Presentation - Southern Minerals 34. 15-1197 Engineering Construction Contract for Development & Improvements at HEB Tennis Center and Al Kruse Tennis Center Motion authorizing the City Manager, or designee, to execute a construction contract with Safenet Services, LLC. of Corpus Christi, Texas in the amount of $1,809,131 for the HEB and Al Kruse Tennis Centers (Rebid) for the Base Bid, Part A only for repairs to the tennis centers. (Bond 2012) Attachments: Agenda Memo - Tennis Courts Budget - Tennis Centers Location Map - HEB & Al Kruse Tennis Centers REBID Construction Presentation - Tennis Centers 35. 15-1140 Expand Solid Waste Operations' DriveCam Program to reduce preventable vehicle accidents within the fleet Resolution finding that competitive bids are not required for procurement from Lytx, Inc., and authorizing the City Manager, or designee, to execute agreements with Lytx, Inc., totaling $133,225.26 for the purchase of additional hardware and software to expand the vehicle -mounted camera program for the Solid Waste Operations Department. Corpus Christi Page 14 Printed on 10/26/2015 City Council Meeting Agenda - Final October 27, 2015 Attachments: Agenda Memo - Drive Cam 6.docx Resolution - Sole Source Lytx Expand 20151012.docx Quotes - DriveCam 51 units #2.pdf Presentation - Drive Cam 2 36. 15-1228 Assessment of the Efficiency and Effectiveness of the City of Corpus Christi's Financial Services Department Motion authorizing the City Manager or designee to execute a consultant agreement with Weaver and Tidwell, L.L.P to assess the efficiency and effectiveness of the Financial Services Department for an amount not to exceed $228,500. Funding is available in the Financial Services Department Budget for fiscal year 2015/2016. Attachments: Agenda Memo - Financial Services Assessment Service Agreement - Weaver and Tidwell L.L.P. Presentation - Final Finance Assessment Award to Weaver Scope of Work - Financial Services Assessment Scope Questions - Financial Services Assessment Modified Scope - Financial Services Assessment Q. BRIEFINGS: (ITEM 37 - 39) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 37. 15-1223 Discussion of Plan CC Comprehensive Plan 2035 Attachments: Agenda Memo Plan CC Oct 27 revised Presentation - Plan CC Council final 10-27-2015 no notes Planning Commission Final Report - Plan CC Public Comments Oct 13 Councilmember Comments Oct 19 Draft Ordinance - Plan CC 10/13/15 Presentation - Public Hearing - Plan CC !st Draft Public Comments - Plan CC 2nd Draft Public Comments - Plan CC August 12 PC Public Hearing Comments - Plan CC Letters submitted - Plan CC Additional Letters Submitted 38. 15-1226 Discussion on Ballot Language for Ad Valorem Tax -Backed Debt Attachments: Agenda Memo - Ballot Language Ad Valorem Tax Debt - Presentation Presentation - Ballot Language 10-27-15 Corpus Christi Page 15 Printed on 10/26/2015 City Council Meeting Agenda - Final October 27, 2015 39. 15-1199 Housing Workshop #4 Attachments: Agenda Memo - Housing Workshop #4 Presentation - Housing Workshop #4 - Oct 22 2015 Program Outline - Infill Housing Incentive Program Type A 9.21.15 - Agenda Memo Infill Pilot Program Type A 9.21.15 - Infill Housing Pilot Program Guidelines Type A 9.21.15 - Minutes R. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. S. ADJOURNMENT Corpus Christi Page 16 Printed on 10/26/2015 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, October 20, 2015 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Reverend Jim Garcia, Primera Iglesia Bautista. Pastor Rick Milby gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Teri Barrera, Executive Assistant to Police Chief. Executive Assistant to the Police Chief, Teri Barrera, led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 9 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations / Commendations 1. Proclamation declaring October 26-30, 2015, "Red Ribbon Week" Proclamation declaring September 2015, "National Childhood Obesity Awareness Month" Swearing-in Ceremony for Newly Appointed Board, Commission, and Committee Members Mayor Martinez presented the proclamations and conducted the swearing-in Corpus Christi Page 1 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 ceremony for the newly appointed board, commission, and committee members. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. City Manager Olson referred to the following topics: a. OTHER 1) City Manager Olson announced that the water system is changing back to chloramine disinfectant on November 2, 2015. The process will take 5 to 10 days to make its way through the entire water system. Residents will begin to detect a different smell. Precautions will need to be taken by medical facilities, dialysis patients, and fish tank owners. A detailed press release can be found on the City's website at www.cctexas.com. 2) Tomorrow, Wednesday, October 21, 2015, the third "Let's Talk Corpus Christi" event with executive staff will be held at the Northwest Senior Center, located at 9725 Up River Road, from 6:00 p.m. to 7:00 p.m. H. MINUTES: 2. Regular Meeting of October 13, 2015 Mayor Martinez referred to approval of the minutes. Council Member Magill made a motion to approve the minutes, seconded by Council Member Rubio and passed unanimously. I. BOARD & COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 22) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the public. Council Member Vaughn requested that Items 5, 6, and 7 be pulled for individual consideration. A motion was made by Council Member Magill, seconded by Council Member McIntyre, to approve the Consent Agenda. The consent agenda was passed by one vote as follows: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Corpus Christi Page 2 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 Abstained: 0 3. Approval to submit a grant application to the State of Texas for funding available under the Local Border Security Program Grant Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $270,220 to the Office of the Governor Homeland Security Grants Division for funding eligible under the FY 2016 Local Border Security Program Grant. This Resolution was passed on the Consent Agenda. Enactment No: 030643 4. Engineering Design for the Ennis Joslin Road Extension (BOND 2014, Proposition 2) Motion authorizing the City Manager, or designee, to move the Ennis Joslin Road to Holly Road Extension project from preliminary engineering to final design by executing Amendment No. 1 to the contract for professional services with Urban Engineering of Corpus Christi, Texas in the amount of $360,980.00 for a restated fee of $408,980.00. (Bond 2014, Proposition 2) This Motion was passed on the Consent Agenda. Enactment No: M2015-117 8. Type A Grant for Service Corps of Retired Executives (SCORE) Small Business Assistance Program Resolution approving the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide a grant up to $50,000 for their small business assistance program and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. This Resolution was passed on the Consent Agenda. Enactment No: 030647 9. Type A Grant for LiftFund Loan Buy -Down Program formerly known as Accion Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and LiftFund, Inc. (LiftFund) to provide a grant up to $250,000 for their loan Corpus Christi Page 3 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 buy -down program to assist small business and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. This Resolution was passed on the Consent Agenda. Enactment No: 030648 10. Second Reading Ordinance - Rezoning property located at 3802 Cimarron Boulevard (1st Reading 10/13/15) Case No. 0815-03 The Clower Company: From the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District. The property to be rezoned is described as being an 8.922 -acre tract of land out of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Lipes Boulevard and Cimarron Boulevard. Staff Recommendation: Tract 1 - Approval of the "CN -1" Neighborhood Commercial District on 4.08 acres. Tract 2 - Denial of the "CN -1" Neighborhood Commercial District on the remaining 4.842 acres and, in lieu thereof, approval of the "RM -1" Multifamily 1 District. Planning Commission Recommendation: Tract 1 - Approval of the "CN -1" Neighborhood Commercial District on 4.08 acres. Tract 2 - Denial of the "CN -1" Neighborhood Commercial District on the remaining 4.842 acres and, in lieu thereof, approval of the "RM -2" Multifamily 2 District. Ordinance: Ordinance amending the Unified Development Code, upon application by The Clower Company on behalf of Cimarron Company, by changing the UDC Zoning Map in reference to a 4.08 -acre tract of land out of Lot 1, Section 21, Flour Bluff and Encinal Farm and Garden Tracts from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District, and by changing the UDC Zoning Map in reference to a 4.842 -acre tract of land out of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts from the "FR" Farm Rural District to the "RM -2" Multifamily 2 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030649 Corpus Christi Page 4 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 11. Second Reading Ordinance - Rezoning property located at 3202 Interstate Highway 69 Access Road (1st Reading 10/13/15) Case No. 0815-02 CAH -DHL Properties, LLC: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. The property to be rezoned is described as being a 15.23 acre tract of land, situated in the Gregorio Farias Grant, Abstract 592, out of the remainder of a 160.62 acre tract as described in a Deed and recorded in Document Number 2002040593, of the Official Public Records of Nueces County, Texas, located along the east side of Interstate Highway 69 about 2,000 feet north of County Road 48. Planning Commission and Staff Recommendation (August 26, 2015): Approval of the change of zoning from the "FR" Farm Rural District to "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code, upon application by CAH -DHL Properties, LLC, by changing the UDC Zoning Map in reference to a 15.23 acre tract of land, situated in the Gregorio Farias Grant, Abstract 592, out of the remainder of a 160.62 acre tract as described in a Deed and recorded in Document Number 2002040593, of the Official Public Records of Nueces County, Texas, from the "FR" Farm Rural District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030650 12. Second Reading Ordinance - Rezoning property located at 5105 Up River Road (1st Reading 10/13/15) Case No. 0815-05 Vincent Gerard and Associates: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for a cell tower of 125 feet in height.The property to be rezoned is described as being Lot 1, Block 3B, Kaler Addition, located along the south side of Up River Road between Savage Lane and North Navigation Boulevard. Planning Commission and Staff Recommendation (August 26, 2015): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for a cell tower of 125 feet in height Ordinance: Corpus Christi Page 5 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 Ordinance amending the Unified Development Code ("UDC"), upon application by Vincent Gerard and Associates on behalf of Darlene Lee ("Owner") by changing the UDC Zoning Map in reference Lot 1, Block 3B, Kaler Addition from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030651 13. Second Reading Ordinance - Rezoning property located at 14721 Running Light Drive (1st Reading 10/13/15) 14. Case No. 0915-04 Padre Coastal Homes, LLC: A change of zoning from the "RS-6/IO" Single -Family 6 District with an Island Overlay to the "RS-TH/PUD/IO" Townhouse District with a Planned Unit Development Overlay and Island Overlay, not resulting in a change to the Future Land Use Map. The property is described as Lots 6 and 7, Block 3, Padre Island -Corpus Christi Section E, located on the south side of Running Light Drive. Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RS-6/IO" Single -Family 6 District with an Island Overlay to the "RS-TH/PUD/IO" Townhouse District with a Planned Unit Development Overlay and Island Overlay. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Padre Coastal Homes, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lots 6 and 7, Block 3, Padre Island -Corpus Christi Section E, from the "RS-6/IO" Single -Family 6 District with an Island Overlay to the "RS-TH/PUD/IO" Townhouse District with a Planned Unit Development Overlay and Island Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030652 Second Reading Ordinance - Realign County Road 50 east of IH 69, 450 feet north of the current alignment designated in the Urban Transportation Plan (1st Reading 10/13/15) Ordinance amending the Corpus Christi Urban Transportation Plan, a part of Mobility CC, an element of the Comprehensive Plan of the City Corpus Christi Page 6 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 of Corpus Christi, Texas, by realigning County Road 50; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030653 15. Second Reading Ordinance - Amending the FY2015-2016 Crime Control and Prevention District Budget (1st Reading 10/13/15) 16. Ordinance approving the FY 2015-2016 amended budget for the Corpus Christi Crime Control and Prevention District (CCCCPD) to include expenditures of $514,001 for the Police building security project; appropriating $514,001 from unrestricted fund balance in the No 9010 CCCCPD Fund for Police building security project; and amending the FY2015-2016 operating budget adopted by Ordinance 030620 to increase expenditures by $514,001. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030654 Second Reading Ordinance - Accepting and appropriating Federal grant funds for FY2015 Body -Worn Camera Project within the Police Department (1st Reading 10/13/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Department of Justice, Bureau of Justice Assistance in the amount of $125,000 for the FY2015 Body -Worn Camera Project grant within the Police Department, for purchase of body cameras, with a City in-kind match of $50,000 and cash match of $75,000 from the Law Enforcement Trust Fund for a total project cost of $250,000, and appropriating $125,000 in the No. 1061 Police Grants Fund. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030655 17. Second Reading Ordinance - Accepting and appropriating State funds for the Tuberculosis Prevention and Control -State grant (1st Reading 10/13/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and amend a grant contract for the Tuberculosis Prevention and Control -State (TB/PC-STATE) grant in the amount of $61,645, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $12,329, to provide tuberculosis prevention and control services for the contract period September 1, 2015, through August 31, 2016; Corpus Christi Page 7 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 18. 19. authorizing the transfer of $12,329, from the No. 1020 General Fund to the No. 1066 Health Grants Fund, appropriating the same for a total project cost of $73,974; and ratifying acceptance of the grant agreement to begin September 1, 2015. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030656 Second Reading Ordinance - Accepting and appropriating State funds for the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant (1st Reading 10/13/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant in the amount of $165,000, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to perform surveillance and epidemiology activities for infectious diseases for the contract period September 1, 2015, through August 31, 2017; and ratifying acceptance of the grant agreement to begin September 1, 2015. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030657 Second Reading Ordinance - Authorization for the City Manager to approve and execute Partial Assignment of Water Pipeline Easement agreements with AEP Texas Central Company for Mary Rhodes Pipeline Phase 2 (1st Reading 10/13/15) Ordinance authorizing the City Manager or designee to approve and sign multiple Partial Assignment of Water Pipeline Easement agreements with AEP Texas Central Company (AEP) to install buried utility lines used in connection with City's construction, operation and maintenance of the Mary Rhodes Pipeline Phase 2 water pipeline and associated appurtenances. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030658 20. Second Reading Ordinance - Lease Agreement for portion of City parking lot located at Mann Street and Mesquite Street (1st Reading 10/13/15) Ordinance authorizing the City Manager or designee to execute a lease with the Results Companies for portion of City parking lot located at Mann Street and Mesquite Street for a term of three years, with a two year renewal option. Corpus Christi Page 8 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030659 21. Second Reading Ordinance Amending the Code of Ordinances, City of Corpus Christi, Section 55-3 (1st Reading 10/13/15) Ordinance amending the Code of Ordinances, City of Corpus Christi, Section 55-3 regarding gas purchase exemptions for large gas users within the city limits; and providing for publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030660 5. Type A Grant for Texas A&M University -Corpus Christi (TAMU-CC) Internship Program Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University - Corpus Christi (TAMU-CC) to provide grant up to $238,635 for their internship program to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. Mayor Martinez referred to Item 5. Mike Culbertson, Corpus Christi Regional Economic Development Corporation (EDC) stated that Items 5, 6, and 7 are related to the Type A Small Business Incentives Agreements. The items were recommended and approved by the EDC Board and the Type A Board. Mr. Culbertson provided a brief overview of the internship programs. Council members spoke regarding the following topics: whether the internship programs are a value to Del Mar College and Texas A&M University - Corpus Christ; when the Type A funds will expire and be voted on; how long the colleges have received funding for the internship programs; whether the colleges would continue the internship programs if they did not receive Type A funding; and providing the City Council with compliance reports. Council Member Garza made a motion to approve Items 5, 6 and 7, seconded by Council Member Magill. This Resolution was passed and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030644 6. Type A Grant for Del Mar College Internship Program Corpus Christi Page 9 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $217,223 for their internship program to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. This item was discussed and approved during the discussion on Item 5. This Resolution was passed and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030645 7. Type A Grant for Del Mar Procurement Technical Assistance Center (PTAC) Program Resolution to approve the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide a grant up to $37,500 for their Procurement Technical Assistance Center (PTAC) to assist small business and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the Small Business Incentives Agreement. This item was discussed and approved during the discussion on Item 5. This Resolution was passed and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030646 M. PUBLIC HEARINGS: (ITEM 25) 25. Public Hearing and First Reading Ordinance - Rezoning property located at 3101 Up River Road Case No. 0815-04 Cheryl McLaughlin & Hatch, LLC: A change of zoning from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park Corpus Christi Page 10 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 District. The property is described as being a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas, located at 3101 Up River Road between Westgate Drive and Palm Drive. Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Cheryl McLaughlin & Hatch, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 25. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow for expansion of an existing RV park. Mr. Grimsbo said the Planning Commission and staff were in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing. A council member spoke in support of the expansion. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 11 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez referred to comments from the public. Errol Summerlin, Citizens Alliance for Fairness and Progress, spoke regarding the connection between Plan CC 2035 and the Harbor Bridge; the mitigation requirements; and the impact to the affected residents. Carolyn Moon, 4902 Calvin, spoke in opposition to changing South Staples Street from four lanes to three lanes. Michael Gunning, 738 Crestview, expressed his opinion that the mitigation requirements, with respect to the construction of the new Harbor Bridge, are not required to be documented in Plan CC 2035. Mr. Gunning said the mitigation requirements should be referenced once the strategies are provided for consideration. Elizabeth Chu Richter, 1386 Sandpiper, spoke in support of increased urbanization, infrastructure, and future growth and urged the City Council to support Plan CC 2035. Linda Lindsey, 3002 Cedar Springs, acknowledged the recognition of "Red Ribbon Week" and "National Childhood Obesity Awareness Month" and stated that these programs are important to inform young children about the importance of police officers, the Fire Department, staying away from drugs, and making good choices. Ms. Lindsey requested that the City Council look at ways to continue to support the Parks and Recreation Programs, parks and youth leagues to keep the youth involved in activities. Gloria Randall Scott, 4422 S. Alameda, spoke regarding Plan CC 2035 requesting the disaggregation of the Coles, Washington, and Hillcrest neighborhoods from one neighborhood, as indicated in the Plan, to the three separate neighborhoods that they are. M. PUBLIC HEARINGS: (ITEMS 26 - 30) 26. Public Hearing and First Reading Ordinance - Rezoning property located at 15205 Northwest Boulevard (FM 624). Case No. 0915-01 Al Development, Inc.: A change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. The property is described as being a 14.25 acre tract of land out of a 91.594 acre tract of land as recorded in Document Number 2012050691, Deed Records of Nueces County, Texas, located approximately 260 feet south of Northwest Boulevard (FM 624) between CR 73 and FM 1889. Planning Commission and Staff Recommendation (September 9, Corpus Christi Page 12 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Al Development, Inc. ("Owner") by changing the UDC Zoning Map in reference to a 14.25 acre tract of land out of a 91.594 acre tract of land as recorded in Document Number 2012050691, Deed Records of Nueces County, Texas, from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 26. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow for construction of an apartment complex. Mr. Grimsbo said the Planning Commission and staff were in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Riojas Abstained: 0 27. Public Hearing and First Reading Ordinance - Rezoning property located at 1528, 1536, 1548, and 1604 Rhew Road Case No. 0915-02 D.L. Johnson: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit, not resulting in a change to the Future Land Use Map. The property is described as Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street. Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to nine conditions. Ordinance: Corpus Christi Page 13 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 Ordinance amending the Unified Development Code ("UDC"), upon application by D.L. Johnson ("Owner"), by changing the UDC Zoning Map in reference to Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 27. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow a concrete batching plant. Mr. Grimsbo said the Planning Commission and staff were in favor of the zoning change. Mayor Martinez opened the public hearing. A council member stated that this item shows growth in the northwest area. Carolyn Moon, 4902 Calvin, asked questions regarding if there was a neighborhood nearby that would be affected by dust from the plant. Mr. Grimsbo stated that the adjacent property is zoned light industrial and dust control is a condition of the special permit. Mayor Martinez closed the public hearing. Council Member Vaughn made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 28. Public Hearing and First Reading Ordinance - Rezoning property located at 4625 Whataburger Way Case No. 0915-03 TWF Partners, LLC: A change of zoning from the "RM -1" Multifamily 1 District to the "ON" Office District, resulting in a change to the Future Land Use Map from medium density residential to professional office uses. The property is described as Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way. Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "ON" Office District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by TWF Partners, LLC ("Owner"), by changing the UDC Corpus Christi Page 14 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 Zoning Map in reference to Lot 11-D, Block 4, Parkdale Village, from the "RM -1" Multifamily 1 District to the "ON" Office District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 28. Director of Development Services Dan Grimsbo stated that the purpose of this item is rezone the subject property to allow development of a professional office. Mr. Grimsbo said the Planning Commission and staff were in favor of the zoning change. Mayor Martinez opened the public hearing. James Bures, 4510 Mildred, said the property is located directly in front of his home and rezoning the property would encroach on the residents, increase traffic, and decrease property values. Michael Gunning, representative for the applicant, said the rezoning will have a minimal impact on the neighborhood and that office use will generate low traffic. Mayor Martinez closed the public hearing. Council members spoke regarding the following topics: the traffic analysis; the distinction between "RM -1" and "ON" zoning; the number of multi -family units that would fit on the lot; the height limitations for the current and requested zoning; the "ON" Office District zoning being less intrusive than the current "RM -1" Multifamily; the affect on property values; and clarification on the abandoning and vacating of Whataburger Way. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio and Council Member Scott Nay: 2 - Council Member Rosas and Council Member Vaughn Abstained: 0 29. Public Hearing and First Reading Ordinance - Rezoning property located south of Yorktown Boulevard between Fred's Folly Drive and Starry Road Case No. 0915-05 Patricia H. Wallace, Trustee #2: A change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. The property is described as being a 115.72 -acre tract of land out of Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Yorktown Boulevard between Fred's Folly Drive and Starry Road. Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District and the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. Corpus Christi Page 15 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Patricia H. Wallace, Trustee #2 ("Owner"), by changing the UDC Zoning Map in reference to a 115.72 -acre tract of land out of Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District and "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 and publication. Mayor Martinez referred to Item 29. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow single-family development and cluster housing development. Mr. Grimsbo said the Planning Commission and staff were in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing. Council members spoke regarding the following topics: the smaller lot size allowing for more affordable housing in the area; the schedule for improvements on Yorktown Boulevard; use of the lift station constructed in that area; and the condition of the streets. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Scott Absent: 1 - Council Member Vaughn Abstained: 0 30. Public Hearing and First Reading Ordinance - Rezoning property located at 3801 Rodd Field Road (3/4 vote required). Case No. 0915-06 Point Development, LLC: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. The property is described as being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Point Development, LLC ("Owner"), by changing the Corpus Christi Page 16 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 UDC Zoning Map in reference to a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 30. Director of Development Services Dan Grimsbo stated that the purpose of this item is rezone the subject property to allow for a fueling and retail development. Mr. Grimsbo said the Planning Commission and staff were in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Garza made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (ITEM 31) 31. Legal Services Contract with Tim Brown for general water issues Motion to authorize the City Manager or designee to execute a legal services agreement with Timothy L. Brown to advise the City on water rights and general water law issues, at hourly rate of $175 per hour, not to exceed $7,000 per month, plus expenses. Mayor Martinez referred to Item 31. City Attorney Miles Risley stated that the purpose of this item is to execute a legal services agreement with Tim Brown for general water issues. In response to the comments made at the last Council meeting, the agreement was modified to change the fee from a flat rate of $7,000 per month to an hourly rate, with a maximum of $7,000 per month. City Attorney Risley said staff will being studying the process of establishing an environmental attorney position. Council members spoke regarding the following topics: revising similar contracts for efficiencies; Mr. Brown's expertise on water issues; and the date of the contract. Council Member Scott made a motion to approve the motion, seconded by Council Member Rosas. This Motion was passed and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Corpus Christi Page 17 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 Enactment No: M2015-118 L. EXECUTIVE SESSION: (ITEMS 22 - 24) Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session. 22. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters' Association. This E -Session Item was discussed in executive session. 23. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to conveyance, lease, and sale of City property and pursuant to Texas Government Code § 551.072 to discuss and deliberate the purchase, exchange, lease, and value of real property located at 5151 McArdle Road known as Mt. Vernon Park when deliberation in open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E -Session Item was discussed in executive session. 24. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to disposal of waste in Type IV Landfill (as described in 30 TAC § 330.5) located in Nueces County, Texas. This E -Session Item was discussed in executive session. City Secretary Huerta announced that Council Member Scott recused himself from the discussion on Item 24. N. REGULAR AGENDA: (ITEM 32) 32. Discussion and possible action regarding the resolution approving the formation of an Ad Hoc Residential Street Infrastructure Advisory Committee Mayor Martinez referred to Item 32. City Attorney Miles Risley stated that the purpose of this item is to have a discussion and possible action regarding the formation of an Ad Hoc Residential Street Infrastructure Advisory Committee (SIAC). City Attorney Risley provided a review of the changes made to the resolution at the last Council meeting. City Attorney Risley listed the other items attached: the Infrastructure Committee Plan submitted by Andy Taubman and Mr. Taubman's plan with recommendations from city staff. Executive Director of Public Works Valerie Gray provided an overview of staffs comments regarding Mr. Taubman's plan for the seven (7) deliverables and two (2) Council directives to staff. Ms. Gray reported that the items that are not Corpus Christi Page 18 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 being recommended are either currently performed by staff or can be evaluated during the Engineering Services Department's assessment. Mayor Martinez called for comments from the public. Susie Luna Saldana, 4710 Hakel, expressed concern with how the Caller Times portrayed the City Council as dysfunctional after the previous discussion on this item. Ms. Saldana asked the City Council to make this issue about streets and what is best for the people. Andy Taubman, 5601 SPID, said streets are the most significant item in the City's budget, so making the right decisions for streets is important today and in the future. Mr. Taubman stated that the three principle elements to this process are engineering, accountability, and information sharing. Mr. Taubman said the committee can evaluate staffs process on the street preventative maintenance program, use that program as a model, identify whether that process is the right thing to do moving forward, have accountability, and share that information with the public. David Loeb, 425 Del Mar, responded to questions regarding his experience on ad hoc committees and stated that the scope of work for an ad hoc committee is generally tighter and focused to deliver a result. Council Member Magill made a motion to amend Section 5. of the resolution to change the language that the final report shall be delivered to City Council from April 30, 2016 to May 31, 2016, seconded by Mayor Martinez and passed unanimously. Council Member Magill made a motion to amend the resolution to include Mr. Taubman's plan, version 2.2 in its entirety, seconded by Council Member Rubio. Council members spoke regarding the following topics: identifying funding mechanisms; consideration to include some of Mr. Taubman's items in the assessment of the Engineering Department; concern with the committee duplicating efforts currently performed by staff; the committee addressing the following critical questions: how much work can be done, how much work can the City afford to do, what is the capacity from an engineering, funding, and construction perspective; selection criteria being essential; concern that Mr. Taubman's entire plan will place a demand on staff resources; the committee's scope, including a plan regarding allocation of funds and prioritization; an explanation of the assessment of the Engineering Department; the scope of work and timeframe that was given to the Street Maintenance Task Force Ad Hoc Committee; support for the committee to review the staffs processes; residents having faith in the City; and references made regarding a division within the City Council. The motion was passed and approved with the following vote: Rubio, Vaughn, Garza, Magill, and Rosas, voting "Aye"; Martinez, McIntyre, Riojas, and Scott, voting "No". Council Member Vaughn made a motion to amend the resolution to have each member be nominated by one City Council Member, to be ratified by a majority of the City Council in open session and the vote be taken at the next Council meeting on October 27, 2015, seconded by Council Member Rosas and passed unanimously. Council Member Magill made a motion to approve the resolution as amended, seconded by Council Member Rubio. This Resolution was passed as amended and approved with the following vote: Corpus Christi Page 19 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 Aye: 5 - Council Member Garza, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Vaughn Nay: 4 - Mayor Martinez, Council Member McIntyre, Council Member Riojas and Council Member Scott Abstained: 0 Enactment No: 030661 O. FIRST READING ORDINANCES: (ITEMS 33 - 40) 33. First Reading Ordinance - Accepting and appropriating a Regional grant to support the Emergency Medical Service (EMS) operation Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,978.14; and appropriating $2,978.14 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. Mayor Martinez referred to Item 33. Fire Chief Robert Rocha stated that the purpose of this item is to accept and appropriate a grant from the Coastal Bend Regional Advisory Council in the amount of $2,978.14 to purchase supplies to support the delivery of emergency medical services. The EMS Division will purchase ten Pet CPR Masks, six Bike Medic Radio Headsets and six Bike Medic uniforms. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 2 - Mayor Martinez and Council Member McIntyre Abstained: 0 34. First Reading Ordinance - Accepting and appropriating a donation from Exxon Mobil Corporation for equipment or supplies for firefighters Ordinance authorizing the City Manager or designee to accept a grant from Exxon Mobil Corporation in the amount of $1,500 for Exxon Mobil's "Good Neighbor Program"; and appropriating $1,500 from Exxon Mobil Corporation into the No .1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies that will directly benefit firefighters. Corpus Christi Page 20 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 Mayor Pro Tem Vaughn referred to item 34. Fire Chief Robert Rocha stated that the purpose of this item is to accept an appropriate a grant from Exxon Mobil Corporation in the amount of $1,500 to be used to purchase high -angle rope rescue equipment. There were no comments from the public. A council member commended the Fire Department's emergency response throughout the City. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Mayor Martinez Abstained: 0 35. First Reading Ordinance - Accepting and appropriating grant funds for the Retired Senior Volunteer Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $3,000 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. Mayor Pro Tem Vaughn referred to Item 35. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to accept and appropriate a $3,000 grant to allow for the continuation of the Retired Senior Volunteer Program (RSVP). There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Mayor Martinez Abstained: 0 36. First Reading Ordinance - Accepting and appropriating State funds for the Infectious Disease Control Unit/FLU-LAB grant Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/FLU-LAB grant in the amount of $10,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide flu testing for Corpus Christi Page 21 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 the contract period September 1, 2015, through August 31, 2017; and ratifying acceptance of the grant agreement to begin September 1, 2015. Mayor Pro Tem Vaughn referred to Item 36. Assistant Director of Public Health Bill Uhlarik stated that the purpose of this item is to accept, amend, and appropriate a grant contract in the amount of $10,000 from the Texas Department of State Health Services to provide flu testing for the contract period September 1, 2015 through August 31, 2017; and ratifying acceptance of the grant agreement to begin September 1, 2015. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Mayor Martinez Abstained: 0 37. First Reading Ordinance - Accepting and appropriating State funds for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCD/TXHC) grant Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000, from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the contract period October 1, 2015, through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. Mayor Pro Tem Vaughn referred to Item 37. Assistant Director of Health Bill Uhlarik stated that the purpose of this item is to accept and appropriate a grant from the Texas Department of State Health Services in the amount of $50,000 to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the contract period October 1, 2015 through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 22 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 38. First Reading Ordinance - Accepting and appropriating State funds for the Nutrition Services Section/Women, Infant's and Children (NSS/WIC) grant Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Nutrition Services Section/Women, Infant's and Children (NSS/WIC) grant in the amount of $1,002,324, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the WIC program for the contract period October 1, 2015, through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. Mayor Martinez referred to Item 38. Assistant Director of Public Health Bill Uhlarik stated that the purpose of this item is to accept, amend, and appropriate a grant from the Texas Department of State Health Services in the amount of $1,002,324 to provide funds for the Women, Infants and Children (WIC) program for the contract period October 1, 2015 through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Riojas Abstained: 0 39. First Reading Ordinance - Authorizing a construction contract and appropriating funds for the Municipal Communication Studio Facility Renovation Ordinance appropriating $1,033,210.58 from the Unreserved Fund Balance in No. 1031 Public, Education and Government Cable Fund; changing the FY 2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $1,033,210.58; and authorizing the City Manager or designee to execute a construction contract with Safenet Services, LLC of Corpus Christi, Texas in the amount of $619,625 for the City of Corpus Christi Municipal Communication Corpus Christi Page 23 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 Studio Facility Renovation for the Base Bid. Mayor Martinez referred to Item 39. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to appropriate $1,033,210.58 from the Unreserved Fund Balance in the Public, Education and Government Cable Fund and to execute a contract with Safenet Services, LLC for the Municipal Communication Studio Facility Renovation. Ms. Gray provided the scope of the project and stated that the projected would be completed in five months. There were no comments from the public. In response to a council member, Director of Communications Kim Womack provided information on the cable franchise funds provided to the City. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 40. First Reading Ordinance - Revocable Easement for Eagle Ford Pipeline, LLC for the construction of two pipelines along the eastern side of Mobile Estates Park Ordinance granting a twelve (12) foot wide Revocable Easement to Eagle Ford Pipeline, LLC to construct, operate, maintain, repair and remove two (2) 20 -inch pipelines along the east side of a City park known as Mobile Estates Park, located south of IH -37 and west of Lantana Street; for the amount of $43,054 as compensation to the City; authorizing the City Manager or designee to execute a Revocable Easement instrument and other related documents for the conveyance of the revocable easement. Mayor Martinez referred to Item 40. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to grant a 12 -foot wide Revocable Easement to Eagle Ford Pipeline, LLC to construct and maintain two (2) 20 -inch pipelines along the east side of Mobile Estates Park. The park is a City -owned park located south of IH -37 and west of Lantana Street. The lines will originate from Eagle Ford west terminal and run to the east terminal. The City will be compensated in the amount of $43,054 for the easement. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Corpus Christi Page 24 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 Absent: 1 - Council Member Scott Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 41 - 47) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff had planned presentations on Items 42 and 47. A council member requested information on Item 43. 41. Interlocal Agreement for Latchkey Program at Calallen ISD Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Calallen Independent School District for continued operation of the City Latchkey Program at Calallen ISD. This Resolution was recommended to the consent agenda. 42. Design -Build Agreement for the Signs/Signals Operations - New Shop and Office Facility (Bond 2012) Project Motion authorizing the City Manager, or designee, to execute a Design -Build Agreement with Fulton Coastcon General Contractors of Corpus Christi, Texas in the amount of $2,280,000 for the Signs/Signals Operations - New Shop and Office Project for the Base Bid plus Additive Alternate Nos.1 and 2. This Motion was recommended to the consent agenda. 43. Professional Monitoring Contract for Packery Channel Monitoring for Fiscal Year 2015-2016 Motion authorizing the City Manager, or designee to renew the yearly contract for Packery Channel Monitoring for Fiscal Year 2015-2016 by executing Amendment No. 11 between the City of Corpus Christi and Texas A & M University -Corpus Christi in the amount of $350,703.00. This Motion was recommended to the consent agenda. 44. Work plan and budget agreement with Nueces River Authority for FY 2015-2016 Motion authorizing the City Manager or designee to execute a work plan and budget agreement with the Nueces River Authority in the amount of $99,996 to provide water planning, protection, development, and data management services to the City of Corpus Christi for FY 2016. This Motion was recommended to the consent agenda. Corpus Christi Page 25 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 45. Engineering Design Contract adding repairs for existing lift station locations Motion authorizing the City Manager, or designee, to add repairs at eight existing lift station locations to an engineering design contract by executing Amendment No. 2 with Urban Engineering of Corpus Christi, Texas in the amount of $164,100 for a total restated fee not to exceed $210,340 for the Lift Station Repairs - Citywide for engineering design services and support services in Bid and Construction phases. This Motion was recommended to the consent agenda. 46. Certification of 2015 Tax Levy Motion approving the 2015 Property Tax Levy of $108,611,685.39 based on the adopted property tax rate of $0.606264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. This Motion was recommended to the consent agenda. 47. Broker of Record Joint Service Agreement Motion approving a joint service agreement with Borden Insurance of Corpus Christi, Texas and McGriff, Seibels & Williams, Inc. of San Antonio, Texas, for Broker of Record Services for Property Insurance, based on lowest best proposal received, in response to Request for Proposal Event Number 71 in the amount of $27,700. The term of the contract will be for one-year period, with options to extend for up to four (4) additional one-year periods subject to the approval of the Contractor and the City Manager or designee. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (ITEM 48) 48. Staples Street Corridor Pavement Marking Plan Mayor Martinez referred to Item 48. Director of Engineering Jeff Edmonds stated that the purpose of this item is to receive Council direction on the South Staples Street Pavement Marking Plan. Mr. Edmonds provided the following information: the project map; the issues related to the bond projects; project background on the two projects for Staples Street; the 4 -lane to 3 -lane conversion to provide for a striped bike lane; the benefits of three lanes; an illustration of the pavement marking alternatives average daily traffic counts; the computer simulation results; the alternatives for pavement markings; the public workshop dates; and the tradeoff analysis between the three alternatives. Mr. Edmonds reported that a vast majority of the workshop attendees expressed a desire to retain the existing 4 -lane configuration. MOTION OF DIRECTION Corpus Christi Page 26 Printed on 10/23/2015 City Council Meeting Minutes October 20, 2015 Council Member Magill made a motion directing the City Manager to retain the existing 4 -lane plan, seconded by Council Member McIntyre and passed unanimously. R. LEGISLATIVE UPDATE: S. ADJOURNMENT None. The meeting was adjourned at 5:37 p.m. Corpus Christi Page 27 Printed on 10/23/2015 City Of Corpus Christi AD HOC RESIDENTIAL STREET INFRASTRUCTURE ADVISORY COMMITTEE BOARD DETAILS SIZE 9 Seats TERM LENGTH 7 Months OVERVIEW TERM LIMIT 7 Months CONTACT 1 To be determined M To be determined The Ad Hoc Residential Street Infrastructure Advisory Committee was established to develop and evaluate a residential street reconstruction plan, with committee recommendations to be provided to City Council. 4 DETAILS COMPOSITION Nine (9) members, with each member nominated by one City Council Member, to be ratified by majority of the City Council. Members shall be residents of the City and shall not have a conflict of interest. The chairperson of the committee will be appointed by the majority of the committee. CREATION 1 AUTHORITY Resolution 030661, 10/20/2015. MEETS The initial meeting of the committee shall occur no later than October 31, 2015. TERM DETAILS Upon presentation of the final report to City Council by May 31, 2016, the committee shall automatically be disbanded. DEPARTMENT City Manager AD HOC RESIDENTIAL STREET INFRASTRUCTURE ADVISORY COMMITTEE (NEW COMMITTEE — NOMINATIONS/OTHER INDIVIDUALS EXPRESSING INTEREST) Candidate for Mayor Nelda Martinez: 1. Toby Futrell Candidates for Council Member At -Large Chad Magill: 1. Andy Taubman 2. Shirley Thornton 3. Jerry Garcia Candidate for Council Member At -Large Lillian Riojas: 1. Leah Olivarri Candidate for Council Member At -Large Mark Scott: 1. Rex Kinnison Candidates for Council Member District 1 Carolyn Vaughn: 1. Alan Guggenheim 2. Tim Lynch 3. Kyle Pape Candidates for Council Member District 2 Brian Rosas: 1. Richard D. Stracener 2. Richard J. Burns 3. Jerry Garcia 4. Adam Chavarria (Pending Application and Disclosure Form) Candidates for Council Member District 3 Lucy Rubio: 1. Kyle Pape 2. Shirley Thornton 3. Jason Rikke (Pending Application and Disclosure Form) Candidate for Council Member District 4 Colleen McIntyre: 1. David Loeb Candidate for Council Member District 5 Rudy Garza: 1. Javier Huerta Other Individuals Expressing Interest: 1. Betty Black 2. John M. Kelley 3. James Skrobarczyk, Sr. 4. Vernon A. Wuensche BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Profile J. First Na 77 Ern imp , ics Middle as Name Lfr; Initis! Boards wouldyou like to far? Which zMlr d..7",...07/:/- What diirict de you live kir? Please CLICK HERE for a map to veri'y your district assignment. tt,b rU.lr M//,07,fg ordAdtfrexs- Street Address and Suite Number ai;/,5 £f jWorkA City K WorkAddress - State 73//// WorkAddress- Zip Code Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticaipurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. 1/1/ LAI �K`t r;ender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. Agree Oath I swear that all of the statements included in my application are true and correct. Y I Agree Work Phone Jf Work -mail address reterred Martin Addre �•X 6 753 .Tr' aS s.7i Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) fps s o45Y 'wee. Registered Voter?�c- 0 No Current resident of the city? s Q No Upload a Resime Please upload any additional supporting documents Name: Address: City: City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics Board Member of Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest: I/ I have no conflict of interest to report. I have the following conflict(s) of interest to report: I hereby certify that the information set forth above is true and complete to the best of my knowledge. Signature: 1 Date: Rev. 9/15/2015 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Profile Mr Prefix Richard First F u rr e J Bums Middle Last Name Initial Suffix Which Boards would you like to apply for? Ad Hoc Residential Street Infrastructure Advisory Committee 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Ah Alinear Solutions, LLC Principal Consultant (Owner) Employer Job Title 7618 Bon Soir Drive WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress- Stale 78414 WorkAddress - Zip Code Suite or Apt 877 551-5541 Work Phone richb alinearsolutions.com Work Email address Home Prelerred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, I have submitted application, but there has not been a vacancy Education, Professional and/or Community Activity (Present) BA, University of North Carolina, Chapel Hill; MBA Aubum University, Alabama Member: Corpus Christi Chamber Commerce, Hispanic Chamber Commerce, Coastal Conservation Association Coastal Bend Society of Human Resource Managers, Volunteer at Driscoll Children's Hospital Registered Voter? Q Yes No Current resident of the city? Q Yes NO Three years It yes. how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. White Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. x❑ !Agree Oath I swear that all of the statements included in my application are true and correct. I Agree October 22, 2015 Members City Council Corpus Christi, Texas Dear Council Members, I am requesting that you consider me for membership of the Ad Hoc Residential Streets Infrastructure Committee. I have contacted several of you separately and I have also met with Andy Taubman in discussing the details of a plan and we are in agreement on an approach in terms of concepts and details. I have very strong feelings on the critical nature of this effort and I see it as key to the future success of our community, and the wonderful people of the Coastal Bend Region. Strengths from my background include strategic perspectives gained from 27 years of successful service in the Navy including leadership of a carrier -based air wing and a large Navy base that included a deep water port and an a high traffic airfield: Naval Air Station Pensacola, Florida. Additionally, I have over fifteen years of successful experience in the private and public sectors including—most recently—Associate Athletics Director at the University of Texas at Austin where I was involved in highly visible and sensitive change management transitions. I led a multi-million dollar software project in the private sector requiring teamwork and a high degree of coordination across diverse groups and stakeholders. I have experience in achieving results where clarity of purpose and collaboration are required. I am attaching my CV for your convenience and I would look forward to talking to each of you regarding this important role. Rich Burns PERSONAL INFORMATION RICHARD 1 BURNS ("RICH") EDUCATIONAL BACKGROUND Auburn University MBA University of North Carolina, Chapel Hill BA Summary: Accomplished executive with extensive experience in the private and public sectors, marshalling support and advocacy for ideas/concepts and leading major change. Experience as Base Commander, Naval Air Station Pensacola Florida managing the operations of a large port and airfield plus serving the needs of over 70 tenant activities. Managed budget of 560M. Served as regional commander for environmental matters working closely with regulatory agencies. Most recent experience as Associate Athletics Director for the University of Texas NCAA Division 1 Athletics Department, providing extensive support and direction for the transition of a new Athletics Director. Key leader in developing strategic planning effort, metrics, goals and measurement systems. Skilled in administrative office systems, MS Word, Excel, PowerPoint, Outlook. PROFESSIONAL EXPERIENCE ALINEAR SOLUTIONS OF SOUTH TEXAS February 2015 to Present Corpus Christi, Texas PRINCIPAL CONSULTANT Provide management consulting on all strategic human resource services to clients in private business and government entities: executive and manager coaching; workforce planning, organizational effectives reviews, staff development, staffing and recruiting, strategic planning. Consult on employment law compliance and litigation avoidance Develop policies in compliance with laws, rules and policies. Perform audit on effectiveness of HR functions and efficiency reviews of employee roles and relationships. THE UNIVERSITY OF TEXAS AT AUSTIN 2000 to Present Austin, Texas The University of Texas at Austin is the Flagship of the University of Texas System The University is a highly complex organization with approximately 50,000 students and 23,000 employees. In addition to the main campus, there are other research and satellite facilities in Austin as well as the MacDonald Observatory in Fort Davis, Texas and the Marine Science Institute in Aransas Pass The University is one of the largest institutions of higher education in the country. ASSOCIATE ATHLETICS DIRECTOR Lead and Manage all human resources functions for the NCAA Division I Athletics Department—a staff of 400 permanent employees and 700 part time and temporary employees. Major departments include finance, facilities operations and maintenance, sports administration, event operations, communications, marketing and the Longhorn Foundation (fund raising), the Erwin Center entertainment facility. Served as member of the executive staff, participating and facilitating strategic planning and accountability systems. Experience in SWOT analysis (strength, weakness, opportunities, threats) Experience ensuring financial resource requirements are linked to goals and objectives and tracking progress of goals and objectives of each business unit. BLUE CROSS AND BLUE SHIELD OF FLORIDA 1995-2000 Jacksonville, Florida Blue Cross and Blue Shield is the largest health insurer in Florida ---9000 employees ---home based in Jacksonville with offices in Miami, Tampa, Orlando and Pensacola. It is rich in technology and human systems required to service the health insurance needs of its millions of members DIRECTOR, HUMAN RESOURCES INFORMATION SYSTEMS & PROJECTS Had hands on leadership accountability for the implementation of PeopleSoft HR and Payroll (HRMS). $10M project encompassed employee administration, benefits, compensation and payroll. Project (Phase I) was completed on time and under budget 30 project team members reported to me through a project management office (PMO). Cross functional team consisted of HR and Payroll professional staff, IT technical and systems integration partner --KPMG. Recognized for Ieadership and results. UNITED STATES NAVY Numerous leadership assignments and achievements as a successful career Navy Pilot flying advanced fighter jets aboard aircraft carriers. Experience included 5000 flight hours and flying operational missions during hostilities. Served as Squadron Commander, Deputy Carrier Air Wing Commander and Targe base commander (Pensacola Naval Air Station). Extensive experience planning and leading complex operational missions involving international agreements and interservice coordination. During career, consistently rose to positions of increased accountability and leadership in an organization that is complex and mission oriented in a global perspective. Experience developing strategic plans in the Office of the Chief of Naval Operations. Experience in procurement of strategic weapons systems. Highlights follow: COMMANDING OFFICER NAVAL AIR STATION PENSACOLA Pensacola NAS has a Iarge airfield, deep water port facility and 75 tenant activities. 15,000 civil service and military personnel stationed on board. Responsible for strategic planning, budget (560M), infrastructure support, safety, security, environmental programs and community relations. Personally recognized for leadership in promoting innovative environmental initiatives which required unique collaboration among several diverse commands. Served as regional coordinator for Public Relations and Disaster Preparedness Planning. Base was recognized as one of the best run installations in the Navy. Deputy Commander, Carrier Air Wing Fourteen Strike Air Wing Fourteen, stationed aboard USS Constellation. Responsible for all aircraft and associated support personnel (2500 sailors) based aboard a Targe aircraft carrier. Responsible for mission readiness and operational effectiveness of people, material status of high performance aircraft, operating budgets, safety, and compliance with a multitude of policies and directives governing military operations and flight standards Direct reports included nine squadron commanding officers. Planned, coordinated and led numerous international operational missions including Sultan of Oman Air Force, Pakistani Air Force, Royal Australian Air Force; support of operation Earnest Will (freedom of shipping lanes in the Straits of Hormuz), Northern Arabian Sea Operations and Northern Pacific operations in the Bering Sea. Commanding Officer, Attack Squadron Twenty -Two Lead/manage all aspects of a Navy Attack Squadron. Squadron was recognized for excellence in battle operations (Battle "E"), safety and maintenance. Flew operational missions during hostilities, Staff, Chief of Naval Operations, Strategic and Theatre Nuclear Weapons Responsible for development of strategic planning in the area of military operations and communications, integration of strategic delivery systems across Navy and Air Force Assets. Served as stafFresource for Strategic Defense Initiative. Designated as a Political -Military Specialist. COMPETENCIES: Highly developed interpersonal skills; excellent communicator; leadership development,; staffing; budgeting; budget management; high level of expertise in information systems: MS Office (Word, PowerPoint, Excel, Outlook). Excellent presenter and trainer. Problem solving. Facilitating meetings with critical conversations. Trained in the Oz Principle (accountability systems) and Disney Customer Service concepts. Financial planning, budget management. City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics Name: Richard Bums Address: City: Board Member of: Ad Hoc Residential Street Infrastructure Advisory Committee Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest: XXX I have no conflict of interest to report. I have the following conflict(s) of interest to report: I hereby certify that the information set forth above is true and complete to the best of my knowledge. Signature: Date: 10/2 Z-1 l� 1 Rev. 9/15/2015 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Submit Date: OC,kher (; 2_015 Status: S,ru.oinr,ecf Profile Toby Fast Name Email Addres Middle Initial Hammett Futrell Last Name Suffix Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION Al) H -o C RJ S I SEN T i *1 L T 1-; GT INFRA -5 rtz.LtC r L-2 V'l sor treet res Citi District 4 What district do you live in/ Please CLICK HERE for a map to verify your district assignment Employer Job Tirlo WorkAddress - Street Address and Suite Number WorkAddress- City TX WorkAddress- State Suite or Apt ware Postal Code Please upload any addo iional ducxntnts Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath WorkAddrers• Zip Code Work Phone Work E-mail address Preferred Marling Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes. CC, RE flL Education, Professional and/or Community Activity (Present) MBA @ Texas State University, 32 years of government and municipal management experience- retired as City Manager of Austin, Texas; managed the 15th largest city in the nation with 12,000 employees and a $2.5 billion budge; taught MPA Program at UT LBJ School of Public Affairs for 7 years; currently teaching an MPA program at TAMUCC; Consulting on management, budget and economic development with a number of private and public entitites Registered Voter? SiYes 0No Current resident of the city? p Yes 0 No 7 If yea how many years? Toby Futrell_Resume.pdf Upload a Resume I swear that all of the statements included in my application are true and correct. ® !Agree 2009 to 2012 2001 to 2008 Toby Hammett Futrell Work Experience Professor & Consultant Texas A&M Corpus Christi University > Teaching undergraduate political science and graduate public administration courses > Teaching coursework through the Texas Certified Public Managers Program Contributing author for textbook, Strategic Public Management, published February 2010 Management Consultant > Providing management, economic development, budget & financial services for public entities and municipalities :- Performing management and performance audit for Texas State University City Manager Austin, Texas r Chief Executive Officer of the fourteenth largest city in the nation, with a population of over 750,000 Managed a municipal workforce of over 12,000 employees with an annual operating budget of 82.5 billion and an annual capital budget ofS500 million > Administered a full-service city including all general government services, as well as enterprise services such as a watery wastewater utility, electric utility, airport, public hospital and primary health care clinics, convention center and solid waste services A ccomplishments Operated a city consistently ranked as one of the top three U.S. cities in which to live, work or play; start a business, grow a business or retire Recognized as the fourth safest major city in the nation . Recognized for providing superior drinking water treatment, providing the top three cleanest potable water in the U.S. Recognized for spearheading and completing a 8300 million overhaul to the region's wastewater collection system to eliminate Sanitary Sewer Overflows (SSOs) from over 2300 miles of wastewater pipes, listed in Forbes as one of the top ten North American Infrastructure projects of the last 75 years by the International Right of Way Association Ranked as the strongest economic region in the country based on low unemployment rates and the high job growth Steered Austin through the economic downturn, managing a 25% reduction in the General Fund budget while keeping the tax rate down, increasing financial reserves and achieving the second highest possible General Obligation bond ratings Led the City's homeland defense response post -September 11d' achieving recognition as one of the 12 best -prepared cities in the country > Managed the care and transition of 56,000 evacuees from Hurricanes Katrina and Rita Negotiated a six -block redevelopment agreement that created Austin's new City Hall and thriving Second Street Retail District Opened a state-of-the-art Combined Emergency and Transportation Center :- Launched the mixed-use redevelopment of over 700 acres at the old Mueller Airport to include a new Central Texas Children's Hospital and the start of a new regional medical school in conjunction with the University of Texas > Negotiated a S5 billion expansion of Samsung for a 300MM fab, the largest foreign capital reinvestment in technology in the U.S. • Opened a number of key recreational and cultural facilities, including the City's first skateboard park, the Long Center for the Performing Arts, the Carver African American History Museum and the Mexican American Cultural Center • Implemented a number of key system improvements including: ✓ 3-1-1 Call Center creating 2417 access to city services > new citywide financial system > automated land development permitting and review system ✓ state -of -the -an, public safety computer-aided dispatch and automated vehicle location system > mobile data computers in all of our public safety vehicles > Streamlined the land development process and consolidated 12 departmental functions into a One Stop Shop for land use and development issues • Received the coveted national Gold Medal Parks Award for the Best Large City Parks System in 2006 > Achieved Parks Department accreditation in 2007, the only major City in Texas to achieve accreditation > Selected to train U.S. Army Officers being deployed to Iraq on the nuts and bolts of city administration and management of city infrastructure, and provide reach back resources and technology to problem solve issues on the ground in Iraq since 2004 • Created an award-winning wellness program, the PE Program, that has significantly reduced health claims coverage and sick leave use among participants saving 5750,000 annually • Developed the Austin City Employee (ACE) Award and Recognition Program 2003 -- 2008 Professor, University of Texas LBJ School of Public Affairs • Taught graduate level courses on Urban Policy and Local Government for six years > Provided corresponding management intern program in municipal management Accomplishments > Received the 2008 Most Valuable Graduate Course & Instructor student award at the UT LBJ School of Public Policy 2000 2001 Deputy City Manager Austin, Texas Responsible for functional oversight of all City operations and for cross -functional problem solving, including direct oversight of the following departments: `r Austin Police Department > Austin Fire Department 2 1996 — 2000 1993 -1996 "r Emergency Medical Services ✓ Office of Emergency Management > Municipal Court > Downtown Community Court Accomplishments ✓ Increased public safety staffing levels > Negotiated public safety labor contracts `r Installed video cameras on all patrol vehicles and outfitted all patrol officers with Iess-than-lethal weapons, such as tasers and bean bag shotguns • Developed and implemented a citizen oversight process for police, including the creation of a Police Monitor's Office > Created the Downtown Community Court to provide alternative sentencing options for quality of lifc and substance abuse violations Assistant City Manager Austin, Texas Direct oversight of the following departments: > Public Works and Transportation > Water and Wastewater Utility > Development Review and Inspection > Drainage Utility Department > Planning, Environmental and Conservation Services > Economic Development Accomplishments > Developed and implemented the City's Smart Growth initiative, including the creation of the City's Desired Development Zone and the Drinking Water Protection Zone > Led the largest populated annexation in the City's history, impacting 8 Municipal Utility Districts and 5 Emergency Services Districts > Created the City's first Drainage Master Plan • Negotiated to bring primary employers into the City's Desired Development Zone, such as Tivoli, Computer Sciences Corporation, Dell Manufacturing, and Motorola > Began the City's Neighborhood Planning Process > Purchased our City's first 20,000 acres of water quality protection land > Negotiated a 100 -year supply of municipal drinking water Assistant to the City Manager, City Manager's Office Austin, Texas Served as the City Manager's Chief of Staff with management responsibility for: Electric Utility > Brackenridge Hospital > Human Resources Department 3 1991 - 1993 Parks and Recreation Department > Neighborhood Housing > Law and Intergovernmental Relations > Public Information Accomplishments > Automated the City Council agenda process ▪ Created an automated workflow system for handling citizen follow up in the Constituent Services Division > Developed the City Manager's Affordabiliry-Straregy that increased supervisory spans of control and provided for citywide activity -level efficiency and effectiveness audits > Managed a citywide compensation review Executive Assistant to the Deputy City Manager, City Manager's Office Austin, Texas Provided the full range of professional and administrative assistance to the Deputy City Manager in the daily management of the Health and Human Services Department, Brackenridge Hospital, Electric Utility Department, Water /Wastewater Department, Austin Police Department, Convention Center, Visitors Bureau, Human Resources Department, Information Systems Department, Law, and Finance Department. Accomplishments Provided key research for and authorship of planning documents, Strategic Choices and Strategic Partnerships Audited joint Humane Society and City of Austin Animal Shelter operation resulting in major organizational and structural change, including a change in euthanasia methods 1989 - 1991 Senior Auditor, City Auditor's Office Austin, Teras Responsible for planning, conducting, and supervising citywide and departmental audits, to include performance, compliance, and financial audits Accomplishments > Designed and implemented citywide cash -handling policy and safety training > Conducted citywide training on performance measurement systems and internal control procedures • Developed fraud investigation protocols and policies 1976 - 1989 Health and Human Services Department Austin, Texas Held a variety of progressively responsible positions on both City and State payrolls within the Health and Human Services Department. Positions included: "> Manager of Administrative Services, Environmental Health Services Division > Senior Budget Analyst, Budget and Research Unit - 4 Quality Assurance Analyst, Quality Assurance Unit Acting Manager of Accounting Services, Financial Management Unit i Administrative Technician, State Tuberculosis Control Program Professional Acknowledgment and Awards ▪ 2009 Central Texas YMCA Woman of the Year Nominee ▪ 2008 Student Choice for Most Valuable Graduate Course & Instructor at LBJ School of Public Policy 2008 U S Army Public Service Medal %- 2008 Austin Independent School District Hall of Fame 2008 Secretary of Defense Employer Support Freedom Award ▪ 2007 Local Government Administrator of the Year from the Texas City Manager's Association 2007 Hospitality Industry Achievement Award from the Austin Hotel and Lodging Association • 2007 Austin Partners in Education Chairman's Award from the Greater Austin Chamber of Commerce ✓ 2007 Workforce Champion Employees' Choice Award selected by City of Austin Employees r 2007 Commander's Certificate from both the I st Calvary and 4a' Infantry Divisions for Military Support (received each year since 2004) r 2006 YWCA Woman of the Year for challenging racism and empowering women 2006 Government Panner of the Year from Greater Austin Hispanic Chamber of Commerce for support to Hispanic businesses r 2006 Guardian Award by the Central Texas Humane Society r 2006 Chairman's Award from the Austin Area Urban League for support to the African American Community v 2005 Distinguished Service Award from the Chinese Society of Austin • 2005 BIG Austin (Business, Investment, and Growth) Board of Directors' Award for support to small and minority businesses r 2005 Chairman's Award for promoting education as the foundation to economic progress from the Greater Austin Chamber of Commerce 2005 Austin Travis County Emergency Medical Service Provider Award for support of the emergency medical services in the Austin area Professional and Community Affiliations y Saint Edwards University, New College Board of Directors Fellows Program, University of Texas School of Law, Center for Public Policy Dispute Resolution International City County Management Association Texas CityyCounty Management Association r Urban Land Institute American Planning Association 5 May 1991 Academic Distinction May 1988 3.9 GPA Education Southwest Texas State University San Marcos, Teras Master of Business Administration St. Edward's University Austin, Texas Bachelor of Liberal Studies, with a Business Management Curriculum Earned 100 percent of graduate and undergraduate school expenses Professional Training: > 320 Continuing Professional Education hours from the USDA Graduate School in Governmental Auditing > 60 hours in Certified Fraud Examination > 140 hours in Certified Mediation and Negotiation Training at the University of Texas Law School Summary of Qualifications > Thirty-one years of public service in local government, promoting through the ranks from an entry level position to City Manager of the 14a' Iargest city in the nation > Fifteen years of progressively responsible executive experience in providing the basic services of a municipality, including public safety, public works, parks, libraries, economic development, land use and development, intergovernmental relations, and environmental protection > Thirteen years of experience in the public health and social service arena > Twelve years of utility, development, land use & urban planning experience, including capital investment project management • Eight years of expertise in labor negotiations and collective bargaining > Six years of graduate -level teaching experience at the LBJ School of Public Affairs at the University of Texas at Austin > Strategic planning expertise in a large, complex organization > Experienced in performance, compliance, and financial auditing, as well as fraud, waste and abuse investigations > Proficient in finance, budgeting, program evaluation, and statistical analysis > Adept at the development and implementation of internal control and performance measurement systems > Certified in mediation and negotiation techniques > Effective communicator, both written and oral, with extensive national public speaking experience such as Governing Magazine's annual conferences, the International City/County Management Association conferences & Government Innovations Expos 6 Name: Address: City: City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics Hfq-inin &1i CA_-TR6L Board Member of: 'ride 1�t51 i1 --\-0Fe' -Ct-Lk. �. I u1.soRj CoMM1TT"F . Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest: I have no conflict of interest to report. have the following conflict(s) of interest to report: I hereby certify that the information set forth above is true and complete to the best of my knowledge. Signature: Date: U je)._A) 1 Rev. 9/15/2015 Oct 22 15 09:41a Jerry Garc.a 3619373744 p .1 BIOGRAPHICAL INFORMATION FORM FOR A CRY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Profile Prefix Fist Name Middle Las Name Suffix Initial Which Boards would you like to apply for? Rd fti= ck-e 44507 Ah7'fL — Whato district do you give;, Please CLICK HERE for a map to verify your district assignment. Primary Phone Sui z_erni Alte ate Phe ic. Employer' c • ��-� s F• c D Job T Ile /AR freli `T T ¢ WarkAri dress - Street Address and Sul to Number r , 14--5 WorliA. rens - City Wo ddre - Stage ___7(fY/ei WorkAddress- Zip Cede Oct 2215 09:41a Jerry Garcia 51 I- ''i_ 374' Work Phone Work E-mail address Preferred Mail. ng Address 3619373744 p.2 Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Mce c e 5 6l,i 7 vf{-iSq- (7? Education, Professional andlor Community Activity (Present) Registered Voter? (Xs 0No Current resident of the city? YS. If yes, how m y years'' Upload a Resume Please upload any add.11onal srpporeng documents Oct 22 15 09:41a Jerry Garcia 3619373744 p .3 Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Elhricily Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and comrnissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2.61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. 1 also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. Oath I swear that all of the statements included in my application are true and correct. Oct 2215 09:41a Jerry Garcia 3619373744 p.4 City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics Name: c't l"t2PC(SfTl2Cr1- Address: / 46' fY City: e ♦ 46. State: Zip: 76 Z./ � nn 7CPleBoard Member of: _/iiueces 51+7 S 747t -74 - Please ase describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest: have no conflict of interest to report. I have the following conflict(s) of interest to report: hereby certify that the information set forth above is true and complete to the best of my knowledge. Signature: Date: ! A'Z t Rev. 9/15/2015 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Profile Mr Alan A Guggenheim Which Boards would you like to apply for? Ad Floc Residential Street Infrastructure Advisory Committee District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Sensible EMS Employer 8157 Marseille Drive WorkAddres- Street Address and Suite Number Corpus Christi WorkAddrew - City TX WorkAddress - State 78414-6049 WorkAddress- Zip Code Chairman and CEO Job Tile Suite ortitpt 361-442-2362 Work Phone Alan.Guggenheim@sensiblecare.org Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) BS, U. Paris, 1971; MSCE Civil Engineering, Ecole Speciale des Travaux Publics (Public Works Engineering School), Paris, 1975; grad., French Command -Gen. Staff Res. Coll., 1981. Asst. prof. math. Nat. Sch. Arts and Architecture, Paris, 1972-75; Civil engineer SRC (Road construction - Group Shell), Paris, 1976-77, French Antilles, 1977-78; CEO C.R.P.G., Pointe A Pitre, Guadeloupe, 1978-81; CEO. San Joaquin Software Systems, Inc., Stockton, Calif., 1982-86, CIS, Inc. Newbury Park, Calif., 1983—; CEO NagraStar, Englewood, Colo., 2000-07; EVP Kudelski Group, Executive Board Member, Switzerland, 2003-07; Chairman Nagra USA, Inc., 2004-07; CEO Open TV, 2007; CEO Sensible EMS, 2011—. Bd. mem. Sucmanu, Paris, 1976-82, OpenTV, 2007; bd. organizers Pacific State Bank, Stockton, CA, 1985-87. Mem. French Reserve Policy Review Bd., Paris, 1971-77; bd. mem. US Navy League, Corpus Christi and Kingsville, President Elect Rotary Club, Kingsville, TX, Member of the Board, Treasurer Kings Crossing HOA, Corpus Christi 2015, candidate Rep. 37th Assembly Dist., CA; mem. cen. com. Calif. Republican Party, 1992-2001,member board Chamber of Commerce, Kingsville, 2014-. Ret. maj. French Army, Armor. Recipient Gold Medal Omnium Technique Holding, 1975. Fellow Engr. and Scientist France; mem. AAAS, AD PA, Assn. U.S. Army, Navy League, Rotary, Knights of Columbus. Registered Voter? pYes ONo Current resident of the city? CI Yes O No 4 If yes how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Prefer not to Answer E hricity Male Gendai Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath I swear that all of the statements included in my application are true and correct. ® !Agree City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics Name: Alan Guggenheim Address: City: Board Member of: N/A Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest: _X_ I have no conflict of interest to report. I have the following conflict(s) of interest to report: I hereby certify that the information set forth above is true and complete to the best of my knowledge. Signature: Date: 10/22/2015 1 Rev. 9/15/2015 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Profile Atilano Firs Name Which Boards would you like to apply for? Javier Huerta Middle Last Name Initial Ad Hoc Residential Street Infrastructure Advisory Committee Su flax Street Addr'55 District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 361.884.3295 Pamary Phone Alternate Phone CLK Architects & Associates Inc. Vice President Employer ,lot Tide 615 N. Upper Broadway Ste. 1250, C.C. TX 78401 WorkAddress - Street Address and Suite Number Corpus Christi WorkAddress Cly Texas WorkAdd ess Slate 78401 Address- Zip Cu de Suite or Apt 361.884.3295 Work Phone jhuerta@clkarch.com Work E-mail address 615 N. Upper Broadway Ste. 1250, C.C. TX 78401 Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) CLK Architects & Associates - Architect London ISD - Trustee CC Chamber of Commerce - Board Member Kitty Hawk HOA - Chairman Registered Voter? Yes Q No Current resident of the city? NZYes 0 No 33 yrs If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information. you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Elhnic1ty Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. j I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ij I Agree Oath I swear that all of the statements included in my application are true and correct. V 1 Agree Name: Address: City: City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics Atilano Javier Huerta Board Member of: N/A Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest: X_ I have no conflict of interest to report. I have the following conflict(s) of interest to report: I hereby certify that the information set forth above is true and complete to the best of my knowledge. Signature: Date: 10/22/2015 1 Rev. 9/15/2015 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Profile M Prefix J; %1Y1 First Name N1 Ke(1.sj Middle Last Name Suffix InldnI Em• Which Boards would you like to apply for? Ad Hoc Residential Street Infrastructure Advisory Committee Stre Suite or Apt City What district do you live n? Please CLICK HERE for a map to verify your district assignment. S eAfEmployer 5wwle as hdue WorkAddress- Street Addressand Suite Number WorkAddress -City WorkAddress - State WorkAddress- Zip Code Alternate Pnone C-4:449 u draM1 Job Tide 5 &S 0.140,2,02 Work Phone cA-46( e atocyp-e Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: e2 0 35- G 1 -ei is Mei vNa,�C rcr i .ee Education, Professional andlor Community Activity (Present) 6S N,31r /4raf°� f.,vt.e,r ELI roe Woto tior Cde riv (Pa f, to eLas �� 01,..46e4� Qa.l� �cs,•�ca�rtwao� rK; v,c.7 Registered Voter? e -Yes 0 No Current resident of the city? s 0 No 1f yes, haw many years? Upload a Rearme Please upload any additional mipponing documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Et.lnicity /14.&_ Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part 'of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. !Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ree Oath I swear that all of the-e,errciuded in my application are true and correct. Name: Address: City: City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics John M. Kelley Board Member of: Infrastructure Committee Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest: X 1 have no conflict of interest to report. I have the following conflict(s) of interest to report: I hereby certify that the information set forth above is true and complete to the best of my knowledge. 1 Date: /0/-Z C Rev. 9/15/2015 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Profile Rex Prefix Firs Name A Kinnison Middle Las Name Suffix Initial Which Boards would you like to apply for? Ifnoapplicable, youease indicate which Council member is Ad Hoc Residential Street infrastructure Advisory Committee City Two What disnct do you live in? Please CLICK HERE for a map to verify your district assignment. Alternate Phone Kinnison & Co Owner Employer Joh Title 4405 Driftwood PI WorkAddress - Street Address and Suite Number Corpus Christi WorkAddress- City TX WorkAddress- State 78411 WorkAddress- Zip Code 361-816-8867 Work Phone rkinnison @ kinnisonco.com Work E-mail address rexakinnison@gmail.com Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Vlo Education, Professional andlor Community Activity (Present) v eDr S.‘.\ Y11-1 t�S ‘.sS .'N c) Registered Voter? ® Yes o No Current resident of the city? d Yes ti} No If yes how many yea Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticaipurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ®,IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. LK lAgree Oath I swear that all of he statements included in my application are true and correct. 177, Name: Address: City: City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics T\ e. Q \c<_; v. r. -1 S c. vl Board Member of: CA \A c.. CRs', ,p..N., n.\ Sow ae% &,..I «% C0"ri. e --ac Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest: I have no conflict of interest to report. have the following conflict(s) of interest to report: I hereby certify that the information set forth above is true and complete to the best of my knowledge. Signature: A- r - Date: /G /sv.a/IS 1 Rev. 9/15/2015 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Profile Mr. David C Loeb Mem r rtt Hanle N+ddle tag Nome FrA4 Which Boards would you Ince to apply for? Ad Hoc Residential Street Infrastructure Advisory Committee 2 YVtal rr an CI do you WHe n Please CLICK HERE tor a map to verify your district assignment SeIULandlord Resources trivia*, 3833 South Staples Suite S116 VMraAddI • Smoot Addtem. and 5uate NIJfnDer Corpus Christi Vhxanddte$ • C ry Texas VNMaAMdterrC lase 78411 V.braAddres Z o Code MemberlPresident Job T rle Scare oriot 361-857-8991 Y.b!M Pnone same Wont • a addneyt work r nate Ted Ma.1 ng Adtlres Interests & Experiences Do you currently serve on any other City board, commission or committee at this tine? If so, please list: No Education, Professional andfor Community Activity (Present) Ray High School, BA in Economics and Government Skidmore College Texas Real Estate Agent Liscense Former Planning Commissioner, At -large City Councilman, Chariman of DMD, Board of Adjustment Member. Chamber of Commerce Infrastructure Committee, DMD Infrastructure Committee, Chamber Street Committee. Operates 364,008 square feet of Commercial Real Estate in Corpus Christi. First job was filling potholes. Registered Voter? x Yes No Current resident of the city? x Yes Na 34 If ye; haw malt years? Upload a Reorne Please upload any additional srpportnq documents Demographics Completion of this information is VCLUIYFARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. White Cryl c ry Male Genaer Verification City Code Requirement As a board, commission, or convnittee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and coir missions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its neat meeting after the absence. ® !Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. II also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all fiabifity whatsoever if the information must be released pursuant to the Public Information Act. ID (Agree Oath I swear that all of the statements included in my application are true and correct. x I Agree City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics Name: David Loeb Address: City: Board Member of: Ad Hoc Residential Street Committee Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest x I have no conflict of interest to report. I have the following conflicts) of interest to report: I hereby certify that : info atiop set forth above is true and complete to the best of my knowledge. Signature: 1 Date: I0-22 .. is Rev. 9/15/2015 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Profile Tim Lynch Middle Last Name Suffix Initial Which Boards would you like to apply for? Ad Hoc Residential Street Infrastructure Advisory Committee city 4 What distnct do you live in? Please CLICK HERE for a map to verify your district assignment. AIM Ainsworth Trucking Safety Coordinator Employer job idle 4599 Hwy 77 WorkAddress- Street Address and Suite Number Robstown WorkAddres - City TX WorkAddress • Slate 78380 WorkAddress- Zip Code 361-241-0616 Work Phone safety@ainsworthtrucking.com WorkE-mail address Preferred Mailing Address Interests & Experiences Do youcurrently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BS, Business Administration, Roger Williams University 1985 Retired Marine Corps officer Registered Voter? q/%es 0 No Current resident of the city? 'Yes 0 No 3 !ryes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. RI Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 'I Agree Oath I swear that all of the statements included in my application are true and correct. I Agree Timothy P. Lynch Curriculum Vitae Personal Information: Education: Current Position Career History: Nationality American Residency United States B.S Business Administration, Roger Williams College, Bristol, RI 1982-1983 A.S. Medical Technology, George Washington University, Washington, IDC 1981-1983 Ainsworth Trucking, Corpus Christi, TX September2014 - Safety Coordinator • Responsible for planning, establishing, implementing, and maintaining a variety of health, safety and environmental programs to assure the highest possible degree of safety for employees. Free Range international Consulting Services, Lincoln City, OR March 2013 - September 2014 Owner/Operator • Provided consulting services with an emphasis on threat assessments to companies who were competing for USAID contracts in Afghanistan Southwest Medical Strategies, Corpus Christi, TX August 2012 February 1013 Special Projects Manager • Responsible for research, contracting and implementation of special projects, specifically the transition to electronic medical records and the installation of computer based X-rays and laboratory services. Atmospherics Consulting Services, Kabul, Afghanistan Operations Manager • Responsible For overall management of ACS day-to-day operations • Oversaw all field research operations and analysis in the Northern, Eastern, Central Highlands, and Western Regions of Afghanistan. December 2011- August 2012 Central Asia Development Group, Lashkar Gah, Afghanistan Regional Manager (Southwest) April 2011 - November 2011 • Responsible for supervision the overall of development and implementation for the USAID Community Development Program in Helmand and Nimroz Provinces • Drafted and implemented all civil engineering project plans, conducted all local national paydays and ensured that every project was completed on time and on budget. These projects included the complete refurbishment of every district canal system in the Province as well as the construction of a regional sports stadium in the capitol ofZaranj. • Oversight of information collection regarding local dynamics, insurgent and other AGE composition, their disposition as well as the implementation of security procedures and measures for local and international personnel CI -IF International, Jalalabad, Afghanistan January2010 - March 2011 Country Security Manager • Responsible for collection and analysis of relevant information • Responsible for developing and implementing security plans for all CHF projects in Afghanistan • Developed a low profile security plan which was able to return 85% of the USAID FAST program security budget to the project which increase delivery of services to program recipients Central Asia Development Group, Jalalabad, Afghanistan Regional Manager (East) • Responsible for the implementation of USAID Community Development Program (CDP) in Nangarhar, Kunar and Gardez Provinces March 2009 - December2009 • Drafted and implemented all civil engineering project plans, conducted all Local national paydays and ensured that every project was completed on time and on budget, • Oversight of information collection regarding local dynamics, enemy composition, their disposition as well as the implementation of secunty procedures and measures for local and international personnel Vigilant Strategic Services, Afghanistan February 2006 -January 2009 Operations Manager • Responsible for capturing and running seven projects involving security operations in the Eastern, Central and Northern regions of Afghanistan • Served, Planned and led four (41 long range mobile security teams in support of USAID implementing partners tasked to provide food security assessments in South and West of Afghanistan • Worked as the countrywide security manager for Japan International Cooperation Agency (JICA) in 2006 and 2007 MVM Inc & Global Risk Strategics, Kabul, Afghanistan February 2005 -January 2006 Project Manager - U.S Embassy Guard Force • Project Manager for the 1 IS Embassy Guard Force bridging contract • Responsible for all aspects of the framing, employment, and supervision of a 470 -man international guard force consisting of expatriates, third country nationals, and local nationals • Managed contract from its operational inception, consistently meeting all DS requirements at all times Global Risk Strategies, Baghdad, Iraq October2004- January 2005 Operations Officer - Operation Vanquish • Responsible for Site Security of the offices and residential compounds of the President, and Vice President of Iraq • Responsible for the "Civil Affairs Compound" which contained the living quarters of the Prime Minister of Iraq, and various other tier -one VIPs • Daily interaction with various Chiefs -of --Staff for the President and Vice Presidents of Iraq Dugway Proving Ground, Dugway, Utah January 2002 - October2004 Program Manager - WMD Civil Support Team/First Responder Training • Employed by Battelle Memorial Institute as program manager and project scientist for National Guard WMD training programs • Project Manager and lead scientist on the Biological Warfare portion of the National Guard Weapons of Mass Destruction Civil Support Team laboratory training program • Project Manager and lead scenario writer on two Regional Training Exercises involving more than 65 federal, slate and local agencies • Project Scientist for classified SOCCOM funded signature recognition project Front Sight Firearms Training Institute, Las Vegas, Nevada October 2000 -January 2002 Range master • Responsibilities include platform instruction in one, two, and four-day pistol and submachinegun courses.. Member of the Nye County, Nevada Sheriffs SWAT training team United States Marine Corps 1985 - 2000 Infantry OJjlcer • Served sixteen years as a commissioned officer, commanding at every rank until retirement in 2000 Participated in three overseas deployments with Fleet Marine Force units, served in instructor billets at both the Basic School and the Infantry Officer Course, and served as the Officer in Charge, Special Missions Branch, Special Operations Training Group, Marine Forces Atlantic. Passed every command screening and promotion board while serving in the Marine Corps. United States Navy 1979 -1985 Hospital Corpsman • Enlisted service highlights include graduation from the Advanced Medical Laboratory Technician course, deploying to Beirut, Lebanon as the Leading Petty Officer of Mobile Medical Augmentation Readiness Team 8, and becoming the first Navy corpsman accepted as an active member of the Bethesda Chevy Chase Rescue Squad. City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics Name: Tim Lynch Address: City: Board Member of: Street Ad Hoc Commitee Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest: X I have no conflict of interest to report. I have the following conflict(s) of interest to report: I hereby certify that the informa • n set fo h above is true and complete to the best of my knowledge. Signature: 1 Date: 4011 /(,-( Rev. 9/15/2015 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Profile Ms. Leah fix Frst N ;m Email Address P Middle Initial Olivarri Las Name Which Boards would you like to apply for? Aft Hoc Residential Street Infrastructure Advisory Committee District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment 361-884-5000 x21 Primary s=hone Olivarri & Associates, Inc. Employer 921 N. Chaparral Suite 210 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress- City Texas WorkAddress- State 78401 WorkAddress-Zip Code President Job T ue Suite arApt 361-884-5000 x21 Work Phone leah.olivarri@olivarri.com Work E-mail address 921 N. Chaparral Suite 210, Corpus Christi, Texas 78401 Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BA, magna cum laude, Mt. Holyoke College, South Hadley, Mass., 1973 MA, University of Texas at Austin, Austin, Tx., 1975 Chair of Corpus Christi Chamber Infrastructure Committee. Board of Coastal Bend Community Foundation. Leadership Corpus Christi, ClassXIII Honoree, YWCA Women In Careers Registered Voter? .7 Yes Q No Current resident of the city? Yes 0 No 46 years If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 0 I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. wiir !Agree Oath I swear that all of the statements included in my application are true and correct. J I Agree Leah Pagan Olivarri, Public Involvement, Planning and Analysis President, Olivarri & Associates, Inc. Education: BA, Mt. Holyoke College, South Hadley, Massachusetts, magna cum laude, 1973 MA, University of Texas at Austin, 1976 Professional Experience: Ms. Olivarri is the sole owner and president of Olivarri & Associates, Inc., a Corpus Christi - based research and planning firm established in 1986. She has over 30 years of diverse consulting and government experience. Her areas of expertise include public involvement and outreach; demographic research; social, economic and financial assessments; management and operational analysis; and planning assistance. Holding an advanced degree in social science, she is knowledgeable in the use of various techniques to engage stakeholders in the planning process and is fully conversant with NEPA processes and requirements. She has conducted a number of socio-economic analyses and assessments and has an in-depth knowledge of the demographics and socio-economic trends in South Texas as well as the state of Texas. She has extensive experience in development of technical documents and presentations as well as outreach to special populations and minority communities. Ms. Olivarri is pre -certified by the Texas Department of Transportation (TxDOT) in Socio -Economic and Environmental Justice Analyses. Ms. Olivarri has directed the public outreach component on numerous transportation projects for TxDOT and other entities. Among other projects, she directed the public involvement, including the public meeting and public hearing process, for the Environmental Assessment for the upgrading of US 77 to interstate standards from the Robstown area through the Rio Grande Valley. She worked on the Tier One EIS for I-69/TTC and facilitated the subsequent 1-69 Segment 1 (East Texas) Committee. She led with the Texas outreach activities and assisted with overall outreach activities for the Corridor Development and Management Plan for the Ports to Plains Corridor. She led the Texas -Louisiana public involvement effort on the National I-10 Freight Corridor Study, a project which involved coordination with Departments of Transportation (DOTs) from eight states. During the State Highway 16 Feasibility Study and the US 83/Port Roads project, the public participation component of both projects involved working effectively with multiple TxDOT districts and divisions. She led the public involvement for the environmental process for a highway project in El Paso. She has directed the public information and outreach activities on a range of projects for different types of entities, including the City of Corpus Christi, the Port Corpus Christi, TxDOT, the Corpus Christi Metropolitan Planning Organization (CCMPO), and the Corpus Christi Regional Transportation Authority. Examples of her project experience include the CCMPO- Nueces-San Patricio-Corpus Christi Regional Parkway Feasibility Study Project, the South Staples Street (Williams -Saratoga) Rehabilitation Project (City), the Port Avenue Rehabilitation Project with Environmental Clearance (City and TxDOT), the Port of Corpus Christi Authority's 1 Feasibility Study, Environmental Assessment and other activities related to the Joe Fulton International Trade Corridor, the Port's and the U.S. Army Corp of Engineers' Environmental Impact Statement for the Deepening, Widening and Extension of the Corpus Christi Ship Channel, outreach related to the permitting for development of the Port's La Quinta International Trade Terminal, the SPID (SH 358) Ramp Reversal Project (TxDOT) and the FM 2444 (Staples)/SH 357 (Saratoga) Median Project (TxDOT). On a number of these projects, she assisted with the development of environmental documents. She was the Project Manager on a Freight and Hazardous Cargo Study for the CCMPO that researched data and conducted interviews and meetings with government officials and other stakeholders in order to help define freight movements within Nueces and San Patricio Counties. She has also worked on water, wastewater and solid waste projects for a number of entities, including desalination feasibility studies, permitting of a major greenfield landfill and decommissioning of a wastewater treatment plant. Ms. Olivarri has organized and managed a number of community/strategic planning efforts which required outreach to economically disadvantaged and Spanish speaking communities. She directed public outreach for the Lower Rio Grande Valley Economic Adjustment Study funded by the US Economic Development Agency and administered by the Lower Rio Grande Valley Development Council. As a part of this study on drainage capital improvement needs in a four county area, she led development of the project evaluation process used to analyze and prioritize over 390 projects totaling over $1 Billion in estimated costs. She led the successful community strategic planning process which resulted in portions of Cameron, Hidalgo, Willacy and Starr counties being designated a federal Empowerment Zone (1994-1995). The development of the update to the four -county Rio Grande Valley Mobility Plan, which she led in 2003, required extensive community and official outreach and involvement in the planning process. Ms. Olivarri has also directed numerous public relations and information efforts for private clients. These projects include major industrial facilities and development projects. She also has managed for activities of non-profit associations including a multi -county group dedicated to securing a Spaceport in Texas. A member of Leadership Corpus Christi, Class XI, she has served on a number of local and state agency boards. She served as a member of the Science and Technical Committee of the Corpus Christi Bay National Estuary Program and the City of Corpus Christi Charter Revision Committee - 2009. As chair of the Infrastructure Committee of the Corpus Christi Chamber, Leah has coordinated with a variety of public officials and private executives to schedule topical presentations to the committee. As a result, she has kept abreast of key issues, including wastewater reuse, plant consolidation, water planning, industrial growth and community master planning. She also serves on the Board of the Coastal Bend Community Foundation and is an investor in the Corpus Christi Regional Economic Development Corporation. In 2009, she was inducted into the Corpus Christi YWCA Hall of Fame. She has published articles and presented papers at a number of regional and national conferences. Her firm, Olivarri & Associates, is certified as a DBE and a HUB by the state of Texas. 2 Name: Address: City: City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics Leah Pagan Qlivarri Board Member of: NIA Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest: _X_ I have no conflict of interest to report. I have the following conflict(s) of interest to report: Subcontractor to provide public information and outreach on city street bond projects and facilitation/strategic planning on desalination project. While I do not see a conflict, if these should be perceived to be a conflict then my firm will cease our subcontracting relationships on these projects. I hereby certify that the information set forth above is true and complete to the best of my knowledge. Signature: Date: 1 Rev. 9/15/2015 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Profile Firs Namr. F Initial ()rate Las Name Sr:tox Which Boards would you like to apply for? , oC Ale e - What district du you live* n Please CLICK HERE for a map to verify your district assignment. Primary Phone ci11^Pg4 oFs _mployer \-1 Go° sP10 ''2o3 Work Address- Street Addr-ss and Suite Number Corp.0 Gk�i �4 WorkAddrew - City Wo rkAddress - S tate '07- 40: kAddreas Zip Code ge5; Cie 0 71 - Joh Title Suitt! orAnt Work Phone CO o,11 � cS c ►M Work E-mail address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no »e - Education, Professional andlor Community Activity (Present) 1�. - GeolJ/ 1.A.A.uerSi4y �� "Texck5 4p1, AAOE, Co 6a.-1- Ylc rtAt 0L--(400rs Registered Voter? 17(es No Current resident of the city? cKes 0 No 2 401 I( yes, how irony year- Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. 414Aih) FIhnucity '.: ent:er Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 'Agree Consent for Release of information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. l/Agree Oath I swear that all of the statements included in my application are true and correct. �I Age KYLE PAPE QUALIFICATIONS: Management of engineers in product and application engineering. Experienced in product development for all drill bit types Management of inventory and product development for a —$600 million annual market with —$100 million in annual sales Experienced In drilling optimization. c. Experienced in data analysis and statistics. EDUCATION: B.S. in Geology; University of Texas at San Antonio EM PLOYM ENT: Current; President, Omega OFS LLC Manage startup of oil field service company dealing in tubular sales and engineering consulting. Develop sales and operations teams for servicing multiple markets in Texas, Oklahoma and Louisiana. March 2012 -Jan 2015; Drilling Solutions Engineering Manager, National Oilwell Varco o Lead product development for PDC bits and downhole tools in the Eagle Ford Shale. ▪ Manage engineering resources and inventory for Eagle Ford shale and GDM offshore market. o Act as technical resource for executive and field sales. ▪ Lead team of district engineers for product development, drill bit and downhole tool reliability management, and career development. 2010 -March 2012; Product Engineering Manager, Smith Technologies (Smith Bits) o Manage team of engineers for product development in US Gulf Coast. o Develop test plans for R&D products in timely fashion. o Facilitate new design ideas to implement into the field. o Provide engineering oversight for inventory of standard and test products. • Act as a technical resource for sales group. 2009-2010; Advanced Service Engineer, Smith Technologies (Smith Bits) In-house engineer for Devon Energy in Houston, TX. Operated with primary objective to reduce drilling cost. Worked on special one off projects for wildcat wells. Drill bit selection and planning for multiple rigs in EastTexas and North Louisiana. Technical resource for drilling team within Devon Energy. 2005-2009; Field Engineer, Smith Technologies (Smith Bits): Roller cone, PDC and Impreg bit product development for East Texas; primarily Travis Peak, Cotton Valley and Bossier/Smackover applications. Evaluation of drilling parameters and drill bit performance. Provide technical support to sales group and customers. 2002-2005; Project Manager, Koch Pipeline Co. Perform cost estimation for development and submittal of Authorization for Expenditures (AFEs) for remediation sites for various petroleum pipeline locations. Coordinate projects with management, engineering, technicians, and field operations to maximize project results. Execute remediation projects for immediate spill response up to medium term remediation. Name: Address: City: City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics /y /e Pape Board Member of: Apel yie j for 5 1r.4eit 4 i N7c Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest: VI -have no conflict of interest to report. I have the following conflict(s) of interest to report: I hereby certify that the information set forth above is true and complete to the best of my knowledge. Signature: Date /.5" 1 Rev. 9/15/2015 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Profile re`i First Name Middle Initial S Aczyk Last Name Which Boards would you like to apply for? Ad Hoc Residential Street Infrastructure Advisory Committee What district o you live in? Please CLICK HERE for a reap to verify your district assignment Primary Phone Sv-r Earployer WorkAddress Street Address and Suite Number Same. Work Address- City WorkAddress - State WnrkAdtfres- Zip Cede Ai .lob Title SVrn £ Work Phone S1-1� Work E mail address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) ,S-27 c z_C%24 (AJ / / e25 /r u "27//n * 62 Registered Voter? Yes 0 No ameeee41-d-P-6,f 54:-/4 7c2 / if �S—f/1•r2 �� Current resident of the city? 2,Yes Q No It yes. how many years? Upload a Resume Please upload any additional supponing documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. 4_1k)AO Flhrncrty Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. lAgree OatIC)\al, .44 f / 1 swe thaf I ed in all of the statements i my application are true and correct. 2/"1 Agree City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics Name: lJ/ !} YS 5g/2-1AW-C- Address: City: Board Member of: Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest I have no conflict of interest to report. I have the following conflict(s) of interest to report: I hereby certify that the information set forth above is true and complete to the best of my knowledge Signature: 1 Date: 4/4-7-AD/z-- Rev. - D/ Rev. 9/15/2015 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Profile Prefix Fjtst Name Middle Initial Last Name Suffix Which Boards would you like to apply for? Ad Hoc Residential Street Infrastructure Advisory Committee ,- What district do you live in7 Please CLICK HERE for a map to verify your district assignment. Alternate Phone • A e7;:vz_ Employer Job Title s- 3( WorkAddress - Street Address and Suite Number _51.4441 irk WotkAddress-Ci WorkAddress - State 7,3 Vol WorkAddress- Zip Code Suite or Apt Work Phone PS/A Q "/ /1..1-% •L`�✓ . Work E-mail address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) - Registered Voter? ®Yes 0 No Current resident of the city? e(Yes 0 No dO ff yas, how many years? Upload a Resume Pleaw upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticaipurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Ethnicity G Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. IAgree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. © [Agree Oath I swear that all of the statements included in my application are true and correct. k° I Agree Richard Dean Stracener Career Objective: A challenging and rewarding career position with a company where my experience can be fully utilized. Prime consideration will be given to opportunities that offer longevity and upward mobility based on outstanding performance. Education: Del Mar College: Corpus Christi, Texas Glendale Community College: Glendale, Arizona Apollo High School: Glendale, Arizona Equipment Mfg. Schools on various makes and models 2010 -Present 2004-2009 1999-2004 Anderson Machinery Company, Corpus Christi, Texas Territory Manager- Dealership selling Grove Cranes, Kobelco/ Excavators, Dressta, Liu Gong Machinery, Bell Articulated Trucks, Bomag Compaction, Milling Machines and Paving, Manitou/Gehl Forklifts Broderson carry deck cranes. Waukesha -Pearce Industries, Inc. Corpus Christi, Texas Sales Representative- Responsible for bringing new business and maintaining existing accounts, leasing and sales of equipment. Territory of Corpus Christi to San Antonio, Laredo and Rio Grande Valley area. Have worked with petrochemical, refinery and commercial construction in (9.4) counties selling Komatsu, Sennebogen, Bomag, Gradall. B -C Equipment Sales, Corpus Christi, Texas Sales Representative: existing accounts, lease and sales of Construction equipment of different makes and models, Dealer for Linkbelt Cranes and Excavator Products 1995-1999 1993-1995 1989-1993 1981-1989 1980-1981 Rental Service Corp., Corpus Christi, Texas Sales Representative -Construction Equipment Rental/Sales Responsible for bring in new business and maintaining existing accounts -lease and actual sales of equipment, also for the job site calls in Corpus Christi, Laredo, and Rio Grande Valley area. Have worked with petrochemical, refinery and commercial construction. ES Lift Truck. Corpus Christi, Texas Sales Representative -Toyota Forklifts, bringing in new Business -leasing and sales of equipment for Corpus Christi surrounding area .Worked with many specialized contractors in the petrochemical, refinery markets ,Port of Corpus Christi and responsible for all of South Texas regions Tejas Equipment Sales & Service, Mc Allen, Texas Sales Representative: Maintained leasing of Construction Equipment, Sales and Service. Involved in community organizations tied closely to our business located in the Rio Grande Valley. F.W. Gartner Co. Houston, Texas (Corpus Christi branch). Outside Sales Representative: Responsible for new sales in the areas of Corpus Christi, and Rio Grande Valley. Sold the service of thermal spraying, machine shop, concrete sawing and core drilling services. PA Inc. Corpus Christi, Texas Sales Coordinator: Organized up to 14 crews for daily locations and included servicing, inclusive of pipe inspections, drill pipe straightening, and pipe coating in Texas ,Oklahoma and Louisiana 1977-1980 Corpus Christi Better Business Bureau. Corpus Christi, Texas Community Relation Director- Responsible for organizing engagements for local organizations as to how to promote, better serve, the community. Brought in new memberships and worked closely with the State Attorney General's Office in order to eradicate the abuse to small business and consumer fraud. Public speaking engagements to business, schools, and colleges. Skills Public Relations, Communications both verbal written, Strong problem solving skills, employee management Time management skills. Finance experience, logistic Skills and knowledge, P&L statements, accounting, Public Speaking, International Sales, Engineering skills associated with machinery and parts of equipment OTHERS Attended several manufacturing schools concerning, compaction, milling, fork lifts, cranes and excavators. Served on Associated Building Contractors for 30 years. Held committee positions on Associated General Contractors Have worked closely with US Military —Aviation, Homeland Security creating specialized equipment for their needs Worked with very complex engineering in the Petrochemical Markets and with the production side in the Eagle Ford Shale Fluent in Spanish. PERSONAL PROFILE: I strive to maintain a professional presence and possess the ability to work well under pressure and within mandated time frames. I communicate effectively and positively with people of diversified backgrounds. Multitasking and having the ability to finish project and task on time. The ability to teach others and be a part of team work efforts, keep on budgets, And be able to give back to the communities. Looking for an aspiring company to work with that may be able to: Utilize my skills and knowledge to the fullest To be a part of making an already great company better Take what l gain and give back and teach to the next generation Have been involved with County Government, City Municipalities, Federal Government, and US Military as clients and demonstrated Abilities to facilitate their unexpected needs and received accommodations Worked with many Road and Bridge builders throughout South Texas Mining Operations (Materials), Portable Plants, Heavy Concrete Agriculture Farm and Ranching needs of large scale basis, conservation Water Management, Waste Water Treatment Plants, Dams Name: Address: City: City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics �c. L s-5,67_44...e404e41— Board Member of: /3-/t-9 a.d.-"' Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest: have no conflict of interest to report. V I have the following conflict(s) of interest to report: C. ry2-4 v--,44‘1 .tC wing- die do k(Q.....rn vit- fie- carr i a " y.-✓�L -, hereby certify that the information set forth above is true and complete to the best of my knowledge. Signature: Date: 1 Rev. 9/15/2015 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Profile Andrew r rst Narr B Taubman Middle initial Last Name Which Boards would you like to apply for? Ad Hoc Residential Street Infrastructure Advisory Committee District 4 What district do you live rn` Please CLICK HERE for a map to verify your district assignment. none Primary Phone Altemale Phone Investor private companies Sometimes CLO; sometimes janitor / real estate Employer Jct: Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddiess- State WOTkAddress- Zip Code Work Phone Work E-mail address 5601 SPID, #D-204, Corpus Christi, TX 78412 Preferred MailingAddress Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: ) Education, Professional and/or Community Activity (Present) 1985 graduate Casady School, Oklahoma City 1989 graduate University of North Carolina at Chapel Hill 1989 - 1997 Vice President, J.P. Morgan, 60 Wall Street, New York, New York 1997 - 1999 Senior Vice President of Finance, Firstworld Communications Continuing - Investor in private operating companies and real estate Registered Voter? OYes Q No Current resident of the city? ® Yes Q No More than three years If yes, how many years? Included above Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. 1 also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath swear that all of the statements included in my application are true and correct. _X I Agree Name: Address: City: City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics Andy Taubman Board Member of: None Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest: I have no conflict of interest to report. _X_ I have the following potential conflict(s) of interest to report. 1. Current owner of investment property within City, operation and potential development. 2. Potential in -fill development project, Affordable Cottage Housing 3. Potential purchaser of property for ownership or development. Nothing currently pending with City with respect to above items. All conflicts are potential none are actual. I will amend reporting in the future if anything becomes actual. I hereby certify that the information set forth above is true and complete to the best of my knowledge. Signature: 171‘)% in -r✓ Date: / 2 z // 5- 1 1 Rev. 9/15/2015 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi Profile Mrs. Shirley irst Nam R. Thornton Middle last Name Inil al Which Boards would you like to apply for? Ad Hoc Residential Street Infrastructure Advisory Committee aueei MUU4W District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Retired from Flour Bluff ISD Teacher Employer t,r; Till_s N/A WorkAddress - Street Address and Suite Number ISA WorkAddress- City N/A WorkAddress- State N/A WorkAddress- Zip Code Suite or Apt N/A Work Phone N'A Work P -mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor of Arts English/Communications/Education with specialization in ESL, GIT, Pre -AP, and Developmental Reading; retired teacher of 28 years of service; Adult Discipleship Committee Chair at St. John's UMC; Flour Bluff ISD Board of Trustees since 2011 (currently serving as board secretary); at -risk student mentor; small group Bible study leader Registered Voter? • Yes 0 No Current resident of the city? ® Yes p No 46 If yes, how many years? Resume_for Residential Stree�Advisory Committee.docx Upload a Resume Please upload any additional srpponing documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. CaucasianlNon-Hispanic Ethnicuy Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® !Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and 1 hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath I swear that all of the statements included in my application are true and correct. ® 'Agree Shirley Thornton Occupation: Retired Teacher Born: Oklahoma City, Oklahoma, on January 19, 1958 Moved to Flour Bluff in 1969 Education: • Associate of Arts, English / Speech, Del Mar College, Corpus Christi, TX 1978 • Bachelor of Arts, English Speech, Corpus Christi State University, Corpus Christi, TX 1980 • English as a Second Language Endorsement 2003 • Graduate studies in gifted and talented education, diagnosis and correction of reading problems, problems in developmental reading, special education, Texas Teacher Appraisal System, Pre -AP English 1988 + Career: • Nem -teacher mentor/consultant for Flour Bluff 1SD 2009-2011, • English teacher at Flour BluffJunior High 1980-2008 • Substitute teacher for CCISD and FBISD 1978-1980 • Johnson Greenhouses 1975-1978 • Various part time positions 1972-1975 Awards and Recognitions: • Flour Bluff ISD Junior High Teacher of the Year 1989-90 • Flour Bluff ISD Junior High Teacher of the Year 1995-96 • Flour Bluff ISD District Teacher of the Year 1995-96 • Region II ESC Secondary Teacher of the Year 1996 • United Method Church Service Award (two-time recipient) Civic Involvement: • Serving as Trustee of Flour Bluff School Board 2011 to present (Currently serving as board secretary) • Serving as tutor, writer, and editor for those in need of such services - current • Developed a mentoring program and after-school program at Montclair Elementary for at -risk students as part of a church -school partnership 2008 and 2009 • Developed a church -school partnership to connect tutors with Flour Bluff ECC students 2009- 2011 009- 2il11 • Active member and volunteer at St, John's United Methodist Church -- current • Served on P-16 Excellence in Education Council - 2008 through 2011 • Servim: as assistant at Greenhouse Preschool on a voluntary basis 2012 to present • Regularly volunteer as guest speaker. guest teacher. award announcer, spelling bee pronouncer. and "Mr. Scarecrow" when requested by teachers and/or librarians at Flour BluffJunior High and Flour Bluff GCC current • Teach a weekly Bible study class in my home and serve as Adult Discipleship Committee Leader at St. John's UMC current • Partnered %%ith TAMUCC professors to mentor and advise pre -service and student teachers 1983- 2010 • Public speaking at TAMUCC. Montclair Elementary. Odem ISD, P-16 Council, FBISD Foundation for Educational Excellence, and Family: 1 married Robert Thornton, my childhood sweetheart and a fellow Flour Bluff graduate, in 1976. We, like so many young people of Flour Bluff at that time, rose up out of poverty through the help and guidance of our teachers at Flour Bluff ISD. Robert took drafting classes in high school and went on to become a very successful bricklayer and masonry contractor for 32 years after continuing his education at Del Mar. After giving his business to a loyal employee, he went on to make his Iiving in rental properties exclusively in Flour Bluff. Robert and I have never paid rent ourselves or had a house payment on our home. We built the home in which we live from the ground up without ever taking out a loan. It took many years to complete it, but it has always been ours, free and clear. We have three children, all of whom attended Flour Bluff Schools from kindergarten through twelfth grade and married former Flour Bluff students and/or graduates. Our son, Matthew Thornton and his wife Denise are both educators in Round Rock ISD. Denise, an HEB Excellence in Education semi-finalist and math curriculum specialist, started her teaching career in Flour Bluff before the pair moved to California and then Austin. Matthew, who worked as a long-term sub at Flour Bluff while he was finishing his criminal justice degree, is a Texas history teacher, coach, actor, filmmaker, and published author. Christy Zamora, our older daughter, is a certified teacher who taught kindergarten at Flour Bluff ISD for five years before opening her own preschool in Flour Bluff. She was selected Campus Teacher of the Year in her third year and was an HEB Excellence in Education Finalist two years in a row. Her husband Jacob is a veteran who served five and half years in the U.S. Marine Corps and now works as a registered nurse at a Corpus Christi surgical hospital. Their two children, Taylor and Lane, attend Flour Bluff Schools and are very active in sports, 4-H, and church. Christy and Jacob own their own home in Flour Bluff. Katy Beseda, our youngest, is a paralegal working in a Iocal law office in Flour Bluff. She has also worked as a physical therapy assistant in a facility for special needs patients. Her husband, Weston Beseda, is a firefighter working at both the federal and county levels while completing his college education. He is a veteran who served in the U.S. Navy for eight years. Katy and Weston have two sons, Owen and Riley. Owen attends FIour Bluff Primary and is active in sports, school activities, and church. Riley is in my care each day until he starts preschool in another year. Katy and Weston also own their own home in Flour Bluff. Robert and 1 have built a life together based on hard work, perseverance, personal responsibility, Tots of love, and faith in God. We believe the successes of the people in our family are the proof that our "formula" works. We love the Flour Bluff community and have always worked to make it better by starting at home. Goal: 1 have served my school, church, and the Flour Bluff community faithfully and feel called to serve the City of Corpus Christi by being a voice for the average citizen. This voice is an integral part of good city government. Should I be appointed to the Ad Hoc Residential Street Infrastructure Advisory Committee, 1 will perform my duties with what Howard Berman, author of Making a Difference, deems the seven qualities of effective board and committee members: • Integrity: Demonstrating a zero tolerance for unethical behavior, both for my colleagues and myself; • Independence: Having no unique business, financial or personal relationships -- or hoped -for - relationships — that create even the perception of a conflict of interest; • Mature Confidence: Speaking out and actively participating in board and committee deliberations; • Corporate Manners: Recognizing the difference between productively participating in discussions and counter -productively dominating deliberations through the volume or Iength of comments. 1 will work with other members to create workable compromises. • A Sense of Context: Making relevant, informed comments focused on the specific aspect of the issue being considered. • Courage: Willingness to do the right thing/make the right decision even if it is difficult or unpopular. • Commitment: Understanding that being an effective board member requires the time, the heart, and the standards to make the enterprise successful. Name: Address: City: City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics Shirley R. Thornton Board Member of: Ad Hoc Residential Street Infrastructure Advisory Committee Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest: have no conflict of interest to report. X I have the following conflict(s) of interest to report: I serve as a school board trustee for Flour Bluff ISD. I hereby certify that the information set forth above is true and complete to the best of my knowledge. Signature: Date: October 22, 2015 1 Rev. 9/15/2015 BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, COMMISSION OR COMMITTEE FOR THE City Of Corpus Christi — Profile Vernon A Wuensche PE Which Boards would you like to apply for? Ad Hoc Residential Street Infrastructure Advisory Committee Live in District 4 Retired / Self Employed Work Address. PO Box 3365 Corpus Christi, TX 78463 Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Electrical Advisory Board of CC Education, Professional and/or Community Activity (Present): BS Civil Engineering. MS Environmental Engineering. Engineering license No. 47680 and Firm No. F-6089. Friend of the Aquarium- Botanical Gardens. Member of the American Society of Civil Engineers — Texas Society of Professional Engineers. Registered Voter? Yes Current resident of the city? Yes for over 40 years Demographics Completion of this information is VOLUNTARY. The City will use this information for statistical purposes only, such as tracking the diversity of board and commission appointees. 13y providing this information, you will help us ensure that appointments represent a broad cross-section of the community. • Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 251/4 of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Yes I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. Yes Agree Oath I swear that all of the statements included in my application are true and correct. Vernon Agrees City of Corpus Christi Boards, Commissions & Committees REPORT OF CONFLICT OF INTEREST Filed Pursuant to Section 2-347 Corpus Christi Code of Ethics Name: Vernon A Wuensche PE Address: PO Box 3365 Corpus Christi, TX 78463 Board Member of: Electrical Advisory Board Please describe below any relationships, transactions, positions you hold (paid or volunteer) or circumstances that you believe could contribute to a conflict of interest: Vernon has no conflict of interest to report. I have the following conflict(s) of interest to report: I hereby certify that the information set forth above is true and complete to the best of my knowledge. Signature: 94z,z m j (9Iuerr e G lP/&Get 22, woo - 1 Rev. 9/15/2015 Vernon A Wuensche PE Vernon, a native Texan, was raised on a farm near El Indio, a small West -Texas town on the border, where he wet his feet in the Rio Grande and learned Spanish as a second language. He graduated from Eagle Pass High School (1969) in the neighboring town. He worked his way through college at A&I University in Kingsville, Texas as a carpenter and as a repair technician in the gas industry. After receiving his BS in Civil Engineering, he began his professional career with the engineering consulting firm of Ogletree & Gunn of Corpus Christi. now known as RVE Inc, where he worked for about 2 years, with that involving mainly marine engineering and professional diving. After hanging up his flippers, he began a more civil engineering endeavor, with the firm of Urban Engineering of Corpus Christi where, for about 2 years, he worked on utility and waste water management projects. After that and between fortunes, he traveled south to the Caribbean and central Mexico to recover for a few months. Immediately upon return to Corpus Christi, he was hired as a project engineer by the late James K Lontos PE, then Director of Engineering for the City of Corpus Christi.While working as an engineer for the City, he received a MS in Environmental Engineering. Work Experience: Vernon has designed about $100,000,000 worth of municipal - civil projects, including streets, bridges, utilities, drainage, solid- waste, and waste water and marina facilities. He has performed numerous sanitary and drainage studies. It may be interesting to know, Vernon solicited Brown & Root, one of the largest construction companies in the world at the time, to bid on a marina project for the City, which they were awarded and successfully completed. As for drainage, he designed many of the major drainage outfalls for the city. As one of the first in the area to recognize the vulnerability of cast iron pipe to sewer gases, Vernon's application of the first Targe -diameter PVC pressure sewer pipe in the area was featured in two articles in the Uni-Bell PVC Pipe News, published by the PVC Pipe Association in 1986 & 1987. The application of such knowledge has saved the City millions of dollars that would have otherwise been spent on sanitary sewer force main replacement. After the brain injury, Vernon retired from the City Engineering Department after about 33 years of service. Currently if he's not Skipper (fishing) on his Boston Whaler, restoring old cars & motorcycles, or traveling, he's looking for a good cause to promote. Professional and Technical Associations: Vernon is a registered professional engineer in Texas (#47680). He is an active member in the American Society of Civil Engineers (ASCE) and Texas Society of Professionals (TSPS) and is past president of the local chapters. He is Past State Director of the Nueces Chapter of TSPE and has served as Vice President of Education Texas Section ASCE. He is or has been a member of the American Concrete Institute, American Water Resource Association, Construction Specification Institute, and a charter member of the Transportation and Development Institute. Vernon is a former trustee of the John B. Hawley Memorial Fellowship, which grants scholarships to graduate students in water resources. He also serves as TEXASCE photographer and several ASCE Branch Committees and the City of Corpus Christi Electrical Advisory Board. Awards and Recognitions: Vernon has received local, state, and national citations and awards for service over the years. He was chosen "ENGINEER OF THE YEAR" in 2007 by the Nueces Chapter of TSPE. Publications: Vernon's work has been published at levels ranging from local to international on topics of ground water hydraulics, pavement design, and civil engineering history. Serviceability of Residential Streets a Corpus Christi Perspective was recognized as Best of Session Fall 1996 by the Texas Section ASCE. He's still writing. (+I-) Affiliations & Civic Involvement: Vernon is, or has been, a member, friend of and supporter of numerous organizations. Some of which include the CC Museum, Texas State Aquarium, Texas Historical Foundation, South TX Botanical Gardens & Nature Center, Tarpon Foundation, Audubon Soc., Trinity Lutheran Church, United Way and Texas Wendish Heritage Society. AGENDA MEMORANDUM Future Item for the City Council Meeting of October 20, 2015 Action Item for the City Council Meeting of October 27, 2015 DATE: August 8, 2015 TO: Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 Interlocal Agreement with Calallen Independent School District to continue operation of the City Latchkey Program CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Calallen Independent School District for continued operation of the City Latchkey Program at Calallen ISD. PURPOSE: To enter into an Interlocal Agreement with Calallen ISD to continue operation of the City Latchkey Program. BACKGROUND AND FINDINGS: The City of Corpus Christi's Parks and Recreation Department's Latchkey Program began offering services to Calallen ISD in January 2009. The program currently operates three sites — Magee Intermediate, Calallen East, and Wood River Primary. Currently, there are 100 participants during summer camp and there were 264 participants during 2014 -2015 school year. ALTERNATIVES: Do not approve OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all Interlocal Agreements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 0 Encumbered/ Expended Amount 0 0 0 This item 0 0 0 BALANCE 0 $0 $0 Fund(s): General Fund Comments: Interlocal Agreement will go into effect immediately upon approval. RECOMMENDATION: Staff recommends that the Council approve the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Calallen Independent School District for continued operation of City Latchkey Program at Calallen ISD Now, therefore be it resolved by the City Council of the City of Corpus Christi, Texas, as follows: Section 1. That, the City Manager or his designee is authorized to execute an Interlocal Agreement with Calallen Independent School District for continued operation of a City Latchkey Program at Calallen ISD. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of Nelda Martinez Mayor The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn Page 1 of 7 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CALALLEN INDEPENDENT SCHOOL DISTRICT FOR THE LATCHKEY PROGRAM This agreement is entered into between the City of Corpus Christi, a Texas municipal corporation ("City"), acting through its duly authorized agent, City Manager, and Calallen Independent School District ('`District"), acting through its duly authorized agent. Superintendent, for purposes of the Texas Intergovernmental Cooperation Act, Government Code. Chapter 791, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring an after-school child care and activities program for those elementary students who meet Latchkey's participant guidelines and who attend schools with Latchkey sites during the District school year which is approximately August of each year through June of the following year using several of the District's school campuses: and WHEREAS. the City is sponsoring the Latchkey Camps during the District's summer months which begin approximately June of each year and continue through August of the same year for those elementary students who meet Latchkey's participant guidelines; and WHEREAS, the District agrees to provide building, playground facilities, utilities, and janitorial services for the Latchkey program and Latchkey Camps, collectively defined as "Latchkey Program"; and WHEREAS, both parties endeavor to provide a safe after-school and summer vacation environment for Calallen ISD students; NOW, THEREFORE, the City and District, in consideration of the mutual covenants contained herein, agree as follows: 1. District Responsibilities. The District shall have the following obligations and responsibilities under this Agreement: a. District agrees to provide building and playground facilities for the Latchkey Program operated by the City during Latchkey's full hours of operation sufficient to meet latchkey program guidelines. This includes building utilities such as water, gas, electricity and access to telephones as required by Childcare Licensing; use oftables, chairs, televisions and vcr/dvd; and access to restrooms and playground facilities. b. District agrees to conduct site inspections to determine compliance with applicable safety codes. This includes yearly fire and gas line inspections and continual monitoring and repair of alarm systems and safety equipment. c. District agrees to provide health care supplies, including lined trashcans, paper towels and toilet paper for each site. Page 2 of 7 d. District agrees to provide after -program custodial maintenance, including the emptying of trash containers, the sweeping and mopping of floors and spray waxing of furniture as needed. e. District agrees to provide at least 48 hours advance notice to the City if Latchkey is to be moved to a different area of the building. Space must be in compliance with State licensing requirements. 2. City Responsibilities. The City shall have the following obligations and responsibilities pursuant to this Agreement: a. The Latchkey staff is responsible for administration of the entire Latchkey Program, including, but not limited to: (1) Setting and collecting fees; (2) Preparing and enforcing rules and regulations related to student discipline: (3) Hiring and training of staff; (4) Ensuring compliance with established program guidelines. (5) Determining maximum number of Latchkey Program attendees at each site. b. City will be responsible for the repair to the facility or repair or replacement of equipment that is damaged or lost during the Latchkey Program. The decision as to repair or replacement of a damaged or lost item shall be mutually agreed upon by the City and District. City will reimburse District, for the damage or loss, at current market value. District will provide proof of value, of damaged or lost items. by providing City, any or all of the following: fixed asset records, purchase order or copies of invoice. c. City shall continue site inspections to determine compliance with health and safety codes. Latchkey staff will cooperate with school site personnel to monitor the site for a determination of and response to health and safety hazards. d. City shall be responsible for all Latchkey Program activities including arts and crafts and structured recreational play. This includes storing such materials at the sites where space allows. e. During the Latchkey program, the City shall provide the following cleaning services: cleaning the tops of tables; placing trash in trashcans; cleaning chairs; placing chairs under tables; and returning furniture or fixtures to their original arrangements. For safety purposes, Latchkey personnel will be instructed to not place chairs on tops of tables. 3. Term. This first term of this agreement begins on date of last signature and continues for one year. Thereafter, unless previously terminated as provided herein, this agreement renews automatically for successive annual terms. Page 3 of 7 4. Termination. This Agreement may be terminated by any of the following occurrences: A. By mutual agreement and consent of the City Manager and of District Superintendent. B. By either party upon written notice to the other party at least 60 days prior to the start of the District school year. C. By either party upon the failure of the party to fulfill its obligations as set forth in this Agreement, upon thirty days notice and opportunity to cure. 5. Uses of District Information and Records by the City. The City may, from time to time, have access to, and use of, confidential student information obtained from the District for the sole purpose of the assistance of District students' participation in the Latchkey Program. For students with special education requirements, the District will share information and records with the City regarding said students to ensure that the City's Latchkey Program employees are aware of any individual education plans or special needs for such students, so that appropriate accommodations may be made for such students. The City shall not release or disclose to the public or any third party student information or records without the prior written consent of the parent(s) of the minor in question, except as required by state or federal law. Each party shall take all steps necessary to ensure that the student information and records are viewed only by authorized representatives of the City for the permissible uses stated herein. Said information is considered confidential, and shall not be used by the City or its employees for private purposes 6. Expenses. Expenses incurred through Latchkey Program activities are the City's responsibilities. Facility and site expenses are the District's responsibilities. All funds expended by either party to fulfill obligations under this Agreement will be from currently available revenue at the time of each party's expenditure. 7. Licensing. City will maintain all licenses as may be required by the State of Texas. Monitors for Latchkey sites may make random visits to determine compliance with State guidelines. 8. Sites. The attached Exhibit A reflects the currently approved Latchkey sites. Before the start of new school year Latchkey Program, and before the start of summer Latchkey Program. the City and District shall meet to identify and mutually agree upon possible Latchkey program locations. Site selection is based on need for services as determined by community survey(s) and by availability of required space and fixtures. Selection is also based on access to restrooms, janitorial service availability, and other criteria as determined by the Parks and Recreation Department of the City and the District. Current space requirements are 30 square feet of indoor play space per child. if the City is cited for licensing violations that are due to Facility non- compliance issues, the City reserves the right to cease operating the Latchkey Program at that site based upon the compliance date established in the citation unless District chooses to remedy the non-compliance at its cost or allows City the right to implement non-structural remedies at its cost. 9. Liability. To the extent permitted by law, neither party shall be responsible to the other for personal injuries, losses, claims or demands caused by the acts or omissions, if any, ofsuch party Page 4 of 7 or its agents, employees, contractors, patrons, guests, licenses or invitees related to City conducting the Latchkey Program at Calallen ISD sites. Liability, if any, of either party shall be that prescribed by the Iaws of the State of Texas. 10. Limitation on Location. Notwithstanding, section 6 above, all activities conducted in accordance with this Agreement must be conducted exclusively on a school campus of the Calallen Independent School District pursuant to this Interlocal Agreement. 11. Public Hearings. District will comply with Section 33.902 of the Education Code, as applicable, which requires a district with student population of more than 5,000 to conduct two public hearings a year, to discuss the need for and availability of child care before, after. or both before and after the school day and during school holidays and vacations for the district's school -age students. The public is notified of the hearings through advertisements in the Corpus Christi Caller -Times and press release distributed to the media. 12. Control of Facilities and Announcements. District does not give up ultimate control of the facilities and retains the right to enforce all necessary laws, rules. and regulations, as well as the right to make announcements as District may deem necessary in the interest of public safety. City will cooperate and cause its agents and employees to cooperate with delivery of such announcements. 13. Non -Assignment. Neither this Agreement, nor any interest therein, is assignable without the prior written consent of the other party. 14. Entire Agreement. This Agreement contains and incorporates the entire agreement of the parties and supersedes any and all prior or written agreements, arrangements or understandings between the parties with respect to the subject of this agreement. This agreement may be amended or modified only by an agreement in writing signed by both parties. 15. Programmatic Changes. If City and District staff determines that programmatic changes are necessary that add additional responsibilities, the City Manager and the District's Agent must mutually agree to the changes before they are implemented. Programmatic changes that do not add additional responsibilities may be implemented by either party upon prior written notice to the other of the proposed change. 16. Notices. All notices required hereunder shall be sent to the parties at the following addresses: Parks and Recreation Department City of Corpus Christi P.O. Drawer 9277 Corpus Christi, Texas 78469-9277 Attn: Calallen Independent School District Attn: Superintendent 4205 Wildcat Drive Corpus Christi, Texas 78410 17. Effective Date. This Agreement is dated and effective on date of last signature, which is 2015. Page 5 of 7 CITY OF CORPUS CHRISTI City Manager Legal form approved on . i Y , 2015; By: te.-44-7 Lisa Aguilar, Assi(jant City Attorney For the City Attorney CALALLEN INDEPENDENT SCHOOL DISTRICT By L 06 NU. �'.l�,l Date: Dr. Arturo Almendarez, Superinterient Page 6ol'7 EXHIBIT A Calallen Independent School District Calallen East 3709 Lott Ave. Corpus Christi, TX 78410 Magee Intermediate 4201 Calallen Corpus Christi, TX 78410 Wood River Primary 15118 Dry Creek Dr. Corpus Christi, TX 78410 Page 7 of 7 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 20, 2015 Action Item for the City Council Meeting of October 27, 2015 DATE: October 5, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities G u sta vo G o@ cctexa s. co m (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director Public Works ValerieG@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P.E., Director of Engineering Services JeffreyE@cctexas.com (361) 826-3851 Execute Design — Build Agreement Signs/Signals Operations — New Shop and Office Facility (Bond 2012) CAPTION: Motion authorizing the City Manager, or designee, to execute a Design -Build Agreement with Fulton Coastcon General Contractors of Corpus Christi, Texas in the amount of $2,280,000 for the Signs/Signals Operations — New Shop and Office Project for the Base Bid plus Additive Alternate Nos.1 and 2. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the Design -Build Agreement with Fulton Coastcon General Contractors of Corpus Christi, Texas in the amount of $2,280,000 for the Signs/Signals Operations — New Shop and Office Project for the Base Bid plus Additive Alternate Nos.1 and 2. BACKGROUND AND FINDINGS: This project was approved in Bond 2012, Proposition No.3: Signs/Signal Operations — New Shop and Office Facility. Brochure Language: "Signs/Signal Operations — New Shop and Office Facility $2,500,000. This project proposes the replacement of the existing sign shop, which is beyond repair, with a new facility for signs, signals, markings and Traffic Engineering operations and personnel. This project also includes a 25 -ton overhead crane for regular operations." Ordinance Language: "Designing, constructing, renovating, expanding, improving, and equipping the City's Service Center Complex (including Streets and Solid Waste Administration Building Roof Replacement, expansion of Signs/Signal Operations facilities, renovations and improvements to Animal Control facilities, roof repairs to Fleet Maintenance/Heavy Equipment facilities, construction of new facilities for Streets & Sold Waste)". Project Scope: This project provides for a new 12,000SF building to consolidate the Streets and Signal departments that are currently located in 10 different buildings across the City. This new facility includes administration offices, fabrication work area, storage and shops, and the Traffic Management Center (TMC) for the Advanced Transportation Management System (ATMS). This facility will support 18 full time City employees for maintenance and support of Traffic Signs, Markings and Signals with approximately 5,000 SF designated for work area and storage. The new building construction includes metal panel insulated roof with exterior brick veneer and concrete masonry unit walls, new high energy-efficient HVAC and LED lighting, and new concrete drive with parking improvements. The new facility will be fully ADA accessible. This project replaces and consolidates the existing Traffic Signal Operations and the Signs & Markings Operations to directly improve operational efficiencies. The existing 10 different buildings are located in various areas. The two primary buildings are the temporary trailer administration office located at adjacent to the existing Streets and Solid Waste Administration building and the metal framed building with corrugated exterior walls and roof located at McBride and Leopard Street. The other 8 buildings are various small storage units at numerous locations including three rental units. The existing facilities are experiencing severe deterioration including foundation movement resulting in uneven floors, roof leaks, and water/sanitary sewer pipeline breaks. Additionally, the existing mechanical/electrical systems are partially functioning and not economically feasible for upgrades and repairs. This project was previously designed as an 11,000SF facility and advertised under the traditional design -bid -build method. However, with the passage of Bond 2014, funds were identified for a new TMC with equipment and an additional 1,000SF would be necessary to house the equipment. Consolidating the TMC within this project maximizes the operational efficiencies and minimizes overall construction cost. Therefore, all bids were rejected and the project was repackaged as a two-phase Request for Qualifications/Request for Proposal (RFQ/RFP) Design -Build with a Guaranteed Maximum Price (GMP) to control cost within the available funding. For Phase 1 of the RFQ, five proposals were received and evaluated with two shortlisted to proceed to Phase 2 under the RFP to determine the "Most Qualified" submission by the Selection Committee. The Phase 1 Evaluation Criteria is as follows: • Qualifications • Experience and Past Performance • Project Approach and Management Plan • Small Business Goals (no points) The two shortlisted were evaluated on Technical Proposal for the selection of the "Most Qualified" and subsequently the Cost Proposal requested and negotiations to finalize the GMP. Fulton Coastcon General Contractors were determined as the Most Qualified. Extensive negotiations and value engineering were conducted to achieve the intended scope and fee within the available funds that is presented in the following table: Item Description Amount ($) Base Scope New 12,000 SF pre-engineered metal framed building with 5,200 SF Warehouse/Shop area and 6,800 SF administration office area. $2,150,000 Alt. No.1 Provide concrete masonry unit (CUM) walls in lieu of metal siding for better durability and insulation at Warehouse/Shop area $105,000 Alt. No.2 Provide electrical panels and configuration for emergency generator connection $25,000 GMP ($) Base Scope + Alt. 1 + AIt.2 $2,280,000 During the negotiations the two Alternatives were identified as long-term cost effective solutions to improve energy efficiency and critical operations during and after storm events. This project is anticipated for completion within 365 calendar days with a Guaranteed Maximum Price of $2,280,000 which is within the budget of Bond 2012 and equates to $190/SF. ALTERNATIVES: 1. Authorize execution of the Design -Build Agreement. (Recommended) 2. Do not authorize execution of the Design -Build Agreement. (Not Recommended) OTHER CONSIDERATIONS: As allowed by the Government Code Chapter 2269 Contracting and Delivery Procedures for Construction Projects and more specifically Subchapter G Design -Build Procedures for Certain Facilities Projects, in considering a construction contract using a method other than competitive bidding, the City "must, before advertising, determine which method provides the best value". A contract for construction of the TMC and required equipment will be presented to the City Council in the near future. CONFORMITY TO CITY POLICY: This contract conforms to City Fiscal Policy, the City's Charter and the FY 2015-2016 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date (CIP only) Current Year Future Years TOTALS Line Item Budget $2,575,000.00 $2,575,000.00 Encumbered / Expended Amount 196,637.25 196,637.25 This item 2,280,000.00 2,280,000.00 Future Anticipated expenditures for this project 98,182.17 98,182.17 BALANCE $180.58 $180.58 Fund(s): Public Facilities CIP 2014-2015; Water / Wastewater CIP - Seq. No. PF 02 COMMENTS: N/A RECOMMENDATION: City Staff recommends the approval of the Design -Build Agreement with Fulton Coastcon General Contractors of Corpus Christi, Texas in the amount of $2,280,000 for the Signs/Signals Operations — New Shop and Office Project for the Base Bid plus Additive Alternate Nos.1 and 2. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET Design -Build Services Signs/Signals Operations - New Shop and Office (Bond 2012) FUNDS AVAILABLE: Public Facilities CIP 2014-2015 $2,500,000.00 Water Capital Improvement Program 25,000.00 Wastewater Capital Improvement 50,000.00 Total $2,575,000.00 Previously Spent Funds Design (Chuck Anastos) $156,000.00 Geotechnial Investigation (Rock Engineering) 6,400.00 AEP line relocation (AEP) 511.82 Reimbursement 33,725.43 Sub -total $196,637.25 Funds Available for Design -Build $2,378,362.75 FUNDS REQUIRED: Design -Build Services (Fulton Coastcon General Contractors) $2,280,000.00 Construction Observation (Estimate) 57,000.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 17,837.72 Engineering Services (Project Mgmt/Constr Mgmt) 22,594.45 Misc 750.00 TOTAL $2,378,182.17 ESTIMATED PROJECT BUDGET BALANCE $180.58 Signs/Signals Operations New Shop and Office BOND 2012 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Corpus Chr sti Capital Programs Design -Build Services for Signs/Signals Operations - New Shop and Office Facility (Bond 2012) October 20, 2015 Project Corpus Chr sti Capital Programs • Resolution to award a $2,280,000 contract to Fulton Coastcon Construction for a 12,000 SF Signs and Signals Operations building • Bond 2012 Proposition 3 • Building will be used to support Street Department Operations in the maintenance and management of traffic signs and signals. • Contractor was selected through a Design —Build process for flexibility, timing and securing a guaranteed maximum price with two alternative bid items. Project Corpus Chr sti Capital Programs • The Signs & Markings with Traffic Signals operations will consolidate 18 FTE's from 10 separate buildings. • Several of the facilities are substandard and do not meet operational requirements and provide poor working conditions. • Establishes a new Traffic Management Center (TMC) for a new Advanced Transportation Management System allowing unprecedented interaction and control of the traffic signals. Design -Build Corpus Chr sti Capital Programs • Two phase approach- Request for Qualifications with a Guaranteed Maximum Price (GMP) to control cost. • Phase 1- 5 proposals received and evaluated and 2 were shortlisted to proceed to Phase 2. • Phase 1 Criteria • Qualifications • Experience and past performance • Project approach and Management Plan • Small business goals (no points) • Phase 2 — Based on most qualified. Project Scope Corpus Chr sti Capital Programs Base scope: (12,000SF) ✓ 6,000 SF administration offices; 800 SF TMC; & 5,200 SF warehouse/shop. ✓ 25 Ton overhead crane ✓ Breakroom/Restroom Additive Alternates: ✓ Alt. 1: Concrete masonry unit (CMU) walls for work shop area for improved durability and insulation; and ✓ Alt. 2: Electrical service for future emergency generator connection. Guaranteed Maximum Price: $2,280,000 ($190/SF) Project Scope 41* Corpus Chr sti Capital Programs Existing Spaces (11,330 SF) Existing buildings & location SF FTE's 1 Street Solid Waste Bldg Supt. Office Traffic Technician Area 2 Storage Unit 1 (Street Equip Yard) 3 Storage Unit 2 (Rental Unit) 4 Signal Assembly Shop (Fleet Fuel Sta) 528 168 1 360 7 400 500 1,000 5 Signs & Markings Technician Area Rental Trailer (Service Center) 980 9 Sign & Markings Shop/Warehouse 6 (Leopard & McBride) 6,050 1 7 Storage Unit 3 (Leopard & McBride) 676 8 Storage Unit 4 (Street Equip Yard) 1,200 11,334 18 New Building (11,400 SF) Additive Alternates: ✓ Alt. 1: Concrete masonry unit (CMU) walls for work shop area ✓ Alt. 2: Electrical service for future emergency generator connection Project Location Map ez) Corpus Chr sti Capital Programs NOT TO SCALE Signs/Signal Operations — New Shop and Office Facility Located within the Service Center area next to current offices Project Site Map Corpus Chr sti Capital Programs CORPUS CHRISTI TRAFFIC SIGNS & SOLID WASTE BUILDING Site layout for the proposed Signs & Markings with Traffic Signals building. Existing Facilities Corpus Chr sti Capital Programs McBride@ Leopard- building is over 60 years and is beyond repair Office Trailer at the Service Center will be removed Cost Comparison Corpus Chr ‘11150 Corpus Programs Guaranteed Maximum Price: $2,280,000 Design Build Contractor: Fulton Construction Cost Comparison with other Local Projects Building Type/Description SF $/SF Building Cost * City Signs and Signal Building 12,000 $ 190 $ 2,280,000 Local School 11,000 $ 206 $ 2,266,000 Local School 37,000 $ 172 $ 6,364,000 Local School 11,000 $ 241 $ 2,651,000 Veternarian Clinic 10,000 $ 259 $ 2,590,000 Multipurpose Building 12,500 $ 227 $ 2,837,500 Local School Locker Room Addition 4,000 $ 187 $ 748,000 Agricultural Building Addition 2,000 $ 265 $ 530,000 Local School Addition 23,000 $ 222 $ 5,106,000 Cable/Office Building 2,000 $ 257 $ 514,000 Note: *2,280,000 includes design, permitting & testing services $2,180,000 provides for Construction only ($182/SF) Project Schedule Corpus Chr sti Capital Programs 2016 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Bid Construction Project Estimate: 365 Calendar Days 12 Months Projected Schedule reflects City Council award in November 2015 with anticipated construction completion in November 2016. Corpus Chr sti Capital Programs Questions AGENDA MEMORANDUM Future Item for the City Council Meeting of October 20, 2015 Action Item for the City Council Meeting of October 27, 2015 DATE: TO: October 14, 2015 Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Approval of Professional Monitoring Contract Packery Channel Monitoring 2015-2016 CAPTION: Motion authorizing the City Manager, or designee to renew the yearly contract for Packery Channel Monitoring for Fiscal Year 2015-2016 by executing Amendment No. 11 between the City of Corpus Christi and Texas A & M University -Corpus Christi in the amount of $350,703.00. PURPOSE: The purpose of this Agenda Item is to authorize the proposed consultant to continue monitoring of the Packery Channel through Fiscal Year 2015-2016. BACKGROUND AND FINDINGS: Packery Channel monitoring began in 2003 by Texas A&M University -Corpus Christi (TAMUCC) Division of Nearshore Research (DNR). DNR's monitoring was conducted under sponsorship of the U.S. Army Corps of Engineers (USACE), Galveston District. USACE ceased monitoring efforts in 2007. The City assumed sponsorship of monitoring in 2008 and contracted with DNR to continue monitoring. This is a specialized service that was developed in partnership with the university and DNR. The monitoring program consists of three seasonal investigations of shoaling and scour in the channel and nearshore (Gulf of Mexico) as well as changes in the width/depth of the inland channel segment and beach width/volume as related to: • Post -dredge and post -nourishment monitoring • Future dredge planning and support • Navigation safety and placement of aids to navigation where required • Beach nourishment planning and support • Sensitive habitat management at the Mollie Beattie Coastal Habitat Community (MBCHC) • FEMA reimbursement documentation • Data acquisition for application of structural stability assessment (coastal structures: jetties, revetment, bridge scour protection) • Public awareness and community education/outreach • Support and collaboration on vicinity coastal projects and concerns. This monitoring provides crucial information to the City to understand the shoaling and scour in the Packery Channel and tracks changes through historic beach profile and shoreline surveys for planning beach nourishment and/or redirection of vehicular access. This information allows strategic decisions for the timing of dredging and beach nourishment. This information is also important to navigation safety with the placement of navigation aids, and the management of sensitive habitats. ALTERNATIVES: 1. Approve Amendment No. 11 to the contract with TAMU-CC as proposed. 2. Do not approve Amendment No. 11 to the contract with TAMU-CC as proposed. OTHER CONSIDERATIONS: This professional services contract was presented to the Island Strategic Action Committee (ISAC) on August 4, 2015 and was recommended for City Council consideration. CONFORMITY TO CITY POLICY: The contract and selection process complies with Professional Procurement Act, City Policy, statutes regarding Fiscal Year 2015-2016 Capital Improvement Budget, and conforms to the appropriation and use requirements of ISAC and the Tax Increment Reinvestment Zone (TIRZ) No. 2. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $510,000 $510,000 Encumbered / Expended Amount This item 350,703 350,703 Future Anticipated Expenditures 13,250 13,250 BALANCE 146,047 $146,047 Fund(s): Packery Channel Projects TIF #2, Parks and Rec, Seq. No. 11 COMMENTS: N/A RECOMMENDATION: City staff recommends the approval of Amendment No. 11 to the Contract for Professional Monitoring be awarded to TAMU-CC in the amount of $350,703.00 LIST OF SUPPORTING DOCUMENTS: Contract Project Budget Location Map Presentation PROJECT BUDGET Packery Channel Monitoring 2015-2016 (Project No. E14051) PROJECT FUNDS AVAILABLE: Packery Channel Projects TIF #2 CIP Budget Year 2015-2016 $ 510,000 FUNDS REQUIRED: Professional Services Fees: *Investigator (Texas A & M - Corpus Christi) Amendment 11 (FY 2015-2016) 350,703 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) (1.%) 5,100 Engineering Services (Project Mgmt) (1.5%) 7,650 Misc 500 TOTAL $ 363,953 ESTIMATED PROJECT BUDGET BALANCE $ 146,047 *Contract value for services to be performed in FY2015-2016 indicated above. Total Contract value of $2,525,570.00, with services performed annually since 2008. CITY OF CORPUS CHRISTI PROFESSIONAL MONITORING CONTRACT PACKERY CHANNEL MONITORING 2015-2016 Amendment No. 11 The City of Corpus Christi, Texas, hereinafter called "CITY", and Texas A&M University -Corpus Christi hereinafter called "TAMU-CC", hereby agree to amendment of the Contract as approved by City Council Motion 2008-052 on February 26, 2008, administratively amended on March 3, 2008, by Motion 2009-007 on January 13, 2009, by Motion 2009-091 on April 14, 2009, by Motion 2010-095 on April 27, 2010, administratively on September 21, 2010, by Motion 2011-212 on September 27, 2011, by Motion 2012-165 on September 11, 2012, by Ordinance No. 29993 on October 29, 2013, administratively on September 30, 2014, by Motion 2014-171 on December 16, 2014 as follows: I. SERVICES TO BE PERFORMED TAMU-CC hereby agrees to perform all consulting services necessary to monitor, perform, complete, and report the results of a comprehensive study of morphology and changes and current velocity at Packery Channel. II. SCOPE OF SERVICES TAMU-CC's services will be those necessary to provide the monitoring required to deliver an annual written report and presentation of the observations and results of the monitoring program that takes place during the term of this contract. The monitoring program consists of three seasonal investigations of shoaling and scour in the channel and nearshore (Gulf of Mexico) as well as changes in the width/depth of the inland channel segment and beach width/volume as related to: • Post -dredge and post -nourishment monitoring • Future dredge planning and support • Navigation safety and placement of aids to navigation where required • Beach nourishment planning and support • Sensitive habitat management at the Mollie Beattie Coastal Habitat Community (MBCHC) • FEMA reimbursement documentation • Data acquisition for application of structural stability assessment (coastal structures: jetties, revetment, bridge scour protection) • Public awareness and community education/outreach • Support and collaboration on vicinity coastal projects and concerns. TAMU-CC will complete the tasks in Section 11 as set forth in the research proposal attached as Exhibit "A". A. TASKS Specific tasks to be undertaken are set out as follows: Task 1. Project Management and Aerial Photography 1-1. Project Management Project management includes historic analysis, reporting, survey organization and scheduling as well as presentations and generation of materials requested by the City of Corpus Christi. Additional support includes coordination with surveyors, engineers and other environmental K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKS1E14051 - PACKERY CHANNEL MONITORINGIAMENDMENT NO. 111CONTRACTI1 CONTRACT - PACKERY CHANNEL MONITORING 2015-2016.DOCX Page 1 of 6 professionals to assist the City of Corpus Christi with related projects including potential dredge operations and/or FEMA reimbursement for storm damage. 1-2. Aerial Photography Description: Acquisition of an annual set of rectified aerial photographs of the Packery Channel region including the entire channel from the GIW1N to the Gulf of Mexico (GOM); including North Padre and Mustang Islands from the south end of the seawall to Newport Pass. Photographs are applied in ArcGIS environment for comparative analysis of change relative to key features and as a reference for overlay of data and terrain models. Bids received during 2015 show that the cost of aerial photography is comparable to the 2014 effort. Purpose: For interpretation of large-scale changes in vegetation, dune line, and inter -tidal regions adjacent to the inland segment of the channel as well as along Padre and Mustang Islands. In addition, the aerials are appropriate for visuals and explanation aids to residents and laypersons. Schedule: (1) annual set conducted Sept/Oct 2015 (pending weather conditions). Task 2. Measurement of Morphologic change in Packery Channel and along Mustang and Padre Island. 2-1. Beach Profile Survey Description: The beach profile survey provides information on changes occurring at 18 specified locations from the Nueces Kleberg County Line to north of Fish Pass. There are historic data for these locations since 1995. Elevation measurements are collected along transects that initiate landward of the dune or other landward limiting feature (seawall or pavement) and extend offshore up to one mile into the Gulf of Mexico. Purpose: To document changes in features such as the dune toe (seaward limit of dunes) berm crest (most landward point of active sediment transport on the beach), and sand bars. The data are applied to calculate volumetric change along historically surveyed areas of the beach and sand volume which is required for sand placement and documentation for FEMA funding. Data is also applied to verify shoreline position data and to determine the maximum region of sheltering (Zone of Influence) by the jetties. Schedule: (1) Annual survey conducted during peak summer condition (Sep/Oct 2015). (3) Intensive surveys of beach nourishment area fronting the North Padre Island seawall (Sept/Oct 2015 and Feb/March 2016 and June 2016) 2-2. Shoreline Position surveys Description: Elevation data are collected by RTK GPS across the beach from close to the dune toe to the water line along a zigzag path. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish Pass at Mustang Island State Park. Purpose: These surveys are an efficient and low-cost way to measure changes in the width of the dry beach over the broad study area. Within days, a large section of the beach can be measured to determine changes in shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots" can be identified. Monitoring the seasonal position of the shoreline assists in management of beach vehicular access south of the inlet and addresses persistent regions of shoreline recession that have been identified fronting the North Padre Island Seawall and Whitecap Blvd as well as regions of receding shoreline north of the inlet near Newport Pass. Schedule: (3) Surveys. Tentative survey schedule: Sep/Oct 2015, Jan/Feb 2016 and June 2016 2-3. Surveys of channel and nearshore depth and morphology (Features of seafloor and bottom of channel) Description: These bathymetric surveys combine single -beam and multi -beam sonar coverage to provide high resolution of morphology (shoals, scour and bars). Seasonal series of data is K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKSIE14051 - PACKERY CHANNEL MONITORINGIAMENDMENT NO. 111CONTRACTI1 CONTRACT - PACKERY CHANNEL MONITORING 2015-2016.DOCX Page 2 of 6 applied to interpretation of pathways of sediment transport. Purpose: Data is applied to define features such as shoals (areas of deposition) and scour (areas of erosion) in the channel, nearshore and around structures. This data is applied to determine pathways of sediment transport and to calculate volumetric change for application to the estimation of the sand volume available for dredging. The data are applied to interpret trends in sediment transport as well as to calculate volumetric change of sand, for nourishment projects, and to identify potential regions of shoaling which could limit navigation. A primary application of this data is to assist with determining potential scheduling of dredging. Schedule: (3) Surveys. Tentative survey schedule: Sep/Oct 2015, Jan/Feb 2016 and June 2016. (abbreviated — Basin to Gulf only). Additional surveys may be required if data indicate that depth - limited navigation is imminent. 2-4. Inland Channel Segment and Mollie Beattie Coastal Habitat Community (MBCHC) Description: The inland channel segment bordering MBCHC continues to modify as the region adjusts to changes in water flow in the channel and over the wetland. These changes are best captured seasonally through a network of cross-sections that document changes in wetland extent, channel boundaries and shoreline change. Elevation is measured along transects (survey lines) roughly perpendicular to channel orientation starting at the location of mean higher high water (MHHW) shoreline position along the south shore and then extending across the channel to the location of MHHW shoreline position or until a limiting feature (such as coverage of a raised placement area) is defined. Measure the MHHW shoreline position along the south shore of Packery Channel from the HWY 361 Bridge to the Relief Channel west of the channel dog leg. Purpose: These surveys define change in the inland segment of the channel that borders the MBCHC and changes in the elevation of the wetland. Analysis of these data sets provide quantification of change in primary (-5 ft) and upper bank (MSL) width along MBCHC. In addition the MHHW position of the west side of the inland channel segment (residential) is surveyed and compared to previous surveys to determine historic change in position. Schedule: (2) Survey Sets (Transects and MHHW). Tentative survey schedule: Sept/Oct 2015, Jan/Feb 2016. Additional surveys may be required if data indicate that the rate of change has increased during the study period. 2-5. Event/Storm or Environmental Engineer Support Surveys Description: In a continued effort to respond to reported City of Corpus Christi budgetary constraints, the monitoring program continues at a modified schedule to include (2) seasonal surveys (Sept/Oct 2015 and Jan/Feb 2016) and (1) transitional reduced -cost survey (June 2016). To accommodate monitoring concerns beyond these seasonal surveys this task provides for event survey or other survey requirements as needed. Such support outside of seasonal surveys could include but is not limited to dredge support, engineering support, environmental assessment (wetland), and sand placement activities outside the seasonal survey scope. The primary purpose of the event surveys is to facilitate timely pre- or post- storm surveys. Surveys may be needed beyond the seasonal designation, such as after storms, and to assist with the investigation of sensitive environmental habitat or anthropogenic influences on the coastal environment that are identified during the course of the three seasonal surveys. The cost is based upon the following survey suite but may be utilized as needed. An additional line item is the maintenance of the water current monitoring stations in the GIVVW and Packery Channel. Monitoring changes in current flow provides data for future studies of hydrodynamic change potentially associated with the addition of channels in the Lake Padre Island region of the study area. See Exhibit A. K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKS1E14051 - PACKERY CHANNEL MONITORINGIAMENDMENT NO. 111CONTRACTII CONTRACT - PACKERY CHANNEL MONITORING 2015-2016.DOCX Page 3 of 6 a. Shoreline position survey (1) Task 2-2. b. Abbreviated Bathymetry Survey (1) c. Bathymetric channel and nearshore survey (1) as described in Task 2-3. d. Beach profile survey (1) Task 2-1. e. Current monitoring in Packery Channel and GIW1N Purpose: To define morphology immediately before or after a storm event or related to sensitive habitat such as the MBCHC without time restrictions associated with the amendment process. Schedule: To be determined Deliverables: ASCII data sets (x,y,z) NAVD88 State Plane south Zone FIPS 4205 Email status report (monthly or as updates are available) Status Reports (post -survey reports) Note: all surveys may be rescheduled based upon study findings or weather and sea conditions. Additional surveys may be recommended upon seasonal findings or evidence of change based upon observations in the field. The proposal for Year 2015-2016 is attached as Exhibit "A". III. FEES AUTHORIZED The City will pay TAMU-CC a fixed fee not to exceed $2,174,867.00 for providing all services during the contract term. The fee consists of an original contract fee of $241,487.00, a fee for Amendment No. 1 of $11,020.00, a fee for Amendment No. 2 of $61,715.00, a fee for Amendment No. 3 of $299,900.00, a fee for Amendment No. 4 of $325,517.00, a fee for Amendment No. 5 of $600.00, a fee for Amendment No. 6 of $293,400, a fee for Amendment No. 7 of $314,389.00, a fee for Amendment No. 8 for $349,755.00, a fee for Amendment No. 9 for $0.00, a fee for $277,084.00 for Amendment No. 10 and a fee for $350,703.00 for Amendment No. 11. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II.A. Invoices will be submitted to the Director of Capital Programs. Invoices will be submitted no more frequently than once per month for services rendered. All invoices shall be accompanied by a cover letter summarizing project status and the tasks undertaken during the time period covered by the invoice. Invoices will be based on the Task Fee as set out by this contract. Invoices will be sequentially numbered for each project, state the project name (Packery Channel Monitoring 2015-2016) and City project number (E14051). The letter shall state the number of the current invoice, the total authorized fee, the amount previously invoiced, and the current amount due. Statements will be based upon percent of project completed. It is mutually acknowledged that fees authorized by this original contract not invoiced may be used to defray the costs and expenses of Amendment No. 10 for such additional tasks as may be directed by the City Manager or his designee. However, any task or additional service that requires additional funding beyond that authorized will be evidenced in writing as an amendment to this contract. Contract Fee Original Contract $241,487.00 Amendment No. 1 $11,020.00 Amendment No. 2 $61,715.00 Amendment No. 3 $299,900.00 Amendment No. 4 $325,517.00 Amendment No. 5 $600.00 Amendment No. 6 $293,400.00 K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKSIE14051 - PACKERY CHANNEL MONITORINGIAMENDMENT NO. 111CONTRACTI1 CONTRACT - PACKERY CHANNEL MONITORING 2015 2016.DOCX Page 4 of 6 J Amendment No. 7 $314,389.00 Amendment No. 8 $349,755.00 Amendment No. 9 $0.00 Amendment No. 10 $277,084.00 Amendment No. 11 $350,703.00 Total $2,525,570.00 The fee for each Task of Amendment No. 11 is estimated as: IV. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon thirty days written notice to TAMU-CC at the address of record. In this event, TAMU-CC will be compensated for its services on all stages authorized based upon TAMU-CC and City's estimate of the proportion of the total services actually completed at the time of termination. V. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. TAMU-CC agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) VI. ASSIGNABILITY TAMU-CC will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of TAMU-CC staff. If TAMU-CC is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the fee may be assigned in advance of receipt by TAMU-CC without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. VII. DISCLOSURE OF INTEREST TAMU-CC further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit "B". All other terms and conditions of the February 26, 2008 contract, as amended, between the City and Consultant shall remain in effect. K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKS1E14051 - PACKERY CHANNEL MONITORINGIAMENDMENT NO. 111CONTRACTII CONTRACT - PACKERY CHANNEL MONITORING 2015-2016.DOCX Page 5 of 6 Tasks Fee 1.1 Project Management $53,506.00 1.2 Aerial Photography $21,582.00 2.1 Beach Profile Survey $49,752.00 2.2 Shoreline Position Survey $19,963.00 2.3 Surveys of channel and near shore depth and morphology (Bathymetric Survey) $97,293.00 2.4 Inland Channel Segment and Mollie Beattie Coastal Habitat Community $30,795.00 2.5 Event/Storm or Environmental/Engineer Support Surveys $77,812.00 Total $350,703.00 IV. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon thirty days written notice to TAMU-CC at the address of record. In this event, TAMU-CC will be compensated for its services on all stages authorized based upon TAMU-CC and City's estimate of the proportion of the total services actually completed at the time of termination. V. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. TAMU-CC agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) VI. ASSIGNABILITY TAMU-CC will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of TAMU-CC staff. If TAMU-CC is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the fee may be assigned in advance of receipt by TAMU-CC without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. VII. DISCLOSURE OF INTEREST TAMU-CC further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit "B". All other terms and conditions of the February 26, 2008 contract, as amended, between the City and Consultant shall remain in effect. K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKS1E14051 - PACKERY CHANNEL MONITORINGIAMENDMENT NO. 111CONTRACTII CONTRACT - PACKERY CHANNEL MONITORING 2015-2016.DOCX Page 5 of 6 CITY OF CORPUS CHRISTI TEXAS A&M UNIVERISTY — CORP S/CHRISTI. 4/ %_ , G J.H. Edmonds, P.E., Date Williams / Date Director of Capital Programs f, Principal Investigator RECOMMENDED Jay Ellington Date Dr., uis Cifuentes Date Director of Parks and Recreation Vice President Division of Research, Commercialization and Outreach APPROVED Office of Management Date and Budget APPROVED AS TO LEGAL FORM Legal Department Date ATTEST Rebecca Huerta, City Secretary Project No. E14051 Accounting Unit: 3278-717 Account: 550950 Activity: E14051013278EXP Account Category: ENV Fund Source Name: Packery Channel TIF#2 Encumbrance No. K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E14051 - PACKERY CHANNEL MONITORING\AMENDMENT NO. 11\CONTRACT11 CONTRACT - PACKERY CHANNEL MONITORING 2015-2016.DOCX Page 6 of 6 Packery Channel Monitoring Program Amendment #11 (2015/2016) Project Tasks and Cost Estimate June 22, 2015 Corpus C Bay Mollie Beattie Coastal Habitat Community Mosta w' ,, Isiand I`lewpo, Pass LEGEND Elevation, ft (NAVD88) MSL=.0.48ft (NAVD88I -3. Deposition Basin Inner Entrance Channel Entrance.;; r Channel North Padre Island Lake Padre of Mexico Channel and nearshore morphology at Packery Channel (Apr 2015) Submitted to: The City of Corpus Christi Submitted by: Deidre D. Williams The Conrad Blucher Institute for Surveying and Science Texas A&M University -Corpus Christi Page 1 of 11 EXHIBIT "A" Page 1 of 11 i Packery Channel Monitoring Program Amendment #11 (2015/16) Purpose To continue to protect the City of Corpus Christi's vested interest in the inlet, beach (Mustang and North Padre Island), and sensitive habitat that comprise the Packery Channel System. This program supports the City of Corpus Christi's pro -active approach to research -based management of this system. The monitoring program consists of three seasonal investigations of shoaling and scour in the channel and nearshore (Gulf of Mexico) as well as changes in the width/depth of the inland channel segment and beach width/volume as related to: • Post -dredge and post -nourishment monitoring • Future dredge planning and support • Navigation safety and placement of aids to navigation where required • Beach nourishment planning and support • Sensitive habitat management at the Mollie Beattie Coastal Habitat Community (MBCHC) • FEMA reimbursement documentation • Data acquisition for application of structural stability assessment (coastal structures: jetties, revetment, bridge scour protection) • Public awareness and community education/outreach • Support and collaboration on vicinity coastal projects and concerns. Focus of Monitoring Year 2015/2016 Monitoring and analysis will continue to focus on both the channel mouth and nourished region along the North Padre Island Seawall during 2015/2016. The following are specific areas of concern/interest over the next monitoring year. • Entrance Channel Shoal and Navigation Monitor changes in area of transient and persistent localized shoaling in the entrance channel that has previously stimulated two previous Notice to Mariners to be recommended (Sep 2011 and July 2014). • Reduction in Scour at Mouth and Potential for Ebbshoal Development An additional region of concern is located in the nearshore surrounding the channel mouth where ebbshoal development is monitored. No persistent shoaling has been identified at the channel mouth but transient shoals and bypass bar formation have repeatedly developed seasonally and in response to seasonal forcing and events such as Hurricane Ike. In addition, deep scour at the mouth is less developed than after construction, with the shallower nearshore depths merging at the channel mouth. Therefore, the nearshore is also a focus area for 2015/2016. • Beach Nourishment at North Padre Island Seawall The shoreline position fronting the seawall has steadily receded since placement during the combined nourishment conducted over the primary nourishment conducted during the winter of 2011/2012 and supplementary placement in 2012/2013. The rate of recession 2 EXHIBIT "A" Page 2 of 11 i has moderated and is comparable to that observed after the initial placement during 2005. At the present rate of change the shoreline at the south end of the seawall is predicted to approach the baseline 2011 position within 2 years in the absence of the influence of tropical storms or other extreme events. Post -construction monitoring between 2005 and 2011 determined that the recent rate of shoreline change along the shoreline stretching from the south jetty to 1 -mile south of Bob Hall Pier is on the order of -2.43 ft/yr (including influence of nourishment at seawall). While the average rate of change calculated for the direct nourishment region along the seawall was on the order of -9.72 ft/yr. The rate of change is often accelerated immediately post -nourishment. As of Apr 2015, approximately 2 -years post -nourishment, the shoreline at the south end of the seawall had receded on the order of 50 to 80 ft or at an average rate of 30 ft/yr. Within the placement area (Holiday Inn to Whitecap Blvd) the shoreline was either at or in advance (seaward) of the 2011 position by up to 50 ft (south end) during Apr 2015. Of interest was that the shoreline north of the placement area was landward of the 2011 position by up to 40 ft, likely related to a combination of management practices and strong winter forcing that continued into the late spring. The moderation of such change over the summer months will be a focus of the monitoring program during the summer of 2015. • Shoreline Change at North Packery The shoreline north of Packery Channel between the north jetty and Newport Pass advanced on the order of 50 to 70 ft between Nov 2013 and Feb 2014 and approximately 00 ft between Sep 2014 and Apr 2015. Prior to these two bursts of advance over two successive winter periods the shoreline had been relatively stable with moderate incremental advance observed since 2009. Additional analysis will investigate related changes in the nearshore morphology and the potential contribution of associated nearshore advance to shoaling at the mouth and in the entrance channel. The recent changes are attributed to a combination of maintenance practices and a greater influence of strong winter forcing over the winter of 2014/2015 on sediment transport. • Continuation of real-time Water Current Monitoring Water current has been monitored in the GIWW and in Packery Channel since 2006. This data provides information on potential changes in hydrodynamics as changes in channel morphology occur due to shoaling and scour. Additional changes in the channel system are proposed by local developers including the connection of the Laguna Madre to Packery via Lake Padre which may result in unanticipated changes to flow. Therefore the monitoring stations provide a baseline as well as provide for analysis of change in flow. The funding for these stations was originally provided by the USACE and intermittently as recently as 2014. No funding is presently available to maintain these stations. Although outside funding will continue to be sought, funding for this component is requested for 2015/16 to maintain continuity and avoid interruption of data collection. Background • Monitoring began in August 2003, prior to construction (originally funded by Galveston District, USACE and the Coastal Hydraulics Laboratory, Coastal Inlets Research Program). • Inlet opened during Hurricane Emily (July 2005), one year prior to completion of construction (October 2006). 3 EXHIBIT "A" Page 3 of 11 i • Sponsorship of monitoring transferred to the City of Corpus Christi (2008 to present). • Limited dredge in Deposition Basin at ramp to facilitate boat entry (Jan 2010). • Notice to Mariners issued regarding elevation of Entrance Shoal (Sep 2010). • Dredge (#1) of channel from Deposition Basin to Entrance Channel to within 550 ft of the channel mouth (completed March 2012). Total pay volume was 190,757 cu yd (HDR). Completion of dredge was deferred to Winter 2012/2013. • Dredge (#2) of Inner Entrance Channel and Entrance Channel completed to within 550 ft of channel mouth (completed March 2013). Total volume was z 48,757 cu yd. Remaining 550 ft of Entrance Channel shoal was not removed. • Notice to Mariners issued regarding elevation of Entrance Channel Shoal (Jul 2014). • Greatest period of scour of persistent entrance shoaling to date during Apr 2015 (net loss of 12,000 cu/yd from Entrance Channel). Ongoing Contribution of Program • Program supports pro -active system management by the City of Corpus Christi. • Analysis has supported decision to defer dredging, originally predicted at an interval of every 2-3 years, to 5 years from channel completion. • Analysis has identified need (shoaling) for placement of aids to navigation. • Seasonal data identified need for initiation of Notice to Mariners during September 2010 and July 2014 due to shoaling and potential of limited navigation at the channel mouth. • Data and analysis applied to request FEMA reimbursement after Hurricane Ike. • Data and analysis document measured condition (as opposed visual interpretation often reported by community). • Data and analysis applied to assess post -dredge 2011/2012 condition for recommendation of Dredge #2 to complete to specifications. • Monitoring of nourishment fronting seawall for vehicular access concerns and bollard placement. • Analysis to support alternative dredge/nourishment funding sources such as CEPRA grants initiating in 2015. Continuation of Monitoring and Analysis • Monitor persistence of bypass bar and increased nearshore shoaling at mouth for potential ebb shoal formation. • Quantify post -dredge channel shoaling and scour and determine early trends. • Quantify change in post -nourishment beach width and volume along seawall. • Initiate warnings should the potential for depth limited seasonal monitoring of shoaling will allow adequate warning of navigation limitation and support dredge implementation or placement of navigation aids. • Track Changes through historic beach profile and shoreline surveys for planning beach nourishment and/or redirection of vehicular access. • Track changes in Inland channel bank expansion that could impact protected habitat, residential property, and Nueces County Park boundaries. • Prepared to mobilize rapidly to monitor post -storm conditions as needed. Seasonal Monitoring and Long-term Channel Management 4 EXHIBIT "A" Page 4 of 11 The key to successful management of an inlet system is knowledge of the processes that force sand into and out of the system; and to identify developing and changing trends in sediment transport, particularly after major changes such as channel dredging or in the case of storm damage. Seasonal monitoring at Packery Channel provides for the tracking of changes over rapid short period and historic intervals which allows both 1) identification of trends in sediment transport and 2) deviation from established trends that could indicate a change in system dynamic and need for management action. The monitoring program has documented both a seasonal and event driven component to sediment transport in this system with shoaling most prevalent during the spring and throughout the summer as well as during storms. Future monitoring will determine if the change in channel depth due to dredging will alter the magnitude and rate of such seasonal change. Monitoring Program Tasks The 2015/2016 amendment to the existing contract (Project # E14051) for the Packery Channel Monitoring Program consists of five tasks. The five Tasks are outlined as a guide following the successful program implemented in 2008. The goal of the 2015/16 year is to measure and document the continued changes in post -dredge status of channel morphology and post - nourishment status of the adjacent beach. The program will continue to assist the City in the anticipation of future dredge events and document the annual pre -storm beach width and volume for FEMA reimbursement should the area sustain damage during seasonal hurricanes. The monitoring will directly support the City of Corpus Christi in the coordination of potential CEPRA grant funded support of dredging and subsequent nourishment of the beach fronting the North Padre Island Seawall. Unallocated Funds The opportunity to apply funds previously unallocated may be exercised by the City of Corpus Christi with the potential to reduce the budget commitment for Amendment 11. The actual amount available will be assessed at the time of amendment authorization at the end of the summer storm season. Task Implementation Tasks 1-5 may be conducted simultaneously or independently and in the order that best supports the monitoring program goals. Task 1. Project Management 1-1. Project Management Description Project management includes historic analysis, reporting, survey organization and scheduling as well as presentations and generation of materials in support of the management of the inlet and associated beach and wetland by the City of Corpus Christi. Additional support includes coordination with surveyors, engineers and other environmental professionals to assist the City of Corpus Christi with related projects including potential dredge operations and/or FEMA reimbursement for storm damage and assistance with planning for alternate project funding. Cost: Salary/Wages/Benefits/Supplies/Travel/F&A: $ 53,904 Estimated Cost Task 1-1: $53,506 5 EXHIBIT "A" Page 5 of 11 i 1-2. Aerial Photography Description: Acquisition of an annual set of rectified aerial photographs of the Packery Channel region including the entire channel from the GIWW to the Gulf of Mexico (GOM); including North Padre and Mustang Islands from the south end of the seawall to Newport Pass. Photographs are applied in ArcGIS environment for comparative analysis of change relative to key features and as a reference for overlay of data and terrain models. Bids received during 2015 indicate that the estimated cost of aerial photography is comparable to the 2014 effort. Purpose: For interpretation of large-scale changes in vegetation, dune line, and inter -tidal regions adjacent to the inland segment of the channel as well as along Padre and Mustang Islands. Aerial imagery is particularly important to document adjacent regions that are outside of the topographic survey area. In addition, the aerial imagery is applied as a backdrop to channel and beach elevation data. The aerial images are critical for application to the development of visuals and explanation aids to City staff, residents and laypersons. Schedule: (1) Annual set of imagery conducted Sep/Oct 2015 (pending weather conditions). (2) QA/QC of imagery and integration into GIS project Cost: Aerial Imagery: $12,000 (Vendor acquired) Salary/Wages/Supplies/Travel/F&A: $ 9,634 Estimated Cost Task 1-2: $ 21,582 Task 2. Measurement of Morphologic change in Packery Channel and along Mustang and Padre Island. 2-1. Beach Profile Surveys Description: Beach profile surveys provide detailed information describing changes in elevation and morphology at 18 specified locations along the beach stretching from the Nueces Kleberg County Line to north of Fish Pass at Mustang Island State Park. There are historic data for these locations since 1995. The beach profile survey has been conducted annually during the peak summer period to allow for analysis of change that reflects the same forcing agents active over the summer season. Elevation measurements are collected along transects that initiate landward of the dune or other landward limiting feature (seawall or pavement) and extend offshore up to one mile into the Gulf of Mexico. The surveys capture the region of active sediment transport and therefore extend offshore to a depth, referred to as the depth of the closure, beyond which limited movement of the sediment occurs. A denser transect grid is applied along the beach fronting the North Padre Island (NPI) Seawall in an effort to quantify volumetric change and document changes in beach profile with greater detail. This information is applied to monitor change before during and after nourishment of the beach fronting the seawall and along the area south near Whitecap Blvd. 6 EXHIBIT "A" Page 6 of 11 Purpose: To document changes in features such as the dune toe (seaward limit of dunes) berm crest (most landward point of active sediment transport on the beach), and sand bars. The data are applied to determine regions of erosion and to calculate volumetric change along historically surveyed areas of the beach. This data set is critical to the calculation of sand volume which is required for sand placement and documentation for FEMA funding. Data is also applied to verify shoreline position data and to determine the maximum region of sheltering along the beach (Zone of Influence) that is provided by the jetties. An additional set of beach profile transects was added to better describe the beach fronting the NPI Seawall to facilitate more accurate monitoring of changes in the recent beach nourishment. This focused survey along the nourishment area includes profiles at 400 -ft to 1100 -ft spacing to accommodate more accurate beach volume calculations for FEMA application. Schedule: (1) One annual survey conducted during peak summer condition (Sep/Oct 2015). (3) Three intensive surveys of beach nourishment area fronting the NPI seawall (Sep/Oct 2015, Feb/Mar 2016 and Jun 2016). Cost: Annual Survey: $ 19,900.00 NPI Seawall Surveys: $17,925.00 Salary/Wages/Benefits/Supplies/Travel/F&A: $11,927 Estimated Cost Task 2-1: $49,752 2-2. Shoreline Position Surveys Description: Elevation data are collected by RTK GPS across the beach from close to the dune toe to the water line along a zigzag path in order to cover the entire beach face. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish Pass at Mustang Island State Park. Purpose: Shoreline position surveys are an efficient and low-cost way to measure changes in the elevation of the dry beach berm over the broad study area. Within days, a large section of the beach can be measured to determine changes in shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots" can be identified. Monitoring the seasonal position of the shoreline assists in management of beach vehicular access south of the inlet and addresses persistent regions of shoreline recession and resulting narrowing of beach that have been identified fronting the North Padre Island Seawall and Whitecap Blvd. This data is instrumental to the management of bollard placement along the North Padre Island Seawall. Schedule: (3) Three Seasonal Surveys. Tentative survey schedule: Sep/Oct 2015, Jan/Feb 2016 and Jun 2016. Cost: Survey: $11,700 Salary/Wages/Benefits/Supplies/Travel/F&A: $ 8,263 Estimated Cost Task 2-2: $19,963 2-3. Surveys of Channel and Nearshore Depth and Morphology (Features of seafloor and bottom of channel) 7 EXHIBIT "A" Page 7 of 11 Description: These bathymetric surveys combine single -beam (nearshore/offshore) and multi - beam (channel) sonar coverage to provide high-resolution data sets that describe the morphology (shoals, scour and sandbars) on the channel bottom and seafloor. The analysis of seasonal data sets is applied to interpret pathways of sediment transport and to anticipate development of features such as bypass bars, channel shoals and ebb shoaling. Purpose: Data is applied to define morphologic features such as shoals (areas of deposition) and scour (areas of erosion) in the channel, nearshore and around structures. This data is applied to interpret pathways of sediment transport and to calculate volumetric change for application to the estimation of the sand volume available for dredging. The data are applied to interpret trends in sediment transport as well as to calculate volumetric change indicating sand loss or gain, to prepare for nourishment projects, and to identify potential regions of shoaling which could limit navigation. A primary application of this data is to identify trends in shoaling which provides guidance in future dredge planning and the identification of navigation hazards. Schedule: (3) Three Seasonal Surveys. Tentative survey schedule: Sep/Oct 2015, Jan/Feb 2016 and Jun 2016 (abbreviated -Basin to Gulf only). Additional surveys may be required if data indicate that shoaling is rapidly increasing and depth -limited navigation is imminent. Cost: Survey: $ 79,300 Salary/Wages/Benefits/Supplies/Travel/F&A: $ 17,993 Estimated Cost Task 2-3: $ 97,293 2-4. Inland Channel Segment and Mollie Beattie Coastal Habitat Community (MBCHC) Description: The inland channel segment bordering MBCHC continues to modify as the region adjusts to changes in water flow in the channel and over the wetland. These changes are best captured seasonally through a network of cross-sections that document changes in wetland extent, channel boundaries and shoreline change. Elevation is measured along transects or survey lines, that are roughly perpendicular to channel orientation. The surveys start at the location of the mean higher high water (MHHW) shoreline position located along the western residential shore and then extend across the channel to the location of MHHW shoreline position or until a limiting feature (such as coverage of a raised placement area) is defined. The position of the MHHW shoreline position is measured along the residential side of the channel extending from the HWY 361 Bridge to the Relief Channel west of the channel dog leg. The MHHW position is not as well defined along the MBCHC due to extended sections of submerged area, therefore a MHHW position survey is not conducted on the east side of the channel. Purpose: These surveys define morphologic change in the inland segment of the channel that borders the MBCHC as well as changes in the elevation across sections of the wetland. The purpose is to evaluate the response of the channel and wetland to the opening of the inlet and assess the approach to an equilibrium status. Analysis of this data set provides quantification of change in the primary (-5 ft) and upper bank (MSL) width along the channel bordering the MBCHC. In addition, the MHHW position of the west side of the inland channel segment (residential) is compared to historic survey data surveys to determine historic change in position. Schedule: 8 EXHIBIT "A" Page 8 of 11 1 (2) Survey Sets (Transects and MHHW). Tentative survey schedule: Sep/Oct 2014, Jan/Feb 2015. Additional surveys may be required if data indicate that the rate of change has increased during the study period. Cost: Survey: $ 18,800 Salary/Wages/Benefits/Supplies/Travel/F&A: $ 11,995 Estimated Cost Task 2-4: $ 30,795 2-5. Event/Transitional Survey and/or Dredge Support Description: In a continued effort to respond to City of Corpus Christi budgetary constraints, the monitoring program continues at a modified schedule to include (2) seasonal surveys (Sept/Oct 2015 and Jan/Feb 2016) and (1) transitional reduced -cost survey (June 2016). To accommodate monitoring concerns beyond these seasonal surveys the Event Task provides for event surveys or other survey requirements as needed. Such support outside of seasonal surveys could include but is not limited to dredge support, engineering support, environmental assessment (wetland, endangered species, modeling hydrodynamics), and sand placement activities outside the seasonal survey scope. The primary purpose of the event surveys is to facilitate timely pre- or post- storm surveys. Surveys may be needed beyond the seasonal designation, such as after storms, and to assist with the investigation of sensitive environmental habitat or anthropogenic influences on the coastal environment that are identified during the course of the three seasonal surveys. The cost is based upon the following survey suite but may be utilized as needed in support of management concerns on an as needed basis. An additional line item is the maintenance of the water current monitoring stations in the GIWW and Packery Channel. Monitoring changes in current flow provides data for future studies of hydrodynamic change potentially associated with the addition of channels in the Lake Padre region of the study area. Monitoring includes the public online data access to real time measurement of water current velocity (http://lighthouse.tamucc.edu/gc/138 and http://lighthouse.tamucc.edu/qc/150). These stations were previously funded by the USACE (2006-2014) but no funding has been identified or secured for 2015/16. Funding options will continue to be explored to fund these stations in the future. The Task 2-5 cost is based upon the following Monitoring suite for budget development but may be utilized as needed in support of City of Corpus Christi Packery Channel management concerns on an as needed basis. Funds not allocated at the end of the contract period may be conserved for future applications. a. Shoreline position survey (1) Task 2-2. b. Abbreviated Bathymetry survey (1) c. Full bathymetric channel and nearshore survey (1) as described in Task 2-3. d. Beach profile survey (1) Task 2-1. e. Current monitoring in Packery Channel and GIWW 9 EXHIBIT "A" Page 9 of 11 i Purpose: To define changes in morphology, wetland boundaries, volume, and bathymetry of associated waterways related to issues outside of the umbrella of the seasonal surveys. To monitoring water current velocity and provide online real-time access. Schedule: Surveys conducted post -storm and as needed relative to management concerns during 2015/2016. Water current monitoring is continuous over the study period. Other tasks as directed by City of Corpus Christi staff. Cost: Survey: $ 56,000 Salary/Wages/Benefits/Supplies/Travel/F&A: $ 21,812 Estimated Cost Task 2-5: up to $ 77,812 Total Estimated Cost of 2015/2016 Monitoring Program Amendment 11: $ 350,703 Cost Savings to City of Corpus Christi In an effort to directly address budgetary constraints and comprehensive use of available funds CBI has provided cost savings through the following: 1. Conservation offunds in the Event Category 2010-2012 (Task 2-5). Savings to City � $ 63, 381.72 2. Conservation offunds in the Event Category 2014/2015 (Task 2-5). Savings to City z $ 60,000 3. Calculation of F&A on Salaries/Wages only (no F&A calculated on survey support) Deliverables: ASCII data sets (x,y,z) NAVD88 State Plane south Zone FIDS 4205 Email status report (monthly or as updates are available) Status Reports (post -survey reports) Note: all surveys may be rescheduled based upon study findings or weather and sea conditions. Additional surveys may be recommended upon seasonal findings or evidence of change based upon observations in the field. 10 EXHIBIT "A" Page 10 of 11 Packery Channel Monitoring Program Estimated Budget 2015/2016 Personnel Principal Investigator $ 43,805 Database Management/Support and Technical Staff $ 25,024 Subtotal Personnel (Salary/Wages) $ 68,829 Benefits $ 18,449 Total Personnel $ 87,278 Travel (Transportation to Surveys) Rental vehicle and fuel Other Project Costs Materials and Computer (software upgrades repair allowance, backup/archive, desktop computer) and communications Surveying/post processing (Subcontract) Aerial Photography (Contract/PO) Total Travel and Other $ 2,960 $ 8,000 $ 360 $ 203,625 $ 12,000 $ 226,945 Subtotal Salary/Wages $ $68,829 Subtotal Benefits $ $18,449 Subtotal Travel and Other $ 226,945 F&A (53% of salary and wages) $ $36,480 Project Total $ $350,703 11 EXHIBIT "A" Page 11 of 11 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City torovide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Texas A&M University -Corpus Christi P. O. BOX: STREET ADDRESS: 6300 Ocean Drive CITY: Corpus Christi ZIP: 78412 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner 0 4. Association 5. Other �_, //� . // /4e �� � �ct/�-�/�iP� ec��itSTT iO�,�P3r> DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) ti 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld jis our fan information requested; and that supplemental statements will be promptly suM f Corpus Christi, Texas as changes occur. ve President for Research, Commercialization and Outreach Certifying Person: (Type or Print) Signature of Certifying Person: Title: DEFINITIONS Date: 6. 15/ a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "B" Page 2 of 2 • 4ginn lot tifiabi:'niq eA Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27100 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0, 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2.000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Project Location PROJECT # E15187 LOCATION MAP NOT TO SCALE Packery Channel Monitoring Contract 2015-2016 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1OF1� Packery Channel Monitoring FY 2015-2016 Corpus Chr sti Capital Programs Council Presentation October 13, 2015 Project Location 41* Corpus Chr sti Capital Programs Project Layout 11C191 Corpus Chr sti0 Capital Programs Project Scope Corpus Chr sti Capital Programs • Three seasonal investigations of shoaling and scour in the channel and nearshore (Gulf of Mexico) • Monitor changes in the width/depth of the inland channel segment and beach width/volume • Post -dredge and post -nourishment monitoring • Abbreviated Survey of the Mollie Beattie Coastal Habitat Community (MBCHC) • Baseline survey of Lake Padre Region and canals of Padre Isles Project Schedule Corpus Chr sti Capital Programs O I N I D J F M A M IJIJIAls101 Packery Channel Monitoring Project Estimate: 365 Calendar Days 12 Months Projected Schedule reflects City Council award in September with anticipated completion in October 2016 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 20, 2015 Action Item for the City Council Meeting of October 27, 2015 DATE: TO: Ronald L. Olson, City Manager September 30, 2015 THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P.E., Director of Engineering Services JeffreyE@cctexas.com (361) 826-3851 Work Plan and Budget Agreement Nueces River Authority FY 2015-2016 CAPTION: Motion authorizing the City Manager or designee to execute a work plan and budget agreement with the Nueces River Authority in the amount of $99,996 to provide water planning, protection, development, and data management services to the City of Corpus Christi for FY 2016. PURPOSE: The purpose of this agenda item is to obtain authority to execute a work plan and budget with the Nueces River Authority to provide water planning, protection, development, and data management services to the City of Corpus Christi for FY 2016. BACKGROUND AND FINDINGS: In June 2005, the City Council approved Resolution 026340 authorizing the City Manager to execute an Interlocal Cooperation Agreement with the Nueces River Authority (NRA) for regional water planning, protection, and development services. The NRA is a government agency having broad authority to preserve, protect, and develop water resources; provide for flood control, irrigation, and navigation; finance water supply, wastewater treatment and pollution control projects. In general, NRA provides for regional water resource development, management, and protection throughout the Nueces Basin and adjoining areas. NRA is a co- sponsor, along with the City of Corpus Christi, of the Choke Canyon Reservoir. The NRA owns twenty -percent of the water rights of the Choke Canyon Reservoir. Each year since 2005 and passage of Resolution 026340, the City has entered into yearly agreements with NRA for the services associated with water supply and planning. This agreement will authorize the NRA to provide continued services for water planning, protection, development, and data management services for the City in FY 2016, and the contract scope includes the following aspects: • Regional and inter -regional coordination and resource development and protection; • Monitor, investigate and coordinate water rights, water quality and environmental issues; • Regional water management; • Outreach; and • Other services NRA works closely with the City to track and report information related to regional water use, monitor water quality data, coordinate water quality protection efforts, and monitor activities within the basin that could possibly affect the City's water supply. Information provided by NRA is used by the City to support its planning and management with respect to water supply. ALTERNATIVES: 1. Authorize the execution of the agreement. 2. Do not authorize the execution of the agreement. (Not Recommended) OTHER CONSIDERATIONS: Section 2 of Resolution 026340 also authorized the City Manager to make editorial and non - substantive modifications and execute amendments to the Interlocal Cooperation Agreement without the further approval of the City Council for items that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts. This includes, but is not limited to, time extensions, modifications to schedule, modifications in scope of work, and any changes dictated by entities providing grant funding for the project. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Environmental and Strategic Initiatives Utilities Department FINANCIAL IMPACT: ® Operating ❑Revenue ❑Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $104,996.00 $104,996.00 Encumbered / Expended Amount This Item $99,996.00 $99,996.00 Future Anticipated Expenditures This Project $5,000.00 $5,000.00 BALANCE $0.00 $0.00 Fund(s): Water Operating RECOMMENDATION: City Staff recommends approval of the work plan and budget agreement with the Nueces River Authority in the amount of $99,996 to provide water planning, protection, development, and data management services to the City of Corpus Christi for FY 2016. LIST OF SUPPORTING DOCUMENTS: Project Budget Agreement Presentation PROJECT BUDGET Nueces River Authority FY 2016 Work Plan and Budget FUNDS AVAILABLE: Water Operating $104,996 FUNDS REQUIRED: Nueces River Authority (THIS CONTRACT) 99,996 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 1,500 Engineering Services (Project Mgmt) 3,000 Misc 500 TOTAL $104,996 PROJECT BUDGET BALANCE $0 FY 2016 Work Plan and Budget Water Planning, Protection, Development, and Data Management Services Provided by Nueces River Authority to City of Corpus Christi During the Period of October 1, 2015 through September 30, 2016 FY 2016 Work Plan BASIC SERVICES All NRA services will be provided on a best effort basis within the scope of work and budget provided, herein. Regional and Inter -regional Coordination and Resource Development and Protection • NRA staff will monitor regional and inter -regional water resource issues and keep the City informed on matters that may affect the City's water supplies or conveyance facilities. • NRA will with prior approval from the City and before discussion with other agencies, attend meetings as appropriate with other water providers and users throughout the South Texas area to assess and promote opportunities to enhance the City's water supplies and derive economic benefits from its investments in water purchases, water rights and water conveyance facilities within guidelines and direction established by City staff. Such services will include actively developing ideas for consideration by City staff to enhance these water supplies and economic benefits. • NRA will assist City staff in establishing a long-term plan to provide a dependable, affordable water supply for the City's service area. Activities will include, with City staff concurrence and direction, interacting with state and federal agencies, elected officials, and environmental interests. • NRA will monitor legislative changes and administrative rulemakings that could affect the City's water resources, provide timely advice to the City concerning same, and assist in providing information on these issues to legislators and other key officials. These services will be provided in close consultation with the City's staff and outside legal counsel. • NRA will monitor and support the City in evaluating and responding to existing and proposed Edwards Aquifer recharge structures. • NRA will monitor water marketing proposals in the region. • NRA will monitor groundwater district planning as it may impact on the City's and NRA's surface water rights in the Nueces Basin. • Selection and use of consultants will be coordinated with and agreed upon by the City and NRA. 2' Monitor, Investigate and Coordinate Water Rights, Water Quality and Environmental Issues • NRA will assist the City in monitoring, investigating and coordinating activities on environmental issues related to watershed protection such as drinking water source protection, freshwater inflows for bays and estuaries, and opportunities for beneficial re -use of wastewater effluents. • NRA staff will assist the City in protecting City and NRA water rights by forwarding to the City any public notices it receives regarding applications for new or amended water rights permits. Regional Water Management NRA will continue to: • Maintain a website and provide support for: ■ Choke Canyon/Lake Corpus Christi Reservoir System Daily Pass-Thru Status Report http://www.nueces-ra.org/CP/CITY/passthru/ ; • Choke Canyon/Lake Corpus Christi Reservoir System Daily and Monthly Statistics database and WebPages http://www.nueces-ra.org/CP/CITY/month.php http://www.nueces-ra.org/CP/CITY/day.php; • Choke Canyon/Lake Corpus Christi Reservoir System, Mary Rhodes Memorial Pipeline, water usages summaries http://www.nueces-ra.org/CP/CITY/pipeline.php • Rincon Pump Real -Time Data http://www.nueces-ra.org/CP/CITY/stevens/rincon • Create the Effluent Monitoring Report by August for the previous calendar year. • Create the Summary Reports for Reservoir Statistics, Passthru Statistics, and Water Use. • Provide technical assistance with web applications to provide information on the City's water system to the City's customers and the public. • Provide technical assistance with website design, modification, and implementation of report(s) for internal use by the City Water Department • Provide updates to the KML file of operations within the Nueces Basin / Corpus Christi Water Suppy including active and inactive landfills, confined animal feeding operations, petroleum storage tanks, radioactive sites, superfund sites, wastewater treatment plant outfalls. • NRA will reinstate the currently inactive websites and reports when requested and additional data becomes available: ■ Water Quality at 0. N. Stevens Water Treatment Plant (last updated 07/2013) ■ Valero Discharge Database and Reports (last updated 08/2005) Note: All web -based work will be coordinated with the City's Water and E -Government Departments, to ensure content or links are appropriate and comply with city policies. 3 Outreach • Give presentations on water issues relevant to the Nueces and adjoining coastal basins. • Attend Water Advisory Committee meetings and assist with implementation of ideas as requested. • Provide briefmgs, as requested, to the City Manager, the City Council, Port Industries, and other boards on water quality and water supply issues of the area, including the Lower Nueces River Watershed Protection Plan and regional water planning. Other Services In addition to the basic services described above, NRA will provide additional services if requested by the City. Projects will be designed using City specifications. Separate scopes of work and budgets will be developed in consultation with the City. All work will stop, and be deemed completed, if the finally approved budget is reached unless the City chooses to amend the budget and extend the work. Reporting • NRA will provide a summary of all work performed with each invoice. • NRA will provide a yearly summary of all work performed during the fiscal year. Basic Services Billing NRA will invoice the City for its "Basic Services" on a quarterly basis, at the fixed rate of $8,333 per month for salaries, fringe benefits, overhead, equipment, supplies and computer use, and travel. NRA's expenses related to "Other Services", except for subcontractor fees, will be added to each quarterly invoice. Subcontractor fees, if any, will be billed monthly. Payment Payment is due upon receipt of an invoice. Payments should be made to: Nueces River Authority P.O. Box 349 Uvalde, Texas 78802-0349 Effective Date: This Work Plan and Budget is effective October 1, 2015. 4 Approvals Approval by NRA: This FY 2016 work plan and budget is acceptable to NRA and is hereby approved under terms of the Interlocal Agreement between the City and the NRA (City of Corpus Christi Resolution Number 026340 dated 7-12-05). '7 0 j'/0S 7020/5— Rocky Freund, Date Deputy Executive Director Approval by the City: This FY 2016 work plan and budget is acceptable to the City and is hereby approved under terms of the Interlocal Agreement between the City and NRA (City of Corpus Christi Resolution Number 026340 dated 7-12-05). Ronald L. Olson City Manager Gustavo Gonzalez, P.E. Assistant City Manager for Public Works, Utilities, & Transportation Daniel McGinn, AICP CFM Assistant Director of Environmental and Strategic Initiatives Miles Risley City Attorney Date Date Date Date Nueces River Authority FY 2016 Work Plan and Budget Lel Corpus Chr sti Capital Programs Council Presentation October 20, 2015 Project Background and Scope Corpus Chr'sti Capital Programs City Resolution 026340 ✓ In 2005, the City Council approved Resolution 026340 ; ✓ Authorizing the City Manager to execute interlocal cooperation agreement with the Nueces River Authority (NRA) for the water planning, protection, development and data management services; Work scope of FY 2016 Work Plan and Budget ✓ Regional and inter -regional coordination and resource development and protection; ✓ Monitor, investigate and coordinate water rights, water quality and environmental issues; ✓ Regional water management; ✓ Outreach; and ✓ Other services Project Schedule Corpus Chr'sti Capital Programs 2015 2016 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Contract Services Project Estimate: 365 Calendar Days 12 Months October 1, 2015 to September 30, 2016 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 20, 2015 Action Item for the City Council Meeting of October 27, 2015 DATE: TO: Ronald L. Olson, City Manager September 30, 2015 THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P.E., Director of Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Contract Lift Station Repairs - Citywide CAPTION: Motion authorizing the City Manager, or designee, to add repairs at eight existing lift station locations to an engineering design contract by executing Amendment No. 2 with Urban Engineering of Corpus Christi, Texas in the amount of $164,100 for a total restated fee not to exceed $210,340 for the Lift Station Repairs — Citywide for engineering design services and support services in Bid and Construction phases. PURPOSE: The purpose of this agenda item is to obtain authority to execute a contract for the Lift Station Repairs, Citywide. BACKGROUND AND FINDINGS: Many of the existing list station systems are at the end of their effective life cycle and are at a point that further deterioration jeopardizes operations and service. The City -Wide Lift Station Repairs program was implemented to identify, prioritize and construct specific Capital Improvement Projects (CIP) in a phased approach to the extent yearly funding allowed. Work is designed to recapitalize the lift stations to improve efficiency, operational and maintenance cost, reduce overflows, and remain compliant to Texas Commission on Environmental Quality (TCEQ) regulations. From 2011 to 2013, the Everhart and Staples Street Lift Station and Padre Island Lift Station were upgraded through this program. In February 2015, the City awarded Amendment No. 1, a small AE contract to Urban Engineering, to provide engineering services for the odor emission control of Padre Island Section 4 Lift Station. The construction contract was approved by City Council in June 2015, and construction is underway on those repairs. This NE Amendment #2 provides for design of improvements to eight (8) additional lift stations including replacement of discharge piping, plug valves, check valves, pumps, pump bases, guide rails and accessories, and other miscellaneous items. Based on the Utility Department's site investigation and the AE consultant's recommendations, the following eight lift stations were identified as priorities for rehabilitation based on their current physical status: 1. Leeward Lift Station; 2. Jackfish Lift Station; 3. Lake Padre South Lift Station; 4. Seahorse Lift Station; 5. Up River Road Lift Station; 6. Studebaker Lift Station; 7. Turtle Cove Lift Station; and 8. Brownlee Lift Station. Under this contract specific work details include: • The development of an inventory of existing conditions including field investigations to define specific areas of concern • An evaluation with detailed scope of issues to be addressed for each lift station with preliminary construction costs and recommendations for review with City staff • Development of design plans incorporating all issues with relevant solutions and potential conflicts • Development of a control of flow plan for each lift station • Development of design, bid and construction documents based on City staff direction Urban Engineering has special engineering expertise in lift station design, and is very knowledgeable on the City's lift stations. This Amendment is to continue the program for systematic upgrades to the City's aging lift station infrastructure. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy and policy on procuring Professional Services. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $2,879,780 $2,000,000 $4,879,780 Encumbered / Expended Amount 1,053,800 1,053,800 This Item 164,100 164,100 Future Anticipated Expenditures This Project 2,303,196 2,303,196 BALANCE 1,825,980 -467,296 $1,358,684 Fund(s): Waste Water CIP #9 Comments: This project requires approximately 660 calendar days. Design will be completed in May 2016 with construction anticipated to begin in September 2016 and anticipated completion in August 2017. The amendment will result in the expenditure of an amount not to exceed $164,100. RECOMMENDATION: City Staff recommends approval of Amendment No. 2 to the engineering contract with Urban Engineering of Corpus Christi, Texas in the amount of $164,100 for a total restated fee not to exceed $210,340 for the Lift Station Repairs — Citywide for engineering design services and support services in Bid and Constriction phases. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET LIFT STATION REPAIRS - CITYWIDE FUNDS AVAILABLE: Wastewater CIP $ 4,879,780 FUNDS REQUIRED: Everhart and Staples Lift Station and Padre Island Lift Station (Project Complete): *Construction (J.S. Haren) $ 828,076 **Lift Station Condition Index Study (Urban Engineering) 103,900 Section 4 Lift Station Odor Control (Project Starting Construction): ***Construction (J.S. Haren) 196,000 Contingencies (10%) 19,600 Construction Inspection (Estimate) 11,760 Eight Lift Station Repairs (Project to be Designed) Construction (Contractor TBD) (Estimate) 1,650,000 Contingencies (10%) 165,000 Construction Inspection (Estimate) 99,000 Engineer Fees: ****Lift Station Repairs City Wide - Original Contract (Urban Engineering) 17,540 ****Amendment No. 1 (Section 4 Lift Station) (Urban Engineering) 28,700 Amendment No. 2 THIS CONTRACT (8 Lift Station Repairs) (Urban Eng) 164,100 Engineer (L. Gurley) 9,999 Engineer (LJA) 22,230 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) (1.5%) 73,196 Engineering Services (Project Mgmt/Construction Mgmt) (2.5%) 121,995 Misc 10,000 TOTAL $ 3,521,096 ******PROJECT BUDGET BALANCE $ 1,358,684 *Approved by City Council on June 12, 2012 by Motion No. M2012-107. **Approved by City Council on April 12, 2011 by Motion M2011-086. ***Approved by City Council on June 23, 2015 by Motion No. M2015-070. ****Administratively Approved August 13, 2014 *****Adminstatively Approved February 19, 2015 ******To be used for future lift station projects as required. Up River Road Lift Station 12510 Up River Road ik Y Brownlee Lift Station 810N. Brownlee Blvd. SEDWICK.RD 44 • Corpus Christi 1W f AGNES ST BEAR LN 0 Pco Studebaker Lift Station 300 Kinney Ave. Turtle Cove Lift Station 9547 Blue Jay St. Seashore Lift Station 14300 Dorsel St. Jackfish Lift Station 14124 Jackfish St. Lake Padre South Lift Station 14501 Whitecap Blvd. LOCATION MA NOT TO SCALE Leeward Lift Station 14865 Running Light Dr. Project Number: E10142 lt Citywide Lift Station Repairs CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS CITY OF CORPUS CHRISTI AMENDMENT NO. 2 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Executive Director of Public Works) and Urban Engineering, a Texas corporation, 2725 Swantner Drive, Corpus Christi, Nueces County, Texas, 78404, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Lift Station Repairs — Citywide (Project No. E10142) — The scope of the proposed project includes the rehabilitation of up to eight lift stations which require control of flow pumping, the replacement of discharge piping, plug valves, check valves, pumps, pump bases, guide rails and accessories, and miscellaneous items of work required to complete this project in accordance with the plans, specifications, and Contract Documents. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1" to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Executive Director of Public Works. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Executive Director of Public Works. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Executive Director of Public Works. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Executive Director of Public Works. Contract for Engineering (A/E) Services Page 1 of 3 The Executive Director of Public Works may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $164,100.00, (One Hundred Sixty -Four Thousand One Hundred Dollars and Zero Cents) for a total restated fee of $210,340.00 (Two Hundred Ten Thousand Three Hundred Forty Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (A/E) Services Page 2 of 3 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Executive Director of Public Works. However, the NE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI URBAN ENGINEERING Edmonds, P.E. Date James L. Urban, P.E. Date Director, Capital Programs Principal 2725 Swantner Drive Corpus Christi, TX 78404 RECOMMENDED (361) 854-3101 Office (361) 854-6001 Fax Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date for City Attorney APPROVED AS TO FORM Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Project No: E10142 Accounting Unit: 4254-065 Account: 550950 Activity: E10142014254EXP Account Category: 50950 Fund Name: Wastewater 2015 Contract for Engineering (A/E) Services Page 3 of 3 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS LIFT STATION REPAIRS - CITYWIDE AMENDMENT NO. 2 PROJECT NO. E10142 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. d) Coordinate with the City's Project Manager and identify operating departments potential project needs. e) Prepare preliminary opinions of probable construction costs for the recommended improvements. f) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Provide anticipated index of drawings and specifications. g) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. h) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. i) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) b) c) d) Electronic index and database of City's record drawing and record information. Requested record drawings, record information in electronic format as available from City Engineering files. The preliminary budget, specifying the funds available for construction. A copy of existing studies and plans. (as available from City Engineering files). AMEND. NO. 2 EXHIBIT "A" Page 1 of 6 e) Field location of existing city utilities. (A/E to coordinate with City Operating Department) f) Applicable Master Plans and GIS mapping are available on the City's website. g) City Control survey Bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/y for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the lift stations. Include standard City of Corpus Christi detail sheets as appropriate. b) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". c) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. d) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. e) Provide one (1) set of the pre -final plans and bid documents (100% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. f) Hold Project 100% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non -responding participants as appropriate and, upon Notice to Proceed. g) Assimilate all final review comments Upon approval by the Executive Director of Public Works, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. h) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent AMEND. NO. 2 EXHIBIT "A" Page 2 of 6 completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City - provided review comments or provided submittals in accordance with City standards.. i) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The NE will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the NE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. AMEND. NO. 2 EXHIBIT "A" Page 3 of 6 4. Construction Administration Phase. The NE will perform contract administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Executive Director of Public Works. A/E may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The NE shall, with written authorization by the Executive Director of Public Works, perform the following: 1. Topographic Survey\Field Investigation. Provide field surveys and investigations, as required for design including the necessary control points, coordinates and elevations of points. AMEND. NO. 2 EXHIBIT "A" Page 4 of 6 2.. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Date Activity NTP 5 Weeks from NTP Draft ELR submittal 8 Weeks from NTP City Review 9 Weeks from NTP Final ELR submittal 13 Weeks from NTP 60% Design Submittal 16 Weeks from NTP City Review 20 Weeks from NTP 100% Design Submittal 23 Weeks from NTP City Review 25 Weeks from NTP Final Submittal 27 Weeks from NTP Advertise for Bids 29 Weeks from NTP Pre -Bid Conference 31 Weeks from NTP Receive Bids 38 Weeks from NTP Contract Award 43 Weeks from NTP Begin Construction TBD Complete Construction III. FEES A. Fee for Basic Services. The City will pay the NE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. AMEND. NO. 2 EXHIBIT "A" Page 5 of 6 B. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B. "Additional Services," the City will pay the A/E a not -to -exceed fee as per the table below: Summary of Fees 08/13/14 Admin. Approval 02/12/15 Admin. Approval City Council Motion No. M2015 - *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. AMEND. NO. 2 EXHIBIT "A" Page 6 of 6 CONTRACT AMEND. NO.1 AMEND. NO.2 TOTAL Fee for Basic Services 1. Preliminary Phase $0 $2,100 $17,000 $19,100 2. Design Phase 0 18,100 95,500 113,600 3. Bid Phase 0 1,100 7,100 8,200 4. Construction Phase 0 5,000 28,400 33,400 Subtotal Basic Services Fees 0 26,300 148,000 174,300 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) 0 0 0 0 2. ROW Acquisition Survey 0 0 0 0 3. Topographic Survey\Field Investigation 0 1,300 12,900 14,200 4. Environmental Issues 0 0 0 0 5. Construction Observation Services 0 0 0 0 6. Start-up Services 0 0 0 I 0 7. Warranty Phase 0 1,100 3,200 4,300 8. Lift Station Rehab Priority Plan Update 17,540 0 0 17,540 Sub -Total Additional Services 17,540 2,400 16,100 36,040 Total Authorized Fee $17,540 $28,700 $164,100 $210,340 08/13/14 Admin. Approval 02/12/15 Admin. Approval City Council Motion No. M2015 - *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. AMEND. NO. 2 EXHIBIT "A" Page 6 of 6 EXHIBIT "A-1" CITY OF CORPUS CHRISTI, TEXAS LIFT STATION REPAIRS - CITYWIDE Amendment No. 2 Project No. E10142 TASK LIST 1. Eight (8) lift stations were included in this amendment proposal: Leeward Lift Station; Jackfish Lift Station, Lake Padre South Lift Station, Seahorse Lift Station, Up River Road Lift Station, Studebaker Lift Station, Turtle Cove Lift Station and Brownlee Lift Station. 2. Meet with Staff to identify project goals, timetables, and review lift station issues, for project implementation. 3. Develop an inventory of existing conditions and perform the required field investigations to define specific areas of concern at up to eight lift stations. 4. Attend and participate in planning meetings (2 meetings) with City staff to discuss planning and conceptual design. Gather information and perform close coordination with Wastewater Department staff. 5. Prepare evaluation with detailed scope of issues to be addressed for each lift station and preliminary estimate of probable construction costs and make recommendation/review with City staff. 6. Develop design plans to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. Contract documents shall include a control of flow plan for each lift station. 7. Provide project control and quality review of senior staff to insure project quality and completeness. 8. Develop project cost estimate, provide all submittals to the City and meet with staff to review draft submittals and final plans and make City requested amendments. 9. Prepare addenda, attend bid opening, review bids and provide recommendation to City. 10. Attend pre -construction meeting, review Contract Documents and respond to Contractor's questions. 11. Provide project administration services during construction (periodic visits to the project site) to insure compliance of Contractor with plans and specifications and, upon completion, make final inspections as well as an inspection after one year of completion for project warranty requirement. 12. Review Contractor's control of flow plan for compliance with the plans and specifications and provide project administration during the control of flow operations. 13. Provide monthly status reports of progress to the City. AMEND. NO. 2 EXHIBIT "A-1" Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS & INDEMNIFICATION CONSULTANT'S LIABILITY INSURANCE A. Consultant must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Consultant must furnish to the Director of Capital Programs with the signed agreement two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000/$500,000/$500,000 Insurance Requirements & Indemnification - 1 Rev. 07/29/2015 EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind related to this contract, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. B. Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Consultant or as requested by the City. Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Director of Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Consultant agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Insurance Requirements & Indemnification - 2 Rev. 07/29/2015 EXHIBIT "B" Page 2 of 3 F. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Insurance Requirements & Indemnification - 3 Rev. 07/29/2015 EXHIBIT "B" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27100 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 5096 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 096 $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $21000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 096 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 096 $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11i $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Urban Engineering P. O. BOX: STREET ADDRESS: 2725 Swantner Driv e FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi 2 Partnership 5. Other zip: 78404 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name , I n Job Title and City Department (if known) 2. State the naives of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Am Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name, r 4 Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name iv ^ Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: James L. Urban, P.E. Title: Principal (Type or Print) Signature of Certifying Person: DEFINITIONS Date: k /2_065- a. 20%l7 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AC D CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 09/21/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis of Illinois, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA CONTACT NAME: PHONE FAX (A/C, No, Ext):1-877-945-7378 (A/C, No):1-888-467-2378 E-MAIL ADDRESS: certificates@willis.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Hanover Insurance Company 22292 INSURED Urban Engineering Chuck Urban 2725 Swantner St Corpus Christi, TX 78404 INSURER B : INSURER C : INSURER D $ INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:W1095649 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS ,,-{ P.O. sox 9277 COMMERCIAL GENERAL LIABILITY Corpus Christi, TX 78469-9277 a60� � d EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE RENTED PREM SESO(Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability LHC900686404 05/01/2015 05/01/2016 Per Claim: $2,000,000 Aggregate: $4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Lift Station Rehabilitation 2015 - Project No. E10142 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID:10222612 BATCH:Batch #: 171518 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi AUTHORIZED REPRESENTATIVE Attn: Risk Management ,,-{ P.O. sox 9277 /% f Corpus Christi, TX 78469-9277 a60� � d ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID:10222612 BATCH:Batch #: 171518 ® Ao C CERTIFICATE OF LIABILITY INSURANCE MIDD/YYYY) g/DATE DATE(M(M 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Frost Insurance - Victoria 6835 N Main Victoria TX 77904 CONTACT NAME: PHONE FAX (A/C, No, Ext) 361-580-9010 (A/C, No): ADDRIESS:jhall@frostinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Am Casualty Co of Reading PA COMMERCIAL GENERAL LIABILITY INSURED URBAENG-01 Urban Engineering 2725 Swantner Lane Corpus Christi TX 78404 INSURER B :Continental Casualty 20443 INSURER c :Transportation Insurance Co 5/1/2016 INSURER D :Texas Mutual Insurance Co. 22945 INSURER E : INSURER F : X COVERAGES CERTIFICATE NUMBER: 242740736 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY PMT5091293243 5/1/2015 5/1/2016 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $100,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GE 'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO AUTOS HIRED AUTOS AWNED CHEDULED NON -OWNED AUTOS BUA5091293100 5/1/2015 5/1/2016 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ C UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP5091293064 5/1/2015 5/1/2016 EACH OCCURRENCE $5,000,000 AGGREGATE $ DED X RETENT ON $10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N / A TSF0001113301 5/1/2015 5/1/2016 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Lift Station Rehabilitation 2015 -Project No. E10142 30 Day Notice of Cancellation applies. The General Liability and Auto Liability policies include a blanket automatic additional insured endorsement when required by written contract. See Attached... CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Risk Management P 0 Box 9277 Corpus Christi TX 78469-9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACQ AGENCY CUSTOMER ID: URBAENG-01 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Frost Insurance - Victoria POLICY NUMBER CARRIER NAIC CODE NAMED INSURED Urban Engineering 2725 Swantner Lane Corpus Christi TX 78404 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability, Auto Liability and Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract with the Named Insured and the certificate holder that requires such status. Umbrella is follow -form subject to the terms and conditions to the policy ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Corpus Chrsti Engineering Lift Station Repairs - Citywide Council Presentation October 20, 2015 Location Map Corpus Chrsti Engineering Up River Road Lift Station 12510 Up River Road Brownlee Lift Station 810N. Brownlee Blvd. 5 DWICK R AGNES ST K 6 SEAR La N Corpus Christi Bay Studebaker Lift Station 300 Kinney Ave. Turtle Cove Lift Station 9547 Blue Jay St. Seashore Lift Station 14300 Dorsel St. Jackfish Lift Station 14124 Jackfish St. Lake Padre South Lift Station 14501 Whitecap Blvd. Leeward Lift Station 14865 Running Light Dr. Project Scope Carpus Ch-rr sti Engineering The project locations include: 1. Leeward Lift Station; 2. Jackfish Lift Station; 3. Lake Padre South Lift Station; 4. Seahorse Lift Station; S. Up River Road Lift Station; 6. Studebaker Lift Station; 7. Turtle Cove Lift Station; and 8. Brownlee Lift Station The Scope of Work includes: Replacement/repairs of discharge piping, plug valves, check valves, pumps, pump bases, guide rails, flow control, and other miscellaneous items; Project Schedule Carpus Ch-rr sti Engineering 2015 2016 2017 Nov Dec Jan Feb Mar Apr May hi Design Jun Jul Aug Sep Bid & Award Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Construction Project Estimate: 660 Calendar Days = 22 Months Projected Schedule reflects City Council award in October 2015 with anticipated construction completion by August 2017. AGENDA MEMORANDUM Future Item for the City Council Meeting of October 20, 2015 Action Item for the City Council Meeting of October 27, 2015 DATE: TO: THRU: FROM: October 5, 2015 Ronald L. Olson, City Manager Wes Pierson, Assistant City Manager Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Certification of 2015 Tax Levy CAPTION: Motion approving the 2015 Property Tax Levy of $108,611,685.39 based on the adopted property tax rate of $0.606264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. PURPOSE: Approval of the certified tax levy by the governing body is required by the Texas Property Tax Code and is the last step in complying with the "Truth -in -Taxation" guidelines as it relates to the adoption of a property tax rate and the assessment of property taxes. BACKGROUND AND FINDINGS: The Texas Property Tax Code establishes rules for approval of the property tax levy. Section 26.09(e) of the Code requires the tax assessor to submit the unit's tax levy to the governing body for approval. The tax levy is the amount of current property taxes to be collected for the fiscal year (FY), which is derived by applying the adopted property tax rate to the certified appraisal roll. The property tax levy for 2015 that is based upon a property tax rate of $0.606264 per $100 valuation and a taxable value of $18,405,761,524 is as follows: Tax Levy $69,354,013.77 42,233,492.28 $111,587,506.05 289,373.71 (3,265,194.37) $108,611,685.39 Component Supporting the City's maintenance and operations ($0.376806) Supporting the City's debt service ($0.229458) Add: Net Late Rendition Penalty — Personal Property Accounts Less: Over-65/Disabled Homestead Frozen Levy Loss 2015 Ad Valorem Tax Levy As can be seen above, additional revenue for a late rendition penalty on personal property accounts is considered in the computation of the tax levy. The Chief Appraiser may impose a penalty on a person who fails to timely file the required rendition statement or property report on all tangible personal property used for production of income that the person owns or manages and controls as a fiduciary. The tax assessor shall then add the amount of the penalty to the amount of tax imposed on the property and include that amount on the individual's tax bill. Additionally, the over-65/disabled homestead tax freeze is an important factor in the computation of the tax levy. Fiscal year 2015-2016 reflects the effect of the ninth year of implementation of the over-65/disabled homestead tax freeze. The loss of tax levy due to the tax freeze as compared to prior years is reflected in the following table: Fiscal Year Levy Loss FY 2015-2016 $ 3,265,194.37 FY 2014-2015 $ 2,246,329.44 FY 2013-2014 $ 1,579,763.73 FY 2012-2013 $ 1,225,650.00 FY 2011-2012 $ 1,508,251.05 FY 2010-2011 $ 1,663,133.81 FY 2009-2010 $ 1,740,803.00 FY 2008-2009 $ 1,500,521.56 FY 2007-2008 $ 1,210,235.01 FY 2006-2007 $ 650,650.57 FY 2005-2006 $ 396,701.13 It should also be noted that property taxes budgeted in the FY 2015-2016 budget were based on the net appraised property values certified by the Nueces County Appraisal District of $18,344,955,055 — made up of 100% of the values of the properties not under protest and 85% of the values of the properties under protest. The total taxable values certified by the Nueces County Tax Office of $18,405,761,524 include 100% of the values of the properties not under protest and 100% (versus 85%) of the properties under protest. This accounts for the $60,806,469 increase in assessed values certified by the Nueces County Tax Office. In the FY 2015-2016 budget adopted by the City Council on September 22, 2015, the total property tax levy budgeted in all funds (General Fund, Debt Service Fund, Reinvestment Zone #2, and Reinvestment Zone #3) was $106,106,000. When comparing this figure to the certified ad valorem tax levy of $108,611,685, the collection rate certified for the year must be considered. The collection rate certified by the Nueces County Tax Office for FY 2015-2016 is 100%, but a more conservative collection rate of 97.5% was used in the calculation of property tax revenue in the City's operating budget. By applying a 97.5% collection rate to the certified levy, the resulting "net" levy is calculated to be $105,896,393 — which is $209,607 less than the total ad valorem tax revenue adopted in the FY 2015-2016 budget of $106,106,000, a difference of Tess than 0.2%. Therefore, no budgetary adjustments for the FY 2015-2016 ad valorem tax revenue are needed at this time. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: • Office of Management and Budget • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ 106,106,000 $ - $ 106,106,000 Encumbered/Expended amount of (date) • - - - This item- $ - $ - $ BALANCE - $ 106,106,000 $ - $ 106,106,000 FUND(S): 1020 "General Fund" $ 64,800,000 2010 "Debt Service Fund" $ 39,350,000 1111 "Reinvestment Zone #2" $ 1,586,000 1112 "Reinvestment Zone #3" $ 370,000 COMMENTS: Not applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Certification of Tax Levy for the Tax Year 2015 Nueces County Courthouse 901 Leopard, Suite 301 Corpus Christi, TX 78401 YOFN4 Kevin Kieschnick Assessor and Collector of Taxes CERTIFICATION OF TAX LEVY FOR THE TAX YEAR 2015 CITY OF CORPUS CHRISTI Total Appraised Value @ 100% of Market Value Less: Partial Exemptions Ag -Use account value loss and abatements Total Net Appraised Value Assessment Ratio Total Taxable Value 2015 Adopted Tax Rate 2015 Ad Valorem Tax Levy Less: Over-65/Disabled Homestead Frozen Levy Loss Plus: Late Rendition Penalty - Personal Property Accounts Less: 5% of Late Rendition Penalty to the Appraisal District Plus: Late Ag Penalty 2015 Total Ad Valorem Tax Levy $ 23,967,596,305 $ 5,561,834,781 $18,405,761,524 100% $18,405,761,524 .606264 /$100 111,587,506.05 3,265,194.37 304,603.91 15,230.20 $ 108,611,685.39 Submission of the Tax Levy for 2015 for approval by the City of Corpus Christi City Council in accordance with Section 26.09(e) of the Texas Property Tax Code. Administration (361) 888-0307 (361) 888-0308 Kevin Kieschnic Nueces County Tax Assessor -Collector SWORN AND SUBSCRIBED TO before me at Corpus Christi, Texas thiscV day of September, A.D., 2015. .PYPP, SUZAN COX o��...s�.� �.,. ,Notary Public, State of Texas r ;• My Commission 2U15es «�;,, October 27, THE STATE OF TEXAS COUNTY OF NUECES Nofary Pk1lic, State of Texas The Tax Levy is hereby approved by the City of Corpus Christi City Council on this ,A.D.,2015 ATTEST: City Secretary, City of Corpus Christi For information contact: voice fax Motor Vehicle (361) 888-0459 (361) 888-0482 day of Mayor, City of Corpus Chrsiti Property Tax (361) 888-0230 (361) 888-0218 Voter Registration (361) 888-0404 (361) 888-0339 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 20, 2105 Second Reading for the City Council Meeting of October 27, 2015 DATE: September 28, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 3101 Up River Road. CAPTION: Case No. 0815-04 Cheryl McLaughlin & Hatch, LLC: A change of zoning from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District. The property is described as being a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas, located at 3101 Up River Road between Westgate Drive and Palm Drive. PURPOSE: The purpose of this item is rezone the property to allow expansion of an existing RV park. RECOMMENDATION: Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RMH" Manufactured Home District and "RS - 6" Single -Family 6 District to the "RV" Recreational Vehicle Park District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant proposes to expand and upgrade an existing RV park called Hatch RV Park. It is staff's opinion that the proposed rezoning and subsequent improvements to the property furthers a key objective of the Westside Area Development Plan pertaining to redevelopment of property that results in a harmonious arrangement of land uses. Development of the subject property will further policies pertaining to infill development of vacant tracts of land, and will benefit the area in general. The rezoning will not have an adverse effect on the overall character of the area and is generally consistent with the Westside Area Development Plan with respect to the intended use of the property as residential. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for low density residential and mobile home uses. The proposed rezoning to the "RV" Recreational Vehicle District is generally consistent with the adopted Future Land Use Map and the Westside Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 1116 Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Cheryl McLaughlin & Hatch, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Cheryl McLaughlin & Hatch, 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, September 9, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RV" Recreational Vehicle Park District, and on Tuesday, October 20, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Cheryl McLaughlin & Hatch, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, located at 3101 Up River Road between Westgate Drive and Palm Drive (the "Property"), from the "RMH" Manufactured Home District and "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District (Zoning Map No. 047044), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. This ordinance changes the Future Land Use Map from low density residential and mobile home uses to commercial uses. SECTION 4. To the extent this amendment to the UDC Zoning Map represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. The Future Land Use Map is hereby amended from a designation of medium density residential uses to commercial uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Ordinance_0815-04 Texas Geo Tech Engineering Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_0815-04 Texas Geo Tech Engineering Page 3 of 3 LAND SURVEYING, INC. 111 TexasGeoTech EXIHIBIT A CURRENT ZONING AND USE-RMH AND RS -6 PROPOSED ZONING AND USE -RV Being a 9.16 acre tract (398821.40 Sq. Ft.) of land lying within the Corporate City Limits of Corpus Christi, Nueces County Texas, out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract as shown on the map or plat thereof recorded in Volume 47, Page 98, Map Records Nueces County Texas an being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a caIIed 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas and being more fully described by metes and bounds as follows: BEGINNING at a Found 1 inch steel pipe at the southeast corner of said Lot 1, Block 2, Hatch Tract and the southeast corner of this herein described tract from whence a Found 1 inch steel pipe in the south right- of-way line of Up River Road, at the northeast corner of said Lot 1 bears N 01°39'28" W a distance of 1162.80 feet; THENCE: S 88°20' 14" W with the south line of said Lot 1 and the south line of this herein described tract, a distance of 544.17 feet to a Found 5/8 inch steel rebar for the southwest corner of said Lot 1 and the southwest corner of this herein described tract; THENCE: N 02°05'21" W with the common west line of said Lot 1 and this herein described tract, a distance 236.88 feet to a Found 1 inch steel pipe in the at the southwest comer of said 2.00 acre tract for au angle point in the west line of this herein described tract; THENCE: N 01°35'52" W with the common west line of said 2.00 acre tract and this herein described tract, a distance of 621.17 feet to a Found 1 inch steel pipe for the northwest corner of said 2.00 acre tract and this herein described tract; THENCE: N 88°24'57" E with the north line of said 2.00 acre tract and this herein described tract passing Found 5/8 inch steel rebar at the northeast corner of said 2.00 acre tract at a distance of 134.49 feet and continuing across and into the said 1.681 acre tract for a total distance of 267.29 feet to a point in the common line of the said 1.681 acre tract and the said 1.13 acre for an interior ell corner in the north line of this herein described tract; THENCE: N 01°42'35" W with the common line of the same a distance of 68.49 feet to a point; THENCE: N 88°11'46" E across said 1.31 acre tract a distance of 94.51 feet to a point in the upper west line of said Lot 1 for the most northeast corner of this herein described tract; THENCE: S 02°00'18" E with the common line of said Lot 1, said 1.31 acre tract and this herein described tract a distance of 224.91 feet to a point; THENCE: across and in said Lot 1 the following courses and distances: 1) N 86°32'32" E a distance of 78.18 feet to a point for a comer; 2) S 03°33'01" E a distance of 257.34 feet to a point for a corner; 3) S 12°35'54" W a distance of 262.13 feet to a point for a corner; 4) S 88°56'21" E a distance of 115.99 feet to a point for a comer; 5) N 02°14'19" W a distance of 245.72 feet to a point for a corner; 6) N 80°17'20" E a distance of 47.21 feet to a point for a comer in the east line of said Lot 1; THENCE: S 01°39'28" E with east line of said lot 1 and this herein described tract a distance of439.49 feet to the POINT OF BEGINNING and containing 9.16 acres (398821.40 Sq. Ft.) of land more or less. BEARINGS AND DISTANCES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NAD83 TEXAS SOUTH ZONE THIS SURVEY WAS PERFORMED UNDER MY DIRECT SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. June 25, 2015 150518FN-.doc Joe B. Crosby Registered Professional Land Surveyor Number 5566 5525 S. STAPLES 57'. SUITE B2 - CORPUS CHRISTI. TEXAS 78411- PHONE 361-993-2955 - FAX 361-993-2955 Exhibit 'A' SCALE: 1" = 200' Q• 4�0 N88'24'57"E 134.49 267 29' h QUO Oa{ to to to 4- 0 t0 W ril4s Qe. Q - w Ps CURRENT ZONING AND USE—RS-5 PROPOSED ZONING AND USE—RV O IT1 h) LT . LOT 1, BLOCK 2 HATCH TRACT VOLUME 47. PAGE 98 M.R.N.C.T. TOTAL 9.16 Acres. 398821.40 Sq.ft. co 17 11 Qa ROAD i60• EXHIBIT "B" CEMENTERY HOLY CROSS CURRENT ZONING AND USE—RMH PROPOSED ZONING AND USE—RV S88'2014"W HOUSTON COPART SALVAGE AUTO AUCTIONS LMTD PARTNERSHIP CALLED 8.37AC. DOC. 20020292-62 0.P.R.N.C.T. CA 544.17' HIRSCH GOLDSTEIN TRACT CALLED 4.539AC. VOLUME 1494. PAGE 351-353 D.R.N.C.T. I, JOSEPH B. CROSBY, A REGISTERED PROFESSIONAL LAND SURVEYOR, THAT THIS SURVEY REPRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS, THIS THE 14th DAY OF JUNE 25, 2015. JOSEPH B. CROSBY REGISTERED PROFESSIONAL LAND SURVEYOR LICENSE No, 5566 G4 ID IV r+'I 0 CARRIAGE CEMENTERY SERV. ROSE HILL PARK CEMENTERY D0C.419990139-48 0.P.R.N.C.T. L1 N1'42'35"W 68.49' L2 N8811'46"E 94.51' L3 N86'32'32"E 78.18' L4 S12'35'54"W 262.13' L5 888'56'21"E 115.99' L6 N214'19"W 245.72' L7 N80'17'20"E 47.21' 9.16 ACRE TRACT Being a 9.16 acre tract (398821.40 Sq. Ft) of land lying within the Corporate City Limits of Corpus Christi, Nueces County Texas, out of the E Villareal Survey being a portion of Lot I, Block 2, Hatch Tract as shown on the map or plat thereof recorded in Volume 47, Page 98, Map Records Nueces County Texas an being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas. TEXAS GEO TECH ENGINEERING & LAND SURVEYING, INC 5525 S. STAPLES ST. SUITE B2 Corpus Christi, TX 78411 (381) 993-0808 Fax (381) 993-2955 DATE: JUNE 25, 2015 DRAWN: RC SCALE: 1" = 200' JOB NUMBER: 150518—Z APPROVED: JBC SURVEY: RC & BP Exhibit "B" PLANNING COMMISSION FINAL REPORT Case No. 0815-04 HTE No. 15-10000046 Planning Commission Hearing Date: September 9, 2015 Applicant & Legal Description Representative: Texas Geo Tech Engineering & Land Surveying, Inc. Property Owner: Cheryl McLaughlin & Hatch, LLC Legal Description/Location: Being a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas, located at 3101 Up River Road. Zoning Request From: "RMH" Manufactured Home District and "RS -6" Single -Family 6 District To: "RV" Recreational Vehicle Park District Area: 9.16 acres Purpose of Request: To allow expansion and upgrades to an existing RV park. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RMH" Manufactured Home District and "RS -6" Single- Family 6 District Mobile Home, Estate Residential and Vacant Low Density Residential, and Mobile Home North "RS -6" Single- Family 6 & "RV" Recreational Vehicle Park Estate Residential and Mobile Home Low Density Residential & Mobile Home South "RS -6" Single- Family 6 Vacant Mobile Home East "RV" Recreational Vehicle Park and "RS -6" Single- Family 6 Mobile Home and Public/Semi-Public Mobile Home and Public/Semi-Public West "RS -6" Single- Family 6 Vacant and Low Density Residential Low Density Residential Planning Commission Final Report Page 2 ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for low density residential and mobile home uses. The proposed rezoning to the "RV" Recreational Vehicle District is generally consistent with the adopted Future Land Use Map and the Westside Area Development Plan. Map No.: 047044 Zoning Violations: None Transportation Transportation and Circulation: The subject property is part of and adjacent to an existing RV park that has approximately 210 feet of street frontage along Up River Road, which is a "01" Minor Residential Collector street. Street R.O.W. Street Urban Transportatio n Plan Type Proposed Section Existing Section Traffic Volume Up River Rd. "01" Minor Residential40' Collector 60' ROW paved 55' ROW 40' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the ""RMH" Manufactured Home District and the "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District to allow expansion and upgrades to an existing RV park called Hatch RV Park. Development Plan: The proposed property is within the Hatch Tract Subdivision. The applicant is proposing a rezoning of three adjoining land tracts totaling 9.16 acres in area. Existing land use on the three tracts consists of RV park uses, limited mobile home park use, and vacant property. The total number of existing spaces is 135. The purpose of the rezoning is to eliminate the mobile home park use and expand the RV park use to the subject property. The number of planned RV parking spaces is 200. If the zoning is approved, the applicant intends to seek approval of a plat consolidating the three land tracts into a single lot. The applicant further intends to improve the overall site with respect to site acess, available utilities and other support systems to comply with City codes and ordinances as well as applicable industry guidelines. Existing Land Uses & Zoning: North of the subject property, the property is zoned "RS -6" Single -Family 6 & "RV" Recreational Vehicle Park with estate residential and mobile home uses. The property to the east of the subject property is zoned "RV" Recreational Vehicle District and has existing mobile home uses and a cemetery in the "RS -6" Single -Family 6 District. The property to the south of the subject property is zoned "RS -6" Single -Family 6 and is vacant. To the west of the subject property are low density and estate residential uses in the "RS -6" Single -Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Planning Commission Final Report Page 3 Plat Status: The subject property is platted and will be consolidate pursuant to rezoning. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan. Although the Future Land Use Plan designates the property for low density residential uses and mobile home uses, the proposed use is not so dissimilar to have an adverse impact on surrounding property. The proposed rezoning and subsequent rezoning of the property furthers a key objective of the Westside Area Development pertaining to redevelopment of property that results in a harmonious arrangement of land uses and creating a pleasant living environment and policies in the Comprehensive Plan pertaining to the rehabilitation of substandard homes. Approval of the rezoning and subsequent development of the subject property will also further policies pertaining to infill development of vacant tracts of land. Department Comments: • A rezoning of the property will facilitate the redevelopment of existing property. • A rezoning of the property will further policies pertaining to infill development. • Planned improvements to the subject property will benefit the area in general. • The rezoning will not have an adverse effect on the overall character of the area. • The change in rezoning is generally consistent with the Westside Area Development Plan with respect to the intended use of the property as residential. • The proposed use provides a needed service for the City with respect to housing for tourists in our City. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RMH" Manufactured Home District and "RS - 6" Single -Family 6 District to the "RV" Recreational Vehicle Park District. Public Notification Number of Notices Mailed — 37 within 200 -foot notification area 6 outside notification area As of September 28, 2015: In Favor — 3 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 0.53% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0815-04 Texas Geo Tech Engineering (Hatch RV Park)\Council Documents\Report for CC_0815-04 Texas Geo Tech Engineering.docx CASE: 0815-04 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 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 Develcpment SeMces Dept P.Q. Box 9277 Corpus Christi, Texas 78469-9277 (381) 826.3240 Located at 2408 Leopard Street REZONING APPLICATION Case No.: 0 g IS- D Li Map No.: OLIl 094 PC Hearing Date: 7 Z G : t S Proj.Mgr: ! ] ODDS Hearing Location: City Hall, Council Chambers. 1201 Leopard Street Hearing Time: 5:30 P. m. `A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. . INCOMPLETEAPPLICAT7ONS WILL NOT BE ACCEPTED. 1. Applicant XA 5 iEr, 1?czQ1AJC) Contact Person 2T 1-012.e.C.5 Mailing Address: 5 G S S • S 7Q P L' 57. 5 (IT (7, ^Z City. Corpus Christi State: TX ZIP:7 (i Phone:CSC' c� () 13-0B°G E-mail: cell:( 1)913-fj8 A 2. Property Owner(s): Cheryl McLaughlin & Hatch, LLC Mailing Address: 3101 Up River Road Contact Person : Cheryl McLaughlin cityCorpus Christi E -mai 1bjte:TX Zip:78408Phone: (361 )8839781 Cell: (210 )415-6058 =7./L. ac. 3. Subject Property Address: ?I;M 1 tj ei e ra._ R.D . Area of Request (SF/acres): Da nz. I. qe - S. r- Current Zoning & Use: IZ fr 14- / i2 S - tv Proposed Zoning & Use: 12.V 12 -Digit Nueces County Tax ID: 2: q T. o b z- ra o t t7 Subdivision Name: A.TG 1-1 `TTL 4c. T" Legal Description if not platted: VoL . , Plc e, L b - ,t,co -WOO -OO5b Brock: • Z Lot(s): 4. Submittal Requirements. + 12 -Early Assistance Meeting: Date Held L( -2.q- 1S- ; with City Staff Pio ]tic T rir 2)4 Af v4 I Land Use Statement Disclosure of interest aeopy of Warranty Deed IF APPLICABLE [Lf eak Hour Trip Form (if request is inconsistent with Future Land Use Plan) Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) [Appointment of Agent Form if landowner is not signing this form () o Lo rt S L. woo ❑ Site Plan for PUD or Special Permit ❑ Lien Holder Authorization 1 certify that I have provided the City of Corpus Christi with a complete application for view; that I am authorized to initiate this rezoning as orprhbehalf of the Property Owner(s); and the info tion provided is accurate. Omer or Cheryl McLaughlin Owner or Agent's Printed Name Appl cant's Sign -e i2a 13 a ,L T LI L a.. .. Applicant's Printed Name Office Use Only: Date Received: i - 2_1-1 S Received By: l 1 ADP: \ALS Rezoning Feer 1(u92. S 3 + PUD Fee + Sign Fee 10. tip = Total Fee "T 1 `102 SO No. Signs Required ® SID/sign Sign Posting Date: 15-1 I- IS K:hDEVELOPMErirsvcoSHAREDIANO DEVELOPM9,ID.5PPUCATION FORAISPIMONINGUONING APPLICATION 2016000 Fenn Revised 511212015 PEAK HOUR TRAFFIC (PHT) FORM A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). J Property Address: -3/ 0 / (Ip My v 1f� o. d Legal Description (Subdivision, Lot, Block): /14,4ti 1 aeit Z01 / Nock 2. Applicant Name: 7eXa.5 6e,,•a7uti aCIr5iNeern" sestet bad Acirvev;" Z,ie . Address: 56 J, jiatiole5 S,r ,..316/e 8-2 City/State/Zip: Gor,a5 Cl1Yi07/1, 75( 76i/M Telephone: (36/) 99 3 - 0 90 8 Email: robev / t'.tst xgs5) eoieeh . cosi Rezoning _ Site Plan ESlreet Closure Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826.3240 www.cctcxas.com Application Status (Select One): Existing Land Use Tract Acres Building (SF) Zoning Land Use I.T.B. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 9./6 /35vn:41 1901/8 -4, m//"vale 2VD etc/' S9 oGV ¢?/ Ante ,wk Proposed Land Use Tract Acres Building (SF) Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rale Peak P.M. Trips 1./6 zoo 1/0/s / V RV Park 26t0 a. YV 99 6.40 /zeo Total 8$ Total /2-0 Abutting Streets Street Name Access Proposed To Street? Pavement Width (F1) ROW Width (FT) Oa River Road t/e5 g 10 For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with n the City to discuss the scope and requirements of the analysis prior to beginning the TIA. L� l A Traffic impact Analysis is NOTrequired. The proposed traffic generated does not n exceed the established threshold. ! ! The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Dote: Note. This completed and reviewed form must accompany any subsequent appticaton for the IDENTICAL project. CHANGES to the proposed project will require a new TIA determination to be made. LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed buildings)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The proposed zoning request applies to three adjoining land tracts totaling 9.16 acres in area. Existing land use on the three tracts consists primarily of RV park use, with limited mobile home park use, and some unused vacant property. The total current mobile home and RV parking space count is 135. The proposed land use will include elimination of the mobile home park use, and expansion of the RV park use to these areas, as well as the currently vacant land areas. The proposed RV parking space count is 200. Re -platting of the three adjoining land tracts into a single property Is contingent upon approval of this re -zoning request. Expansion of the RV park use will include improvements to site access, utilities, and other support systems as required to comply with the applicable statutes, codes, ordinances, and industry guidelines. 2. Identify the existing land uses adjoining the area of request: North - South - East - West - Pa/pc. — e4 d ono l (44i lehoo/) Vacani sutd /ndusirf4l Puhl/e.- CemeTLfry 5:n1/4. P4$i/4 ep 'der 71/41 GiUSERWANVAR.A00 eracromAiry USEVUOSKALL ND USE STATEMENT FOS ZONlNGCOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Ever( question must be answered. If the question is not applicable, answer with `NA". NAME: Cheryl McLaughlin STREET: 3101 Up River Road Cin: Corpus Christi FIRM is:OCorporation °Partnership °Sole Owner °Association ZIP: 78408 ® other LLC DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Cheryl McLaughlin (Print Name) Signature of Certifying Person: /711„Taeg42. Title: PALOattOL Date: &Al hs- KTOEVELOPMENTSVCSISHAREDUAND DEVELOPMENTIAPPLICATION FORMSIREZONINGOGIOLOSURE OF INTERESTS STAT HENT 5.72.2015.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: TV goTi 4H Eki ct=?J4 t lea Nr, 50evEyrr, . STREET: 5525-.5 • $14 t'iA CITY: (u ae u°, Clef at S -t ZIP: 1$ Y 11 FIRM is:QCorporation °Partnership °Sole Owner °Association Other .14G. &.lT DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm". Job Title and City Department (if known) Name /4 2. State the names of each "official" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant 1/A CERTIFICATE I certify that all Information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to /� the City of Corpus Christi, Texas as changes occur. Certifying Person: t� o p, cn.T (c, aft a (j Title: PRA S e.c r -i 43 113-6 (en_ ;Print Name) ,. Signature of Certifying Person: Date: 1 1 ' S I::IDNELOPMENTGVCS MAREOALMIo DEVELOPME m FP XaMON fORLL51RaONIINa4DiSCLO LIRE OF ENTERESTS 67.•.TBelo 5.12.2015.DOc John A. McLaughlin, II Mary E. McLaughlin 233 Indiana Avenue Corpus Christi, TX 78404 Email: bettyemcl@yahoo.com Mobil: 1-361416-6045 July 24, 2015 Beverly Priestley �_Janning IechnirJan Development Services City of Corpus Christi Dear Beverly Priestley: At the request of the borrower, Cheryl McLaughlin and Hatch, LLC, this letter is your authorization to proceed with the rezoning of the property located at 3101 Up River Road legally known as 9.51 acre tract of land and being all of Lot 1 and Lot 2, Block 2 of the Hatch Tract, the called 0.11 acre tract, and that remaining portion of a called 9.47 acre tract of land as recorded in Doc# 2014001834 of the Wilda! Public Records of Real Property of Nueces County, Texas. As lienholder, John A McLaughlin, II and Mary E. McLaughlin, authorize and approve the rezoning of the above described property Should you have questions or concerns, please feel free to contact us. Sincerely, Gt 8. John A. McLaughlin, II Mary E. McLaughlin Cc: Cheryl McLaughlin, Robert Torres Community Bank 1.1E? 13ER 1°0IC July 24, 2015 Beverly Priestley Planning Technician Development Services City of Corpus Christi Re: rezoning application for Hatch RV Park Dear Beverly, At the request of our borrower, this letter is your authorization to proceed with the rezoning of the property located at 3215 Up River Road legally known as a 2,00 Ac. Out of 3.94 Ac., Tract E (Tract 1-1.2 Ac, & Tract II - 2.3 Ac.), Peterson Tract out of Frances Hatch Tract as in Doc# 959620 of the Official Public Records of Real Property of Nueces County, Texas. As lienholder,1si Community Bank, authorizes and approves the rezoning of the above described property. Should you have questions or concerns please feel free to contact us. LJ� Joe Davis Asst. VP Loan officer ALICE 1600 East ,\lain ,lice, TX 78332 361/664.8775 FAX 361/664.3325 CORPUS CHRISTI 4201 5. Alameda Corpus Christi. TX 78412 361/985.9310 FAX 361/985.9468 CORPUS CHRISTI 416 North Water Corpus Christi. TX 78401 361/888-931t1 FAX 361/888.9468 CORPUS CHRISTI 5406 Everhart Corpus Christi. TX 78411 361/993-9310 FAX 361/993-9468 www.fcbot.com KINGSVILLE 1629 lirahma d Kingsville. TX 78361 361/592.8002 FAX 361/592.8022 PORTLAND 1001 Wildcat Dr Portland, TX 71137.1 361/643.9310 FAX 361/643.0095 PADRE ISLAND 14254 S. Padre Island Dr . Ste. � Corpus Christi. TX 78418 361/949.9310 FAX 361/949-0095 APPOINTMENT OF AGENT As owner of the subject property, l hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: %x4 S (1, ec t-1 -7p Rr2 pr. Mailing Address:5 z 5 S . S ?A ei ,es -S State: TX Zip: t,/1 / City: Corpus Christi Home Phone: ( ) Business Phone: t -C 611: (-3(0 t ) 9i0y 3 -08,08 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, l fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent bas less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application arc part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. 1f my property is owned by a corporation, partnership, venture, or other legal entity, then 1 certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "1", "my", or "me" is a reference to the entity. *Signature of Agent: Title: 4'Z Printed/Typed Name of Agent: 2oP)rzvZ.-r T n -S Date: (0- zot - ! S� *Signature of Property Owner: (?h47// , Printed/Typed Name of Property Owner: Cheryl McLaugh in Title: President Date: 6/29/2015 *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W.Brown.APPOINTME7+TTOF AGENII- I9-o9.do¢ LAND SURVEYING, INC. 111/ TexasGeoTech EXIHIBITA CURRENT ZONING AND USE-RMIIAND RS -6 PROPOSED ZONING AND USE -RV Being a 9.16 acre tract (398821.40 Sq. Ft.) of land lying within the Corporate City Limits of Corpus Christi, Nueces County Texas, out of the E Villareal Survey being a portion of Lot 1, Block 2, batch Tract es shown on the map or plat thereof recorded in Volume 47, Page 98, Map Records Nueces County Texas an being all ofa called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC u recorded under Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion ofa called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded tinder Document No, 201401834 Official Public Records, Nueces County, Texas and being a portion ofa called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas and being more fully described by metes and bounds as follows: BEGINNING at a Found 1 inch steel pipe at the southeast corner of said Lot 1, Block 2, Hatch Tract and the southeast corner of this herein described tract from whence a Found 1 inch steel pipe in the south right- of-way line of Up River Road, at the northeast corner of said Lot 1 bears N 01°39'28" W a distance of 1162.80 feet; THENCE: S 88-.20'14" W with the south line of said Lot I and the south line of this herein described tract, a distance of 544.17 feet to a Found 5/8 inch steel rebar for the southwest comer of said Lot 1 and the southwest comer of this herein described tract; THENCE: N 02°05'21" W with the common west line of said Lot 1 and this herein described tract, a distance 236.88 feet to a Found 1 inch steel pipe in the at the southwest corner of said 2.00 acre tract for an angle point in the west line of this herein described tract; THENCE: N 0I°35'52" W with the common west line of said 2.00 acre tract and this herein described tract, a distance of 621.17 feet to a Found 1 inch steel pipe for the northwest comer of said 2,00 acre tract and this herein described tract; THENCE N 88°24'57" E with the north line of said 2.00 acre tract and this herein described tract passing Found 5/8 inch steel rebar at the northeast corner of said 2.00 acre tract at a distance of 134.49 feet and continuing across and into the said 1.681 acre tract for a total distance of 267.29 feet to a point in the common line of the said 1.681 acre tract and the said 1.13 acre for an interior ell comer in the north line of this herein described tract; THENCE: N 01°42'35" W with the common line of the same a distance of 68.49 feet to a point; THENCE: N 88°11'46" E across said 1.31 acre tract a distance of 94.51 feet to a point in the upper west line of said Lot 1 for the most northeast corner of this herein described tract, THENCE: S 02°00' 18" E with the common line of said Lot 1, said 131 acre tract and this herein described tract a distance of224.91 feet to a point; THENCE: across end in said Lot 1 the following courses and distances: 1) N 86°32'32" E a distance of 78.18 feet to a point for a comer; 2) S 03°33'01" E a distance of 257.34 feet to a point for a comer; 3) S 12°35'54" W a distance of 262.13 feet to a point for a comer, 4) S 88°56'21" E s distance of 115.99 feet to a point for a corner; 5) N 0294'19" W a distance of 245.72 feet to a point for a comes; 6) N 8097'20" E a distance of47.21 fat to a point for a comer in the cast line of said Lot 1; THENCE: S 0I039'28" E with cast line of said lot 1 and this herein described tracta distance of439.49 feet to the POINT OF BEGINNING and containing 9.16 acres (398821.40 Sq. FL) of land more or less. BEARINGS AND DISTANCES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NADU TEXAS SOUTH ZONE THIS SURVEY WAS PERFORMED UNDER MY DIRECT SUPERVISION AND 1S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. June 25, 2015 150518F14 -.doe Joe B. Crosby Registered Professional Land Surveyor Number 5566 16(63( 3525 S. STAPLES ST. SUITE 82- CORPUSCHRJST1. TEXAS 78411- PHONE 361493-2935 -FAX JAI -993493S x Eng Ia 1142 t4 �o 499. ♦ N88'2s4'57"E 'w' 267.29' 411 SCALE 1." = 200' N n u ei ggW rig 942 to do EXHIBIT "B" __/\1-43* CURRENT ZONING AND W USE—RS-8 PROPOSED ZONING AND USE—RV 9 m t]r LOT 1. BLOCK 2 HATCH TRACT VOLUME 47. PAGE 98 IA.R.H.C.T. TOTAL 9.16 Acres. Q- 398821.40 Sq.ft. Qa CEIAENIERRYY HOLY CR Q fpi 15 CURRENT ZONING AND USE—R191 PROPOSED ZONING AND USE—RV 588'2014"W HOUSTON COPART SALVAGE AUTO AUCTIONS LAUD PARTNERSHIP CALLED 8.37AC. DOCS 20020292-62 0.PJLN.C.T. 544.17' HIRSCH GOLDSTEIN TRACT CALLED 4.539AC. VOLUME 1494. PAGE 351-353 D.R.N.C,T. I, JOSEPH B. CROSBY, A REGISTERED PROFESSIONAL LAND SURVEYOR, THAT THIS SURVEY REPRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS, THIS THE 14th DAY OF JUNE 25, 2015. JOSEPH B. CROSBY REGISTERED PROFESSIONAL LAND SURVEYOR LICENSE No. 5565 (N to IJ m so to, CARRIAGE CEMENTERY SERV. ROSE HILL PARK CEAIENTERY DOC.1I9990139-48 O.P.R.N.C.T. L1 N1'42'35"W 68.49' L2 N8811'46"E 94.51' L3 N86'32'32'E _ 78.18' L4 51215'54'W 262.13' L5 , 588'56'21'Z 115.99' L6 N214'19'W 245.72' L7 N8017'20"E 47.21' 9.16 ACRE TRACT Being a 9.16 acre tract (398821.40 Sq. Ft) ofland Tying within the Corporate City Limits of Corpus Christi, Nueces County Texas, out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract as shown on the map or plat thereof recorded in Volume 47, Page 98, Map Records Nueces County Texas an being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion ofa called 1.13 acre Tract conveyed to Jahn A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas. TEXAS GEO TECH ENGINEERING & LAND SURVEYING, INC 5525 S. STAPLES ST. SUITE B2 Corpus Christi. TX 78411 (381) 993-0808 Fax (351) 993-2958 DATE: JUNE 25, 2015 DRAWN: RC SCALE: 1" — 200' JOB NUMBER: 150518—Z APPROVED: JBC SURVEY: RC & BP Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, que tienen la intention de asistir a esta junta y que reauieren servicios especiales. se les suplica que den aviso 48 horas antes de la junta Ilamando al denartamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su inoles es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al Humero (361) 826-3240 al menos 48 horas- S -de la junta para solicitor— un interprete ser Dresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0815-04 SEP 0 3 2015 DEVELOPMENT SERVICES Cheryl McLaughlin and Hatch, LLC has petitioned the City of Corpus Christi to consider ill "RMH" Manufactured Home District and the "RS -6" Single -Family 6 District to the "RV" Recreational Vehicle Park District, for expansion of an existing recreational vehicle park. The property to be rezoned is described as: Being a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas, located at 3101 Up River Road between Westgate Drive and Palm Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 9, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers,1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an appilcant or appellant concerning an application or appeal, either at home or office, or Inperson, by telephone call or by letter. Printed Name: Address: 3 1 I L)-€4,- Parch (1IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000046 #30, 36, 37 CitylState: ,Q f,,1 CIA.Aim ,. Phone: 6Z-1 O 'J (SSS Case No. 0815-04 Project Manager: Dolores Wood City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 Ms. Cheryl McLaughlin 8 Hatch, LLC Property Owner 3101 Up River Road CORPUS CHRISTI, TX 78408 RS -6 ‘ 0 R S -6 . ti eillir :1. . 4' 1 1111 1 mil 1 ! 1" mu if CASE: 0815-04 SUBJECT PROPERTY WITH ZONING ® Subject Property RIO 1 1Rbdamily 1 RM -2 Moklhmly 2 R613 MURllamly 2 ON Professional 011ie. MAT MURY.mIy AT CN -1 Neighborhood C.mmelelsl CN4 Nelehb.rhood C.mnuelal CR • I Reser Commercial CR•2 CO 1 Coo CI e1D CR4 FR H IP Relied CPmmerolei General Comm+rt .1 General Commercial Inlfnales Cammereut Dawm.wn Comm.r.l.l Reser Commercial Fenn Rural Hlelane Oreray emMes Pam IL Light Industrial 01 Heavy Indufld.l PUD Planned Unit Der. overlay O e410 gl.i mly 1U RSd {matt -Foody e 03-4.e IbuidoFamly4-d R3 -TP Tee-Famiy O 340 binpl.•F.mly 17 RB Residential Estate p$.T$ Trwmhouse SP 3peclel Permit Ry Bernath:AN delude Parr RMH aInuiaod.ed Home eft Dar. Cele*, 1137013 Pimps red By/ersmym Deparmsnf or Derelopm.nl 3errkes 4J LOCATION MAP( NF Y BOWS 00.486 iG 28 2015 ODE 78412 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incanacidades, aue tienen la intencion de asistir a esta junta v que requieren servicios esoeciales. se les suolica oue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a Ia commission durante la iunta v su inoles es limitedo, favor de !lamer al departamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de Ia junta para solicitar un interorete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0815-04 SEP 0 3 2615 Cheryl McLaughlin and Hatch, LLC has petitioned the City of Corpus Christi to consider a l � p oning frorfi W CES "RMH" Manufactured Home District and the "RS -6" Single -Family 6 District to the "RY r ationalEVeliicle5 Park District, for expansion of an existing recreational vehicle park. The property to be oned-is-described as: Being a 9.16 acre tract of land out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded in Document No. 2014000941 Official Public Records, Nueces County, Texas and being a portion of a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded under Document No. 201401834 Official Public Records, Nueces County, Texas and being a portion of a called 1.13 acre tract conveyed to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed Records, Nueces County, Texas, located at 3101 Up River Road between Westgate Drive and Palm Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 9, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or oflige, or inperson, by telephone call or by letter. Printed Name: Address: ( ) IN FAVOR REA ON: r ( OPPOSITION SEE MAP ON REVERSE SIDE Property Owner ID: 24 HTE# 15-10000046 /:, 4-71 NMI P 1 CitylState: Phone: Signatu Case No. 0815-04 Project Manager: Dolores Wood City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 24 329500020070 GARZA G RUDOLPH JR 8 1DOLINA RAMOS JIMENIZ 3305 UP RIVER ROAD CORPUS CHRISTI, TX 78408 +� ® PtINTV HOWLS 02 1M $ 00.485 0004287110 AUG28 2015 MAILED FROM ZIP CODE 7841 2 RS GRANADA SI tea REIIW04D OR — FA A/ /rK SUBJECT PROPER/TY RV '0 0 / //A 400 RS.5 Dern Cameo 1137010 prapatad By j.mrrym Dep.11m.n101 Development Semh:e. CASE: 0815-04 SUBJECT PROPERTY WITH ZONING Subject Property RUT esuRaamIy 1 RIA•7 laett1famly 2 Res -1 1M11t0emly 3 qµ Praesaaes0el OM* MAT I.h1Rllamly AT CN.1 N.Iyhborh000 Cenamenclel CN 7 Igryhbmhoad Cemmer0Nl CR •1 Re.ori Commercial CR3 Resort Commences! CCI=1 General Commercial CD•2 General Commercial CI Intens we Commercial O 10 Downtown Commercial CR 3 Resort Comme0011 FR Farm Rural N 0105Orte Crtlay BP 001.101. Part IL Light Industrial M leeany hW,fHtal PUD Rand Unit Der. overlay 115-10 610411-Fendy 10 O 04 IInyO.FamIy 4 03.00 tlnyl..Famlya.F RS -TF Two -Family 1115-15 3lnyle.FamI1y 15 RE Re.1OrnUL1 Eitale RS-TH To-nhoe e Sp Sp/refill Permit RV Recreational VeI-OM part RYH Rlanolactured Ham. a R L LOCATION MAP Corpus Christi Aerial Overview �•'NTELOPE1 T FM KM X624 rym FM 7074 r v /H3, U 5v�9� CR 44 CR 40 Y -60,51,0 �IPkNVicinity CR 40 CR 36 A M^tYM v Map FM 2826 ^ ^ PEAR a pQ�60 C,125 M � � U F�' CR 24 FM 665 ,� FM 2444 m S' �+ "' O FL?. CR 16 g z 05o QQ" GR 74 FM 43 y °'F,14, 1 Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 20, 2015 Second Reading for the City Council Meeting of October 27, 2015 DATE: September 28, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 15205 Northwest Boulevard. CAPTION: Case No. 0915-01 Al Development, Inc.: A change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District. The property is described as being a 14.25 acre tract of land out of a 91.594 acre tract of land as recorded in Document Number 2012050691, Deed Records of Nueces County, Texas, located approximately 260 feet south of Northwest Boulevard (FM 624) between CR 73 and FM 1889. PURPOSE: The purpose of this item is to rezone the property to allow construction of an apartment complex. RECOMMENDATION: Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant proposes a 160 -unit gated apartment complex. Sufficient street capacity exists to handle the traffic generated from the proposed apartment complex. While much of the area is vacant and much more traffic will be generated from future full development, the impact to the street system from the increase in development density will be mitigated by several factors per the attached report. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment and it is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The rezoning is consistent with elements of the City's Comprehensive Plan, is compatible with the adjacent neighborhood and land uses and would not have a negative impact on the surrounding neighborhood ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "RM -1" Multifamily District is not consistent with the Northwest Future Land Use map's designation of the property as low density residential but is consistent with a several important goals of the city such as infill development and land use compatibility. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 1111t Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Al Development, Inc. ("Owner") by changing the UDC Zoning Map in reference to a 14.25 acre tract of land out of a 91.594 acre tract of land as recorded in Document Number 2012050691, Deed Records of Nueces County, Texas, from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Al Development, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 9, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RM -1" Multifamily 1 District, and on Tuesday, October 20, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Al Development, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 14.25 acre tract of land out of a 91.594 acre tract of land as recorded in Document Number 2012050691, Deed Records of Nueces County, Texas, located approximately 260 feet south of Northwest Boulevard (FM 624) between CR 73 and FM 1889 (the "Property"), from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District; (Zoning Map No. 069050), resulting in a change to the Future Land Use Map from low density residential uses to medium density residential uses, as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Ordinance_0915-01 Al Development, Inc. Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_0915-01 Al Development, Inc. Page 3 of 3 LEGAL DESCRIPTION 14.25 ACRE TRACT A 14.25 ACRE TRACT OF LAND OUT OF A 91.594 ACRE TRACT OF LAND AS RECORDED IN DOCUMENT NUMBER 2012050691, DEED RECORDS, NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING at a found 5/8 inch iron rod for the northwest corner of said 91.594 acre tract, and for the northwest corner of the herein described tract; THENCE South 84°54'22" East, with the north line of said 91.594 acre tract, a distance of 1134.59 feet, for a corner of the herein described tract; THENCE South 09°04'48" West, a distance of 568.97 feet to a calculated point for the southeast corner of the herein described tract; THENCE North 81°12'35" West, a distance of 105.63 feet to a calculated point for a corner of the herein described tract; THENCE North 67°38'14" West, a distance of 79.30 feet to a calculated point for a corner of the herein described tract; THENCE North 62°01'05" West, a distance of 70.52 feet to a calculated point for a corner of the herein described tract; THENCE South 75°01'04" West, a distance of 145.62 feet to a calculated point for a corner of the herein described tract; THENCE North 84°54'22" West, a distance of 139.97 feet to a calculated point for a corner of the herein described tract; THENCE North 46°52' 11" West, a distance of 60.56 feet to a calculated point for a corner of the herein described tract; THENCE North 84°54'22" West, a distance of 153.62 feet to a calculated point for a corner of the herein described tract; THENCE South 57°03'13" West, a distance of 60.56 feet to a calculated point for a corner of the herein described tract; THENCE North 84°54'22" West, a distance of 359.35 feet to a calculated point for a corner of the herein described tract; S:\9031\REZQNING PARCEL -14.25 Acre ParceLdocx EXHIBIT "A" Page 1 of 2 THENCE North 08°47'25" East, with west line of said 91.594 acre tract, a distance of 560.98 feet to the POINT OF BEGINNING and containing 14.25 acres of land. ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS PLANE COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD 1983). o )\( Nru, Stacey King}Meda, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F#355 TBPLS#100395-00 Date Ra4c, 0, (')15' S:\9031\REZONING PARCEL -14.25 Acre Parcel.docx EXHIBIT "A" Page 2 of 2 A.. 1I8IHX3 NOTICE: FOR PERMITTING PURPOSES ONLY, NOT FOR BIDDING OR CONSTRUCTION Mu98 Z1. 01,9N 1ZS"OL MSO h V0 29N FR N8° 47 25"E 560.98' 32Z ij79 018S 0) CO twN*No 11N8N-t't CU Gz z--1 z G) GA781S3MHI ION N 3 01 0 S9° 04' 48"W 568.97' RS -4.5 MINaismithEngineering,Inc ARCHITECTURE®ENGINEERING ■ ENVIRONMENTAL USURVEYING TAAE F135538TBPE F3558TBPG F500171ITBPLS F-100395.00 4501 GOLLIHAR ROAD 4815 BRAZOS, 50118 300 789 E. WASHINGTON ST 405 W POWER AVE. CORPUS CHRIST/, TX 78411 AUSTIN, TX 78701 BROWNSVILLE, 1X 78520 VICTORIA, TX 77901 (361) 814 - 9900 (512) 708 - 9322 (956) 541-1155 (361) 894 - 7488 NAISMIfH-ENGINE? 0ING.COM EXHIBIT "B" ZONING CHANGE AREA DRAWN EY: JA CHECKED 9Y: SKM APPRCYFDBY: SKM NOTED DAmPROJDGrM)LtDa 03/20)5I 9031-03 PEASKKt CITY OF CORPUS CHRISTI, TEXAS I SHEET 1 OF 1 PLANNING COMMISSION FINAL REPORT Case No. 0915-01 HTE No. 15-10000019 Planning Commission Hearing Date: September 9, 2015 Applicant & Legal Ilncrrinfinn Representative: Naismith Engineering, Inc. Owner: Al Development, Inc. Legal Description/Location: Being a 14.25 acre tract of land out of a 91.594 acre tract of land as recorded in Document Number 2012050691, Deed Records of Nueces County, Texas, located approximately 260 feet south of Northwest Boulevard (FM 624) between CR 73 and FM 1889. Zoning Request From: "RS -6" Single -Family 6 District To: "RM -1" Multifamily 1 District Area: 14.25 acres Purpose of Request: To allow construction of an apartment complex. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single- Family 6 Vacant Low Density Residential North "CG -2" General Commercial Vacant Commercial South "RS -6" Single- Family 6 Vacant Low Density Residential East "RS -4.5" Single- Family 4.5 Vacant Low Density Residential West "FR" Farm Rural Vacant Medium and Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RM -1" Multifamily 1 District is not consistent with the adopted Future Land Use Plan or the Northwest Area Development Plan. Map No.: 069050 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located approximately 260 feet south of Northwest Boulevard, which is an "A3" Primary Arterial Divided street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportatio n Plan Type Proposed Section Existing Section Traffic Volume (2013) Northwest Boulevard "A3" Primary Arterial Divided 130' ROW 79' paved 140' ROW 90' paved 14,113 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District to allow the construction of an apartment complex. Development Plan: The applicant is proposing a 160 unit gated apartment complex consisting of 20 buildings with eight units each. Access to the site will initially be from an abutting CG -2 zoned property fronting on Northwest Boulevard. The Unified Development Code requires a 20 -foot street yard setback (same for the "CG -2" and "RM -1" Districts). Minimum side and rear yards of 10 -feet are required. However, any multi -family building must be setback from the abutting "RS -4.5" and "RS -6" Districts at a ratio of 1:2 or two -foot of setback for each foot of building height where abutting RS Districts. Maximum height of the "RM -1" District is 45 feet except if the development has 40% or more in non -vehicular open space then there is no height limit. Existing Land Uses & Zoning: The subject property and all adjacent properties are vacant. The property to the north is zoned "CG -2" General Commercial, the subject property and property to the south is zoned "RS -6" Single -Family 6 Residential, property to the east is zoned "RS 4.5" Single -Family 4.5, and to the west is "FR" Farm Rural zoning. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "RM -1" Multifamily District is not consistent with the Northwest Future Land Use map's designation of the property as low density residential. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: - The Corpus Christi Policy Statements suggest multifamily use as a good buffer use between commercial (along Northwest Blvd.) and areas designated for low density residential uses south of the subject property. The proposed rezoning is consistent with this buffer concept illustrated in the Corpus Christi Policy Statements. - The setback requirements of the Unified Development Code are generally sufficient to mitigate most incompatibilities between the adjacent future single- family residential areas and the proposed apartment complex. Planning Commission Final Report Page 3 - The area was annexed into the city in 1995 and has remained undeveloped. A goal of the city is to encourage infill development and the proposed development is consistent with this goal. Locating multifamily uses near commercial services creates opportunities for walking or biking to nearby services, thereby reducing the number of vehicles on city streets. - The change of zoning will not impact any existing and abutting single-family development. Plat Status: The subject property is not platted and must be platted prior to issuance of any building permits. Department Comments: • The proposed rezoning deviates from the Future Land Use plan map but is consistent with a several important goals of the city. o Encourage infill development; o Encourage land use compatibility. • Sufficient street capacity exists to handle the traffic generated from the proposed apartment complex. The proposed development for 160 apartment units at 11 units per acre is estimated to generate 1,064 trips per day. At the "RM -1" District maximum density of 22 units per acre the site could be developed with 313 apartment units and generate an estimated 2,084 trips per day. • While much of the area is vacant and much more traffic will be generated from future full development, the impact to the street system from the increase in development density will be mitigated by: o Development of the arterial and collector street grid in accordance with the Urban Transportation Plan. Currently, the arterial and collector grid network is only partially developed or non-existent in the area. o The likely continuation of pockets of large lot rural very low density and low traffic generating developments in the area. • A staff concern for an apartment project of this magnitude is the single point of access to a single street, Northwest Boulevard. While the city does not have a requirement or standard for multiple points of access in the Unified Development Code, a "best practice" would be to have at least two points of access for large apartment complexes. While there is not presently two streets to connect to, the design of the project could allow for a future connection as the property owner owns much of the surrounding land areas. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily District. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 5 within 200 -foot notification area 5 outside notification area As of September 28, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Public Comments Received (If Any) 3. Application K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0915-01 Al Development\PC Documents\Report for PC_0915-01 Al Development, Inc..docx N FR 0 2 U m M M CG -2 O W RIVERVIEW DR ti N N NORTHWEST BLVD SUBJECT PROPERTY 400 800 Feet N RS -4.5 W Date Created: 8/12/2015 Prepared By: LARRYF Department of Development Services CASE: 0915-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY FMr64� 111114 City of Corpus Christi 10000011 CITY OP CORPUS CHRISTI DEVELOPMENT SERVICES P,O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Location: City Hall Council Chambers,1201 Leopard Street at 5:30 p.m. Located at 2406 Leopard Street G *A maximum of flue applications are scheduled per hearing. Applications received after the five (Comer of Leopard Street and Port Avenue) rrrar}nun will be scheduled to the next available meet, . APPLICATION FOR A CHANGE OF ZONING Case No.: 0915-01 Map No.: 069050 *Planning Commission Hearing Date: 9/9/15 I. Applicant/Representative: Naismith Engineering, Inc. Telephone: ( 361 ) 814 - 9900 Address (City, State, Zip): 4501 Gollihar Road, Corpus Christi, Texas 78411 E-mail Address: Cell Phone: (NIA ) 2. Property Owner(s): Al Develo ment, Inc. Telephone: (N/A ) Address (City, State, Zip): 24 W Bar Le Doc Drive, Corpus Christi, Texas 78414 E-mail Address: Cell Phone: (361 ) 510 - 5432 Ownership Type: El Sole ❑Partnership QCorpotation ❑Other:. 3. Current Zoning and Use: RS -6 Proposed Zoning and Use: RM -1 Project Address: 15205 Northwest Blvd I2 -Digit Nueces County Tax ID: 4 9 6 3- 0 0 0 0- 4 0 0 2 If platted, Subdivision Name: Block: Lot(s): Legal description: Mcintvre Partition 91.594 acres out of tract 4 Area of Request (sq. ft./acres):14.25 Ac. 4. DOCUMENTS ATTACHED REQUIRED: QLand Use Statement ODiscIosure of Interest 0 Copy of Warranty Deed IF APPLICABLE:DExecuted Appointment of Agent Q Metes and bounds if request is fora portion of a platted lot or an unplaticd lot 1 certify,lhat the information provided is accurate, correct and signed b a14 owners. C1-9 �vner's Signature) Alireza Mostaghasi (Owner's Printed Name) Applicant's Signature) Thomas B. Tiffin, P.E. (Applicant's Printed Nnmc) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as of November I, 2011): 0.00 - 0.99 acre $ 1,107.50 1.00 - 9.99 acres S 1,692.50 10.00 - 24.99 acres $ 1,976.75 25 + acres $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign K:SDEVELOPMENTSVCSISRAREDILANDDEVELOPMENTORD11VANCFADMIN1STRATIONhAPPLICATION FORMSIFORMS AS PER iEDALLa121ZON1Nl3 APPLICATION 2012AOC Office Use Only Date Received: Received By: Application Fee: 1 q -J (v • 75 No. Signs Required 1 X $10 Sign Fee: 1 c)- n 0 Total: j elSG •75 Sign Posting Date: 8/28/15 ADP: NW Form Revised 8/24/12 Rcv� 3/r/s CITY CIF CORPUS CHRISTI DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at: 2406 Leopard 5t LAND USE STATEMENT Complete land use statement form containing the following information: 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed buildings)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The intended use will be for a gated apartment complex consisting of 20 buildings with 8 units each, ranging from 1 to 3 bedrooms. The complex will also have amenities and a detention pond. 2. Identify the existing land uses adjoining the area of request: North - CG -2 South - RS -6 East - RS -4.5 West - FR K \DEVELOPMENTSVCS'SHAREDILAND DE VELOPMLNI1ORDlNANc'E ADMINISTRATIMAPPLICATION PORMSFORMS AS PER LEGALILAND USE STATEMENT FOIL ZONING.DOC • .• ' City of Corpus = Christi lowsolartmitarlo DISCLOSURE OF INTERESTS City tar Carpus Christi, Texas Department of Dcveloprncnt Service P.D. Box 4277 Corpus Christi, Tares 78469.9277 (361) /326-3240 Located at 2406 Leopard Street (Comer of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Al Development, Inc. STREET: 24 W Bar Le Doc Drive CIN: Corpus Christi, Texas ZIP: 78414 FIRM is: In Corporation 0 Partnership 0 Sole Owner ❑ Association 0 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) nla nla 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title nla nla 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee n/a n/a 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name n/a Consultant n/a CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Alireza Mostaghasi Title: Owner (Print) Signature of Certifying Person: 1 Date: KMEYELOPMENTSVCSISHARLE RLAND DEVELOPMENrtiORDINANCE AIMINISTRATTDIMPl'LICAT.ON FORMSIFORAIS AS PER LCGAL4OE21D1SCLOSURE OF INTERESTS STATEMENTI27 I2.DOC `....tio. City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O, Box 9277 Corpus Christi, Texas 78469-9277 (361)826.3240 Located al: 2406 Leopard Street (Comer of Leopard St. and Port Ave ) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Naismith Engineering, Inc. STREET: 4501 Gollihar Rd. CITY: Corpus Christi Zip: 78411 FIRM is: 0 Corporation ❑ Partnership ❑ Sole Owner ❑ Association 0 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Job Title and City Department (if known) n/a n/a 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title n/a n/a 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee n/a n/a 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant n/a n/a CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Thomas B. Tiffin, P.E.Title: Engineer (Print) Signature of Certifying Person: Date: 3/ z4720l KSDEVELOPMENTSVCSLSHAREDII.AND DEVELOPMENPORDINANN ADMINISTRATIONIAPPLICATION FORMS\FORMS AS PER LEGAL120I25DISCLOSURE OF INTERESTS STATEME4111T 12,DOC PEAK HOUR TRAFFIC (PHT) FORM Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 wu w cctcxas.com A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A,M. or P.M.) trips (UDC Section 329.4). Property Address: 15205 Northwest Blvd Legal Description (Subdivision, Lot, Block): Mcntyre Partition 91 594 acres out of Tract 4 Applicant Name: Al Development Inc. Address: 24 W Bar Le Doc Drive City/StatelZip: Corpus Chtisti, Texas 78414 Telephone: Email: Application Status (Select One): 0 Rezoning _❑ Site P1anjStreet Closure Existing Land Use Tract Acres Building (SF) Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M, Trips 14.25 0 RS -6 Vacant - - - - - 14.25 160 UNITS RM -1 Multi -Family 220 0.55 88.00 0.67 107.20 4. Proposed Land Use Tract Acres Building (SF) Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 14.25 160 UNITS RM -1 Multi -Family 220 0.55 88.00 0.67 107.20 4. Total 88.00 Total 107.20 Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) Northwest Blvd (FM 624) Yes 88.00 150.00 For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with ®the City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not nI exceed the established threshold. I The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date. Note: This completed and reviewed form must accompany any subsequent application for the IDENTICAL project CHANGES 11. the proposed project will require a new TIA determination 14 be made, Aerial Overview SH 44 AGNES ST 1 Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 20, 2105 Second Reading for the City Council Meeting of October 27, 2015 DATE: September 28, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 1528, 1536, 1548, and 1604 Rhew Road. CAPTION: Case No. 0915-02 D.L. Johnson: A change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit, not resulting in a change to the Future Land Use Map. The property is described as Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street. PURPOSE: The purpose of this item is to rezone the property to allow a concrete batching plant. RECOMMENDATION: Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to the following nine conditions: 1. Uses: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is a concrete batch plant consisting of portable equipment, and storage of materials and equipment necessary to conduct operations. The concrete batch plant shall not produce more than 600 cubic yards of concrete per day. 2. Dust: Dust control shall be in accordance with all City, State, and Federal requirements and specifications. Dust needs to be controlled at both the operation of the batch plant and the stockpile so that it does not drift across the approach to/from airport runways as indicated in the Airport Hazard Map attached. 3. Lighting: All light shall be directed downward and shielded. It is essential that lighting not be directed toward any of the airport approach/departure paths or towards the control tower. 4. Access: Vehicular access shall be allowed as per the UDC. 5. Screening and Buffering: Screening and buffering shall be as stipulated in the UDC. 6. Noise: The applicant shall comply with the City's Noise Ordinance. 7. Time Limit: Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in five years unless a time extension is approved by the City Council. 8. Hours of Operation: Operations of the concrete batch plant are limited between 4:00 A.M. and 6:00 P.M. 9. Other Requirements: The Special Permit conditions do not preclude compliance with all applicable UDC, Building Code, and State and/or Federal requirements. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit to allow for a heavy industrial use. Heavy industrial uses are permitted in the "IL" Light Industrial district with a Special Permit. The Unified Development Code sets forth review criteria for special use permits and staff believes the proposed use is appropriate at this location given the "IL" Industrial District designation of the subject property. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment and it is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The rezoning is consistent with elements of the City's Comprehensive Plan, is compatible with the adjacent neighborhood and land uses and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. 2. Amend the conditions of the Special Permit. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan. The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit for a temporary concrete batch plant is consistent with the Port/Airport/Violet Area Development Plan and the adopted Future Land Use Map's designation of the property as light industrial. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital fig Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by D.L. Johnson ("Owner"), by changing the UDC Zoning Map in reference to Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of D.L. Johnson ("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, September 9, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested the "IL/SP" Light Industrial District with a Special Permit, and on Tuesday, October 20, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by D.L. Johnson ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street (the "Property"), from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit (Zoning Map No. 056046), as shown in Exhibit "A" and Exhibit "B". Exhibit A, which is a map of the Property and Exhibit "B", which is a site plan for the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the following conditions: 1. Uses: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is a concrete batch plant consisting of portable equipment, and storage of materials and equipment necessary to conduct operations. The concrete batch plant shall not produce more than 600 cubic yards of concrete per day. 2. Dust: Dust control shall be in accordance with all City, State, and Federal requirements and specifications. Dust needs to be controlled at both the operation of the batch plant and the stockpile so that it does not drift across the approach to/from airport runways as indicated in the Airport Hazard Map attached. 3. Lighting: All light shall be directed downward and shielded. It is essential that lighting not be directed toward any of the airport approach/departure paths or towards the control tower. 4. Access: Vehicular access shall be allowed as per the UDC. 5. Screening and Buffering: Screening and buffering shall be as stipulated in the UDC. 6. Noise: The applicant shall comply with the City's Noise Ordinance. 7. Time Limit: Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in five years unless a time extension is approved by the City Council. 8. Hours of Operation: Operations of the concrete batch plant are limited between 4:00 A.M. and 6:00 P.M. 9. Other Requirements: The Special Permit conditions do not preclude compliance with all applicable UDC, Building Code, and State and/or Federal requirements. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. 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 specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance SP_0915-02 D.L. Johnson Page 3 of 3 IL SUBJECT PROPERTY IL IL 2 -i rn W rt 400 800 Feet RMH Date Created: 8/25/2015 Prepared By: LarryF Dzpartment1otiDevelopmeentnSertrice-8= CASE: 0915-02 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 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 AGNES LOCATION MAP ( Cityf —\\ Corpus Christi EXHIBIT "A" z \\ME001\Main\Munoz Engineering\Projects\Highway Barricodes\15DL078 Rhew Rd Lots Zoning Change\Drawings\Civil\C1—PROPOSED SITE LAYOUT.dwg hSf x m IJ 0 v VICINITY MAP SCALE: NTS 5 8 IRON ROD B&W ENG. CAP POINT IF BGINNIN EXISTING POWE: •OLE` i.5' H111 Y. FACT- MFNI VOL 67, PG 173-174 M.R-N.C.T. EXISTING _ICHT POLE EXISTING RCP DL JOHNSON RHEW INDUSTRIAL TRACTS UNIT 1 BLKS 1-4 VOL 67, PG 173-174 M.R.N.C.T. 1DOC NO. 2008054982 0.P.R.N.C.T. EXISTING PROPANE TANK X UNTOP OF CONCRETE PAD XISTING OWER POLE SET 5/8" IRON Rt' "RPLS 5886" CAP 12.5' PRIVATE 'A DRAINAGE EASEMENT VOL 67, PG 173--174 M. P. N.C. T. EXISTING— LIGHT POLE XISTING CL DITCH EXISTING POWER POLE PL EXISTING IRAII ER 10T 3 —EX `TING BUILDING EXISTING RCP EXISTING CHAINLINK FENCE (T{P) EXISTING CONCRETE PAD EXISTING FIRE HYDRA EXISTING WATER METER EXISTING POWER POLE EXISTING RCP 5/8" IRON ROD BQW ENO. CAP DL JOHNSON RHEW INDUSTRIAL TRACTS UNIT 1 BLKS 5-8 VOL 67, PG 173-174 M.R.N.C.T. DOC NO. 2014028427 0.P.R.N.C.T. EXISTING POWER POLE 5/8" IRON ROD B&W ENG. CAP PROPOSED PORTABLE READY MIX PLANT 15UTILITY EASEMENT VOL 67, PG 173-174 A.R.N.C.T. EXISTING FIRE HYDRANT EXISTING ELECTRICAL ::JUNCTN EXISTING TREES TO BE REMOVED 5/8" IRON ROD BCW' ENG. CAP 5 8 IRON ROD B&W ENG. CAP N 1 PROPOSED SITE LAYOUT SCALE: 1" = 60' 60 0 60 120 SCALE: 1" = 60' NOTES & LEGEND: 1. THE AMOUNT OF CONCRETE PRODUCED BY THE TEMPORARY BATCH PLANT IN AN 8 HOUR DAY WILL BE APPROXIMATELY 500 CUBIC YARDS WITH A TOTAL OF 50 TRUCKS PER DAY. 2. THE TEMPORARY BATCH PLANT WILL CONSIST OF A MAXIMUM OF 10 EMPLOYEES DURING NORMAL OPERATING HOURS. X PL OHE RCP PROP 7" CONC PAVEMENT EXIST ASPHALT PAVEMENT EXIST CONCRETE SIDEWALK EXIST CHAINLINK FENCE EXIST PROPERTY LINE EXIST OVEREHEAD POWER LINE EXIST RCP EXIST CL DITCH EXIST TREE EXIST FIRE HYDRANT EXIST WATER METER EXIST POWER POLE 5/8" IRON ROD B&W ENG CAP EXIST LIGHT POLE EXIST ELECTRICAL JUNCTION BOX DRAWN BY: JA 0 2 U m DESCRIPTION 0 z x U • ce ce a a 0 w 0 0 z JUNE 2015 MUNOZ ENGINEERING THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF REVIEW UNDER THE AUTHORITY OF RAMIRO MUNOZ III P.E. #100346 ON 06/17/15 IT IS NOT TO BE USED FOR ANY OTHER PURPOSE. 0 O 00 aX D cc r O 1— 1.- a= W - con ~a co o o cinW 0 0 0 CC W w CC JOB N0. 15DLOr? C1 EXHIBIT "B" PLANNING COMMISSION FINAL REPORT Case No. 0915-02 HTE No. 15-10000047 Planning Commission Hearing Date: September 9, 2015 Applicant & Legal Description Applicant/Property Owner: D.L. Johnson Legal Description/Location: Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street. Zoning Request From: "IL" Light Industrial District To: "IL/SP" Light Industrial District with a Special Permit Area: 4.23 acres Purpose of Request: To allow for a temporary concrete batch plant which is a heavy industrial use. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Vacant Light Industrial North "IL" Light Industrial Light Industrial Light Industrial South "IL" Light Industrial Vacant Light Industrial East "IL" Light Industrial Vacant Light Industrial West "IL" Light Industrial Vacant Light Industrial ADP, Map & Violations Area Development Plan: The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit remains consistent with the adopted Future Land Use Plan and the Port/Airport/Violet Area Development Plan. Map No.: 056046 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 400 feet of frontage on Rhew Road, which is a "C3" Primary Collector street. Planning Commission Final Report Page 2 • a L o E N Ii Street Urban Transportatio n Plan Type Proposed Section Existing Section Traffic Volume Rhew RoadCollector "C3" Primary 75' ROW 50' paved 45' ROW 20' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit, to allow for a concrete batch plant. A concrete batch plant is considered a heavy industrial use. Heavy industrial uses are permitted in the "IL" Light Industrial district with a Special Permit. Development Plan: The applicant proposes to operate a concrete batch plant on the subject property. The equipment at the concrete batch plant is approximately 54 feet in height and is portable equipment. The amount of concrete expected to be produced in an eight-hour day is no more than 600 cubic yards with a total of 50 truck trips per day. The applicant indicates the normal hours of operation are from 6:00 A.M. to 4:00 P.M. Existing Land Uses & Zoning: The properties in the immediate vicinity of the subject lots to the north, south, east, and west of the subject property are all zoned "IL" Light Industrial. All the properties are vacant with the exception of the property to the north, which is developed with light industrial uses. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). However, the site is near Corpus Christi International Airport runway approaches. Plat Status: The subject property is comprised of four (4) platted lots Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan. The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit for a temporary concrete batch plant is consistent with the Port/Airport/Violet Area Development Plan and the adopted Future Land Use Plan's designation of the property as light industrial. The Unified Development Code: The UDC Table 4.6.2 Permitted Uses (Industrial districts) permits Heavy Industrial Uses with a Special Permit. UDC Section 5.1.5.E. Heavy Industrial Uses classifies concrete batch plants as a heavy industrial use. Unified Development Code Special Permit Review Criteria: The Unified Development Code sets forth review criteria for special use permits. Review criteria applicable to this application are as follows: Planning Commission Final Report Page 3 1. The use is consistent with the Comprehensive Plan. 2. The use complements and is compatible with the surrounding uses and community facilities. 3. The impact of the use on public infrastructure can be minimized without negatively impacting existing uses in the area and in the City. 4. The use contributes to, enhances or promotes the welfare of adjacent properties and the surrounding area. 5. The use does not substantially adversely affect adjacent and neighboring uses permitted. 6. The use does conform in all other respect to regulations and standards in this Unified Development Code. 7. The development provides ample off-street parking and loading facilities. Department Comments: 1. A concrete batch plant is a heavy industrial use that the Unified Development Code allows in the "IL" Light Industrial District by Special Permit. A Special Permit is subject to limitations as deemed appropriate by the City Council. 2. The proposed use is appropriate at this location given the "IL" Industrial District designation of the subject property. 3. Residential uses exist approximately 1,300 feet away from the subject property and should not be negatively impacted by the proposed use. 4. The application is consistent with the Special Permit review criteria set forth in the Unified Development Code Section 3.6.3 B. 5. The proposed use will meet a demand that exists from various construction projects throughout the City. 6. Permits from The Texas Commission on Environmental Quality (TCEQ) will ensure operations are conducted in an environmentally sound manner. 7. The site plan submitted is consistent with the criteria set forth in the Unified Development Code. 8. Airport operations are protected through the Special Permit conditions on time limit, dust, and lighting. Planning Commission and Staff Recommendation: Approval of the "IL/SP" Light Industrial District with a Special Permit subject to the following conditions: 1. Uses: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is a concrete batch plant consisting of portable equipment, and storage of materials and equipment necessary to conduct operations. The concrete batch plant shall not produce more than 600 cubic yards of concrete per day. 2. Dust: Dust control shall be in accordance with all City, State, and Federal requirements and specifications. Dust needs to be controlled at both the operation of the batch plant and the stockpile so that it does not drift across the approach to/from airport runways as indicated in the Airport Hazard Map attached. 3. Lighting: All light shall be directed downward and shielded. It is essential that lighting not be directed toward any of the airport approach/departure paths or towards the control tower. 4. Access: Vehicular access shall be allowed as per the UDC. Planning Commission Final Report Page 4 5. Screening and Buffering: Screening and buffering shall be as stipulated in the UDC 6. Noise: The applicant shall comply with the City's Noise Ordinance. 7. Time Limit: Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in five years unless a time extension is approved by the City Council. 8. Hours of Operation: Operations of the concrete batch plant are limited between 4:00 A.M. and 6:00 P.M. 9. Other Requirements: The Special Permit conditions do not preclude compliance with all applicable UDC, Building Code, and State and/or Federal requirements. Public Notification Number of Notices Mailed — 8 within 200 -foot notification area 1 outside notification area As of September 28, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Proposed Site Plan Layout 3. Concrete Batch Plant Schematic 4. Airport Hazard Map 5. Application 6. Returned Notices K:\DevelopmentSvcs\SHARED\ZONING CASES \2015\0915-02 D.L. Johnson\Council Documents\Report for CC_0915-02 D.L. Johnson.docx t 8 •O11-2131Nt1H RMH Date Created: 8/25/2015 Prepared By: LartyF Dzpanment1ofiDeuelopmeentnServicE-gm 1 CL-ARKWQ00 SUBJECT PROPERTY AGNES LOCATION MAP ( City of Corpus Christi IL IL SUBJECT PROPERTY IL 400 IL 0 W ti N 2 5 4 1 • 3 • 7 800 ,Feet CASE: 0915-02 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition z \\ME001\Main\Munoz Engineering\Projects\Highway Barricodes\15DL078 Rhew Rd Lots Zoning Change\Drawings\Civil\C1—PROPOSED SITE LAYOUT.dwg hSf x m IJ 0 v VICINITY MAP SCALE: NTS 5 8 IRON ROD B&W ENG. CAP POINT IF BGINNIN EXISTING POWE: •OLE` i.5' H111 Y. FACT- MFNI VOL 67, PG 173-174 M.R-N.C.T. EXISTING _ICHT POLE EXISTING RCP DL JOHNSON RHEW INDUSTRIAL TRACTS UNIT 1 BLKS 1-4 VOL 67, PG 173-174 M.R.N.C.T. 1DOC NO. 2008054982 0.P.R.N.C.T. EXISTING PROPANE TANK X UNTOP OF CONCRETE PAD XISTING OWER POLE SET 5/8" IRON Rt' "RPLS 5886" CAP 12.5' PRIVATE 'A DRAINAGE EASEMENT VOL 67, PG 173--174 M. P. N.C. T. EXISTING— LIGHT POLE XISTING CL DITCH EXISTING POWER POLE PL EXISTING IRAII ER 10T 3 —EX `TING BUILDING EXISTING RCP EXISTING CHAINLINK FENCE (T{P) EXISTING CONCRETE PAD EXISTING FIRE HYDRA EXISTING WATER METER EXISTING POWER POLE EXISTING RCP 5/8" IRON ROD BQW ENO. CAP DL JOHNSON RHEW INDUSTRIAL TRACTS UNIT 1 BLKS 5-8 VOL 67, PG 173-174 M.R.N.C.T. DOC NO. 2014028427 0.P.R.N.C.T. EXISTING POWER POLE 5/8" IRON ROD B&W ENG. CAP PROPOSED PORTABLE READY MIX PLANT 15UTILITY EASEMENT VOL 67, PG 173-174 A.R.N.C.T. EXISTING FIRE HYDRANT EXISTING ELECTRICAL ::JUNCTN EXISTING TREES TO BE REMOVED 5/8" IRON ROD BCW' ENG. CAP 5 8 IRON ROD B&W ENG. CAP N 1 PROPOSED SITE LAYOUT SCALE: 1" = 60' 60 0 60 120 SCALE: 1" = 60' NOTES & LEGEND: 1. THE AMOUNT OF CONCRETE PRODUCED BY THE TEMPORARY BATCH PLANT IN AN 8 HOUR DAY WILL BE APPROXIMATELY 500 CUBIC YARDS WITH A TOTAL OF 50 TRUCKS PER DAY. 2. THE TEMPORARY BATCH PLANT WILL CONSIST OF A MAXIMUM OF 10 EMPLOYEES DURING NORMAL OPERATING HOURS. X PL OHE RCP PROP 7" CONC PAVEMENT EXIST ASPHALT PAVEMENT EXIST CONCRETE SIDEWALK EXIST CHAINLINK FENCE EXIST PROPERTY LINE EXIST OVEREHEAD POWER LINE EXIST RCP EXIST CL DITCH EXIST TREE EXIST FIRE HYDRANT EXIST WATER METER EXIST POWER POLE 5/8" IRON ROD B&W ENG CAP EXIST LIGHT POLE EXIST ELECTRICAL JUNCTION BOX DRAWN BY: JA 0 2 U m DESCRIPTION 0 z x U • ce ce a a 0 w 0 0 z JUNE 2015 MUNOZ ENGINEERING THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF REVIEW UNDER THE AUTHORITY OF RAMIRO MUNOZ III P.E. #100346 ON 06/17/15 IT IS NOT TO BE USED FOR ANY OTHER PURPOSE. 0 O 00 aX D cc r O 1— 1.- a= W - con ~a co o o cinW 0 0 0 CC W w CC JOB N0. 15DLOr? C1 EXHIBIT "B" HANC'#AILS AT SILO TOP 8c0 obi 12.400 Cu rT ((102.582 ',URIC TON) 2 - COW ENT S I/3 - MAX 2C CEMENT SILO 22.7i" 1 (6.993! 1=11 ii -1 )-lj n t):11 ck7- / t 1 4, }//\ i s ,,. (2] HIGH 81N LEv£L INQICATCUS (2) wAH 603 RC0FTCP MST CCLLECTCR CAC --E0 LAOCEA TO TCP Of SILO III Caw CP35 BATCHER VENT 30" 1410E BATCH TRANSFER BELT v. 20 re CRIvE RAIL1K15 A7 TRA14'5R PLATFORM CAGED LADDER FRCP' GRACE ////-CPtICNAL 100 TCN EXTENSION 53] HINGED S10F5 ICN IAS 1131S8.6 A-CC+PARTMEMS IN LINE WITH 400 101 EXTE.NSI01 166 TCN SFAMCARO l'-(1- 1457) 1D' -Bi' [2%267] ORINE TIiU CLEARANCE f/ A60 V POWER PANEL! 10 MP WATER P PIP 3' BADGER WATER METER 10 HP HIGH PRESSURE AIM SYSTEM PLATFORM 19' 6i' [8.643] 5A'-614" [IG.s291 20. 6i - (6.2S9) 2s•2i- [7.577) 1.11 CM POW= -. 027.-16-1769 COFIOENTIAL - ALL R:51T5 RESERVER - PR?LRTr or REE c001,1.0 BINYI7'GTCN. WISCONSIN 53108 W-.1 1011-.1•C• 1. mil. mmgmun 1.% 7-16.14 o w. ...-"1 a: �0. 111111111 ."'- TAR HA1'L Del V11iC DSC. MCCES1 .alw.nl aLn H%.la "%cram 0411 K .4041 601•1131 NOME MP KIM.. tre Meld a .w .A.w.10M o rms. GENERAL ASSEMBLY LOGO 10 B00 BSL SILO ...r a r.17.7w .0 02Z-)8-1790 .===\,C. ! ,-O vA _OIN or= mA!!11 I;--.i._�`. i,1 7RAvL CCNF! L.I-i=! !CN 70T4L ESTIMATED .010 T OF MAIN TRAILER 57.600 2 LL7PARSMEN' 3 L0 26.126 KILOGRAMS 53.600 SINOLE CEIPAHTIIENT SILO 24,257 KILOGRAMS 1 11111111 3-2 III.' Ii a 3113 } // 61'1T}' KINGPIN T7 414E CENTERLINE 116.6251 26.620. KING 12 06 KILOGRAMS PIN %EIGHT 67'6tE'' TOTAL LENGTH 30,060. AXLE 14,043 KILOGRAMS w£IGHT ti 37 144.451T [68.401 (26.675] 7 77 6C is 2223 7 (.77.60-1 / —L (41 3/3^ ANCHOR COLTS 9 (229.60] 142?s 4 228.60 175 (3614.74] (4445 001 15 130•.001 ANO•[A 075 186 iI592 261 1 9 [228.60; lama (3184 53] 14724 40] 02Z-'4. 749 13m675] 1 Q7J'10LNT1 AL ALL 1.104?5 HE62RYE13 - PHYfR T 0' 1[CJl©000 1 ! C BURLINGTON, vISCLI3S1N 53105 � s.tr,1•r 1..4 NA 3- Y- t w. sarg 2. =magi. TAR If;•[ 7'L DM SUL.61 SIC - CCM NO. 1.11CfS25 o A am .al SEC. 1.41.1.1 lt01fl 01.11i f 01,41 .liV u4.4 AW kF. Rd GENERAL ASSEMF,3LY LOGO 10 Bao SB_ SiLO _iZ- 6- .sem s CITY OF CCIRIPL:r f;c. DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard (Corner of Leopard Street and -' P03T1 Street Port Avenue) APPLICATION FOR A CHANGE OF ZONING Office Use Onty i Case No.: 0915-02 Map No.: 056046 *Planning Commission Hearing Date: 9/9/15 Location: City Hall Council Chambers, 1201 Leopard Street at 5:30 p.m. *A maximum offive applications are scheduled per hearing. Applications received after the five maximum will be scheduled to the next available meeting. 1. Applicant/Representative: D L Johnson Telephone: (361 ) 883-6300 Address (City, S • 7775 Leopard Street, Corpus Christi, Texas E-mail Address: Cell Phone: (361 ) 883-6300 2. Property Owner(s): D L Johnson Telephone: (361 ) 883-6300 Address (City, State Zi.: 7775 Leopard Street, Corpus Christi, Texas E-mail Address: ' Cell Phone: ( 361 ) 883-6300 Ownership Type: 1 Sole ❑ Partnership ❑ Corporation ❑ Other: 3. Current Zoning and Use: IL Proposed Zoning and Use: Special Permit Project Address: 1528, 1536, 1548 & 1604 Rhew Road Area of Request (sq. ft./acres): 4.23 12-DigitNueces County Tax ID:____- ____ ___-___ If platted, Subdivision Name: Rhew Industrial Tracts Unit 1 Block: Lot(s): Legal description: Lots 5,6,7 & 8, Block 1, Rhew Industrial Tracts Unit 1 4. DOCUMENTS REQUIRED: IF APPLICABLE: 1 ATTACHED Land 1 ❑ Use Statement ✓ Executed Appointment Metes and bounds if Disclosure of Interest of Agent request is for a portion 1 of Copy of Warranty Deed a platted lot or an unplatted lot •ertify that the information provided is accurate, correct and signed by . 1 owners. • %� (0" er's Signature) (Applican �.ignature) �!/ . L. o c h SO •-\ 19,e--194 4h h 1 \Ja / 1 h S a,'1 (Owner's Printed Name) (Applicant's Printed Name) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as of November 1, 2011): 0.00 - 0.99 acre $ 1,107.50 1.00 - 9.99 acres $ 1,692.50 10.00 24.99 acres $ 1,976.75 25 + acres $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign Office Use Only Date Received: 4/20/15 Received By: Application Fee: 1692.50 No. Signs Required 1 X $10 Sign Fee: 10.00 Total: 1702, SO Sign Posting Date: ADP: PV Form Revised 8/24/12 K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL \2012\ZONING APPLICATION 2012 DOC CITY OF CORPUS C} tRP 't`€ RVICES DEVELOPMENT P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at: 2406 Leopard St. LAND USE STATEMENT Complete land use statement form containing the following information: 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. PURPOSE FOR LAND USE IS "HEAVY INDUSTRIAL" FOR THE CONSTRUCTION OF A TEMPORARY CONCRETE BATCH PLANT LOCATED ON LOTS 5,6,7 & 8, BLOCK 1, RHEW INDUSTRIAL TRACTS UNIT 1 WHICH ARE ZONED "IL" LIGHT INDUSTRIAL. 2. Identify the existing land uses adjoining the area of request: North - COMMERCIAL BUILDING FOR HIGHWAY BARRICADES - LIGHT INDUSTRIAL South - VACANT - LIGHT INDUSTRIAL East - VACANT - LIGHT INDUSTRIAL West - VACANT - LIGHT INDUSTRIAL K\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION \APPLICATION FORMS\FORMS AS PER LEGAL\LAND USE STATEMENT FOR ZONING.DOC 9,;.- rare; m rear x Wl:2 ,yy N2 N 5 qui 411. SIN t g $ A as 4 3! 9 86L1-Bi-Z20 G) 111 01 z ooru (61r 1110 r > mom m 0U r 42 9 mr MUNOZ ENGINEERING TBPE FIRM No. 12240 Practical Engineering Solutions April 15, 2015 City of Corpus Christi — Development Services 2406 Leopard, Suite No 100 Corpus Christi, TX 78408 Attn: Steven Rhea, Project Manager Re: Highway Barricades Zoning Change Authorized Agent This letter is to confirm that Ramiro Munoz III, PE of Munoz Engineering is an Authorized Agent regarding the above mentioned project and site. Ramiro Munoz III, PE will be our direct contact and will be answering and question regarding the said permit. DL Johnson, S; a Proprietor 3810 ANDREA LN * CORPUS CHRISTI, TX 78414 * (0) 361-946-4848 * (F) 361-265-0562 Subject property: Lots 5,6,7 and 8, Rhew Industrial Tract Unit 1, Nueces County Texas, being approximately 4.2303 acres. To Whom it may concern, As the lien holder of the above mentioned property I have no issue with a zoning usage change. Kathleen J Kirchberg 103 Duke Ln Portland, Texas 78374-1331 Phone 361-633-7744 City of WI Corpus E Christi. ttassawliamossiewoo DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Comer of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: SCJ/4 J7 khS0tr'` STREET: '7775 Leap av-d CITY: 00rfie ,s i`^ s71/ ZIP: 76 o7 FIRM is: ❑ Corporation ❑ Partnership 12'Sole Owner LI Association El Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job itle and City Department (if known) N/ fr/ 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name / Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant #011/4 CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: __ 0 tA frt e �. Title: � 0 ,-er ('int) '1 Signature of Certifying Person: Date: `/ 7/ // 5 K\DEVELOPMENTSVCS\SHARED\LAND DEVELOPM NT\OR ANCE A TSTRATION\APPLICATION FORMS\FORMS AS PER LEGAL \2012\DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC ..,0".00410000 City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.0. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street (Corner of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". in 9 Hi% P G r,;Ce .}t s -4- S r u> G-62 h i t..LL. O NAME: Di3/9 C70riut.c r,' ; eee'.z:„Ly fU' STREET7775 Le/op 54 CITY: Cdr us eI .3? : ZIP: 9( `7i l FIRM is: ❑ Corporation D Partnership ❑ Sole Owner ❑ Association Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee” of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) ,e/7 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee If 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person:Ja i1 & `�' 3 tel " 04"‘ Title/f�t� ~ ( rint) Signature of Certifying Person: Date: .57(4.;t //s'" 1:.•DEVELOP\MCNTSVCS`SHAREDtLAND DEVELOP,MENTORDINANCE ADMINISTRAT APPLICATION IORMSSFORMS AS PER LEGAL\2012,DISCLOSUAE OF INTERESTS STATEMENT! 27 12 DOC Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact 1 the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades� que tienen is intencion de asistir a esta iunta v que requieren servicios especiales, se les suolica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diricirse a la commission durante la iunta v su ingles es limitado, favor de Ilamar al de•artamerwto de servicios de desarrollo al numero 361 2 -3240 al nos 48 horas antes de la i'unta •ara solicit=r un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-02 SEP 03 2015 DEVELOPMENT SERVICES SPECIAL SERVICES D. L. Johnson has petitioned the City of Corpus Christi to consider a change of zoning from the "IL" Light Industrial District to the "MSP" Light Industrial District with a Special Permit for a Heavy Industrial use (concrete batch plant}, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street. The Planning Commission may recommend to City Council approval or denial, or changes to the Special Permit conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 9, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Address: i l�c'erl IcA&'- 1 0 3 A tee_ IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 12 HTE# 15-10000047 Signature CitylState: Phone: 34P ( 4 3 3 7 7 V r Case No. 0915-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen le intenci6n de asistir a este junta y que requieren servicios especiales, se les suolica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al nilmero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea_dirigirse a la commission durante la junta v su irides es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de is junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-02 EDEHE SEP 0 3 Z015 DEVELOPMENT SERVICES D. L. Johnson has petitioned the City of Corpus Christi to consider a change of zo ing f)3i a eL"it'' i tilt, Industrial District to the "ILISP" Light Industrial District with a Special Permit oT as Heavy Industrial use (concrete batch plant), not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street. The Planning Commission may recommend to City Council approval or denial, or changes to the Special Permit conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 9, 2015. during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.C. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: Address: 01--r > -u,- gicechb-eri /O3 City/State: / -,d L 77C FAVOR ( ) IN OPPOSITION Phone: 36O/ (D 3 REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 11 HTE# 15-10000047 Signature Case No 0915-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, ue tienen Ia intencion de asistir a esta 'unta ue re•uieren - 'rvic1Qs 's•ecial=s s les su+lica •ue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios ie desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la junta v su ingles es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interbrete ser oresente durante Ia junta. --- - CITY PLANNING COMMISSION I PUBLIC HEARING NOTICE � SEP032.0151I Rezoning Case No. 0995-02 \DEVELCLSVCSOEMEt�-. ICESI � D. L. Johnson has petitioned the City of Corpus Christi to consider a change of zrrrtf-ie IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit for a Heavy Industrial use (concrete batch plant), not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street. The Planning Commission may recommend to City Council approval or denial, or changes to the Special Permit conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 9, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 9277, CORPUS CHRISTI. TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: /37? !'-ems r gal Lil: 5 Address: / U -S Le- pIN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 5 HTE# 15-10000047 Signature City/State: / ae"-il"'"►di r /t Phone: 310 CP 3577 V I( Case No. 0915-02 Project Manager: Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intencion de asistir a esta iunta v clue recluieren servicios especiales, se les suplica clue den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su Ingres es limitado, favor de Ilamar al_ un ni4 n ir? ti. \ I depat aprete semento seselme durante la Ictade desarrollo l nurnero_ 0611826-3240 al menos 4 hqras an dela iunta para solicit CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-02 EP 0 3 2015 s ivicEs !� DEVS 1A vIcE5 D. L. Johnson has petitioned the City of Corpus Christi to consider a change of zoning from the "IL" Light Industrial District to the "ILISP" Light Industrial District with a Special Permit for a Heavy Industrial use (concrete batch plant), not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts Unit 1, located on the east side of Rhew Road approximately 1,000 feet south of Leopard Street. The Planning Commission may recommend to City Council approval or denial, or changes to the Special Permit conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 9, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 75469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: #1111`e-evl a.1.k Address: r()- 0A-ge— CitylState: Phone: 3/4/ 160.3 7 7 �F IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 10 HTE# 15-10000047 Case No, 0915-02 Project Manager: Dolores Wood Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 20, 2105 Second Reading for the City Council Meeting of October 27, 2015 DATE: September 28, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 4625 Whataburger Way CAPTION: Case No. 0915-03 TWF Partners, LLC: A change of zoning from the "RM -1" Multifamily 1 District to the "ON" Office District, resulting in a change to the Future Land Use Map from medium density residential to professional office uses. The property is described as Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way. PURPOSE: The purpose of this item is to rezone the property to allow development of a professional office. RECOMMENDATION: Planning Commission and Staff Recommendation (September 9, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "ON" Office District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM - 1" Multifamily 1 District to the "ON" Office District for development of professional offices. It is staff's opinion that the proposed rezoning to the "ON" Office District would not negatively impact the adjacent residential properties because it is consistent with development patterns due north and would provide a land use transition between the commercial to the north and adjacent residential neighborhood. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment and it is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The rezoning is consistent with elements of the City's Comprehensive Plan, is compatible with the adjacent neighborhood and land uses and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The requested rezoning complies with elements of the Comprehensive Plan and Southeast Area Development Plan, but it does not match the Future Land Use Map, which designates the property for multifamily uses (medium -density residential uses). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 111: Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Location Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by TWF Partners, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 11-D, Block 4, Parkdale Village, from the "RM -1" Multifamily 1 District to the "ON" Office District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of TWF Partners, 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, September 9, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "ON" Office District, and on Tuesday, October 20, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by TWF Partners, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way (the "Property"), from the "RM -1" Multifamily 1 District to the "ON" Office District (Zoning Map No. 043041), as shown in Exhibit "A". Exhibit A, which is a map of the property is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC Zoning Map represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. The Future Land Use Map is hereby amended from a designation of medium density residential uses to professional office uses. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0915-03 TWF Partners (Wayne Fagan)\Council Documents\Ordinance_0915-03 TWF Partners, LLC.docx SUBJ , CT PROPERTY Date Created: 8/26/2015 Prepared By: JeremyM 0Departmen of Development Service CASE: 0915-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 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 ca< �oF9 4///4,, p */#6‘•%„, SUBJECT PROPERTY 41114141/44,.46Np LOCATION MAP City of Corpus Christi EXHIBIT "A" PLANNING COMMISSION FINAL REPORT Case No. 0915-03 HTE No. 15-10000050 Planning Commission Hearing Date: September 9, 2015 Applicant & Legal Description Applicant/Owner: TWF Partners, LLC Representative: Myron Grossman Legal Description/Location: Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way. Zoning Request From: "RM -1" Multifamily 1 District To: "ON" Office District Area: 12,464 square feet (0.28 acres) Purpose of Request: To allow for the development of a professional office. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 District Vacant Medium Density Residential North "CG -2" General Commercial District Commercial and Professional Office Commercial South "RS -6" Single -Family 6 District Low Density Residential Low Density Residential East "RS -6" Single -Family 6 District Low Density Residential Low Density Residential West "CN -2" Neighborhood Commercial District Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "ON" Office District is not consistent with the adopted Future Land Use Plan. Map No.: 043041 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located on the southwest corner of Mildred Drive and Whataburger Way, both of which are Local Residential streets. The subject property has approximately 80 feet of frontage on Whataburger Way, which is a private street in this section, and 120 feet of frontage along Mildred Drive. A driveway would be permitted on Mildred Drive since Mildred Drive is the subject property's only public access street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Mildred Drive Local Residential 50' ROW 28' paved 50' ROW 25' paved N/A Whataburger Way Local Residential 50' ROW 28' paved 60' ROW 35' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "ON" Office District for development of professional offices. Development Plan: The proposed rezoning is to allow use of a professional office space. The applicant is proposing either to sell or lease the property for purposes of developing it into a professional office, likely for insurance, medical or the legal field. Parking is available in the private street — Whataburger Way — though staff is not aware of any private parking agreements in place. It's not anticipated that more than 4 employees will be required to operate the professional office with hours of operation between 8 a.m. and 5 p.m. Existing Land Uses & Zoning: To the north of the subject property in the "CG -2" General Commercial District is the 4 -story Physician Premiere office with a Souper Salad restaurant and a Walgreens store. To the west, there is vacant land zoned for "CN -2" Neighborhood Commercial District. To the south is a single-family subdivision with several homes. To the east are more homes within the same single-family subdivision. The portion of Whataburger Way on which the subject property fronts is private and owned by the applicant. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "ON" Office District is consistent with elements of the Southeast ADP nor is the adopted Future Land Use Map's designation of the property as a medium density residential use. The following are pertinent elements of the Comprehensive Plan and should be considered: - Corpus Christi Policy Statements: o New development should occur in a pattern which is cost effective. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. o Commercial activities which generate large volumes of traffic should have direct access to an arterial road without having to traverse low-density areas. Planning Commission Final Report Page 3 o Commercial service areas designed to serve local neighborhoods should be conveniently located and in harmony with the surrounding neighborhood. o Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhood (Comprehensive Plan, Commercial Policy Statement d). o Encouraging infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement F). Plat Status: The subject property is platted. Department Comments: • The requested rezoning complies with elements of the Comprehensive Plan and Southeast Area Development Plan, but it does not match the Future Land Use Map, which designates the property for multifamily uses (medium -density residential uses). • It is staff's opinion that the proposed rezoning to the "ON" Office District would not negatively impact the adjacent residential properties. Although, the property to be rezoned is not consistent with the Future Land Use Plan's designation of the property as a medium -density residential use, it is consistent with development patterns due north and would provide a land use transition between the commercial to the north and adjacent residential neighborhood. • An "ON" Office District would allow uses that are compatible with the recent medical office redevelopment of the former Whataburger headquarters building (due north of the subject property) and with single-family development. • The hours of operation for an office use are often opposite of the hours when residents are in their homes. • Staff's opinion is that an "ON" Office District rezoning would increase the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when deciding which commercial uses to allow within residential areas. • A commercial driveway onto Mildred Drive is highly likely. This would create additional non-residential traffic in the neighborhood, but office traffic is not often very high. • The applicant described a development plan for medical offices on the subject property. It is staff's opinion a medical office could serve the adjacent neighborhood; therefore, staff supports a re -zoning of the "ON" Office District. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "ON" Office District. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 22 within 200 -foot notification area 5 outside notification area As of September 28, 2015: In Favor — 3 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 3.75% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Supplemental Information from Applicant 3. Application 4. Notices with Comments K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0915-03 TWF Partners (Wayne Fagan)\Council Documents\0915-03 Report_CC_TWF Partners.docx "cF 91- o,P SUBJECT PAOP_ERTY s LOCATION MAP City of Corpus Christi CASE: 0915-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial 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 Unh Dev. Overlay RS -10 Single -Family 10 RS -8 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 Field notes for 4625 Parkdale Drive Corner of Mildred Drive and Whataburger Way Lot 11D, Block 4 Wednesday Night, Sept 9, 2015 City staff approved the Rezoning, zoning commission approved by a split vote 4 to 3 Points that need to be better understood by City Council that were somewhat lost in the planning commission meeting. 1. Property has been for sale for three years and no offers. Little likelyhood that a single family home will be built 2. A small modest office space is more attractive than a vacant Lot with trash blowing onto it, vagrants loitering, kids hanging out doing drugs and looking for trouble etc. 3. Homeowners complaint is that Garbage Containers which are Located near the intersection are a nuisance and he wants a home built across the street. No homeowner is going to be interested in building a home on that lot for the same reasons the homeowner does not want a commercial building across the street.(Dumpsters) This lot is either a commercial spot or a vacant lot with potential vandals, vagrants, trash blowing and kids loitering! TROUBLE SPOT 4. A small modest commercial building can exist near garbage dumpsters and could increase the value of the neighborhood. An office in this area keeps its Economic value generally for twenty 20 to 30 years especially at this location which is now really generating tremendous development! 5. A small office is certainly more desirable than a two story duplex (current zoning) that is a RENTAL PROPERTY which typically become distressed over a short period of time in this area. Last rental properties were torn down 6. Another complaint by a neighbor was that the street flooded from the rain runoff and caused street collapses. A small office would would not cause any more problems than a rental property which is the only other option for a owner of the lot. 7-14l F Recd 9/14/15 4:00 p.m. 61/5-03 f5 lr o s -D amu H j. ` a ;' = ; n.i I -18J-, Development Services Dept P.0 Box 9.177 Corpus Christi. Texas 75469-5277 (351) 626.3240 Lcaled at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: 09/5-0...s Map No.: 0 4J� D 4 1 PC Hearing Date. 9-q15- Proj.Mgr: Hearing Location: City Hall. Council Chambers. 1201 Leonard Street Hearing Time: 5:30 D.M. • A MAXIMUM OF FIVE REZONLVGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. ./. Applicant. TWF Partners , LLC . Contact Person :Myron Grossman mailing Address. 4141 S . Staples, Ste .325 CityCorpus Christi Stat_ TX Zip: 78411 phone (361 ) 882-5560 E-mail: CeIL ( 361) 877-0625 2. Property Owner(s). Wayne Fagan Contact Person . Myron Grossman Mai'ing Address: same as above City: State' ZIP: Phone () E-mail. Cell: ( 361 ) 877-0625 3. Subject Property Address, 4625 Parkdale Dr. A;eaofRequast(a r_ ), 12464 sq.ft. CumentZoning & Use: RN 1 -Multi I -GI dik le Fam. Res . Proposed Zoning & se • - - -- 12-Digit Nueces County Tax ID. 6364 _ . 0004 _ 0113 Subdivision Name: Parkdale Village Bock: 4 Lot(s). 11-D Legal Description if not platted" 4. Submittal Requirements Date He'd : with City Staff Ei Early Assistance Meeting of lntarest 0 Copy of Warranty Deed • Land Use Statement ■ Disclosure IF APPLICABLE' is inconsistent w th exhibit landowner ■ Peak Hour Trip Form (if request w'th Future Land Use Plan) 1 Site Plan for PUD cr Special Permit 0 Mates & Bounds Descnpt:cn o Appointment of Agent Form if if property incl.idcs un-piatted land (sealed by RPLS) 1 Lien Holder Authorization is not signing this form I certify that I have provided the City of Corpus Chrsti with a complete ap c on for review; 21 ars authorized to initiate this rezoning as or on behalf of the Prcerty Owner(s): and the ' formation orovi ed is curate. cM , OcrorAgent's gn Lure pi,caf .,g,31,1 c vrt f, ft ��f 11 �� y� I f P jj'/f� �r `I w _, ! Kms- A- i /(m t • to Owner c: Agent's Schted Namc Applicant's Printed Name Office Usa Only: Date Received: Rezoning Fee: i [b7 1 0 +PUD Received By; ei-Qp ADP: S f Pea + Sian Fee.7 3 . ig) = Total Fee 1 i k Z % • Se). No. Signs Required - @ S1Ofsign Sign Posting Date KCrl_LQoLSEN7SVCS�NAREO.1+i?2C JcJcLOF1tr•M..*P_ICAT'Cft FORLkfl\7tF=r•.`:PL:CATiOt 12 5 CCC F::-1 Re:,eee snz2r15 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed buildings)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or Industrial development, hours of operation, modification or demolition pians for existing structure(s), type, area and setback of signage, etc. The seller's purpose is to sell or lease the property. It is felt that the highest and best use of this property would be neighborhood commercial rather than multi -family. The square footage of the property is 12464. It is anticipated that a professional office, such as dentistry, physician, legal, or insurance office space will be the ultimate end user. Parking is available on street, adjacent parking lot, and area parking lots of medical building and Walgreen's drug store. It is anticipated that no more than 4 potential employees will be required. The hours of operation would be 8:00 a.m. to 5:00 p.m. There presently is no building on the property, so no demolition is required. Signage would be small professional sign on the side of future building. 2. Identify the existing land uses adjoining the area of request: North - Previously Whataburger Home Ofc. is now Medical Towers South- Mix of commercial and 1 residential home East - Parkdale Plaza Parking Lot/Strip Center West - Residential Multi -Family tIUSERSVANYAFLOOMDESKTOPCAILY US USDANRIKAILIIiNDUSE $TAIEMEHi FOR ZONt? 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I7-------1...1tA Ee= ! ;i + i ilE tail'. i pito r ;i} i +l; t- 1f�t �i i ji+ r r L f ---- —a f. ria :1160. ^•\� tl f J oi 1 FIN 11 ,. 4;1g 3°C 011 NAME; DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered If the question is not applicable, answer with "NA", TWF, LLC./Wayne Fagan STREET: 4141 S . Staales #325 CITY: Corpus Christi, TX ZIP: 78411 FIRM is:°Corporation °Partnership °Sole Owner °Association °Other LLC. DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side -of this page or attach separate sheet, 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more,of the ownership in the above named "firm". Name None Job Title and City Department (if known) None None None 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title None None None None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee None None None None 4. State the names of each employee or officer of a "consultant' for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Consultant None None None None CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements wilt be promptly submitted to the City of Corpus Christi, Texas as changes occur. Wayne Fagan Certifying Person: YTitle. Owner (Print Name) Signature of Certifying Person: X rr CQJ n Date / s• 100 i KOEvELOPLIENTSvC_WHARECILAPM OEV°1CPLIEN IAPPLICAiiOTI FORLISIRE2ONIIMDI5CLO$UfE OI It4TERES1'S STATEME T_5.12.2Ot5 DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Myron Grossman STREET: 446 Robert Dr. CITY: Corpus Christi, TX ZIP: 78412 FIRM is: °Corporation °Partnership (9 Sole Owner °Association °Other DISCLOSURE QUESTIONS If additional space is necessary. please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name N/A Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any Information requested; and that s : �y'emental statements will be promptly submitted to the City of Corpus Christi, as changes occur. Certifying Person: Myron GrossmanTiOr tle: Realtor (Print Name) r ,,! Signature of Certifying Person: ' . _ te: 7/23/2015 K DEVELOPMENTSVCSLSHAREOLLANO OEVELOPMENTUIPPLICATION FORMS REZONING'DISCLOSURE OF INTERESTS STATEMENT 5.12,20t5AOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". Tina M. Fagan NAME: STREET: 4141 S . Staples #325 CITY: Corpus Christi, TX zip: 78411 FIRM is:°Corporation °Partnership ()Sole Owner °Association Other LLC. DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 31/4 or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Tina M. Fagan (Print ) Signature of Certifying Person: c •� Title: Manager/Director Da 7-2-7- 7- Zo i K.f10EVELOPMENTSVCSLSHAREDLLAND DEVELOPMEN APPLICATION FORMSIREZONINGIDISCLOSURE Of INTERESTS STATEMENT 5.122015.000 APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Myron Grossman Mailing Address: 446 Robert Dr . City: Corpus Christi State: TX Zip: 78412 Home Phone:( 361) 991-1983gusinessPhone: S 361 ) 992-4663Ceil:f 361 ) 877-0625 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. 1 understand that the City of Corpus Christi will deal only with a fully authorized agent At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. 1 understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, li agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attor fees, interest and costs arising from this matter. If my property is owned by a corporation, pa • -rsf p, venture, or other legal entity, then I certify that 1 have the legal authority to make this binding a• • ai ent on behalf -of the entity, and every reference herein to "I", "my", or "me" is . eference to the e *Signature of Agent: X Printed/Typed Name of Agent. lyron Grossman e: E L , *Signature of Property Owner: X Date: Title:QN1 l n�Q ty�J' fit/ Printed/Typed Name of Property Owner: Wal a Fagan Date: 7 4 57.10 r *Signature of Property Owner: Printed/Typed Name of Property OrSner i ne-. Title: f''1 yl) Date: -Ic-2-0 15 - *Signature 2 -°L5 - *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: • 'Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of corporation or association. D W Brown APPOINTMENT OF AGEN 2-19-o9 doc Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la Junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su inales es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hares antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-03 SEP 0 3 2015 DEVELOPMENT SERVICES SPECIAL_ SERVI , =5 TWF Partners, LLC has petitioned the City of Corpus Christi to consider a change owning" 1" Multifamily 1 District to the "ON" Office District, resulting in a change to the Future Land Use Map from medium density to professional office uses. The property to be rezoned is described as: Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 9, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: dailies l'f . 4)epAe..S Address: i /61 iimobinedPr City/State:71dS t/fa; `4 { ) IN FAVOR ( IN OPPOSITION Phone: -41-c L/q -12 9S- REASON: -%`j e iso eN7(y /..� difrecl/r /4 Al&dir11,1711AeOnle- 641 10 5' Ei6/ 4as dteel 7'‘epprtill di;fitv//eehille/ iall o ef/e�d / lViresane 07P . &/e,sec ke /life las /at eneffhd /"(0/166icc7/ntretgeliefftrPre- 66 resale liq/ge homes )14 tSEE MAP ON REVERSE SIDE Property Owner ID. 15 HTE# 15-10000050 Signature Case No. 0915-03 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, • aue tienen la intencion de asistir a esta junta v oue reauieren servicios especiales, se les suplica oue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la iunta v su irides es limitado. favor de Ilamar al departamento de servicios de desarrollo al nCimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSIOI+ PUBLIC HEARING NOTICE 1 Rezoning Case No. 0915-03 li SEP 0 3 1015 VELOPMENT SERVICES TWF Partners, LLC has petitioned the City of Corpus Christi to consider Iagptef ooing*Git the "RM - 1" Multifamily 1 District to the "ON" Office District, resulting in a change -to -the future Land Use Map from medium density to professional office uses. The property to be rezoned is described as: Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 912015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or Inperson, by telephone call or by letter. Printed Name: Address: TAMes Pilaerg Sti 3 C,, P-0L-Cc.1 V(.tf--) _ SV [3 iv City/State: OA. 4 S C41045-77 (A IN FAVOR ( ) IN OPPOSITION Phone: l" grit -I -1 w? 7 REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 8 HTE# 15-10000050 Signature Case No. 0915-03 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica clue den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante Ia junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al mimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE SEP 3 z01� Rezoning Case No. 0915-03 DEVELOPMENT SERVICES SPECIAL SERV TWF Partners, LLC has petitioned the City of Corpus Christi to consider a change o ring-frim-th RM - 1" Multifamily 1 District to the "ON" Office District, resulting in a change to the Future Land Use Map from medium density to professional office uses. The property to be rezoned is described as: Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 9, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI. TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or Inperson, by telephone call or by letter. Printed Name: 'I -NM ‘'-\""NrI c\-•\ t1 Address:(-4-40,),ti"\t•NC+.C'"+ S �". City/State: ta'M , C.ii' ► j X ‘Igti 11 IN FAVOR ( ) IN OPPOSITION Phone: i REASON: r v%k cut fi e rk+ rn vV� + CCW" \`-/ CIL -VS CLAS <A../ gee' cs- S SEE MAP ON REVERSE SIDE Property Owner ID' 10 HTE# 15-10000050 W‘orl Signature Case No 0915-03 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la iunta v su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al nOmero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la junta. r CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-03 VI it SEP 0 3 2015, DEVELOPMENT SERVICES SPECIAL SERVICES TWF Partners, LLC has petitioned the City of Corpus Christi to consider a chance of oniriy from the "RM- • - 1" Multifamily 1 District to the "ON" Office District, resulting in a change to the Future Land Use Map from medium density to professional office uses. The property to be rezoned is described as: Lot 11-D, Block 4, Parkdale Village, located on the southwest corner of Mildred Drive and Whataburger Way. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 9, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT. SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: L,yA/,4/ 12//ei %J ;If Address: fp ,c/ j /1/ 5 be'- City/State: 76' k) IN FAVOR ( ) IN OPPOSITION Phon.34/ S3D d 4 / REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 3 HTE# 15-10000050 Sign re j-ot Case No. 0915-03 Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 20, 2015 Second Reading for the City Council Meeting of October 27, 2015 DATE: September 28, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property located south of Yorktown Boulevard between Fred's Folly Drive and Starry Road CAPTION: Case No. 0915-05 Patricia H. Wallace, Trustee #2.: A change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. The property is described as being a 115.72 -acre tract of land out of Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Yorktown Boulevard between Fred's Folly Drive and Starry Road. PURPOSE: The purpose of this item is to rezone the property to allow single-family development and cluster housing development. RECOMMENDATION: Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant proposes to construct Riverbend Subdivision. The requested rezoning to the "RS -4.5" Single -Family 4.5 District furthers various policies and goals of the Comprehensive Plan and the Southside Area Development Plan pertaining to residential development and infill development and is suited for the proposed uses allowed by the "RS -4.5" Single -Family 4.5 District., i.e. low density residential uses. The proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. It is staff's opinion that the requested rezoning will not have a negative impact upon the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and the rezoning to "RS -4.5" Single -Family 4.5 District is consistent with elements of the Southside ADP and the adopted Future Land Use Map. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 1iA Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Patricia H. Wallace, Trustee #2 ("Owner"), by changing the UDC Zoning Map in reference to a 115.72 -acre tract of land out of Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District and "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 and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Patricia H. Wallace, Trustee #2 ("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, September 23, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RS -4.5" Single - Family 4.5 District, and on Tuesday, October 20, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Patricia H. Wallace, Trustee #2 ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 115.72 -acre tract of land out of Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Yorktown Boulevard between Fred's Folly Drive and Starry Road (the "Property"), from the "RS -6" Single -Family 6 District and "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District, (Zoning Map No. 041029), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. The rezoning does not result in a change to the Future Land Use Map. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_0915-05 Patricia H. Wallace, Trustee #2 Page 2 of 2 Exhibit A 115.72 Acre Zonin>: Tract STATE OF TEXAS COUNTY OF NUECES Job No. 39595.B5.02 July 16'h, 2015 Fieldnotes, for a 115.72 Acre Zoning Tract, of Lots 22-27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records ofNueces County, Texas; said 115.72 Acres being more fully described by metes and bounds as follows: Commencing, at a Mag Nail found, on the Centerline of Yorktown Boulevard, a public roadway, the East corner of Lot 21, said Section 25, the North corner of the said Lot 22, from whence, a Mag Nail found, for the North corner of Lot 7, Section 34, said Flour Bluff and Encinal Farm and Garden Tracts, the East corner of the said Lot 24, bears South 61°17'51" East, 1982.31 feet; Thence, South 28°42'09" West, with the Southeast line of the said Lot 21, the Northwest line of the said Lot 22, at 40.00 feet pass a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR, C.C. TX" found, on the Southwest Right -of -Way of Yorktown Boulevard, in all 65,00 feet, to the Point of Beginning and North corner of this tract; Thence, South 61°17'51" East, 1957,32 feet, for the East comer of this tract; Thence, South 28°41'33" West, 2575.00 feet, to the Northeast line of Lot 8, Section 24, said Flour Bluff and Encinal Farm and Garden Tracts, the Southwest line of the said Lot 25, for the South corner of this tract; Thence, North 61°17'51" West, 1957.77 feet, to a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR. C.C. TX" found, in the North corner of the said Lot 6, the East corner of Lot 5, said Section 24, the South corner of Lot 28, said Section 25, for the West corner of the said Lot 27 and of this tract; Thence, North 28°42'09" East, 2575.00 feet, to the Point of Beginning, containing 115.72 acres (5,040,679 Square Feet) of land, more or less. Bearings are based on GPS, NAD 83, State Plane Coordinates, Texas South Zone 4205. This description was prepared from field work performed July 2004 and does not represent a current on the ground survey. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. e f �.•'e o vp KEITH W. WOOLEY $9017,19.111w/.4.1000249»19Y9l9900 0 5463 t.vi i.4.°•.. Cs9% SUCk\rya, 5:15urveying13959511350210395 95B 502_FN_ 115.72Acres_20150716.doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI, TEXAS 78404 wwwurbaneng.com TBPE Firm #145 TBPLS Firm #10032400 EXHIBIT "A" URBAN ENGINEERING Keith W. Wooley, R. License No FAX (361)854-6001 EXHIBIT 'B' �Ve �� : ' N� ° J COUNTY OF NUECES L , CITY OF CORPUS CHRISTI � 1 . d dais I 0 1 f".----------) I RODD FIELD `QUAIL SPRING y L---.QUAI} HOLLO z N CR ELn„F=i y 51{A;f PARK- m o II l CEOAD SD air L 4, i 1WEST Mom SIE z I LOCATION MAP N.T.S. STARRY u E`t 8 88'LlrkriN 24 LIT 28, 8d2 118N 28 Set 5/8" I.R. with red plastic cap stamped "Urban Engr C.C. Tx" N28 42 09 E o 2T/ 2t 222TffNNN 22 Point of Beginning 2575.00' Fd. Mag Nail Point of 20' Road Easement (Vol. A, Pgs. 41- 43, 43, M.R.N.C.T.)����\ LOT 8 85,,VTION 24 Z Q. k LIT 27, 88t llOki 28 c,p,f -3 e N(1' �Vk. ke� Fd. 5/8" I.R. with red40,� plastic cap stamped "Urban Engr C.C. Tx" 65'— � LOT 22, 8Er �'1ON 2 _ .e^I��t I T f Commencement -.- Existing R, O.W. 0 °O� L-���N� 24 ` ( — ,AN, pp, A \ ) _� gDoll \3'A �� ��� e���'� 115.72 IR�d�� ����� � -NA' (51.‘3,040,679 )1, \c3 LOT 22, 22 T l2N 22 — — —� — ��_-_ 10' Wide Pedestrian and Vehicular Access Easement (Doc. No. 1996045983, 0.R.N.C.T.) Acres Sq. Ft.) o � 22, 8E 718N 28 m - N (n o w oD rT o �c c v DT 8 2Et T]tth,o 24 LOT 28, 2EC TmN 28 20' Road Easement I-.--(Vol. A, Pgs. 41- 20' Road Easement 43, M.R.N.C.T.) (Vol. A, Pgs. 41- 43, M.R.N.C.T.) LOT 24, 888118N 28 rC Starry Road 40 a i,+ N rt 0 a F� u LOT 1 1 S28.41'33"W u rT J2, 22I r UN 14 2575.00' 1 o 0`r 1, 2267m.14 24 Exhibit B Sketch to Accompany a K r- z �. FIELDNOTES for a 115.72 Acre Zoning Tract, of Lots 22-27, Section 25, Flour Bluff and Encino' Farm and Garden Tracts, a mop of wh/ch is recorded in Volume A, Pages 41-43, Mop Records of Nueces County, Texas. — URBAN LI — ENGINEERING TBPE FIRM NO. 145, 1ORP5 FIRM NO. 10032400 �r 2725 FIRM N. D5 CORPUS CHRISTI, 1'0 78404 DATE: July 16, 2015 SCALE: 1 —500' JOB NO.: 39595.65.02 SHEET: 1 of 1 DRAWN BY: RLG PHONE: 361.854.3101 WWW.URBANENG.COM urbansurveyl ®urbaneng.com 0 2015 by Urban Engineering EXHIBIT 'B' PLANNING COMMISSION FINAL REPORT Case No. 0915-05 HTE No. 15-10000049 Planning Commission Hearing Date: September 23, 2015 Applicant & Legal Description Applicant/Owner: Patricia H. Wallace, Trustee #2 Representative: Urban Engineering Legal Description/Location: Being a 115.72 -acre tract of land of Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Yorktown Boulevard between Fred's Folly Drive and Starry Road. Zoning Request From: "RS -6" Single -Family 6 District and "FR" Farm Rural District To: "RS -4.5" Single -Family 4.5 District Area: 115 Acres Purpose of Request: To allow single-family development and cluster housing development. Existing Zoning and Land Uses Existing Zoning District Existing Land Use _ Future Land Use Site "RS -6" Single -Family 6 District and "FR" Farm Rural District Vacant Low Density Residential North "FR" Farm Rural, "RS 4.5" Single -Family 4.5 and "RM -2" Multifamily 2 Vacant and Low Density Residential Medium Density Residential South "FR" Farm Rural Vacant Low Density Residential East "RE" Residential Estate and "FR" Farm Rural Low Density Residential, Commercial and Vacant Low Density Residential, Medium Density Residential, Estate Residential and Park West "FR" Farm Rural Vacant Medium and Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RS -4.5" Single -Family 4.5 District is consistent with the adopted Future Land Use Map. Map No.: 041029 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property is located along the south side of Yorktown Boulevard between Fred's Folly Drive and Starry Road. Fred's Folly Drive and Starry Road are classified by the Urban Transportation Plan as local residential streets. Yorktown Boulevard is classified as an "A3" Primary Arterial Divided street. The subject property has approximately 1,960 feet of frontage along Yorktown Boulevard and approximately 2,570 feet along Starry Road. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Yorktown Boulevard "A3" Primary Arterial Divided 130' ROW 79' paved 152' ROW 33' paved N/A Starry Road Local Residential 50' ROW 28' paved 47' ROW 15' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District and "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. Development Plan: The proposed rezoning is to allow construction of Phase 1 of Riverbend Subdivision consisting of 103 residential lots. Riverbend Subdivision is planned for a total of 594 lots. Some of the subdivision is planned for cluster housing. The recently approved preliminary plat for the Riverbend subdivision is attached for reference. Existing Land Uses & Zoning: The property to the north of the subject property is zoned "FR" Farm Rural, "RS -4.5" Single -Family 4.5 and "RM -2" Multifamily 2 Districts. The land to the north is primarily vacant except for two single-family dwellings in the "FR" Farm Rural and "RS -4.5" Single -Family 4.5 Districts. The property to the south is zoned "FR" Farm Rural and is vacant. The property to the east is zoned "RE" Residential Estate and "FR" Farm Rural Districts. Most of the property is vacant with one single-family dwelling and a commercial use in the "FR" Farm Rural District. The property to the west is zoned "FR" Farm Rural District and is vacant. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is in the process of being platted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and the rezoning to "RS -4.5" Single -Family 4.5 District is consistent with elements of the Southside ADP and the adopted Future Land Use Map's designation of the property as Planning Commission Final Report Page 3 a low density residential use. The proposed rezoning if approved will further various policies of the Comprehensive Plan including but not limited to the following: - Comprehensive Plan Policy Statements: o New development should occur in a pattern which is cost effective. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. o Encouraging infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement F). Department Comments: • The requested rezoning to the "RS -4.5" Single -Family 4.5 District furthers various policies and goals of the Comprehensive Plan and the Southside Area Development Plan pertaining to residential development and infill development. • The subject property is suited for the proposed uses allowed by the "RS -4.5" Single - Family 4.5 District, i.e. low density residential uses. • The "RS -4.5" Single -Family 4.5 District is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. • The Zoning Map amendment will not have a negative impact upon the surrounding neighborhood. Planning Commission and Staff Recommendation: Approval of the rezoning to the "RS -4.5" Single -Family 4.5 District. Public Notification Number of Notices Mailed — 19 within 200 -foot notification area 1 outside notification area As of September 28, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Preliminary Plat K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0915-05 Patricia H. Wallace, Trustee #2 (Riverbend SD)\Council Documents\0915-05 Patricia H. Wallace, Trustee #2 (Riverbend SD).docx CASE: 0915-05 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial 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-Family6 RS -4.5 Single -Family 4.5 RS -TF Avo-Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject PropertyOwners with 200' buffer O in favor 4 Owners within 200' listed on v Owners attached ownership table A In opposition LOCATION MAP -s=ld0000Li9 KIDEVELOPMENTSVCSI,SFIAREDILAND DEVELOPMENTAPPLICATION FORMSIREZOWINGIZONING APPUCAT1ON 2015 DCC f _1Ifnaon14q Farm Revised 5/12/201 Dept. Street REZONING APPLICATION (7. ��4,s r. fix sqbir • • -ssa� Development Services P.O. Box 9277 Corpus Christi,Texas78469-9277 (369)61) 826 -33240 Located at 2406 Leopard Oe Use Only Case No.: aq% s --os Map No.: !Q �i), r— PC HearingDate: Alfal 9 —o� —/ Proj.Mgr. Sica1 Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant Urban Engineering Contact Person : Xavier Galvan Mailing Address:2725 Swantner Drive City: Corpus Christi state Tx zip. 78404 Phone:(__...)361 854-4187 ext. 217 E-mail: Cell: ( ) 2. Property Owner(s). Mailing Address: 101 Patricia H. Wallace, Trustee #2 Contact Person :John Wallace N. Shoreline, Suite 600 city.Corpus Christi State:Tx ZIP.78401Phone: 3(fi1 )882-5435 E-mail: Cell. ( ) 3. Subject Property Address Current Zoning & 12 -Digit Nueces County Subdivision Name: Legal Description Use: south of Yorktown Blvd between Rancho Vista & Starry Road Area of Request (SF/acres). 115.72 acres RS -6 and FR •• Agricultural Proposed Zoning & Use RS -4.5 (residential) 2476-0025-0210, 2476-0025-0212, 2476-0025-0220 and 2476-0025-0250 Tax ID: -__----- Block Lot(s) if not platted: Lots 22 through 27, Section 25, F.B.&E.F.&G.T. 4. Submittal Requirements: MIEarly Assistance ❑j Land Use Statement IF APPLICABLE: ❑ Peak Hour Trip Meeting: Form (if request Description with Agent Form if M' Date Held Vi vitA,S with City Staff �\-C``- '` "'- D el C Disclosure of interest C Copy of Warranty Deed is inconsistent exhibit landowner with Future Land Use Plan) ■ Site Plan for PUD or Special Permit ❑ Metes & Bounds if property includes un -platted land (sealed by RPLS) ■ Lien Holder Authorization is not signing this form a • Appointment of I certify that I have provided the City of Corpus Christi with a complete applicat for revie It prized to initiate this rezoning If of the Property Owner(s), and r Agent's Signature I(,ia +-, ApplicantSignature Wa tia. e, Euge C. Urban, Jr. rb n Engineering Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: Rezoning Fee: 5z_4_17 S. i 3 S Received By: /1 r/ ADP: SS "+PUD Fee% + Sign Fee =Total Fee AS c S74„, No. Signs Required . c $10/sign Sign Posting Date KIDEVELOPMENTSVCSI,SFIAREDILAND DEVELOPMENTAPPLICATION FORMSIREZOWINGIZONING APPUCAT1ON 2015 DCC f _1Ifnaon14q Farm Revised 5/12/201 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The owner is requesting a change of zoning from FR and RS -6 to RS -4.5. This change of zoning request is for a portion of the 594 lot, Riverbend Subdivision as shown on recently approved preliminary plat. The first phase will include 103 residential lots. This request conforms with the future land use. 2. Identify the existing land uses adjoining the area of request: North - Yorktown Boulevard South - Agricultural - (Zoned - FR East - Agricultural - (Zoned - FR) West - Agricultural - (Zoned - FR) C:\USERS\TANYAR.000\DESKTOP\DAILY USEANN KA\LAND USE STATEMENT FOR ZON NG.DOC Exhibit A 115.72 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 39595.B5.02 July 16th, 2015 Fieldnotes, for a 115.72 Acre Zoning Tract, of Lots 22-27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records ofNueces County, Texas; said 115.72 Acres being more fully described by metes and bounds as follows: Commencing, at a Mag Nail found, on the Centerline of Yorktown Boulevard, a public roadway, the East corner of Lot 21, said Section 25, the North corner of the said Lot 22, from whence, a Mag Nail found, for the North corner of Lot 7, Section 34, said Flour Bluff and Encinal Farm and Garden Tracts, the East comer of the said Lot 24, bears South 61°17'51" East, 1982.31 feet; Thence, South 28°42'09" West, with the Southeast line of the said Lot 21, the Northwest line of the said Lot 22, at 40.00 feet pass a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR. C.C. TX" found, on the Southwest Right -of -Way of Yorktown Boulevard, in all 65.00 feet, to the Point of Beginning and North comer of this tract; Thence, South 61°17'51" East, 1957.32 feet, for the East corner of this tract; Thence, South 28°41'33" West, 2575.00 feet, to the Northeast line of Lot 8, Section 24, said Flour Bluff and Encinal Farm and Garden Tracts, the Southwest line of the said Lot 25, for the South corner of this tract; Thence, North 61°17'51" West, 1957.77 feet, to a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR. C.C. TX" found, in the North corner of the said Lot 6, the East comer of Lot 5, said Section 24, the South comer of Lot 28, said Section 25, for the West corner of the said Lot 27 and of this tract; Thence, North 28°42'09" East, 2575.00 feet, to the Point of Beginning, containing 115.72 acres (5,040,679 Square Feet) of land, more or less. Bearings are based on GPS, NAD 83, State Plane Coordinates, Texas South Zone 4205. This description was prepared from field work performed July 2004 and does not represent a current on the ground survey. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. S:\Surveying\39595\B 502\039595B502_FN_ 115.72Acres_20150716.doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. ;CORPUS CHRISTI,TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 URBAN ENGINEERING Keith W: Wooley, .P. License No FAX (361)854-6001 \` ��.'o'm'x'A , �NJ COUNTY OF NUECES ,a+�'m `•, s � J\' CITY OF CORPUS CHRISTI RODD FIELD n QUAIL SPRI L-----0WI} HOLL• • t N CAPELCeFa PARK- CEtlADL—,s,,,,,s,,,,I EST MwOUNr a O I ry i SI E % STARRY LOCATION MAP N.T.S. LOT s saorioN 24 LJr Set 5/8" I.R. with red lastic cap stamped 'Urban Engr C.C. Tx" 28, satt1W'J 2g N2T42 09" E LOT 21, 08111fION 28 I I Point of Beginning I 2575.00 Fd. Mag Nail Point of PI Commencement 20' Road Easement (Vol. A, Pgs. 41- 43, M.R.N.C.T.) LOT a ass risk] 24 z � Ir LJ r 27, 088718N 29 a ,,`> '",i' `,� , d w��1 Fd. s/6" I.R. with red 40. plastic cap stamped Urban Engr C.C. Tx"65'—.- �� \\:° � LOT a 08,(2'110N StNfl` . (`Existing I —.— R.O.W. �I Vj � LEt 7 ���rJJ,`� �� `01 (0 • — c i, + t N, ..AS' Ac ll 1 0 •i gi A\ ac\®,, r d , �,r�� e�c�� jt<S 115.72 �j®� �a �,>�-) (5,040,679 ��c,®',�,r� , m 1 p t `�� .1.8-t 28a Jd r1thJ 2g `fijl�,`,L� _ 10' Wide Pedestrian and — — Vehicular Access Easement (Doc. No. 1996045983, 0.R.N.C.T.) Acres Sq. Ft.)m 40 r1 p 4 Ica 20, 8da r1Jd�J 20 aul , i W l N Cn 0 • uvi' op—, b co v c CD co 0 vI I Lar a ��J r1���1 24 I I20' LJ r 28, sat rises 28 Road Easement '(Vol. A, Pgs. ) 1— N 20'o Rood Easement M.R.N.C.T. u Vol. A, P s. 41—i li 43, M.R.N.C.T.)� L t r 2 , 88J trJN 28 Std -i�/ Road -t 40, w Cli- N m 'o43, 0 CL L.rr 1 / 528'41'33"W LJr 18, rm \J 04 2575.00'--a Loy Z 888rmn s4 Exhibit B Sketch to Accompany Z a. FIELONOTES for o 115.72 Acre Zoning Tract, of Lots 22-27, Section 25, flour Bluff and Encinal Fane and Gorden Tracts, a mop of which is recorded in Volume 4 Pages 41-43, Mop Records of Nueces County, Texas. I»1E: July 16, 2015 I _ URBAN SCALE 1 _500 JOB NO.: 39595.B5.02 ENGINEERING 2�� NO.R DR C CHRIISTTI, TX 7755404 SHEEr: 1 of 1 DRAWN BY: RUA ` PHONE 361 .854.3101 xww.uR641ENa.COM urbansurveyl ®urbaneng.com 0 2015 by Urban Engineering DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking • to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Patricia H. Wallace, Trustee #2 STREET: 101 N. Shoreline CITY: Corpus Christi, TexasZIP: 78401 FIRM is:QCorporation °Partnership °Sole Owner ()Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Consultant CERTIFICATE certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to r the City of Corpus Christi, Texas as changes occur. Certifying Person: :.0 /t V1 \C,t t (P t Name) Signature of Certi ing Person: Title: Date: —7/:10 /I K:IDEVELOPMENTSVCS\SHARED\LAND DEVELOPMENTVAPPLICATION FORMSVREZONINGIDISCLOSURE OF INTERESTS STATEMENT_5.122015.DOC NAME: DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". Patricia H. Wallace, Trustee #2 STREET: 101 N. Shoreline FIRM is: Corporation Partnership CITY: Corpus Christi, Texas ZIP: 78401 Sole Owner Association 0 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the/City of Corpus}�YChristi, Texas as changes occur. Certifying Person: ?,�( Ll (A,,,, t JU(Lt Title: QO)4M (Print Name) Signature of Certifying Person: Date: K:IDEVELOPMENTSVCS\SHAREDILAND DEVELOPMENT'APPLICATION FORMS \REZONING\DISCLOSURE OF INTERESTS STATEMENT_5.12.2015.DOC co 311 29 -o 45) J ii 459 92 OS cA cAl O J tJ46,3 WN I..L U cocp J Lot 18, 178 • Parking IBANEZ LANE Detail Typical N27'36'011 904.50' r Parking lore?fro Ras N Id N2736'01'E 1320.00' z 1 1 1 PRAX MORGW PULE iii REDS FOLLY DRIVE N27'36'01'E 2640.00' AREA FOR (NATURE AND TO FUTURE DEVELOPMENT SCOPE OF DEVELOPMENT BE DETERMINED) 142) 00 oE 5 WASHBIRN DRNE ts 16 fq 1. 21 34 22 MOSRITE DRIVE 5:] 2. 14 5 15 24 55 2 D ANGEL103 DRIVE F - Ieei 7 56 ,..c„ Sv' I 55 9547 ECCUSHNL DRIVE - 45 I8 1E 5952 18. 53 20 50 I 56 1 36 1 56 1 50' 54 55 „ 4, 1 8 92 6 1 45 5 I ., I.4 I 0�1 43 155 DIPImo DRIVE 05 I - 4'. :5 145 ' 67,1 58 1 45' 1 Fr 411 1 <5 1 35 1 51 55 145 23 9 46 9 151 • 77 1.3 80 • 6. 62 102 8 63 100 618 66 9 135 E PHONE nnar Limn - O6 54 48 9 1 903 D ANGELICO DRIVE 2 23 0 5u .5 a. 14 2 102 100' 54 16 • 17 405 0 1505 9 • 20 n 29 23 ECCLESHALL DRIVE rv- i�E :au : El '8 1 451'5 5 65 42 45 154 5,0 20 0 2' 12, 22 5 1 45 145 1 55 1 45, 1 a5 DIP INTO DRIVE C.9ET°. C.9 DRIVE s 0 LOT 1 .53 ACRES PARK 100' E 22 Si 100'100 A 23 2 24 ,00 13 10 14 109 9 2 J 100' 10:' 4,8 54 ✓ 25 91 • 26 2 350 03 9 100 0 • 27 5 100' 2 545 25 38 50' 7c 50 90 5 54 4 6 g ,00' 150' ▪ 17 y 100 11 - 05. 105 15 _-2 2 20 `4 5ao ▪ 22 104' 5 04 100' 24 5 r ©3 150 84 8 4 " . SUPRO DRIVE 12 24 0 1 55 25 S 262 2: 20 8 i 55 I 50 25 32 50 91 2 I 5u I 34 54 20 65 3 45 49'2 0 47 'o 46-9 4 4 0, 5 < .5 Nr11.IV VM.0 55 5 oic R ,2._:-1, 11 ;H 9 Pk 6 § z g. 45 i 45 0 5 12 4 g 4, 2 2 <5 1 2 45 45 S5 45 91 5 45' I 45' O 4u 1 4 1 <, 1 u l m 7 18 54 19 _20 5521 55 22 2 23 S2 C.9ET°. C.9 DRIVE s 0 LOT 1 .53 ACRES PARK 100' E 22 Si 100'100 A 23 2 24 ,00 13 10 14 109 9 2 J 100' 10:' 4,8 54 ✓ 25 91 • 26 2 350 03 9 100 0 • 27 5 100' 2 545 25 38 50' 7c 50 90 5 54 4 6 g ,00' 150' ▪ 17 y 100 11 - 05. 105 15 _-2 2 20 `4 5ao ▪ 22 104' 5 04 100' 24 5 r ©3 150 84 8 4 " . SUPRO DRIVE 12 24 0 1 55 25 S 262 2: 20 8 i 55 I 50 25 32 50 91 2 I 5u I 34 54 20 65 3 45 49'2 0 47 'o 46-9 4 4 0, 5 < .5 Nr11.IV VM.0 55 5 45 S .5 9 1 <5 45 X ,19 45' 40 45' -- 9 ,5' , 0 45 7 L 6 45 i 45 0 5 12 4 45 9 3 4, 2 2 <5 1 2 45 45 45' 45 91 5 45' I 45' 0 16 7 18 54 19 _20 5521 55 22 2 23 S2 0 55262. -1g. 25 525 6 39 551 15 4. 4 45 45 4 <5 45 45 I 45 GRETSCH DRIVE Id Rodd Field Road Slough Road Yorktown Boulevard VACATION YAP Not to Scale NOTES: 1. The property is currently undeveloped and is Zoned Farm Rural (FR) and RS -6. Proposed zoning is RS -4.5 2. The portion of the property to be developed is in Flood Zone B, per Flood Insurance Rate Map for Nueces County, Texas (Unincorporated Areas) Panel 540 of 705 Community Panel Number 485494 0540 C map revised March 18, 1985. 3. A Pollution Prevention Plan will be submitted with any plans of development for this property. 4. Residential Driveways are prohibited direct access to Yorktown Boulevard (Lots 1-16, Block 1; Lots 35 and 36, Block 2; Lots 1-14, Block 3). 5. Residential Driveways are prohibited direct access to STARRY ROAD (Lots 14-29, Block 3; Lots 1-15, Block 15). 6. All areas west of Oso Parkway are for future undetermined residential use. 7. There is no off—site drainage onto this property and the storm sewer pion as shown complies with the City of Corpus Christi Master Plan. 8. The receiving water for the storm water runoff from this property is the Oso Creek. The TCEQ hos not classified the aquatic life use for Oso Creek, but it is recognized as an environementally sensitive area. The Oso Creek flows directly into the Oso Bay. The TCEQ has classified the aquatic life use for the Oso Bay as "exceptional" and "oyster waters" and categorized the receiving water as "contact recreation use." 9. The actual boundary of Oso Creek shall be determined at the time of final platting. 10. All jurisdictional wetlands shall be delineated and any required permits shall be obtained from the U.S. Army Corps of Engineers or other appropriate regulatory agencies before work that may disturb the wetlands commences. 11. All properties will be rezoned to the proper zoning prior to filing the final plat and construction. 12. All temporary drainage easements shall be maintained by the HOA. 13. This project is not within an AICUZ Boundary or Noise contour. 14. Water and wastewater fees shall be paid prior to recordation of the final plat. 15. Lots 22-27, Block 17 cannot be platted as multiple lots, unless Oso Parkway is constructed to its full roadway width. 16. Water and Sewer will be located within the common areas. 5 30 46' RIGHT OF WAY 23 23' 1' 6' TUMORAL UNE 4 28' 8-B B -B w/Buuruui 7, 2'TYPEDH q PER Fr. 2' 3)' FENDE'. F NE CONCRETE SIDEWALK 100' COMMON AREA AND DRAINAGE RIGHT OF WAY COMMON AREA AND DRAINAGE RIGHT OF WAY LOT 137 0401 166 EXIST. LIEF 513110N SITE 4 2 - 19 2 COMP. CURB FILL 6" '5' CURB 6" '5' CURB COMP. CURB FILL 6" CRUSHED LIMESTONE 6" 'L' CURB 8" UMED SUBGRADE UDC L -1C STREET SECTION (GRETSCH AND FENDER DRIVE) NOT TO SCALE •4 621r15'255V 4668.70' NT 012 "n SPECIFICATIONS: 2' TYPE D HOT MIX ASPHALTIC CONCRETE PRIME COAT MC -30 AT 0.15 GAL/S0. YD. 6' CRUSHED LIMESTONE (TY A GR 1); COMPACTED TO 98% MOD. PROCTOR DENSITY MOISTURE SHALL BE WITHIN ±2% OPTIMUM MOISTURE 8" COMP. LIMED SUBGRADE (5% BY DRY WT.): COMPACTED TOD95% SID. PROCTOR DENSITY MOISTURE SHALL BE WITHIN OPTIMUM MUMOISTURE M STURE NOFOR CLAY SOILS ONLY: STREET CROSS SECTION SHALL BE CONSTRUCTED OVER A 12 INCH SECTION OF COMPACTED RAW SUBGRADE TO 9D% STANDARD PROCTOR, FROM WHICH THE 8 SHALL BE SCARIFIED AND CONSTRUCTED. i. LH; 9 2015 •()EVE. .. . . CONTRACTOR MAY USE GEOGRID (TENSAR TX 5) IN LIEU OF LIME STABILIZED SUBCRADE IF THIS OPOON 15 UTILIZED, SUBGRADE SHALL BE 12 -INCH COMPACTED TO 95% STANDARD PROCTOR DENSITY AT +2% OPTIMUM MOISTURE. GEOGRID SHALL ECIEND 2' BEYOND BACK OF CURB Pp o. Jt M I� SEP -92015 PLANNING COMMISSION 60' RIGHT—OF—WAY 80' RIGHT-OF-WAY - 50' RIGHT-OF-WAY —1' 1' 0 c: 1' 4' 5' 40' B—B 5' 4' 40' B -B 4' 6' 28' B -B 6' 4' 1' 2' 1 1' Finish Asphalt 1/2" Above Lip of Gutter (Typ.) 2" Hot Mix Asphalt 7" Crown 30' 2' Varies Varies 5" Crown Z HMAC Conc. Sidewalk Typical Curb Backfill 6' 'L' Curb 6" Crushed Limestone 8" Lime Stabilized Subgrade 4' Conc. Sidewalk T picot Curb ackfill 6" 'L' Curb TYPICAL 50' RIGHT—OF—WAY STREET SECTION Not to Scale 4' Conc. Sidewalk 6" "L' Curb See Curb Back FII Detail 2" Type D Hot Minx Asphaltic Concrete 6" Crushed Limestone (TY A, GR 1); Compacted to 98% Std. Proctor Density Moisture shall be within ±3% Optimum Moisture 8" Comp. Limed Subgrade (5% by Dry Wt.); Compacted to 95% Std. Proctor Density Moisture shall be within ±3% Optimum Moisture Prime Coat MC -30 at 0.15 Gal/Sq. Yd. For Clay Soils Only: Street crossssseecction shall be constructed over a 12 inch section of compacted raw subgrade to 90% Standard Proctor, from which the 8 inch limed subgrade shall be scarified and constructed. 8" Limestone Base 8" Lime Stabilized Subgrade 4' Conc. Sidewalk 6" 'L' Curb See Curb Back Fill Detail 7" Crown 2' 2" Hot Mix Asphalt 20' R.O.W. (Vol. A, Pgs. r 41-43, M.R.N.C.T.) STARRY ROAD PRELIMINARY PLAT for RIVERBEND SUBDIVISION f-5' R.O.W. Dedication 8' Conc. Bike Path TYPICAL 60' RIGHT—OF—WAY STREET SECTION Not -to -Scale SPECIF1CAMONS• 2" Type D Hot Mix Asphaltic Concrete 8" Limestone Base (TY A, GR 1); Compacted to 98% Std. Proctor Density Moisture shall be within ±3% of Optimum Moisture 8" Comp. Lime Subgrade (5% by Wt.); Compacted to 95% Standard Proctor Density Moisture shall be within ±3% of Optimum Moisture Prime Coat MC -30 at 0.15 Gal/Sq. Yd. Note: For Clay Soils Only: Local and Residential Collector cross sections shall be constructed over a 12 -inch section of compacted raw subgrade to 90% Standard Proctor, from which the 8 -inch limed subgrade shall be scarified and constructed. M 8" LIMESTONE BASE 6" 'L' Curb 8" LIME STABILIZED SUBGRADE TYPICAL OSO PARKWAY STREET SECTION 80' R.O.W. (40' B—B) Not to Scale SPECIFICATIONS: 2" Type D Hot Mix Asphaltic Concrete 8" Limestone Base (Ty A, GR 1); Compacted to 95% Modified Proctor Density Moisture Content shall be within ±3% of Optimum Moisture 8" Comp. Lime Stabilized Subgrade (5% by Wt.); Compacted to 95% Standard Proctor Density Moisture Content shall be within ±3% of Optimum Moisture Prime Coat MC -1 at 0.15 Gal/Sq. Yd. 6" 'L' Curb 4' Conc. Sidewalk L 20' R.O.W. (Vol. A, Pgs. 41-43, M.R.N.C.T.) 300 200 100 GRAPHIC SCALE 1 "=200' Corpus Christi, Texas Being 195,3 acres of land out of all of Lots 22 through 27, Section 25, all of Lots 7 and 8, Section 24, and portions of Lots 9, 10 and 11, Section 24, Flour Bluff and Encinal Farm and Garden Tracts. ti ENGINEERING URBAN E101 IC 145, MRS FM IC 10032403 V25 WHIM CR. CM% CHRIST, TX 78404 JOB NO. 39595.B4.00 SEPT. 4, 2015 MFH/crr S:\ ProjecIA39000UP \ 39595 \ 8400 FtNERBEND PRELIMINARY PLAT S5ELBEE.Erdwg, 91/20192E0 PI‘5 Aerial Overview Aerial SUBJECT PROPERTY AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 20, 2015 Second Reading for the City Council Meeting of October 27, 2015 DATE: September 28, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property located at 3801 Rodd Field Road CAPTION: Case No. 0915-06 Point Development, LLC: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. The property is described as being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of general commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant has indicated an initial plan to develop a 4,650 -square foot building for a convenience store with seven pump islands, car wash/vacuum/air station on a 1.78 -acre portion of the 10 -acre tract. Specific use of the remainder of the property is unknown but the owner is marketing the property as a site for a retail center. The requested rezoning to the "CG -2" General Commercial District is consistent with both the Southside Area Development Plan and designation of commercial uses for the property on the adopted Future Land Use Map. Staff's opinion is that the proposed "CG -2" General Commercial District rezoning would increase the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when deciding which commercial uses to allow within residential areas and is suited for uses allowed by the proposed "CG -2" General Commercial District. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and the rezoning to the "CG -2" General Commercial District is consistent with elements of the Southside ADP and the adopted Future Land Use Map. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital 1111A Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Point Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Point Development, 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, September 23, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested the "CG -2" General Commercial District, and on Tuesday, October 20, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Point Development, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road (the "Property"), from the "FR" Farm Rural District to the "CG -2" General Commercial District, (Zoning Map No. 042031), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. The rezoning does not result in a change to the Future Land Use Map. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Ordinance_0915-06 Point Development, LLC Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_0915-06 Point Development, LLC Page 3 of 3 Exhibit A 10.00 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 43015.00.02 July 31St, 2015 Fieldnotes, for a 10.00 Acre Zoning Tract, of Lot 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 ofNueces County, Texas; said 10.00 Acres, being more fully described by metes and bounds as follows: Beginning, at the Centerline Intersection of Slough Road and Rodd Field Road, a public roadway, the South corner of Lot 25, Section 20, said Flour Bluff & Encinal Farm & Garden Tracts, the West corner of Lot 31, Section 26, said Flour Bluff & Encinal Farm & Garden Tracts, the North corner of Lot 1, Section 25, said Flour Bluff & Encinal Farm & Garden Tracts, for the East corner of the said Lot 8 and this tract; Thence South 29°00'00" West, with the Northwest line of the said Lot 1, the Southeast line of the said Lot 8, the Centerline of Road Field Road, 1320.00 feet, to the West corner of the said Lot 1, the North corner of Lot 16, said Section 25, the East corner of Lot 9, said Section 21, for the South corner of the said Lot 8 and this tract; Thence North 02°26'06" East, with the Centerline of Airline Road, a public roadway, 1475.80 feet, to the Intersection of the said Airline Road and the said Slough Road, the East corner of Lot 7, said Section 21, the South corner of Lot 26, said Section 20, the West corner of the said Lot 25, for the North corner of the said Lot 8 and this tract; Thence, South 61°00'00" East, with the said Centerline of Slough Road, the Southwest line of the said Lot 25, the Northeast line of the said Lot 8, 660.00 feet, to the Point of Beginning, containing 10.00 acres (435,597 Square Feet) of land, more or less. Bearings are based on the recorded plat of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records ofNueces County, Texas. This description was prepared from record information and does not represent a current on the ground Survey. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. fit-*/ Ro+-f"g URBAN ENGINEERING KEITH W. WOOLEY \rho 5463 ''::*"Q- 4",(3.�B55+AQ SUR • bc- Keith W. Wooley, R.P.L.S. License No. 5463 S:1Surveying143015100021OFFICE\METES AND BOUNDS10430150002-10.00Ac_ZONING.doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 EXHIBIT "A" FAX (361)854-600i \ Bill Witt City Park ----- COUNTY OF NUECES CITY OF CORPUS CHRISTI ctooROA ' -4k, RO,D B READ C I \ SiteSa -..e pc44 °o DE z w .0 ��O ce . ,„ •-\ j )-0 �\ , To LOCATION MAP N.T.S. Lot 26 i Section 20---°,�F/o4� o f v (� 0 CtA a) C3 -I 00 ori N w (0 N p Parcel 8, Tract 2 1 0.338 Acres 60' Wide Strip Vol. 272, Pgs. 230-231— D.R.N R.N.C.T. / 1/ V Lot 9 Section 21 A----A.,o „ vi, R'c° /-0 67.9 v0' /� � a�Q Parcel B, Tract 1 0.278 Acres Vol. 272, Pgs. 230-231, o.R.N.c.T.---A 10.00 Acres 435,597 Sq. o .Z)c oco a c °(z,,q, �45' ,��( 4') 4( CO �� �� � e .t / 93' 0 c,° / ° ems' ora c;,o� / 0 �Q �_ o`vv / J=/ moo / / o / •o / /(1\/"' / Q e� Qo Q, �" k. / e� Q�= �� o. ocv<0 , �� ^ urbansurveyl©urbaneng.com IA Q/72? ,,o.. -1' s'o'A . N g3 ep• F 66� •00' Ft. 1 / /, /o�J / / p �� ^ry , m . 2S cif,- sect Co `'' ° 2 o''h Fh p 0 17 Tr 7p/ es 0 � , pets °�tM4o t fps Lot 31, Section 26 dour Huff & Encinal Farm & Garden Tracts Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas / 0 / 0 / a `( s a� o C/ o e o h co C, O .o �t'0 �O�OL �/� O ^,Q�6 o t,Q �� 0 � �t 0) Q- Exhibit B Sketch to Accompany FIELDNOTES for a 10.00 Acre less, of Lot 8, Section 21, and Garden Tracts, a map Volume A, Pages 41-43, County, Texas. Zoning Tract, more or Flour Bluff and Encinal Farm of which is recorded in Map Records of Nueces DATE: July 31, 2015 SCALE: 1 =200' SHEET: 1 of 1 JOB NO.: 43015.00.02 DRAWN BY: RLG 02015 by Urban Engineering corm? riwiro R/1 . /?(11 S R•1 Clnl S AM r19 URBAN LI- — ENGINEERING 1BPE FIRM NO. 145, PS FIRM NO. 10032400 / z ACOR 1578404 PHONE: URBANENG.00M 361854.31010RPUW#� S•\Ci irveyino\4V11 S\Mfl7\742ni 1:1 EXHIBIT "B" PLANNING COMMISSION FINAL REPORT Case No. 0915-06 HTE No. 15-10000051 Planning Commission Hearing Date: September 23, 2015 Applicant & Legal Description Applicant/Owner: Point Development, LLC Representative: Urban Engineering Legal Description/Location: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. Zoning Request From: "FR" Farm Rural District To: "CG -2" General Commercial District Area: 10 Acres Purpose of Request: To allow for the construction of a fueling station and retail development. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural District Vacant Commercial North "CG -2" General Commercial District Vacant Commercial South "FR" Farm Rural and "CG -2" General Commercial District Vacant Commercial East "RS -6" Single -Family 6 District Low Density Residential Low Density Residential West "RS -6" Single -Family 6 District and "RM -2" Multifamily 2 District Low Density Residential and Vacant Low Density Residential and High Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map. Map No.: 042031 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located on the southwest corner of Airline Road and Rodd Field Road. Airline Road is classified as an "Al" Minor Arterial Undivided street and Rodd Field Road is classified as an "A3" Primary Arterial Divided street. The subject property has approximately 570 feet of frontage along Airline Road and approximately 960 feet along Rodd Field Road. Currently, the portion of Airline Road located west of the subject property has been physically closed but not legally abandoned by its owner, the City of Corpus Christi. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Airline Road "Al" Minor Arterial Undivided 95' ROW 64' paved 135' ROW 80' paved 3 301 ADT Rodd Field Road "A3" Primary Arterial Divided 130' ROW 79' paved 115' ROW 35' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "CG -2" General Commercial District to allow for the construction of a fueling station and commercial development. Development Plan: The applicant has indicated an initial plan to develop a 4,650 - square foot building for a convenience store with seven pump islands, car wash/vacuum/air station on 1.78 -acre portion of the 10 -acre tract. The initial development would be located at the intersection of Airline Road and Rodd Field Road. Specific use of the remainder of the property is unknown but the owner is marketing the property as a site for a retail center. As part of the rezoning application, the applicant did not provide a proposed site plan for the convenience store and the remaining property. Existing Land Uses & Zoning: To the north of the subject property is vacant land in the "CG -2" General Commercial District. To the west, there is vacant land zoned for "RM -2" Multifamily 2 District and a subdivision under construction in the "RS -6" Single - Family 6 District. To the south is vacant land zoned "FR" Farm Rural and "CG -2" General Commercial Districts. To the east are homes within a single-family subdivision zoned "RS -6" Single -Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CG -2" Commercial District is generally consistent with the Southside ADP and the adopted Future Land Use Map's designation of the property for commercial uses. The following are pertinent elements of the Comprehensive Plan that should be considered: - Corpus Christi Policy Statements: o New development should occur in a pattern which is cost effective. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. o Commercial activities which generate large volumes of traffic should have direct access to an arterial road without having to traverse low-density areas. Planning Commission Final Report Page 3 o Commercial service areas designed to serve local neighborhoods should be conveniently located and in harmony with the surrounding neighborhood. o Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhood (Comprehensive Plan, Commercial Policy Statement d). o Encouraging infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement F). Plat Status: The subject property is not platted. Department Comments: • The requested rezoning is generally consistent with both the Southside Area Development Plan and designation of commercial uses for the property on the adopted Future Land Use Map. • The proposed rezoning abuts a proposed multi -family development to the west. • It is staff's opinion that the proposed rezoning to the "CG -2" General Commercial District is located in a manner that will service the surrounding residential neighborhood with minimal negative impacts. Staff's opinion is that the proposed "CG -2" General Commercial District rezoning would increase the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when deciding which commercial uses to allow within residential areas. • Given that the subject property will likely qualify for at least one driveway to Airline Road, and that the spacing between adjacent intersections is only 700 feet, maintaining traffic flow will be a challenge to the City's Traffic Engineering Department. Still, the location of the proposed use is consistent with comprehensive plan policies to locate high traffic generating uses at the intersection of arterial streets. • The subject property is suited for uses allowed by the proposed "CG -2" General Commercial District. Planning Commission and Staff Recommendation: Approval of the rezoning to the "CG -2" General Commercial District. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 26 within 200 -foot notification area 1 outside notification area As of September 28, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 9 inside notification area — 0 outside notification area Totaling 27.97% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Notices Returned K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0915-06 Point Development, LLC\PC Documents\0915-06 Report Point Development, LLC.docx O 9 4.c`\ 0 SUBJECT PROPERTY )124,,trO Cayo DelOsteo 4� \ 417 ILOcATION MAP City of Corpus Christi CASE: 0915-06 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject PropertyOwners with 200' buffer O in favor 4 Owners within 200' listed on v Owners attached ownership table in opposition 15-10000051 • REZONING APPLICATION 1652 Development P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 _ opard Located at 2406 LStreet Office Use Only 0915-06 042031 Case No.: Map No.: PC Hearing Hearing Location: Hearing Time: . A MAXIMUM * INCOMPLETE Date: 9/23/15 Proj.Mgr: City Hall, Council Chambers, 1201 Leopard Street 5:30 p.m. OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Mailing City: Corpus Urban Engineering Contact Person : Xavier Gaivan Address:2725 Swantner Drive Christi state: TX ZIP: 78404 Phone: (361 ) 854-3101 E-mail: Cell: ( 361 ) 854-4187 ext. 217 2. Property Mailing city: Corpus Owner(s): Point Development, LLC Contact Person : Frank Manning Address: 3535 South Staples Christi State: TX zip: 78411 Phone: (361 ) 438-5397 E-mail: Cell: ( J 3. Subject Current 12 -Digit Subdivision Legal Description North of Airline Rd., South of Slough Road & west of Rodd Field Road , 00 Acres Property Address: Area of Request (SF/acres): Zoning & Use: FR Proposed Zoning & Use: CG -2 Nueces County Tax ID: 476 _ 0021__ 0080 J Name: Block: Lot(s): if not platted: 10.00 acres out of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts 4. Submittal • Early Requirements: Assistance Meeting: Use Statement Hour Trip Form (if request & Bounds Description with of Agent Form if Date Held April 28, 2015 ; with City Staff of Interest with if property includes is not signing ❑ Land ❑ Disclosure 0 Copy of Warranty Deed IF APPLICABLE: is inconsistent exhibit landowner • Peak Future Land Use Plan) • Site Plan for PUD or Special Permit ❑ Metes un -platted land (sealed by RPLS) ■ Lien Holder Authorization L] Appointment this form certify that I have provided the City of Corpus Christi with a Owner or Agent's Signature Frank K. Manning, President complete application for reVew; that I -AL t •rized'a initiate this rezoning s); and - - in o ati f•rovided i. urate. I Applicant's Signal-G.17 Rhodes Urban - Urban Engineering Owner or Agent's Printed Name Applicant's Printed Name Office Use Rezoning Fee: No. Signs Required Only: Date Received: 8/14/15 Received By: AG ADP: SS 1976 75 + PUD Fee + Sign Fee 50.00 = Total Fee 2026.75 5 @ $10/sign Sign Posting Date: 9/8/15 K I3EVELOPMENTSVCSLSHARED4LAND DEVELOPMENTIAPPLICATION FORMSIREZONING4ZONING APPLICATION 2015.DOC Form Revised 5/12112015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The owner is requesting a change of zoning for the the development of a fueling station at the corner of Rodd Field Road and Slough Road. The fueling station will sit on approximately 1.78 acres and will contain a 4,650 square foot building. There site will have 7 fuel pump islands, a car wash and vacuum/air station. Specific use of the remainder of the property is not known at this time, but the owner is marketing the property for commercial use as a possible retail center. 2. Identify the existing land uses adjoining the area of request: North - Vacant - CG -2 South - Agricultural - FR East - Residential - RS -6 West - Vacant and Residential - RM -2 and RS -6 C:\USERS\TANYAR.000\DESKTOP\DAILY USE \ANNIKA\LAND USE STATEMENT FOR ZONING.DOC Exhibit A 10.00 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 43015.00.02 July 31st, 2015 Fieldnotes, for a 10.00 Acre Zoning Tract, of Lot 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 of Nueces County, Texas; said 10.00 Acres, being more fully described by metes and bounds as follows: Beginning, at the Centerline Intersection of Slough Road and Rodd Field Road, a public roadway, the South corner of Lot 25, Section 20, said Flour Bluff & Encinal Farm & Garden Tracts, the West corner of Lot 31, Section 26, said Flour Bluff& Encinal Farm & Garden Tracts, the North comer of Lot 1, Section 25, said Flour Bluff & Encinal Farm & Garden Tracts, for the East corner of the said Lot 8 and this tract; Thence South 29°00'00" West, with the Northwest line of the said Lot 1, the Southeast line of the said Lot 8, the Centerline of Road Field Road, 1320.00 feet, to the West corner of the said Lot 1, the North corner of Lot 16, said Section 25, the East corner of Lot 9, said Section 21, for the South corner of the said Lot 8 and this tract; Thence North 02°26'06" East, with the Centerline of Airline Road, a public roadway, 1475.80 feet, to the Intersection of the said Airline Road and the said Slough Road, the East corner of Lot 7, said Section 21, the South corner of Lot 26, said Section 20, the West corner of the said Lot 25, for the North corner of the said Lot 8 and this tract; Thence, South 61°00'00" East, with the said Centerline of Slough Road, the Southwest line of the said Lot 25, the Northeast line of the said Lot 8, 660.00 feet, to the Point of Beginning, containing 10.00 acres (435,597 Square Feet) of land, more or less. Bearings are based on the recorded plat of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas. This description was prepared from record information and does not represent a current on the ground Survey. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. OF 4� "ro% N ° URBAN ENGINEERING KEITH W. WOOLEY \c\ -•%."',p -• : 9 5463 cr : tz- r .7Z. op 5 Soca.• O f.SIAAN Keith W. Wooley, R.P.L.S. License No. 5463 S:1Surveying143015100021OFFICE\METES AND BOUNDS10430150002-10.00Ac ZONING.doc Page of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 www,urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 Bill Witt City Park ----- COUNTY OF NUECES CITY OF CORPUS CHRISTI ctooROA ' -4k, RO,D B READ C I \ SiteSa -..e pc44 go DE o z w .0 a . ,„ '-\ j )-0 �\ , To LOCATION MAP N.T.S. Lot 26 i Section 20---°,�F/o4� o f v (� 0 CtA a) C3 -I 00 ori N w (0 N p Parcel 8, Tract 2 1 0.338 Acres 60' Wide Strip Vol. 272, Pgs. 230-231— D.R.N R.N.C.T. / 1/ V Lot 9 Section 21 A----A.,o „ vi, R'c° /-0 67.9 v0' /� � a�Q Parcel B, Tract 1 0.278 Acres Vol. 272, Pgs. 230-231, o.R.N.c.T.---A 10.00 Acres 435,597 Sq. o .Z)c oco a c °(z,,q, �45' ,��( 4') 4( CO �� �� � e .t / 93' 0 c,° / ° ems' ora c;,o� / 0 �Q �_ o`vv / J=/ moo / , / o / •o / /(1\/"' / Q e� Qo Q, �" k. / e� Q�= �� o. ocv<0 , �� ^ urbansurveyl©urbaneng.com IA Q/72? ,,o.. -1' s'o'A . N g3 ep• F 66� •00' Ft. 1 / /, /o�J / / p �� ^ry , m . 2S cif,- sect Co `'' ° 2 o''h Fh p 0 17 Tr 7p/ es Co A , pets �tM4o t fps Lot 31, Section 26 dour Huff & Encinal Farm & Garden Tracts Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas / 0 / 0 / a `( s a� o C/ o e o h co C, O .o �t'0 �O�OL �/� O ^,Q�6 o t,Q �� 0 � �t 0) Q- Exhibit B Sketch to Accompany FIELDNOTES for a 10.00 Acre less, of Lot 8, Section 21, and Garden Tracts, a map Volume A, Pages 41-43, County, Texas. Zoning Tract, more or Flour Bluff and Encinal Farm of which is recorded in Map Records of Nueces DATE: July 31, 2015 SCALE: 1 =200' JOB NO.: 43015.00.02 SHEET: 1 of 1 DRAWN BY: RLG 02015 by Urban Engineering corm? riwiro R/1 . /?(11 S R•1 Clnl S AM r19 URBAN - 2725 — ENGINEERING 1BPE FIRM NO. 145, TBPLS FIRM NO. 1510032400 U78404PHONE•ANTNER DR, 361854.31010RPUW#�URBANENG.00M R \Ci irveyino\4V11 S\Mfl7\742ni 1:1 NAME: DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". Point Development, LLC STREET: 3535 South Staples CITY: Corpus Christi, Texas Zip: 78411 FIRM is: Corporation ° Partnership ° Sole Owner ° Association ()Other Limited Liability Company DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Job Title and City Department (if known) Name N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Frank K. Manning Title: President (Print Name) Signature of Certifying Person: Date: ♦ 5: K:\DEVELOPMENTSVCSVSHARED\LAND DEVELOPMEN1\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT 5.12.2015.000 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Urban Engineering STREET: 2725 Swantner Drive CITY: Corpus Christi, Texas ZIP: 78404 FIRM is:OCorporation ()Partnership Sole Owner °Association ®Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Rhodes Urban / ^ Title: Authorized agent (Print Name) Signature of Certifying Person. — Date: K:hDEVELOPMENTSVCSISHAREDILAND DEVELOPMENT1APPLICATION FORMSIREZONINGIDISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades clue tienen la intencion de asistir a este junta v clue reauieren servicios especiales, se les suplica clue den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted _desea dirigirse_a Ia commission. durante la junta _v su inQles es limitedo, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas aloes -de -la -junta para solicita� un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-06 u`�E SEF . 7 2C3 � DEVELOPM T SERVV ES SPECIA,, ItVlr:; Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, notresultinpgin a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 23, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street, You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: in accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: I' t 1)5A-Ct\yis 1 h j QsA-Wpey14- f r u 5` - City/State: 5 CAP i S'\ -t t 7. Address: '6914:r? U-)00.4) ( ) IN FAVOR ( IN OPPOSITION Phone: 3f0\-7 5 4111c a• REASON: Q. ?2S I cAc.a' ad. l newt 41z, 4-.16-s TI`pv 2n SEE MAP ON REVERSE SIDE Property Owner ID: 3 HTE# 15-10000051 Sign Case No. 0915-06 City Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 3 474300020150 MOSTAGHASI INVESTMENT GEORGE CONTRACTING & DEV 8026 Bar le Doc Dr Corpus Christi, TX 78414 PQS-t � •..fes IRIFCEY ILO WI.S 02 1M $ 00.485 0004287110 SEP11 2015 MAILED FROM ZIP CODE 78412 FR CASE: 0915-06 SUBJECT PROPERTY WITH ZONING Subject Property RU.1 Uuldl.mlly 1 RM -2 INWubmIly 2 RU -3 ehrnn.mlly 2 ON Peole..leru' OMe. RY-AT UuRll.mlly AT CN 1 PNlphe.rhaed Corrtm.retal CN -2 iiirsicturOccid Camh.rcil CR 1 R.eartCemm.rclal CIS 2 Ree oil Comm.rp.l CO 1 CO -2 CI CSD CR2 Fp SP Gens.. Commercial Gomm Commercial Wen. r1 Comm.rclal Oornlo.m Corrrm.rcl.l Rosen Commere W Farm Muni Historic Overlap eueln... e.rh 11. Lpht Industrial M FN.rl PUO Mooned Linn per li+«NY RS 10 nlnpl..F.mllV ID Rai SIrpN-F.mlr,e 11545 SIn5Y-F.mlf, SS RSIF Ibe.r.mUY RS I! lup1..F.mlrp 1! PE Re.c4.ntul Blau RS -TN lbrrnhou.. SP Sp.Cul Permit Ry Rocreauonal IMP Ida Pam Ram .I.nul.etur.e Room `41- SUBJECT PROPERTY LOCATION MAP City Cos Chllatk Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a este junta v cue requieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al degartamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diripirse a la commission durante la junta v su ingleres-limitado, favor de IlfIrOr al departan)estto de servicos de desarrollo al niimeroj361) 826-3240 al menos 48 holes antes de la junta para sblii.ar un interprete ser presente durante la junta. ` t CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-06 J tS S E' 1 2:15 [ DEVELOPMENT SERVICES SFEuiAL SEAVIL,ES Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 23, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: 1r`f}S/`SZ3V►ceSt ,}e5-- vk- ` t f'u5k- Address: fj of al ci LO D ll ;City/State: ( V; 5 Q - S3 •- ( ) IN FAVOR (' _1N OPPOSITION Phone: 3i0\- '] [os-- `i'tca. REASON:�Qv e. S j tk,2yf1-s Q1 kM A e }L4 cbricR kzU Stell c m-e SEE MAP ON REVERSE SIDE Property Owner ID: 5 HTE# 15-10000051 Signa Ircqv"-' Case No. 0915-06 City Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 5 474300020130 MOSTAGHASI INVESTMENT TR GEORGE CONTRACTING 8 DEV 8026 Bar le Doc Dr Corpus Christi, TX 78414 5�p Posi- 02 1M ® 14/141 0 14UIN1 $ 00.486 0004287110 SEP11 2015 MAILED FROM ZIP CODE 78412 CGe2 .14, ,' o Jr.COR r FR 400 ‘4,1•fif i.d. 6.11315 rko. /Prejsirld .401 1..Deielopnient SeMces CASE: 0915-06 SUBJECT PROPERTY WITH ZONING Subject Property R11.1 Llu1111amIy 1 R132 Yuwl.rnly 2 1W-2 aluellamly 2 GN PIIN.Felen.l Mica RN -AT Ir.RU.mly AT CN -1 N.IOnO.rn..4Commerelal CR .2 Nellnlr.rn..e Cato., 1.1 CR•1 areal Commercial CR 2 CG 1 CG .2 La coo CR .2 FR BP R,..rICommetclal General Ccerromrcla General Comm.rclaI Inun.rr. Commercial Downtown Commercial R..on Commercl.. Ann Rural NINOeC Ge.11ay lua....a Part 11. LphI Intluehl.l 111 twin Indu.P 41 PUO Planned Yoe ClerTWO, RS.10 lingle•F.mlly 10 R34 Single-Feloy0 RSA.0 11rgU•FamIy eA RS. IF Two -Faintly RSdS RInll.-nmIy 1l RE R..Aemlal Evade R. -TN T.wnnw.. S P Spacial Permit By Recreational Vehicle Pan RIl4 Wnul.Clu..tl None rd3 a4 SUBJECT PROPERTY (LOCATION MAP IF BE rrn.n.tin City of Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta iunta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su Moles timitado favor .de_llamar departamento de servicios de desarrollo al numero 061 } 826-3240 al menos 48 hora rinTat. de la junta para solid# un interprete ser presente durante Ia iunta. j CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-06 LI SEPI "ti DEVELOV 'I-NTI 'ER Jl -.ES SPECIAL SERVICES Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 23, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone can or by letter. Printed Name: 'i' CC-A04A CBSi OS+ snit —rt \ISA-- Address: LJ (act ..JOS\GQ (1 k4- City/State:0 ( ) IN FAVOR ( IN OPPOSITION Phone: 361— 76s-- 4 y a& REASON: $\ct_ V e � i de n --1-k I'1 -Q.)1+ A.V.3 "INS 0 In�-S J 1,o111 RA -Cr ec.$-.. S e D -C 1A - SEE MAP ON REVERSE SIDE Property Owner ID: 7 HTE# 15-10000051 too' Signature Case No. 0915-06 City Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 RS•6 7 474300020190 MOSTAGHASI INVESTMENT T GEORGE CONTRACTING & DEV 8026 Bar le Doc Dr Corpus Christi, TX 78414 FR CG -2 / 2 c pc "oANICCIIOsrs �.�► ® PIINIYII1ISAr1,5 02 1M $ 00.485 0004287110 SEP11 2015 MAILED FROM ZIP CODE 78412 R r-6 0 FR 400 C -2f0peRt aasre Pttla ..oiie opm m \: v.. 7 CASE: 0915-06 SUBJECT PROPERTY WITH ZONING Subject Property R1,51 I& Illlamly 1 R4142 11440140,01 2 RI.W M.Rllarnly 1 O N N01414144.41 011044 RAI -AT 1.14411114inely AT CR 1 N•lphber Mod Canm.reul CN -2 rwghemrh..a Camm.r+lal CR 1 11•4411COMOIRCial CR 2 Re.ort C.mm.tC.IA C5 -t Gene r.1COmm.rcl.1 CO.2 General Commercial Cl Mum ve Commercial CBO Dorms.. cisrumemui CR -0 Asian Commercial FM Farm Rural N Historic Overlay B P Rualne.. Para L Light Mamma' M Meavy Inawtllal PUO Punned onn Dr* Ov.rt.y AS 10 Single Family 10 O 04 51npl.-famly 0 004 S 51npu•F.mlly s RS TF Tro-Fam ry RS 11 Olnpu Family 10 RE R4e,4..CaI E444 ItS-TM t *nhouse SP Spocul P.rmf RV Recreation -el kHIIc1. Par. 0000 Al.nulectur.a Nome /SUBJECT PROPERTY 1ILOCATION MAP; City o Corpus Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta iunta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an inter reterbe_present_du th meeting. Si usted desea dirioirse a la commission durante la junta v su inoles'-fimitado, favor de liar al de i at, mento de servicios de desarrollo al n ' mero� 361 826-3240 al menos 48 hor antes la 3 unta''ara 'dlic t : r un interprete ser presente durante la junta. I-' 1 i Ll SEP 1 "d °Ai.: pfil DEVELOPMENT SERVICES SPECIAL SERVICES CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-06 Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 23, 2015; during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in_person, by telephone call or by letter. Printed Name: riA O5+ CeN IN\ J esA-e \ r Address: ! a ODOIAt j18,P. City/State: ` O /Tuts VVv,` ts4\ ---5-c { ) IN FAVOR { IN OPPOSITION Phone: 3(0E- ) 105- - 4 c REASON: QV e.\s i ok'e SEE MAP ON REVERSE SIDE Property Owner ID: 8 HTE# 15-10000051 tc `-'h -1-v?et GziNA 5Q -LL °Cr k -e-5 Sign Case No. 0915-06 City Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 8 474300020140 MOSTAGHASI INVESTMENT T GEORGE CONTRACTING 8 DE 8026 Bar le Doc Dr Corpus Christi, TX 78414 19 /4.M1 I'1TNI.Y ISow1.5 $ 00.485 0004287110 SEP 11 2015 MAILED FROM ZIP CODE 78412 02 9.4 CASE: 0915-06 SUBJECT PROPERTY WITH ZONING ubjoct Property RIM Yunll.mly r R11.2 YuRll.mly 2 R1a-3 ih111NamIy 1 OH Prohallenal OfAc. km -AT AYllll.miy AT CN t Wllhkmhoed Commrrsl.l C11-2 Nelpnoerneod Comma -lc 4l CR.1 Resort Commerckl CR 3 Retort Commnckl CG 1 Genual [ammonia' CO -2 General Commercial CI Wornlr. Commercial CBD Dowmown Comm. tie 0111-7 Raged Commenl.l FR Perm Rural H Nklork Overlay Bp &.Here. Perk 3. Light mdllsvl.l IH Heavy Indwul., WD Punned Von D. D.nl.y 013.10 01n0k-Family 10 1131 Single-F.Inlly 14310 311yk-Femly e.3 R!•Tr Two-F.m 1y Rid! Single-F.mly 10 RE R.nd.ntl. E.tera RSTH Townhouse 1p Special Penn0 ,19 Recreational Nth Lr w Pare RI.11 V4mIr.CIYl.d Nem. � s SUBJECT PROPERTY cMplde eP Citryps oor Co Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intencion de asistir a esta junta y que requieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si listed desea diriqirse a la commission durante la junta y su ingles+ + Itatlo, favor de Ila departarnento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hora -s de la junta para soliEita un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-06 L U SEP 1 7 2015 I i DEVELOPMENT SER ";CES SPECIAL SERVICES Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 23, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in-person, by telephone call or by letter. Printed Name: ii l V - -Tr Address: 1p City/State: IDC-ivU eAf-i -k- T:7( ( ) IN FAVOR ()44N OPPOSITION Phone: 3(D.\- --7T- 1449a, REASON: 4cto04C^iL�i �- 1 D h Q- T rN \s �j CD eta �ndZ. Q CSI' SEE MAP ON REVERSE SIDE Property Owner ID: 13 HTE# 15-10000051 Signatu Case No. 0915-06 City Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 13 474300040010 MOSTAGHASI INVESTMENT TR GEORGE CONTRACTING 8 DEV 8026 Bar le Doc Dr Corpus Christi, TX 78414 • bir▪ iVe PITNI. Y ION 02 1M $ 00.486 00042871 10 SEP 11 2015 MAILED FROM ZIPCODE 7841 2 CASE: 0915-06 SUBJECT PROPERTY WITH ZONING Subject Property RLI t uunll.mlry I RLI S Wllll.mlly 1 RLI4 Yunnarrllry 1 OH Professional Office Ru AT uuRN.mlit AT 01.3 Reiohnorhoed Commerelal CN -1 Ialpneomood Commercial CR.t Resort Commercial CR 1 Resort Commercial CO r Genera Cow. menu! C04 General Commercial G NMnehe Commercial CBO Downtown Commercial CR -1 Resort Commercial FR Farm Ronal N Htslofk0**Rev BP Business Part L Lloht Industrial n e Heavy In44.I le PUb Panned tine Dee. Greeley RS 10 Staple family IS 334 31npMfamll3 B O 74 3 S1np4•Famlle 4J RS- -F IwaFamlry 111.11 Slrryle Family IS RE R.ud.nt al ratala O 5-TH townhouse IP Special Permit Ru Recreational Y.hip. Pam RUH uemalactur.d Home py r�� • SUBJECT PROPERTY crOCATIoN MAP C e,.P.I0.. s City of Cuf Christi �` Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, .ue tieri n la intencionde asistir a to unta 'ue re+uieren servicios es:seciales se les sulice •ue den aviso 48 hares antes de la junta llamando al departamento de servicios de desarrollo. al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si Listed desea dirigirse a la commission durante la junta y su inqles es limitado, favor de llamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 uantes de la luntapar_ ici r un interprete ser presente durante is iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-06 of lle LI SEP .0 'n15 k JD' DEVELOPME i c,ERV!CES I SPECIAL 3_RVIGES Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 23, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: t' V L DS -k3 i12 S) 'l �1 es+ PA uS Address: SI ast f)0 1 & ,p, City/State: D t" .RAS Iik ts)-; T(. { ) IN FAVOR (Y) -IN OPPOSITION Phone: to 4 — 7 (0S- 4--- aD, REASON: lAc v i �1`� D U1 x.- - — �fl 4e mil _D\\ (L4-ec-+ ll5 'Ss h p,nn,e 5 SEE MAP ON REVERSE SIDE Property Owner ID: 14 HTE# 15-10000051 Signature Case No. 0915-06 City Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 S FR 14 474300020180 MOSTAGHASI INVESTMENT TRla GEORGE CONTRACTING & DEV 8026 Bar le Doc Dr Corpus Christi, TX 78414 z dam. RIM' 02 1M $ OL. -,v" 0004287110 SEP11 2015 MAILED FROM ZIPCODE 7841 2 C 0, - 2 RS -8 RS -6 FR CASE: 0915-06 SUBJECT PROPERTY WITH ZONING EDSubject Property RM.1 WRR.m.y 1 0142 MURR.mlly 2 01.2 UNRRamly S OY P101e..ian.l 011ie. RM.AT MoNR.miy AS CN -1 1141000.0000 Canmelelat CN 2 0010n00rn000 Cemm.rel.l CR -1 Raman Camm.rcNl CR2 knoll COmmncl. CO 1 O.INn Canm.relal C4 2 C.n.ral Comin.reI.I CI Yla.a •e Commarclal CSO Oewntorin CPmm.reial CR -3 Anal Com.lerci.I FR Farm 0.1.1 k 0111orle Overlay 00 0Nalnf.0 Para N. Ligltlnauatrul IN (Navy lnUYnvld MI PIAnn.d UnOO.e Overlay RS 10 111101•F.mly 10 RS4 SIn3Ndamly0 R343 ampl.-Famlly 43 113 TF 1b0•Famly RS IS SIn0l..FemOy 1S RE 0.a 0.0101E41ale RS•TH ibwnhal.. SP Special Permit RV Recrea0onal Ward* Part RIO lNnulaell ..d Name D+FPPDDFFir IF */IF iWllna ay5-Ji#1: ,Lelachnt St'gtllses 4 ri o SUBJECT PROPERTY h N LOCATION MAP p,e WIW. City of Corpus Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta v nue recluieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al Humero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriirse a la commission durante la "unta su in les es limitedo- favor de Hamar al de•artamento de servicios de desarrollo al numero 361 826-3240 al menos - c .r. antes de la 'unta • ij •libitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-06 EV1 !ICES S Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 23, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: M, 1054-Q,9 kqsi iini)Q.54-m ed V 5'` Address: Scireq L,()13,6& le- TVA City/StateCri f S C_.61s 4-1 -15( ( ) IN FAVOR (X IN OPPOSITION Phone: 3M - -7 iloS LI 4./,Dl REASON: ,.) -e, 'es c AeA4ck-t. ,sks A e -X4- -Ay i S -f'07QZ` x•14 1,341.a,V, e *seLi. DS hio,m -es SEE MAP ON REVERSE SIDE Property Owner ID: 15 HTE# 15-10000051 Signature Case No. 0915-06 City Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 15 474300020170 MOSTAGHASI INVESTMENT GEORGE CONTRACTING & DEV 8026 Bar le Doc Dr Corpus Christi, TX 78414 4' 141All T I%DWt% 0 21 M $ 00.486 0004287110 SEP11 2015 MAILED FROM ZIP CODE 78412 CASE: 0915-06 SUBJECT PROPERTY WITH ZONING Subject r roperty RM•I MWIINmwy 1 RU 7 UunINmN 2 11341 Maltdame" 1 011 Plohmslenal OMce RM -AT MnRlramly AT CRI Neloneernoee Commercial CN -2 rragnewneee Cemmere Nl CR.I R.eort Cumm.rcNl CR i Retort Commerclel CGI GeneralCmmmerclel CO.2 Gneral Cam merclaI CI IntaneI . Commercial CBD Downtown Commerce. CR -1 Resort Cemm.rcI.l FR Fenn Rural R RalaIR O.attal, BP Solemn. Part IL Light lAdusa1 I 101 Orem, InCumNl PUD PNnn.e Una Dor oe.ray R1 IO 11IniN.F.mlTF 10 R34 iingNfarllly11 R343 11lnpN•F.mly41 113 TF Twolremly rls 1S Illnole.Famiy 1S RE R.Pd.nhNl E.LN 11541i T ernhouee IW ip.Clal Aimed RV RecreahonalVehlcN Part RMN Manure cooed Nem• ram yrs , SUBJECT PROPERTY ti iPC TION MAP Cityyp or or Chrlsu Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intention de asistir a esta junta y clue requieren servicios especiales, seles suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al nirmero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the i meeting. Si usted desea dirigirse a la commission durante la junta y su inqjes es l mitado. favor de Hamar al departamento de servicias de desarrollo al nurnero (361 ) 826-3240 al_menos 48 horas_aritWde la_junta para solicit un interprete ser presence durante la junta. : ; ) CITY PLANNING COMMISSION SEP 7 2015 JS PUBLIC HEARING NOTICE i DEVELOPMENT SERVICE Rezoning Case No. 0915-06 SPECIAL SERVICES Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 23, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: KDSA-Ct YRS( I \ 0 e5+)Vt \ it5+- Address:5 g a9 (..J3063,& & CityIState:G.'i ( ) IN FAVOR (.)IN OPPOSITION Phone: 3 (Q.\ - 7(F - £M43 a REASON: .4Q\3 '51 O/421� �i L �I `�43?„-,s '7d'p11 w i 11 q rC-C ell DS- h Dlme,5 SEE MAP ON REVERSE SIDE Property Owner ID: 16 HTE# 15-10000051 Signature Case No, 0915-06 City Contact: Bob Payne Ti City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 16 474300020160 MOSTAGHASI INVESTMENT T GEORGE CONTRACTING & DEV 8026 Bar le Doc Dr Corpus Christi, TX 78414 .kP P°6)- Ez4 (14,71t. ® IBTNII.V BOWLS 02 1M $ 00.486 000 4287110 SEP 11 2015 MAILED FROM ZIP CODE 78412 CASE: 0915-06 SUBJECT PROPERTY WITH ZONING Subject Property Ru•1 Yulel.mly 1 RY.3 uemeamly 2 111-7 YuRRamly 3 ON Prelnaiana:OMc. RYTAT IWRllamly AT CM 1 Neighborhood Commercial CM T Neignuerwood Commercial CR 1 Resort Commercial CR I CO1 CO -7 CI CBO 011-3 FR RP Resort Commercial G emmel Commercial General Commercial hmtanalr. Commercial Downtown Commercial Komori Commercial km Ran I1I11.I1C Or1rla, B ushmen park R. Light Industrial RI Keary Industrie PO0 Planned One D.. ar.rhmy RS 10 SInpI. Famly 10 R34 SinglfamM, 11545 Srn01a-F.mlry 4.1 RS TT Tow Venlig RS 11 Single-P.mly 11 RE Resid.ntla l F.bia RS•TH Townhouse SP Special Perms RV RecnatYOal venal. Park RYM Yanubcturew Mome SUBJECT AaL PROPERTY [LOCATION MAP; ctir CityCoof Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an in erpreter be present duri tae meeting. Si usted desea diriqirse a Ia commission durante la junta y su irides trrr+tado, favor de Ilam de artamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Ia junta para spI titan un interprete ser presente durante la junta. L I CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0915-06 SEP I'I 2 DEVELOPMENT SERVICES SPECIAL SERVICES Point Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CG -2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 10 -acre tract of land out of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Airline Road and Rodd Field Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 23, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or Inperson, by telephone call or by letter. Printed Name: in DSht t/\ %, 1 5 YYt Q " \ f` VLSt. Address: 51 a�, i.� en)Ilt { ) IN FAVOR (jN OPPOSITION Phone: (0 (" 1)45'S� a , City/State: D REASON: 2.5 10A-5 -k 5 Troy-Q,tt-t63_AGQ v)ii\ Q&S-cp2)- cfka 5e\k M•e.,5 SEE MAP ON REVERSE SIDE Property Owner ID: 22 HTE# 15-10000051 Signatu t Case No. 0915-06 City Contact: Bob Payne City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 4 22 474300020120 MOSTAGHAS1 INVESTMENT T GEORGE CONTRACTING & DEV 8026 Bar le Doc Dr Corpus Christi, TX 78414 •7( FR CG.2 SPP '-- ' _'°►e PI1N1'Y Iil24YL5 02 1M $ 00.485 0004287110 SEP11 2015 MAILED FROM ZfPCODE 7841 2 RS -6 I R S . 6 FR I !C CASE: 0915-06 SUBJECT PROPERTY WITH ZONING Subject Property Ru -1 f0lllllalnlly 1 001.2 4WRN.rnlly 2 011.2 41uNd.mlly1 014 Pror...Iom IOlrlce IW.AT 4161I0.mlly AT CN 1 Neighborhood Comm ereml CN? NelOnbarnaod Commercial CR t Resort Commercial CR CGI [G3 CI EBO CR.2 FR N BP noon Commercial General Commercial Genera Commercial Maim re Commercial Dammam, commercial nomad Commercial Fenn Rum Rlaorlc Overlay ilualm.e Park N. Light lneu.o-yl N Neely Industrial PITO PI.nmd one De. 0+w41y RS -10 Single Family 10 Asa 11I664-F.mIIy S R5.45 13Jrgle•Ferelly..5 RS vF 4esFaml5 R5•111 SI,SI.-Famly IS RE Re..drldal E.hy 315.TN Townhouse 56 Special Parma Ry Rscrea5enallithicle Pak 1013 LYnulaelured None 'barc d _Y^� / 'Pelpleme o�+wwRyse r rropyajenr S succi LC 013 Lu 4 Y 104. SUBJECT PROPERTY '.LTION MAP Crew WO.. e1 City of Ch�ti Aerial Overview Aerial AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 20, 2015 Second Reading Ordinance for the City Council Meeting of October 27, 2015 DATE: October 22, 2015 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a grant from the Coastal Bend Regional Advisory Council in the amount of $2,978.14 to support the Emergency Medical Service (EMS) operation. CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,978.14; and appropriating $2,978.14 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. PURPOSE: The Coastal Bend Regional Advisory Council on Trauma (RAC) has forwarded to the City a check as a grant in the amount of $2,978.14. This is a direct grant for the benefit of the City's Emergency Medical Service (EMS) operations. No application was required. The EMS Division will purchase ten Pet CPR Masks, six Bike Medic Radio Headsets and six Bike Medic uniform shorts and shirts. This is the fifteenth year the Coastal Bend Regional Advisory Council has distributed similar grants. These funds originated from the Texas Department of State Health Services and are routed to the Coastal Regional Advisory Council for distribution. Every Emergency Medical Services agency within the twelve county Coastal Bend who is actively participating in the RAC is eligible to receive a portion of these monies. The amount of funding to be received by each agency is based on the number of trauma emergencies the agency responds to on an annual basis. ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Financial Services Office of Management and Budget FINANCIAL IMPACT: Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $2,978.14 $2,978.14 BALANCE $2,978.14 $2,978.14 Fund(s): 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 $2,978.14. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,978.14; and appropriating $2,978.14 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,978.14 to be used for the purchase of supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. SECTION 2. That $2,978.14 is appropriated in the No. 1056 Ambulance Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 20, 2015 Second Reading Ordinance for the City Council Meeting of October 27, 2015 DATE: September 29, 2015 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a check from Exxon Mobil Corporation in the amount of $1,500.00 as a grant to support the Corpus Christi Fire Department. CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from Exxon Mobil Corporation in the amount of $1,500 for Exxon Mobil's "Good Neighbor Program"; and appropriating $1,500 from Exxon Mobil Corporation into the No .1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies that will directly benefit firefighters. PURPOSE: Each year Exxon Mobil Corporation gives out grants through its "Good Neighbor Program" to public safety agencies in their community to show its appreciation. This year it has awarded the Corpus Christi Fire Department $1,500.00 to be used specifically to purchase any equipment and/or supplies what will directly benefit firefighters. With this intent the Fire Department will purchase "High Angle Rope Rescue Equipment". The grant was unsolicited. ALTERNATIVES: If we don't accept the donation, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate donation funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $1,500.00 $1,500.00 BALANCE $1,500.00 $1,500.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the donation and appropriate the funds in the amount of $1,500.00. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the City Manager or designee to accept a grant from Exxon Mobil Corporation in the amount of $1,500 for Exxon Mobil's "Good Neighbor Program"; and appropriating $1,500 from Exxon Mobil Corporation into the No .1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies that will directly benefit firefighters. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a donation from Exxon Mobil Corporation in the amount of $1,500 for Exxon Mobil's "Good Neighbor Program". SECTION 2. That $1,500 is appropriated in the No. 1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies that will directly benefit firefighters. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 20, 2015 Second Reading Ordinance for the City Council Meeting of October 27, 2015 DATE: 9/18/2015 TO: Ronald L. Olson, City Manager FROM: Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com (361)826-3464 Retired Senior Volunteer Program (RSVP) grant award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $3,000 grant from the Corporation for National and Community Service the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. PURPOSE: Appropriation of grant funding to allow for the continuation of the Retired Senior Volunteer Program (RSVP). BACKGROUND AND FINDINGS: The City receives grant funding for the Retired Senior Volunteer Program (RSVP) through Federal, State and local grants, along with matching funds that must be appropriated each year. This amount of $3,000.00, is additional Federal funding for the three year contract. The Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During the previous grant period (7/1/2014-6/30/2015) and fiscal year 2014-2015, 300 enrolled volunteers contributed 47,000 hours through 40+ different non-profit organizations such as: CASA, The Food Bank of Corpus Christi, KEDT TV, the VA Clinic, and other community based organizations like Mission of Mercy, Corpus Christi Medical Center, USS Lexington, and AARP Chapters, to name a few. ALTERNATIVES: Reject the grant award and discontinue the RSVP Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate local grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item (transfer) This item (grant) $3,000.00 $3,000.00 BALANCE $3,000.00 $3,000.00 Fund(s): Parks and Recreation Grant Fund Comments: Federal Grant for FY16 RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and Community Services for the continuation of the Retired Senior Volunteer Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Grant Award Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $3,000 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a $3,000 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor For Official Use Only Philadelphia, PA 19106-3323 601 Walnut Street, Suite 876 E 5 Retired aff1h1lnyc41t 14SRWTX004 Agreerrent No.: 1201 Leopard St PO Box 9277 Corpus Christi TX 78401 2120 069457'11 NS: Award Information Award Descripti 94.002 the FY 2015 budget. CFDA No.: Grant Year: • . . I' .. .. .. a- - • . . 2 . .. . M. -0 . 040d ■ . . 0. 10 ■ - ■ Authorize additional FY2015 funds to support your organization's capacity to participate in training and technical assistance Purpose $3,000 $45,434 Community Service Act of 1990, as amended (42 U.S.C. § 12501 et seq.). The purpose of this award is to assist the?anis carrying out a national service program as authorized by the National and This Award/ Total Obligated by CNCS FundingInformation AwardedThisYear Previously Year 2 Balance (Carryover) Grantee's Unobligated $o Year Total Current So $48,414 TOtilAANtilftWed in Previous Amendments $3,000 $ 3,684 $48,434 Cumulative Funding for Project Period Total CNCS Funds Awarded to Date $96,368 2015 --OPE 1 -P74 -OPO -22413-4101 $3,000.00 Funding Source and Amount found at https://egrants.cnsgov/terrnsandconditions/GeneralTerrnsandConditions70150403 pdf, and the Program Terms and Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions Page 1 For Official Use Only For Official Use Only Retired and Senior Volunteer Program 74600514 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 supporting documents, and all other representations rrede in support of the approved grant application. and guidelines. Recipient agrees to adrrinister the grant in accordance with the approved grant application, budgets, agrees to corrply with as-llranresand c.ertificationsmade il_tthffgrantapplication,_and applicableIed Conditions found at https://egrants.cns.gov/termsandconditions/RSVPSpecificTerms&Conditions20150114.pdf. Recipient also -. .1 . 08/17/2015 Signature Award Date Senior Grants Officer Lennette B. White, 215-964-6309 Grants Officer Benjamin Alamprese, 512-391-2944 Program Officer Page 2 For Official Use Only Corporation for National and Community Service: City of Corpus Christi Legal Applicant Proiect Director Becky Perrin Certifying Official/Executive Officer AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 20, 2015 Second Reading Ordinance for the City Council Meeting of October 27, 2015 DATE: TO: September 29, 2015 Ronald L. Olson, City Manager THRU: Margie Rose, Deputy City Manager MargieR@cctexas.com 361.826.3220 Annette Rodriguez, Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the Infectious Disease Control Unit/FLU-LAB grant in the amount of $10,000, and appropriation of the funds for the contract period September 1, 2015 through August 31, 2017; and ratifying acceptance of the grant agreement to begin September 1, 2015. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/FLU- LAB grant in the amount of $10,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide flu testing for the contract period September 1, 2015, through August 31, 2017; and ratifying acceptance of the grant agreement to begin September 1, 2015. PURPOSE: To provide funding for the Health Department to identify and recruit submitters of clinical specimens through discussions and mutual agreement with local health and medical providers and facilities in the Health Department's service area of Corpus Christi and Nueces County. BACKGROUND AND FINDINGS: Acceptance of this grant will require the Health Department to perform the following activities in the assigned service area of the grant contract: • identify and recruit submitters of clinical specimens through discussions and a mutual agreement with local health departments in the Contractor's service area; • receive clinical specimens Monday through Friday from designated submitters within the Contractor's service area; • test up to two hundred (200) clinical specimens meeting the Clinical Laboratory Improvement Act (CLIA'88) specifications from September 1, 2015 to August 31, 2016; • test up to two hundred (200) clinical specimens meeting the Clinical Laboratory Improvement Act (CLIA'88) specifications from September 1, 2016 to August 31, 2017; • perform on each specimen, the Centers for Disease Control and Prevention (CDC) Real Time (RT) Polymerase Chain Reaction Method (PCR) for typing of influenza viruses; • retain positive influenza specimens through the end of the Contract term; • when directed by the Influenza Surveillance Coordinator within the DSHS Emerging and Acute Infectious Disease Branch (EAIDB), appropriately submit the requested number of positive specimens to the Laboratory Services Section, Texas Department of State Health Services, Austin, Texas or to another specified contracted laboratory; • comply with DSHS EAIDB program established influenza surveillance protocol; and • comply with Health and Safety Code Chapter §81.046. ALTERNATIVES: Refuse the grant and not provide the services required under the grant. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: mr; Operating Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $10,000 $10,000 BALANCE $10,000 $10,000 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract to begin September 1, 2015. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Contract No. 2016-001102-00 Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/FLU-LAB grant in the amount of $10,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide flu testing for the contract period September 1, 2015, through August 31, 2017; and ratifying acceptance of the grant agreement to begin September 1, 2015. 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 and appropriate a total grant amount of $10,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of September 1, 2015 through August 31, 2017, to provide flu testing. Section 2: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 3: Further the City Council ratifies acceptance of the grant to begin as of September 1, 2015. A copy of the executed grants 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 , 2015, by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor DEPARTMENT OF STATE HEALTH SERVICES CONTRACT 2016-001102-00 This 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 Public Health District (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $10,000.00. 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 09/01/2015 and ends on 08/31/2017. DSHS has the option, in its sole discretion, to renew the Contract. 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: As applicable, DSHS enters into this Contract under the authority of Texas Health and Safety Code Chapter 12 or 1001 or Texas Government Code Chapters 531, 771, 791 or 2155. 6. Program Name: IDCU/FLU-LAB Infectious Disease Control Unit/FLU-LAB Page 1 of 10 7. Statement of Work: Contractor will identify and recruit submitters of clinical specimens through discussions and a mutual agreement with local health departments in the Contractor's service area. Contractor may contact flutexas@dshs.state.tx.us for guidance on appropriate submitters. Contractor will perform the activities required under this Program Attachment in the Service Area designated in the most recent version of Section 8, "Service Area" of this contract. Contractor will: • identify and recruit submitters of clinical specimens through discussions and a mutual agreement with local health departments in the Contractor's service area; • receive clinical specimens Monday through Friday from designated submitters within the Contractor's service area; • test up to two hundred (200) clinical specimens meeting the Clinical Laboratory Improvement Act (CLIA'88) specifications from September 1, 2015 to August 31, 2016; • test up to two hundred (200) clinical specimens meeting the Clinical Laboratory Improvement Act (CLIA'88) specifications from September 1, 2016 to August 31, 2017; • perform on each specimen, the Centers for Disease Control and Prevention (CDC) Real Time (RT) Polymerase Chain Reaction Method (PCR) for typing of influenza viruses; • retain positive influenza specimens through the end of the Contract term; • when directed by the influenza Surveillance Coordinator within the DSHS Emerging and Acute Infectious Disease Branch (EAIDB), appropriately submit the requested number of positive specimens to the Laboratory Services Section, Texas Department of State Health Services, Austin, Texas or to another specified contracted laboratory; • comply with DSHS EAIDB program established influenza surveillance protocol; and • comply with Health and Safety Code Chapter §81.046 located at http://www.statutes.legis.state.tx.us/DocsIHSlhtmIHS.81.htm. DSHS shall ensure Contractor receives a copy of the current influenza surveillance protocol, no later than the week ending October 10, 2015 (Morbidity and Mortality Weekly Report (MMWR) week 40). DSHS shall ensure Contractor receives a copy of the current influenza surveillance protocol, no later than the week ending October 8, 2016 (Morbidity and Mortality Weekly Report (MMWR) week 40) for the 2nd year of the contract from September 1, 2016 to August 31, 2017. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of unanticipated financial shortfalls. DSHS Program will monitor Contractor's expenditures on a quarterly basis. If expenditures are below that projected in Contractor's Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Renewal Program Attachment term. Vacant positions existing after ninety (90) days may result in a decrease in funds. PERFORMANCE MEASURES: The following performance measure will be used to assess in part Contractor's effectiveness in providing the services described in this Contract without waiving the enforceability of any of the other terms of the Contract. Page 2 of 10 Contractor will: 1. Ensure that at least one (1) healthcare provider, clinic, or hospital submits influenza surveillance specimens to the Contractor; 2. Provide and submit a list of providers or facilities that routinely submit specimens to the Contractor on or before December 1, 2015, by electronic mail to EAIDB@dshs.state.tx.us and flutexas@dshs.state.tx.us; 3. Provide and submit a list of providers or facilities that routinely submit specimens to the Contractor on or before December 1, 2016, by electronic mail to EAIDB@dshs.state.tx.us and flutexas@dshs.state.tx.us for the 2nd year of the contract from September 1, 2016 to August 31, 2017; 4. Perform testing weekly unless no samples were received that week; 5. When requested, send samples of all specimens testing positive for influenza to the Laboratory Services Section, Department of State Health Services (DSHS), Austin, Texas or other designated laboratory within ten (10) business days of request; and 6. Provide and submit written weekly reports on the RT -PCR influenza testing results, in the format provided by DSHS, each Monday, or if a holiday, the next business day beginning September 7, 2015 and continuing through the end of the Contract term. Reports should be sent by electronic mail to EAIDB@dshs.state.tx.us and flutexas@dshs.state.tx.us. Compliant reporting is required prior to DSHS approval for payment. a. Compliant Contractors submit weekly RT -PCR influenza testing result reports according to the format specified by DSHS and the due dates specified in the Programmatic Reporting Requirements. b. Non-compliant Contractors submit less than 80% of the weekly RT -PCR influenza testing reports according to the format specified by DSHS and the due dates specified in the Programmatic Reporting Requirements. See Programmatic Reporting Requirements section for required reports, time periods and due dates. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the addresses/number below. Claims Processing Unit, MC 1940 Department of State Health Services 1100 West 49th Street PO Box 149347 Austin, Texas 78714-9347 The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the Claims Processing Unit is (512) 776-7442. The email address is invoices@dshs.state.tx.us. Contractor agrees to read DSHS Contractor Financial Procedures Manual (CFPM) and work with DSHS staff regarding the management of funds received under this Contract. Link for CFPM manual: http://www.dshs.state.tx.us/contracts/cfpm.shtm. Page 3 of 10 8. Service Area Nueces County Page 4 of 10 This section intentionally left blank. Page 5 of 10 10. Procurement method: Non-Competitive Interagency/Interlocal GST-2012-Solicitation-00038 DSHS GOLIVE IDCU FLU LAB PROPOSAL 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 08/31/2017 12. Payment Method: Cost Reimbursement 13. Source of Funds: STATE 14. DUNS Number: 069457786 Page 6 of 10 15. Programmatic Reporting Requirements: Report Name Frequency Period Begin Period End Due Date Providers Report Nonrecurring 09/01/2015 12/01/2015 12/01/2015 Weekly Report Weekly Monday Friday Following Monday Financial Status Quarterly 09/01/2015 11/30/2015 12/31/2015 Report Financial Status Quarterly 12/01/2015 02/2912016 03/31/2016 Report Financial Status Quarterly 03/01/2016 05/31/2016 06/30/2016 Report Financial Status Quarterly 06/01/2016 08/31/2016 09/30/2016 Report Providers Report Nonrecurring 09/01/2016 12/01/2016 12/01/2016 Financial Status Quarterly 09/01/2016 11/30/2016 12/31/2016 Report Financial Status Quarterly 12/01/2016 02/28/2017 03/31/2017 Report Financial Status Quarterly 03/0112017 05/31/2017 06/30/2017 Report Financial Status Quarterly 06/01/2017 08/31/2017 10/15/2017 Report Submission Instructions: Performance Measure Reports should be sent by electronic mail to EAIDB@dshs.state.tx.us and flutexas@dshs.state.tx.us. Financial Status Reports can be faxed to the Claims Processing Unit at (512) 776-7442 or to the email address at invoices@dshs.state.tx.us. Page 7 of 10 16. Special Provisions General Provisions, Article V. Payment Methods and Restrictions, Section 5.02 Invoice/Billing Submission, is revised to include the following: DSHS will reimburse Contractor upon submission of a State of Texas Purchase Voucher and DSHS acceptance of the required activities as indicated in the Performance Measures. General Provisions. ARTICLE XIV. GENERAL TERMS, Section 14.12 Amendment, is amended to include the following: Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this Program Attachment. Page 8 of 10 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2016-001102-00 b. General Provisions Subrecipient General Provisions c. Attachments Budget d. Declarations Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification e. 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. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. 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 Vendor Identification Number: 17460005741 20. 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 mailer of this Contract, other than as set forth in this Contract. I certify that I am authorized to sign this document and I have read and agree to all parts of the contract, Department of State Health Services Corpus Christi Public Health District By: Janna Zumbrun Signature of Authorized Official 07/2112015 Date By: Signature of Authorized Official Date Janna Zumbrun Assistant Commissioner Name and Title Health 1100 West 49th Street Name and Title Address Austin, TX 78756-4204 City, State, Zip (512) 776-7825 Telephone Number janna.zumbrun@dshs.state.tx.us E-mail Address Address City. State Zin Telephone Number E-mail Address A roved as • 6/6d18947' P to form -lea .40 Fore. As ant City Attorney .itv Atfnrnau Page 9 of 10 Organization Name: Contract Number: Budget Categories Budget Summary Corpus Christi Public Health District 2016-001102-00 Program ID: IDCU/FLU-LAB Budget Categories Personnel Fringe Benefits Travel Equipment Supplies Contractual Other Total Direct Costs Indirect Costs DSHS Funds Requested $0.00 $0.00 $0.00 $0.00 $10,000.00 $0.00 $0.00 $10,000.00 $0.00 Totals $10,000.00 Cash Match $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 In Kind Match Contributions $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Category Total $0.00 $0.00 $0.00 $0.00 $10,000.00 $0.00 $0.00 $10,000.00 $0.00 $10,000.00 Page 10of10 TEXAS DEPARTMENT OF STATE HEALTH SERVICES CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or a ill be paid, by o r on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit, an officer or employee of congress, or an employee of a member of congress in connection with this Standard Form -11, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, II,S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less that S10.000 and not more than 5100,000 for each such failure. Signature Date Print Name of Authorized Individual Application or Contract Number Organization Name CSCU # EF29-12374 - Revised 212006 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that It will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements ft cannot certify and why. Legal Name of Contractor: Corpus Christi Nueces County Public Health District FFATA Contact # 1 Name, Email and Phone Number: Constance Sanchez Constancep@cctexas.com 361-826-3227 Primary Address of Contractor: 1702 Horne Road Corpus Christi, Texas 78416 FFATA Contact #2 Name, Email and Phone Number: Blandina Costley Blandinac@cctexas.com 361-826-7252 ZIP Code: 9 -digits Required www.usps.com DUNS Number: 9 -digits Required www.sam.gov 016 9 41517171816 State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits 1 7 4 6 0 0 0 5 `7 14 1 0 2 7 1 Printed Canstance Name of Authorized Representative P. Sanchez Signature of Authorized Representative U"""`^.&• N e4,yL 7 -- Title of Authorized Representative Director of Finance for City of Corpus Christi Date 07-10-15 Department of Slate Health Services Farm 4734 — June 2013 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes 121 No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes tNo If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? D Yes ❑ No If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John BIum:500000;MaryRedd:50000;Er.' Gani:40000r7;Todd Platt:300000; Sally Tom:300000 Provide compensation information here: 2 - Department of State Health Services Form 4734 — June 2013 ARTICLE 1 SECTION 1.01 SECTION 1.02 ARTICLE 11 SECTION 2.01 SECTION 2.02 SECTION 2.03 SECTION 2.04 SECTION 2.05 SECTION 2.06 SECTION 2.07 SECTION 2.08 SECTION 2.09 SECTION 2.10 SECTION 2.11 SECTION 2.12 ARTICLE 111 SECTION 3.01 SECTION 3.02 SECTION 3.03 SECTION 3.04 SECTION 3.05 ARTICLE IV SEcrio' 4.01 SECTION 4.02 ARTICLE V SECTION 5.01 SECTION 5.02 SEcrIoN 5.03 SECTION 5.04 ARTICLE VI SECTION 6.01 SECTION 6.02 SECTION 6.03 ARTICLE VII SECTION 7.01 SECTION 7.02 SECTION 7.03 SECTION 7.04 SECTION 7.05 Fiscal Year 2016 Department of State Health Services Contract General Provisions CONTRACT COMPONENTS 4 CONTRACT COMPONENTS 4 ORDER OF PRECEDENCE 4 COMPLIANCE AND REPORTING 4 COMPLIANCE 4 PRECEDENCE OF CONTRACT TERMS 4 EFFECT OF LEGISL ►TI\ E CHANGES 4 COIrL1ANCE ►SITII REQUIREMENTS OF SOLICITATION DOCI SIENT 4 REPORTING 4 APPLICABLE CONTRACTS LAVA AND VENT E FOR DISPLTES 4 STATUTES AND STANDARDS OF GENERAL APPLICABILITY 4 APPLIC ►BILITl OF GENERAL PROVISIONS TO INTERAGENCY AND INTERLOCAL CONTRACTS 6 CIVIL RIGIITS POLICY AND COMPLAINTS 7 LICENSES, CERTIFICATIONS, PERMITS, REGISTRATIONS AND APPROVALS 7 FUNDING OBLIGATION 7 WHISTLEBLOWER ACT PROTECTION 7 SERVICES 7 EDLCATION TO PERSONS IN RESIDENTIAL FACILITIES 7 DISASTER SERV ICES 8 CONSENT TO MEDICAL CARE OF A MINOR 8 TELEMEDICINErTELEPSTCInATRT M EDICAI SERVICES 8 SER►1[ ES AND INFORMATION FOR PERSONS ►►IT13 LIMITED ENGLISH PROFICIENCY 9 FUNDING 9 DEBT TO STATE AND CORPORATE STATUS 9 APPLICATION OF PAT \LENT Di E 9 PAN NI ENT METHODS AND RESTRICTIONS 9 PAN NI ENT METHODS 9 INYOIC EIBILLING SUBMISSION 9 FINAL INVOICE/BILLING St OMISSION 10 THIRD PARTY PAYORS 10 TERMS AND CONDITIONS OF PAYMENT 10 PROMPT PAT HENT 10 PAYMENT BY DEPARTMENT 10 WITHHOLDING PAT MENTS 11 CONFIDENTIALITY 11 h1 %INTENANCE OF CONFIDENTIALITY 11 DEPARTMENT ACCESS TO PHI AND OTIIER CONFIDENTIAL INFORMATION 11 EXCHANGE OF CLIENT -IDENTIFYING INFORMATION 11 SECURITY OF PATIENT OR CLIENT RECORDS 11 HIV?AIDS MODEL WORKPLACE GUIDELINES 12 General Provisions (September 1, 2015) - Applicable to Local Health Departments Only 1 ARTICLE V111 SECTION 8.01 ARTICLE IX SECTION 9.01 ARTICLE X SECTIoN 10.01 SECTION 10.02 SECTION 10.03 ARTICLE XI SECTION 11.01 SECTION 11.02 SECTION 11.03 SECTION 11.04 SECTION 11.05 SECTION 11.06 SECTION 11.07 SECTION 11.08 SECTION 11.09 ARTICLE XII SECTION 12.01 Sec -nos 12.02 SEcrIoN 12.03 SECTION 12.04 SECTION 12.05 SECTION 12.06 ARTICLE X117 SECTION 13.01 SECTION 13.02 SECTION 13.03 SECTION 13.04 SECTIO` 13.05 SECTION 13.06 SECTION 13.07 SECTION 13.08 SECTION 13.09 ARTICLE XIV SECTION 14.01 SECTION 14.02 SECTION 14.03 SECTION 14.04 SECTION 14.05 SECTION 14.06 SECTION 14.07 SECTION 14.08 SECTION 14.09 SECTION 14.10 PUBLIC INFORMATION ACT 12 TEXAS PI BLIU INFORNIATION ACT 12 RECORDS RETENTION 12 RETENTION 12 ACCESS, INSPECTION AND AUDIT OF RECORDS 12 ACCESS AND INSPECTION 13 STATE AU'DITOR'S OFFICE 13 RESPONDING TO DEFICIENCIES 13 REPORTING REQUIREMENTS 13 CHILD ABUSE REPORTING REQUIREMENT 13 SIGNIFICANT IN.! IDENTS 14 LITIGATION 14 CONTRACT OR LICENSE ACTION AGAINST THE CONTRACTOR 14 INSOLVENCY 14 PERFORMANCE MALFEASANCE 14 CRINIINALACTII'ITY AND DISCIPLINARY ACTION 15 RETALIATION PROHIBITED 15 Docl NI ENTATION 15 ASSURANCES AND CERTIFICATIONS 15 CERTIFICATION 15 CHILD SUPPORT DELINQI ENC YES 16 At TUORI7 ►TION 16 GIFTS AND BENEFITS PROHIBITED 16 INELIGIBILITY TO RECEIVE THE CONTRACT 16 ANTITRL ST 17 GENERAL BUSINESS OPERATIONS OF CONTRACTOR 17 PROGRAM SITE 17 HISTORICALLY UNDERUTILIZED IlLSINESSES(11UBs) 17 But TEXAS 17 STATUS OF SUBCONTRACTORS 17 INDEPENDENTCONTRACTOR 18 TAX LIABILITY 18 NOTICE OF ORGANIZATIONAL CHANGE 18 NO ENDORSEMENT 18 E -VERIFY SYSTEM 18 GENERALTERMS 18 ASSIGNMENT 18 LOBB% ING 19 CONFLICT OF INTEREST 19 TRANSACTIONS BETA%EE'\ RELATED PARTIES 20 IITELLECTL AL PROPERTY 20 OTHER INTANGIBLE PROPERTY21 Si► ERABILITY AND AMBIGL ITV' 21 LEGAL NOTICE 21 St CCESSORS 21 SUM INABILITY OF TERMS 21 General Provisions (September 1, 2015) - Applicable to Local Health Departments Only 2 SECTION 14.11 SECTION 14.12 SECTION 14.13 SECTION 14.14 SECTION 14.15 SECTION 14.16 SECTION 14.17 SECTION 14.18 SECTION 14.19 SECTION 14.20 SECTION 14.21 SEcT10N 14.22 ARTICLE XV SECTION 15.01 SECTION 15.02 SECTION 15.03 SECTION 15.04 ARTICLE XVI SECTION 16.01 SECTION 16.02 SECTION 16.03 ARTICLE XVII SECTION 17.01 SECTION 17.02 SECTION 17.03 SECTION 17.04 SECTION 17.05 SECTION 17.06 ARTICLE XVIII SEcnoN 18.01 SECTION 18.02 SEcrION 18.03 ARTICLE XIX SECTION 19.01 SECTION 19.02 SECTION 19.03 SECrioN 19.04 SECTION 19.05 CUSTOMER SER► ICE INFORMATION 21 AMIENDMENT 21 CONTRACTOR'S NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEl PERSONNEL 21 UNILATERAL AMENDMENT 21 INTERIM EXTENSION AMENDMENT 22 IMMUNITY NOT WAIVED 22 HOLD HARMLESS AND INDEMNIFICATION 22 WAIVER 22 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY AND SECURITY STAND ►RDS 22 FORCE MAJEURE 24 COOPERATION AND COMMUNIrATION 24 INSURANCE 24 BREACH OF CONTRACT AND REMEDIES FOR NON-CO3IPLIANCE 25 ACTIONS CONSTITUTING BREACH OF CONTRACT 25 GENERAL REMEDIES AND SANCTIONS 25 NOTICE OF REMEDIES OR SANCTIONS 26 EMERGENCY ACTION 26 CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE 27 BRE %CII OF CONTRA[ T CLAIM 27 NOTICE 27 PERFORMANCENOT St WENDED 27 TERMINATION AND TEMPORARY SUSPENSION 27 EXPIRATION OF CONTRA( T OR PROGRAM ATTR( II\IENTS 27 EFFECT OF TERMINATION OR EXPIRATION 27 TERMINATION OR TEMPORARY SUSPENSION WITHO! T CAUSE 27 IMIIEDIATETERMINATION 28 TERMINATION FOR CAL SE 28 NOTICE OFTER,NII\;►TION 28 VOID, SUSPENDED AND TERMINATED CONTRACTS ... 28 VOID CONTRACTS 28 EFFECT OF VOID, SI'SPENDED, OR I\\ OLl NT:►RILYTERSIINATED CONTRACT 28 APPEALS RIGIITS FOR DSHS FUNDED BLO{'F: GRANTS 28 CLOSEOUT 28 CESSATION OF SERV IC ES AT CLOSEOUT 28 ADM INISTRATI% E OFFSET 29 DEADLINE FOR CLOSEOL I 29 P:11 MEN"r OF REF! NDS 29 DISALLO►YANCESAND ADA STMENTS 29 General Provisions (September 1, 2015) - Applicable to Local Health Departments Only 3 ARTICLE I CONTRACT COMPONENTS Section 1.01 Contract Components. As used in herein, the "Contract' consists of the following documents: a. The Contract, including any applicable Program Attachment(s); The Department of State Health Services Fiscal Year 2016 General Provisions (General Provisions) and if applicable; c. The solicitation document, if applicable; and d. The response, proposal or application submitted by Contractor in response to the solicitation document, if applicable. Section 1.02 Order of Precedence. To the extent that there is any conflict between the terms of any contract component document, the conflict shall be resolved in the above order of priority in Section 1.01. ARTICLE II COMPLIANCE AND REPORTING Section 2.01 Compliance. Contractor shall comply and require its subcontractor(s) to comply with the requirements of these general provisions and all other applicable state and federal statutes, regulations, rules and executive orders, as such statutes, regulations, rules and executive orders including as such statutes, regulations, rules and executive orders may be amended. Section 2.02 Precedence of Contract Terms. To the extent this Contract imposes a higher standard or additional requirements beyond those required by applicable statutes, regulations, rules or executive orders, the terms of this Contract shall take precedence and control. Section 2.03 Effect of Legislative Changes. Contractor agrees that upon notification from Department of State Health Services (DSHS or Department) Contractor shall comply with any changes to the term of the contract include in its contracts that are a result of legislation during the term of this Contract. Section 2.04 Compliance with Requirements of Solicitation Document. If applicable and except as specified in these General Provisions or the Contract's terms, the Contractor shall comply with the requirements, eligibility conditions, assurances, certifications and program requirements of the Solicitation Document for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon Contractor's response to the Solicitation Document The Parties agree that any misrepresentation contained in Contractor's response to the Solicitation Document constitutes a breach of this Contract and may result in termination. Section 2.05 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and provided for in the Contract and in these General Provisions. Except as otherwise provided for in this Contract or General Provisions, the Contractor shall submit reports to the assigned contract manager. Contractor shall also provide any other information requested by the Department in the format required by DSHS. Failure to submit any required report or additional requested information by the due date specified in the contract or upon request may constitute a breach of contract, result in delayed payment and: or the imposition of sanctions and remedies. And failure to comply with a reporting requirement may adversely affect evaluation of Contractor's ability to contract in the future with the Department. Section 2.06 Applicable Contracts Law and Venue for Disputes. Except as provided for in Article XV, all issues related to this contract, including formation, performance and interpretation that may arise in any dispute between the Parties, shall be governed by and construed in accordance with the laws of the State of Texas and venue shall be in Travis County, Texas. Section 2.07 Statutes and Standards of General Applicability. Contractor is responsible for reviewing and complying with all applicable statutes, rules, regulations, executive orders and policies. To the extent applicable General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 4 to Contractor, Contractor shall comply with the following: a. Statutes, rules, regulations, and DSHS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or limitation of participation in programs, benefits or activities or denial of any aid, care, service or other benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: 1. Title VI of the Civil Rights Act of 1964, 42 USC §§ 2000d et seq.; 2. Title IX of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686; 3. Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); 4. Americans with Disabilities Act of 1990, 42 USC §§ 12101 et seq.; 5. Age Discrimination Act of 1975, 42 USC §§ 6101-6107; 6. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC § 290dd (b)(1); 7) 45 CFR Parts 80, 84, 86 and 91; 7. U.S. Department of Labor, Equal Employment Opportunity E.O. 11246; 8. Tex. Labor Code Chapter 21; 9. Food Stamp Act of 1977 (7 USC §§ 201 I et seq.); 10. Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; 11. Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1 101 et seq., relating to drug abuse; 12. Public Health Service Act of 1912, §§ 523 and 527, 42 USC § 290dd-2, and 42 CFR pt. 2, relating to confidentiality of alcohol and drug abuse patient records; 13. Title VIII of the Civil Rights Act of 1968, 42 USC §§ 3601 et seq., relating to nondiscrimination in housing; and 14. DSHS Policy AA -5018, Non-discrimination Policy for DSHS Programs; b. Immigration Reform and Control Act of 1986, 8 USC § 1324a, and Immigration Act of 1990, 8 USC 1 101 et seq., as amended by Public Lawl 13-4 (March 7, 2013), regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; c. Pro -Children Act of 1994, 20 USC §§ 6081-6084, and the Pro -Children Act of 2001, 20 USC § 7183, regarding the non-use of all tobacco products; d. National Research Sell ice Award Act of 1971, 42 USC §§ 289a-1 et seq., and 6601 (P.L. 93-348 and P.L. 103-43), regarding human subjects involved in research; e. Hatch Political Activity Act, 5 USC §§ 1501-1508 and 7324-26, which limits the political activity of employees whose employment is funded with federal funds; f. Fair Labor Standards Act, 29 USC §§ 201 et seq., and the Intergovernmental Personnel Act of 1970, 42 USC §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; g. Texas Government Code Chapter 469 pertaining to eliminating architectural barriers for persons with disabilities; h. Texas Workers' Compensation Act, Texas Labor Code Chapters 401-406, and 28 Texas Administrative Code (TAC) pt. 2, regarding compensation for employees' injuries; i. The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the regulation and certification of clinical laboratories; j. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin Code Chapter 96 regarding safety standards for handling blood borne pathogens; k. Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; 1. Environmental standards pursuant to the following: 1. institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" General Provisions (September 1, 2015) Applicable to Local Health Departments Only 5 2. Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;" 3. Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4. Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg. 26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234); 5. Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; 6. Federal Water Pollution Control Act, 33 USC §§ i251 et seq.; 7. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f -300j; 8. Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§ 1531 et seq.; 9. Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC §§ 7401 et seq.; 10. Wild and Scenic Rivers Act of 1968, 16 USC §§ 1271 et seq., related to protecting certain river systems; and m. Lead -Based Paint Poisoning Prevention Act, 42 USC §§ 4821 et seq., prohibiting the use of lead-based paint in residential construction or rehabilitation; n. Intergovernmental Personnel Act of 1970, 42 USC §§ 4278-4763, regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration, 5 CFR Part1200 et seq; o. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of, 42 USC §§4601 et seq (PL 91-646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs; p. Davis -Bacon Act, 40 USC §§ 3141-3148; q. Copeland Act, 40 USC §§ 276c and 18 USC § 874; r. Contract Work Hours and Safety Standards Act, 40 USC § 3702 et seq., regarding labor standards for federally -assisted construction subagreements; s. National Historic Preservation Act of 1966, § 106, 16 USC § 470; Executive Order 11593; and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1 et seq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; t. Trafficking Victims Protection Act of 2000, Section 106(g) (22 USC § 7104); u. Executive Order 13513 (Oct. 1, 2009), Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of this Contract; v. Whistleblower Protection Enhancement Act (5 U.S.C. 2302(b)(8)) and Texas Whistleblower Act (Tex. Gov. Code Chapter 554); and w. Requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. Section 2.08 Applicability of General Provisions to Interagency and Interlocal Contracts. a. The following sections or portions of sections of these General Provisions shall not apply to Interagency Cooperation Contracts (Texas Government Code 771) or Interlocal Cooperation Contracts (Texas Government Code Chapter 791): 1. Hold Harmless and Indemnification, Section 14.17; 2. Independent Contractor, Section 13.05; 3. Historically Underutilized Businesses (HUBs), Section 13.02 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity; 4. Debt to State and Corporate Status, Section 4.0i; General Provisions (September 1, 2015) -- Applicable to Local Health Departments Only 6 5. Application of Payment Due, Section 4.02; and 6. Article XVI Claims against the Department. b. The following additional provisions shall apply to Interlocal Cooperation Contracts: 1. Payments made by DSHS to Contractor shall be from current revenues available to DSHS; and 2. Each Party represents that it has been authorized to enter into this Contract. Section 2.09 Civil Rights Policy and Complaints. Upon request, Contactor shall provide the Health and Human Services Commission (HHSC) Civil Rights Office with copies of all Contractor's civil rights policies and procedures. Contractor shall notify HHSC's Office of Civil Rights of any civil rights complaints received relating to performance under this Contract no more than ten calendar days after Contractor's receipt of the claim. Notice must be directed to: Civil Rights Office Health and Human Services Commission 701 W. 51' Street, Mail Code W206 Austin, Texas 7875 (888) 388-6332 or 512-438-4313 TTY Toll-free (877) 432-7232 111ISCi%11Rie.hts011icea hhsc.statc.tx.us Section 2.10 Licenses, Certifications, Permits, Registrations and Approvals. Contractor shall obtain and maintain all applicable licenses, certifications, permits, registrations and approvals to conduct its business and to perform the services under this Contract. Failure to obtain or any revocation, surrender, expiration, non -renewal, inactivation or suspension of any such license, certification, permit, registration or approval constitutes grounds for termination of this Contract or other remedies the Department deems appropriate. Contractor shall ensure that all its employees, staff and volunteers obtain and maintain in active status all licenses, certifications, permits, registrations and approvals required to perform their duties under this Contract and shall prohibit any person who does not hold a current, active required license, certification, permit, registration or approval from performing services under this Contract. Section 2.11 Funding Obligation. This Contract is contingent upon the 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 of 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. Notice of any restriction or reduction shall include instructions and detailed information on how DSHS shall fund the services and/or goods 10 be procured with the restricted or reduced funds. Section 2.12 Whistleblower Act Protection. This Contract is required to include the Whistleblower Protection Acts (See Section 2.07(v)) protections to grantees, their subgrantees and subcontractors, and contractor must inform their employees of whistleblowers' rights and remedies. The requirement is in effect for all grants, contracts, subgrants, and subcontractors issued beginning July i, 2013 through January 1, 2017. ARTICLE III SERVICES Section 3.01 Education to Persons in Residential Facilities. If applicable, Contractor shall ensure that all persons, who are housed in Department -licensed and/or -funded residential facilities and are 22 years of age or younger, have access to educational services as required by Texas Education Code § 29.012. General Provisions (September 1, 2015) — Applicable to Local Health Departments Only Contractor shall notify the local education agency or local early intervention program as prescribed by this Section not later than the third calendar day after the date a person who is 22 years of age or younger is placed in Contractor's residential facility. Section 3.02 Disaster Services. In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, andoor bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Contractor may be called upon to assist DSHS in providing services, as appropriate, in the following areas: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; I. Public health information; m. Vector control and veterinary services; and n. Victim identification and mortuary services. Contractor shall carry out disaster services in the manner most responsive to the needs of the emergency, in the most cost-effective, and Ieast intrusive manner to Contractor's primary services. Section 3.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental, psychological or surgical treatment to a minor under this Contract, either directly or through contracts with subcontractors, Contractor shall not provide treatment of a minor unless informed consent to treatment is obtained pursuant to Texas Family Code Chapter 32 relating to consent to treatment of a child by a non -parent or the child or other state law. if requirements of federal law relating to consent directly conflict with this Chapter, then federal law supersedes state law. Section 3.04 Telemedicinc/Telepsychiatry Medical Services. If applicable, the Contractor shall ensure that if Contractor or its subcontractor uses telemedicineftelepsychiatry that the services are implemented in accordance with written procedures and using a protocol approved by Contractor's medical director and using equipment that complies with the equipment standards as required by the Department. Procedures for providing telemedicine service must include the following requirements: a. Clinical oversight by Contractor's medical director or designated physician responsible for medical leadership; b. Contraindication considerations for telemedicine use; c. Qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d. Safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e. Use by credentialed licensed providers providing clinical care within the scope of their licenses; f. Demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g. Priority in scheduling the system for clinical care of individuals; h. Quality oversight and monitoring of satisfaction of the individuals served; and General Provisions (September 1, 2015) ; Applicable to Local Health Departments Only 8 i, Management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under 25 TAC Rule § 448.911. Section 3.05 Services and Information for Persons with Limited English Proficiency. a. Contractor shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. b. Contractor shall identify and document on the client records the primary language/dialect ofa client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services ofa translator or interpreter. c. Contractor shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. ARTICLE IV FUNDING Section 4.01 Debt to State and Corporate Status. a. Pursuant to Texas Government Code § 403.055, the Department shall not approve and Texas Comptroller of Public Accounts shall not issue payment to Contractor if Contractor is indebted to the State for any reason, including a tax delinquency. b. Contractor, if a corporation, certifies by execution of this Contract that it is current and shall remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Texas Tax Code §§ 171.001 et seq.). As a corporation, this Contractor further certifies that it is and shall remain in good standing with the Secretary of State's office. c. A false statement regarding franchise tax or corporate status is a material breach of this Contract. If franchise tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full. Section 4.02 Application of Payment Due. Contractor agrees that any payments due under this Contract shall be applied towards any debt of Contractor, including but not limited to delinquent taxes and child support that is owed to the State of Texas. ARTICLE V PAYMENT METHODS AND RESTRICTIONS Section 5.01 Payment Methods. Except as otherwise provided by the provisions of this Contract, the payment method is based on a unit rate (fixed price or a specified) or fee for service (delivery ofa specified unit of service) as stated in the Contract. Section 5.02 Invoice/Billing Submission. General Provisions (September 1, 2015) -- Applicable to Local Health Departments Only 9 a. Contractor shall bill the Department in accordance with the Contract in the form and format prescribed by DSHS. If applicable, the Contractor must submit of all required documentation, reports, forms and/or deliverables in order to receive payment from the Department. b. Unless otherwise specified in the Contract or permitted under the Third Party Payors (See Section 5.04 below), Contractor shall submit requests for payment monthly by the last business day of the month following the end of the month covered by the bill. c. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. Section 5.03 Final Invoice/Billing Submission. Unless otherwise provided by the Department, Contractor shall submit a reimbursement or payment request as a final close-out bill not later than 45 calendar days following the end of the term of the Contract. Section 5.04 Third Party Payors. Except as provided in this Contract, Contractor shall screen all clients and may not bill the Department for services eligible for reimbursement from third party payors. who are any person or entity who has the legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carriers, Medicaid, or other federal, state, local and private funding sources. As applicable, the Contractor shall: a. Enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs and bill those programs for the covered services; b. Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; c. Allow clients that are otherwise eligible for Department services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the Department for the deductible; d. Not bill the Department for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; e. Maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; f. Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department; and g. Provide third party billing functions at no cost to the client. ARTICLE VI TERMS AND CONDITIONS OF PAYMENT Section 6.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department shall pay Contractor. Payments are contingent upon a signed Contract and shall not exceed the total amount of authorized funds under this Contract. Contractor is entitled to payment only if the service, work, and/or product has been authorized by the Department and performed or provided pursuant to this Contract. If these conditions are met, Department shall make payment in accordance with the Texas Prompt Payment Act (Texas Government Code Chapter 2251). Contractor acknowledges and agrees that it shall comply with the provisions in the Texas Prompt Payment Act regarding its prompt payment of its financial obligations to its subcontractors. Section 6.02 Payment by Department. Payment of invoices by the Department shall not constitute acceptance or approval of Contractor's performance nor foreclose the right of the Department and HHSC to recover excessive or illegal payments. All invoices and Contractor's performance are subject to review and audit by the Department. General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 10 Section 6.03 Withholding Payments. Department may withhold all or part of any payments to Contractor to offset overpayments that Contractor has not refunded to Department. Department may take repayment from funds due to the Contractor for services performed or goods delivered in amounts necessary to fulfill Contractor's repayment obligations. ARTICLE VH CONFIDENTIALITY Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract, including patient and client records that contain protected health information (PHI} and any other information that discloses confidential personal information or identifies any client served by DSHS in accordance with any applicable federal and state law, rules and regulations, including but not limited to: a. 7 Code of Federal Regulations (CFR) Part 246; 42 CFR Part 2, 45 CFR Parts l60 and 164 (Health Insurance Portability and Accountability Act [HIPAA]); b. Texas Health and Safety Code Chapters 12, 47, 8l, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 611 and 773; c. Texas Occupations Code, Chapters 56 and 159; and d. Any other applicable federal and state laws, rules or regulations. The HHS Data Use Agreement, executed by the Parties, is incorporated as part of the Contract and describes Contractor's rights and obligations with respect to the Confidential Information and the limited purposes, for which the Contractor may create, receive, maintain, use, disclose or have access to Confidential Information. Section 7.02 Department Access to PHI and Other Confidential Information. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI and other confidential information under this Contract, without the consent of the individual to SN horn the PHI relates, for funding, payment and administration of the grant program and for purposes permitted under applicable state and federal confidentiality and privacy laws. Section 7.03 Exchange of Client -Identifying Information. Except as prohibited by other law, Contractor and DSI -IS shall exchange PHI without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Texas Health and Safety Code § 533.009 and 25 TAC Chapter 414, Subchapter A or any other applicable federal or state laws, rules or regulations. Contractor shall disclose information described in Texas Health and Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Texas Health and Safety Code § 614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.04 Security of Patient or Client Records. Contractor shall ensure that patient and client records are managed in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient and client records. Department may require Contractor to transfer original or copies of patient and client records to Department, without the consent or authorization of the patient or client, upon termination of this Contract or a Contract to General Provisions (September 1, 2015) this Contract, as applicable, or if the care and treatment of the individual patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient or client, Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity funded by DSHS upon termination of this Contract or a Contract to this Contract, as applicable or if care or treatment is transferred to another DSHS-funded contractor. Section 7.05 HIV/AIDS Model Workplace Guidelines. If providing direct client care, services, or programs, Contractor shall implement Department's policies based on the HIV/AIDS (human immunodeficiency virus:acquired immunodeficiency syndrome), AIDS Model Workplace Guidelines for Businesses, State Agencies and State Contractors Policy No. 090.021. Contractor shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health & Safety Code §§ 85.1 12-1 14. A link to the Model Workplace Guidelines can be found at: http:/wk•NN.dslt .state.tx,usIhi std policies_sittm ARTICLE VIII PUBLIC INFORMATION ACT Section 8.01 Texas Public Information Act. The Contractor understands that DSHS shall comply with the Texas Public Information Act (Texas Government Code Chapter 552). If the Contractor is not a state agency, institution of higher education or other governmental entit), then the Contractor is required to make any information created or exchanged with the state pursuant to a contract, which is not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. ARTICLE IX RECORDS RETENTION Section 9.01. Retention. a. Contractor shall retain and preserve records in accordance with applicable state and federal statutes, rules and regulations. At a minimum, Contractor shall maintain all records, including but not limited to financial that are generated or collected by Contractor under the provisions of this Contract for a period of four years after the termination of this Contract. b. If the federal retention period for services are funded through Medicaid is more than four years, then the Contractor will retain the records for longer period of time. c. Contractor shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the litigation has ended or all questions pertaining to the audit are resolved. d. Contractor shall retain medical records in accordance with 22 TAC § 165.1(b) or other applicable statutes, rules and regulations governing medical information. e. Contractor shall include this provision concerning records retention in any subcontract it awards. f. Contractor ceases business operations, it shall ensure that records relating to this Contract are securely stored and are accessible by the Department upon Department's request for at least four years from the date Contractor ceases business or from the date this Contract terminates, whichever is sooner. g. Contractor shall provide, and update as necessary, the name and address of the party responsible for storage of records to the contract manager assigned to this Contract. ARTICLE X ACCESS, INSPECTION AND AUDIT OF RECORDS General Provisions (September 1, 2015) 12 Section 10.01 Access and Inspection. In addition to any right of access arising by operation of law, Contractor and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, including the Comptroller General of the United States, the Office of the Inspector General at HHSC (OIG) and the State Auditor's Office (SAO) or any of their successor agencies, unrestricted access to and the right to examine any site where business is conducted or client services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If deemed necessary by the Department or the 010, for the purpose of investigation or hearing, Contractor shall produce original documents related to this Contract. The Department and HHSC shall have the right to audit billings both before and after pay ment, and all documentation that substantiates the billings. Contractor shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any subcontract it awards. Section 10.02 State Auditor's Office. Contractor shall, upon request, make all records, books, papers, documents, or recordings related to this Contract available for inspection, audit, or reproduction during normal business hours to any authorized representative of the SAO. Contractor understands that the acceptance of funds under this Contract acts as acceptance of the authority of the SAO, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor shall cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested, and providing access to any information the SAO considers relevant to the investigation or audit. The SAO's authority to audit funds shall apply to Contract funds disbursed by Contractor to its subcontractors, and Contractor shall include this provision concerning the SAO's authority to audit and the requirement to cooperate, in any subcontract Contractor awards. Section 10.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon examination of Contractor's records or during an inspection of Contractor's site shall be conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSHS, a resolution to the deficiency identified in a site inspection, program review or management or financial audit to the satisfaction of DSHS or, if directed by DSHS, a corrective action plan to document and resolve the deficiency. A DSHS or HHSC determination of either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions under the Breach of Contract and Remedies for Non -Compliance (See Article XV). ARTICLE XI REPORTING REQUIREMENTS Section 11.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: a. Human Immunodeficiency Virus/Sexually Transmitted Diseases (HIV `STD); b. Family Planning; c. Primary Health Care; d. Maternal and Child Health; and e. Women, Infants and Children (WIC) Nutrition Services. All Contractors shall comply with child abuse reporting guidelines and requirements in Texas Family Code Chapter 261 relating to investigations of reports of child abuse and neglect. Contractor shall develop, implement and enforce a written policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers and train all staff on reporting requirements. General Provisions (September 1, 2015) 13 Contractor shall use the DSHS Child Abuse Reporting Form located at wm,m.dshs.state.tx.usichildabusereportina as required by the Department. Contractor shall retain reporting documentation on site and make it available for inspection by DSHS. This section is in addition to and does not supersede any other legal obligation of the Contractor to report child abuse. Section 11.02 Significant Incidents. In addition to notifying the appropriate authorities, Contractor shall report to the contract manager assigned to the Contract significant incidents involving substantial disruption of Contractor's program operation or affecting or potentially affecting the health, safety or welfare of Department funded clients or participants within 72 hours of discovery. Section 11.03 Litigation. Contractor shall notify the contract manager assigned to this Contract of litigation related to or affecting this Contract and to which Contractor is a party within seven calendar days of becoming aware of such a proceeding. This includes, but is not limited to an action, suit or proceeding before any court or governmental body, which includes but is not limited to environmental and civil rights matters, professional liability and employee litigation. Notification must include the names of the parties, nature of the litigation and remedy sought, including amount of damages, if any. Section 11.04 Contract or License Action Against the Contractor. Contractor shall notify the contract manager assigned to the contract if Contractor has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within three working days of the suspension or termination. Such notification must include the: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. If Contractor has surrendered its license or has had its license suspended or revoked by any local, state or federal department or agency or non-profit entity, it shall disclose this information within three working days of the surrender, suspension or revocation to the contract manager assigned to the Contract by submitting a one- page description that includes the: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. Section 11.05 Insolvency. Contractor shall notify in writing the contract manager assigned to the Contract of Contractor's insolvency, incapacity or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission (TWC) within three working days of the date of determination that Contractor is insolvent or incapacitated or the date Contractor discovered an unpaid obligation to the IRS or TWC. The Contractor shall also notify in writing the contract manager assigned of its plan to seek bankruptcy protection within three working days of such action by Contractor. Section 11.06 Performance Malfeasance. Contractor shall report to the contract manager assigned to the Contract any knowledge of debarment, suspected fraud or unlawful activity related to performance under this Contract. Contractor shall make such report no later than three working days from the date that Contractor has General Provisions (September I, 2015) i4 knowledge or reason to believe such activity has taken place. Additionally, if this Contract is federally funded by the Department of Health and Human Services (HHS), Contractor shall report any credible evidence that a principal, employee, subcontractor or agent of Contractor, or any other person, has submitted a false claim under the False Claims Act (31 U.S.C. §§3729-3733) or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. Contractor shall make this report to the SAO at http:.isao.fraud.state.t\.us, and to the HHS Office of Inspector General at http://ww .oia.lihs.zo‘ fraud hotline:' no later than three working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Section 11.07 Criminal Activity and Disciplinary Action. a. Contractor affirms that Contract nor any no person who has an ownership or controlling interest in the organization or who is an agent or managing employee of the organization has been placed on community supervision, received deferred adjudication, is presently indicted for or has been convicted of a criminal offense related to any financial matter, federal or state program or felony sex crime. b. Contractor shall report in writing the contract manager assigned to the Contract, no later than three working days from the date that Contractor has knowledge or reason to believe such activity has taken place, if it has reason to believe Contractor, or a person with ownership or controlling interest in the organization or who is an agent or managing employee of the organization, an employee or loolunteer of Contractor, or a subcontractor providing services under this Contract has engaged in any activity that: 1. Would constitute a criminal offense equal to or greater than a Class A misdemeanor; 2. Reasonably would constitute grounds for disciplinary action by a state or federal regulatory authority; c. Has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by DSHS. Section 11.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of, or cooperates with an investigation regarding, any applicable law, rule, regulation or standard to the Department, another state agency, or any federal, state or local law enforcement official. Section 11.09 Documentation. Contractor shall maintain appropriate documentation of all notices and reporting to DSHS as required under these General Provisions or this Contract. ARTICLE XII ASSURANCES AND CERTIFICATIONS Section 12.01 Certification. Contractor certifies by execution of this Contract to the following and will include such in all of its subcontracts: a. It is not disqualified under 2 CFR § 376.935 or ineligible for participation in federal or state assistance programs; b. Neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or agency in accordance with 2 CFR Parts 376 and 180 (parts A -I), 45 CFR Part 76 (or comparable federal regulations); General Provisions (September I, 2015) I5 c. It has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; d. it is not subject to an outstanding judgment in a suit against Contractor for collection of the balance of a debt; e. It is in good standing with all state and/or federal agencies that have a contracting or regulatory relationship with Contractor; f. That no person who has an ownership or controlling interest in Contractor or who is an agent or managing employee of Contractor has been convicted of a criminal offense related to involvement in any program established under Medicare, Medicaid, or a federal block grant; g. Neither it, nor its principals have within the three year period preceding this Contract, has been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a private or public (federal, state or local) transaction or contract under a private or public transaction, violation of federal or state antitrust statutes (including those proscribing price-fixing between competitors, allocation of customers between competitors and bid -rigging), or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or false claims, tax evasion, obstruction of justice, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contactor or its principals; h. Neither it, nor its principals is presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with the commission of any of the offenses in subsection (g) above; and i. Neither it, nor its principals within a three year period preceding this Contract has had one or more public transaction (federal, state or local) terminated for cause or default. Where Contractor is unable to certify to any of the statements in this Article, Contractor shall submit an explanation to the contract manager assigned to the Contract. Also, if Contractor's status with respect to the items certified in this Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Contract. Section 12.02 Child Support Delinquencies. As required by Texas Family Code § 231.006, a child support obligor who is more than 30 calendar days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder or owner with an ownership interest of at least 25% is not eligible to receive payments from state funds under a contract to provide property materials, or services or receive a state - funded grant or loan. If applicable, Contractor shall maintain its eligibility to receive payments under this Contract, certifies that it is not ineligible to receive the payments specified in this Contract and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. Section 12.03 Authorization. Contractor certifies that it possesses legal authority to contract for the services described in this Contract and if applicable, a resolution, motion or similar action has been duly adopted or passed as an official act of Contractor's governing body, authorizing the binding of the organization under this Contract including all understandings and assurances contained in this Contract, and directing and authorizing the person identified as the authorized representative of Contractor to act in connection with this Contract and to provide such additional information as may be required. Section 12.04 Gifts and Benefits Prohibited. Contractor certifies that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, present or future employment, gift, loan, gratuity, special discount, trip, favor, service or anything of monetary value to a DSHS or HHSC official or employee in connection with this Contract. Section 12.05 Ineligibility to Receive the Contract. General Provisions (September I, 2015) 16 a. Pursuant to Texas Government Code § 2155.004 and federal law, Contractor is ineligible to enter into this Contract with the Department if this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements, statement of work or Solicitation Document on which this Contract is based. Contractor certifies that neither Contractor nor its employees nor anyone acting for Contractor has received compensation from DSHS for participation in the developing, drafting or preparation of specifications, requirements or statements of work for this Contract or in the Solicitation Document associated with this Contract. b. Pursuant to Texas Government Code §§ 2155.006 and 2261.053, Contractor is ineligible to enter into this Contract, if Contractor or any person who would have financial participation in this Contract has been convicted of violating federal law or been assessed a federal civil or administrative penalty, in connection with a contract awarded by the federal government for relief, recovery or reconstruction efforts as a result of Hurricanes Rita or Katrina or any other disaster occurring after September 24, 2005. c. Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract under Texas Government Code §§ 2155.004, 2155.006 or 2261.053 and acknowledges that this Contract may be terminated and payment withheld if these certifications are inaccurate. Section 12.06 Antitrust. Pursuant to 15 USC Sec. 1, et seq., and Texas Business & Commerce Code § 15.0i, et seq. Contractor certifies that neither Contractor nor anyone acting for Contractor has violated the antitrust laws of this state or federal antitrust laws nor communicated directly or indirectly regarding a bid made to any competitor or any other person engaged in Contractor's line of business for the purpose of substantially lessening competition in such line of business, ARTICLE XIII GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 13.01 Program Site. Contractor shall provide services only in locations that are in compliance with all applicable local, state and federal zoning, building. health, fire and safety standards. Section 13.02 Historically Underutilized Businesses (HUBs). If Contractor was not required to submit a HUB subcontracting plan and if subcontracting is permitted under this Contract, Contractor is encouraged to make a good faith effort to consider subcontracting with HUBs in accordance with Texas Government Code Chapter 2161 and 34 TAC § 20.14 et seq. Contractors may obtain a list of HUBs at http:// v.vindon.state.tx.us:'procurement proJhub. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval of the revised plan from the Department's HUB Coordinator before proposed changes shall be effective under this Contract. Contractor shall make a good faith effort to subcontract with HUBs during the performance of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator by the 15'x' day of each month for the prior month's activity, if there v1/4 as any such activity in accordance with 34 TAC § 20.16(c). Section 13.03 Buy Texas. Contractor shall purchase products and materials produced in Texas when the products and materials are available at a price and time comparable to products and materials produced outside of Texas as required by Texas Government Code § 2155.4441. Section 13.04 Status of Subcontractors. Contractor shall require that all subcontractors certify that they General Provisions (September 1.2015) 17 are/have: a. In good standing with all state and federal funding and regulatory agencies; b. Not currently debarred, suspended or otherwise excluded from participation in federal grant programs; c. Not delinquent on any repayment agreements; d. Not had a required license or certification revoked; e. Not ineligible under the following sections of these General Provisions: Ineligibility to Receive the Contract (Assurances and Certifications Article) or the Conflict of Interest or Transactions Between Related Parties sections (General Terms Article); and f. Not had a contract terminated by the Department. Contractors shall further require that subcontractors certify that they have not voluntarily surrendered within the past three years any license issued by the Department. Section 13.05 Independent Contractor. Contractor is an independent contractor. Contractor shall direct and be responsible for the performance of its employees, subcontractors, joint venture participants or agents. Contractor is not an agent or employee of the Department or the State of Texas for any purpose whatsoever. For purposes of this Contract, Contractor acknowledges that its employees, subcontractors, joint venture participants or agents shall not be eligible for unemployment compensation from the Department or the State of Texas. Section 13.06 Tax Liability. Contractor shall comply w ith all state and federal tax laws and is solely responsible for filing all required state and federal tax forms and making all tax payments. If the Department discovers that Contractor has a liability or has failed to remain current on a delinquent liability to the IRS, this Contract shall be subject to remedies and sanctions under this Contract, including immediate termination at the Department's discretion. If the Contract is terminated under this section, the Department shall not enter into a contract with Contractor for three years from the date of termination. Section 13.07 Notice of Organizational Change. Contractor shall submit written notice to the contract manager assigned to the Contract within 10 business days of any change to Contractor's name, contact information, key personnel, organizational structure, such as merger, acquisition or change in form of business, legal standing or authority to do business in Texas. A change in Contractor's name and certain changes in organizational structure require an amendment to this Contract in accordance with the amendment provisions in Article X111. Section 13.08 No Endorsement. Other than stating the fact that Contractor has a contract with DSHS, Contractor and its subcontractors are prohibited from publicizing the contractual relationship between Contractor and DSHS and from using the Department's name, logo or website link in any manner that is intended or that could be perceived as an endorsement or sponsorship by DSHS or the State of Texas of Contractor's organization, program, services or product, without the express written consent of DSHS. Section 13.09 E -Verify System. By entering into this Contract, the Contractor certifies and ensures that it utilizes and will continue to utilize, for the term of this Contract, the U.S. Department of Homeland Security's E - Verify system to determine the eligibility of: a. All persons employed to perform duties within Texas, during the term of the Contract; and b. All persons (including subcontractors) assigned by the Contractor to perform work pursuant to the Contract, within the United States of America. ARTICLE XIV GENERAL TERMS Section 14.01 Assignment. Contractor shaII not transfer, assign, or sell its interest, in whole or in part, in this General Provisions (September I, 2015) 18 Contract without the prior written consent of the Department. Section 14.02 Lobbying. a. Contractor shall comply with Texas Government Code § 556.0055, which prohibits contractors who receive state funds from using those funds to pay lobbying expenses. Further, Contractor shall not use funds paid under this Contract, either directly or indirectly, to support the enactment, repeal, modification, or adoption of any law, regulation or policy at any level of government, or to pay the salary or expenses of any person related to any activity designed to influence legislation, regulation, policy or appropriations pending before Congress or the state legislature, or for influencing or attempting to influence an officer or employee of any federal or state agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any contract or the extension, continuation, renewal, amendment, or modification of any contract (31 USC § 1352). b. If at any time this Contract exceeds $100,000 of federal funds, Contractor shall file with the contract manager assigned to the Contract a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract, a certification that none of the funds provided by Department have been or shall be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. c. Contractor shall file the declaration, certification, and disclosure: 1. At the time of application for this Contract; 2. Upon execution of this Contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and 3. At the end of each calendar quarter in which any event occurs that materially affects the accuracy of the information contained in any declaration, certification, or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file the same declaration, certification, and disclosure with the contract manager assigned to the Contract. Contractor shall include this provision in any subcontracts. Section 14.03 Conflict of Interest. Contractor represents to the Department that it and its subcontractors, if any, do not have, nor shall Contractor or its subcontractors knowingly acquire or retain any financial or other interest that would conflict in any manner with the performance of their obligations under this Contract. Potential conflicts of interest include, but are not limited to, an existing or potential business or personal relationship between Contractor (or subcontractor), its principal (or a member of the principal's immediate family) or any affiliate or subcontractor and Department or HHSC, their commissioners, officers or employees, or any other entity or person involved in any way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit employees and subcontractors and their employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. lf, at any time during the term of this Contract, Contractor or any of its subcontractors has a conflict of interest or potential conflict of interest, Contractor shall disclose the actual or potential conflict of interest to the contract manager assigned to the Contract within 10 days of when Contractor becomes aware of the existence of the actual or potential conflict of interest. Contractor shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of interest the subcontractor has or may have within 10 days of when the subcontractor becomes aware of the actual or potential conflict of interest. General Provisions (September 1, 2015) 19 Section 14.04 Transactions Between Related Parties. Contractor shall identify and report to DSHS any transaction between Contractor and a related party that is part of the work that the Department is purchasing under this Contract before entering into the transaction or immediately upon discovery. A related party is a person or entity related to Contractor by blood or marriage, common ownership or any association that permits either to significantly influence or direct the actions or policies of the other. Contractor, for purposes of reporting transactions between related parties, includes the entity contracting with the Department under this Contract as well as the chief executive officer, chief financial officer and program director of Contractor. Contractor shall submit to the contract manager assigned to the Contract the name, address and telephone number of the related party, how the party is related to Contractor and the work the related party shall perform under this Contract. Contractor shall comply with Texas Government Code Chapter 573. Contractor shall maintain records and supply any additional information requested by the Department, regarding a transaction between related parties, needed to enable the Department to determine the appropriateness of the transaction pursuant to applicable state or federal law, regulations or circulars, which may include 45 CFR § 74.42. Section 14.05 Intellectual Property. a. Texas Health and Safety Code § 12.020 authorizes DSHS to protect intellectual property developed as a result of this Contract. "Intellectual property" is created property that may be protected under copyright, patent, or trademark/service mark law. b. For purposes of this Contract, intellectual property prepared for DSHS use, or a work specially ordered or commissioned through a contract for DSHS use is a "work made for hire." DSHS owns works made for hire unless it agrees otherwise by contract. To the extent that title and interest to any such work may not, by operation of law, vest in DSHS, or such work may not be considered a work made for hire, Contractor irrevocably assigns the rights, title and interest therein to DSHS. c. DSHS has the right to obtain and hold in its name any and all patents, copyrights, registrations or other such protections as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor shall give DSHS and the State of Texas, as well as any person designated by DSHS and the State of Texas, all assistance required to perfect the rights defined herein without charge or expense beyond those amounts payable to Contractor for goods provided or services rendered under this Contract. If federal funds are used to finance activities supported by this Contract that result in the production of intellectual property, the federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federal government purposes: 1. Copyright in any intellectual property developed under this Contract including any subcontract; and 2. Any rights of copyright to which a Contractor purchases ownership with contract funds. d. Any rights of copyright, service or trademarks or patents to which a grantee, subgrantee or a Contractor purchases ownership with contract funds General Provisions (September 1, 2015) 20 e. If the results of the contract performance are subject to copyright law, Contractor cannot publish those results without prior review and approval of DSHS. Contractor shall submit requests for review and approval to the contract manager assigned to the Contract. Section 14.06 Other Intangible Property. At the conclusion of the contractual relationship between Department and Contractor, for any reason, Department shall have the sole ownership rights and interest in all non -copyrightable intangible property that was developed, produced or obtained by Contractor as a specific requirement under this Contract or under any grant that funds this Contract, such as domain names, URLs or software licenses with a value of $500 or more. Contractor shall cooperate with Department and perform all actions necessary to transfer ownership of such property to the Department or its designee, or otherwise affirm Department's ownership rights and interest in such property. This provision shall survive the termination or expiration of this Contract. Section 14.07 Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision shall be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions shall continue. The Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. Section 14.08 Legal Notice. Except as otherwise provided in this Contract or General Provisions, any notice required or permitted to be given by the provisions of this Contract or General Provisions shall be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified by the Party to the other Party in writing or, if sent by certified mail, on the date of receipt. Section 14.09 Successors. This Contract shall be binding upon the Parties and their successors and assignees, except as expressly provided in this Contract. Section 14.10 Survivability of Terms. Termination or expiration of this Contract or a Contract for any reason shall not release either party from any liabilities or obligations in this Contract that the parties have expressly agreed shall survive any such termination or expiration or remain to be performed, including but not limited to maintaining confidentiality of information and records retention. Section 14.11 Customer Service Information. If requested, Contractor shall supply such information as required by the Department to comply with the provisions of Texas Government Code Chapter 2114 regarding Customer Service surveys. Section 14.12 Amendment. All amendments to this Contract must be in writing and agreed to by both Parties. If a Contractor requests an amendment, it must be submitted in writing and include a justification for the request, to the contract manager assigned to the Contract. Section 14.13 Contractor's Notification of Change of Contact Person or Key Personnel. Within ten calendar days shall notify in writing the contract manager assigned to the Contract of any change enumerated in the Contractor's Contact Personnel or Key Personnel, if included in their response to a solicitation document. Section 14.14 Unilateral Amendment. The Department reserves the right to amend this Contract through execution of a unilateral amendment signed by the contract manager for this Contract and provided to the Contractor with ten days notice prior to execution of the amendment under the following circumstances to: a. Correct an obvious clerical error in this Contract; b. Incorporate new or revised federal or state laws, regulations, rules or policies; and General Provisions (September 1, 2015) 21 c. Change the name of the Contractor in order to reflect the Contractor's name as recorded by the Texas Secretary of State. Section 14.15 Interim Extension Amendment. a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. DSHS/HHSC shall provide written notice of interim extension amendment to the Contractor under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor; or 2. To ensure that services are provided to clients «ithout interruption. c. DSHS will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. d. Contractor will provide and invoice for services in the same manner that is stated in the Contract. e. An interim extension under Section (b)(I) above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim extension under Section (bX2) above shall be a one-time extension for a period of time determined by HHS'DSHS. Section 14.16 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 14.17 Hold Harmless and Indemnification. Contractor, as an independent contractor, agrees to hold Department, the State of Texas, individual state employees and officers, and the federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments, and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or nonperformance of Contractor, its employees, subcontractors, joint venture participants or agents under this Contract. Section 14.18 Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non -action or default under this Contract shall not constitute a waiver of either party's rights under this Contract. Section 14.19 Electronic and Information Resources Accessibility and Security Standards. a. Applicability. The following Electronic and Information Resources (EIR) requirements apply to the Contract because the Contractor performs services that include EIR that DSHS employees are required or permitted to access or members of the public are required or permitted to access. This Section does not apply to incidental uses of EIR in the performance of the Agreement, unless the Parties agree that the EIR will become property of the State of Texas or will be used by HHSC's clients or recipients after completion of the Agreement. General Provisions (September I, 2015) 22 Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a Product. b. Definitions. For purposes of this Section: "Accessibility Standard?' means accessibility standards and specifications for Texas agency and institution of higher education websites and E1R set forth in 1 TAC Chapter 206 and/or Chapter 213. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. "Electronic and Information Resources Accessibility Standards" means the accessibility standards for electronic and information resources contained in I Texas Administrative Code Chapter 213. "Product" means information resources technology that is, or is related to, EIR. "Web Site Accessibility Standards/ Specifications" means standards contained in Volume 1 Tex. Admin. Code Chapter 206(c) Accessibility Requirements. Under Tex. Gov't Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, DSHS must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those Products are developed in response to a procurement solicitation. Accordingly, Contractor must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. c. Evaluation, Testing, and Monitoring. 1. DSHS may review, test, evaluate and monitor Contractor's Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award ofa contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State's right to contest the Contractor's assertion of compliance with the Accessibility Standards. 2. Contractor agrees to cooperate fully and provide DSHS and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring. d. Representations and Warranties. 1. Contractor represents and warrants that: i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and General Provisions (September 1, 2015) 23 7. ii. If the Products will be in the custody of the state or a DSHS client or recipient after the Contract expiration or termination, the Products will continue to comply with Accessibility Standards after the expiration or termination of the Contract Term, unless DSHS or its clients or recipients, as applicable, use the Products in a manner that renders it noncompliant. In the event Contractor becomes aware, or is notified that the Product or service and associated documentation and technical support do not comply with the Accessibility Standards, Contractor represents and warrants that it will, in a timely manner and at no cost to DSHS, perform all necessary steps to satisfy the Accessibility Standards, including remediation, replacement, and upgrading of the Product or service, or providing a suitable substitute. 3. Contractor acknowledges and agrees that these representations and warranties are essential inducements on which DSHS relies in awarding this Contract. 4. Contractor's representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. e. Remedies. I Under Tex. GoN 't Code § 2054.465, neither the Contractor nor any other person has cause of action against DSHS for a claim of a failure to comply with Tex. Gov't Code Chapter 2054, Subchapter M. and rules of the Department of information Resources. 2 In the event of a breach of Contractor's representations and warranties, Contractor «ill be liable for direct, consequential, indirect, special, or liquidated damages and any other remedies to which DS1-IS may be entitled under this Contract and other applicable law. This remedy is cumulative of any other remedies to which DSHS may be entitled under this Contract and other applicable law. Section 14.20 Force Majeure. Neither Party shall be liable for any failure or delay in performing all or some of its obligations, as applicable, under this Contract if such failure or delay is due to any cause beyond the reasonable control of such Party, including, but not limited to, extraordinarily severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war, court order or acts of God. The existence of any such cause of delay or failure shall extend the period of performance in the exercise of reasonable diligence until after the cause of the delay or failure no longer exists and, if applicable, for any reasonable period of time thereafter required to resume performance. A Party, within a period of time reasonable under the circumstances, must inform the other party as soon as practicable. This Party must also submit written notice with proof of receipt of the existence of a force majeure event or otherwise waive the right as a defense to non-performance. Section 14.21 Cooperation and Communication. Contractor shall cooperate with Department staff and as applicable. other DSHS contractors and shall promptly comply with requests from DSHS for information or responses to DSHS inquiries concerning Contractor's duties or responsibilities under this Contract. Section 14.22 Insurance. Contractor shall acquire and maintain for the duration of this Contract, insurance and with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the Contractor's industry or profession. Contractor must submit evidence of insurance as required under this Contract, including if requested a schedule of coverage or "underwriter's schedules" establishing to the satisfaction of DSHS the nature and extent of coverage granted by each such policy upon request by DSHS. In the event that any policy is determined to be deficient to comply with the terms of this Contract, Contractor shall General Provisions (September 1, 2015) 24 secure such additional policies or coverage as DSHS may reasonably request or that are required by law or regulation. ARTICLE XV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE Section 15.01 Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include, but are not limited to, the following: a. Failure to properly provide the services and'or goods purchased under this Contract; b. Failure to comply with any provision of this Contract including failure to comply NA ith all applicable statutes, rules or regulations; c. Failure to pay refunds or penalties owed to the Department; d. Failure to comply with a repayment agreement with Department or agreed order issued by the Department; e. Discovery of a material misrepresentation in any aspect of Contractor's application or response to the Solicitation Document; f. Any misrepresentation in the assurances and certifications in Contractor's application or response to the Solicitation Document or in this Contract; or g. Contractor is on or is added to the Excluded Parties List System (EPLS). Section 15.02 General Remedies and Sanctions. The remedies and sanctions in this section are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. Additionally, HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract. The Department may impose one or more remedies or sanctions for each item of noncompliance and shall determine remedies or sanctions on a case-by-case basis if Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actions: a. Terminate this Contract by one of means provided in Article XVII. If applicable, notify Contractor of the opportunity to request a hearing an the termination pursuant to Texas Government Code Chapter 2105 regarding administration of Block Grants: b. Suspend all or part of this Contract by notifying that the Contractor that DSHS is temporarily discontinue performance of all or a part of the Contract as provided for in Article XVII; as of the effective date of the suspension pending DSHS's determination to terminate, amend the Contract or permit the Contractor to resume performance. Contractor shall not bill DSHS for services performed during suspension, unless expressly authorized by the notice of suspension; c. Use as a basis to deny additional or enter into future contracts with Contractor; d. Temporarily withhold cash payments to Contractor for proper charges or pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; e. Permanently withhold cash payments by retaining funds billed by Contractor; f. Request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any other state bid list, and barred from participating in future contracting opportunities with the State of Texas; g. Declare this Contract void upon the Department's determination that this Contract was obtained Fraudulently, or was illegal or invalid from this Contract's inception and demand repayment of any funds under this Contract; General Provisions (September 1, 2015) 25 h. Delay execution ofa new contract or renewal with Contractor while other imposed or proposed sanctions are pending resolution; i. Demand repayment from Contractor when it has been verified that Contractor has been overpaid for reasons such as payments are not supported by proper documentation or failure to comply with Contract terms; j. Pursue a claim for damages as a result of breach of contract; k. Require Contractor to prohibit any employee or volunteer of Contractor from performing under this Contract or having direct contact with DSHS-funded clients or participant, if the employee or volunteer has been indicted or convicted of the misuse of state or federal funds, fraud or illegal acts that are in contraindication to continued obligations under this Contract, as reasonably determined by DSHS; I. Withhold any payment to Contractor to satisfy any recoupment imposed by DSHS and take repayment from funds available under this Contract in amounts necessary to fulfill Contractor's payment or repayment obligations; m. Reduce the Contract term; n. Recoup improper payments when Contractor has been overpaid for reasons such as payments are not supported by proper documentation, improper billing or failure to comply with Contract terms; and o. Impose any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation or rule. Section 15.03 Notice of Remedies or Sanctions. a. Department shall formally notify Contractor in writing when a remedy or sanction is imposed, stating the nature of the remedies and sanction, the reasons for imposing them, the corrective actions, if any, that must be taken before the actions shall be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the remedies or sanctions imposed. b. Other than in the case of repayment or recoupment, Contractor is required to file, within 15 calendar days of receipt of notice, a written response to Department acknowledging receipt of such notice. c. If requested by the Department, the written response must state how Contractor shall correct the noncompliance by agreeing to a corrective action plan or demonstrate in writing that the findings on which the remedies or sanctions are based are either invalid or do not warrant the remedies or sanctions. If Department determines that a remedy or sanction is warranted, unless the remedy or sanction is subject to review under a federal or state statute, regulation, rule, or guideline, Department's decision is final. Department shall provide written notice to Contractor of Department's final decision. d. if required by the Department, Contractor shall submit a corrective action plan for DSHS approval and take corrective action as stated in the plan approved by DSHS. If DSHS determines that repayment is warranted, DSHS shall issue a demand letter to Contractor for repayment. If full repayment is not received within the time limit stated in the demand letter, and if recoupment is available, DSHS shall recoup the amount due to DSHS from funds otherwise due to Contractor under this Contract. Section 15.04 Emergency Action. In an emergency, Department may immediately terminate or suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny future contract awards, or delay contract execution by delivering written notice to Contractor, by any verifiable method, stating the reason for the emergency action. An "emergency" is defined as Contractor is noncompliant and the noncompliance has a direct adverse effect on the public or client health, welfare or safety. The direct adverse effect may be programmatic and may include failing to provide services; providing inadequate services; or providing unnecessary services. General Provisions (September I, 2015) Whether Contractor's conduct or noncompliance is an emergency will be determined by Department on a case- by-case basis and will be based upon the nature of the noncompliance or conduct. ARTICLE XVI CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE Section 16.01 Breach of Contract Claim. The process for a breach of contract claim against the DSHS provided for in Texas Government Code Chapter 2260 and implemented in the rules at 25 TAC §§4.11-4.24 or as amended by DSHS, shall be used by DSHS and Contractor to attempt to resolve any breach of contract claim against DSHS. Section 16.02 Notice. Contractor's claims for breach of this Contract that the Parties cannot resolve in the ordinary course of business must be submitted to the negotiation process provided in Chapter 2260 and 25 TAC or as amended. To initiate the process, Contractor shall submit written notice, as required by Subchapter B, to DSHS Office of General Counsel. The notice must specifically state that the provisions of Chapter 2260 are being invoked and comply with all the requirements in this Chapter and TAC. A copy of the notice must also be given to all other representatives of DSHS and Contractor. Section 16.03 Performance Not Suspended. Neither the occurrence of an event nor the pendency of a notice of claim filed by the Contractor constitutes grounds for the suspension in whole or part of performance by Contractor. ARTICLE XVII TERMINATION AND TEMPORARY SUSPENSION Section 17.01 Expiration of Contract or Program Attachments. a. Except as provided in the Survivability of Tenns section of the General Terms Article, Contractor's service obligations stated in each Contract or Program Attachment shall end upon the expiration date of that Contract or Program Attachment unless extended or renewed by written amendment. b. Prior to completion of the term of all Contracts or Program Attachments, all or a part of this Contract may be terminated with or without cause under this Article and in the Contract. c. A Program Attachment's term cannot extend past the Contract term in its associated Contract. Section 17.02 Effect of Termination or Expiration. a. Upon termination of this Contract or Program Attachment, as applicable, Contractor shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract or Program Attachment, as applicable to DSHS or another entity designated by DSHS. b. Upon termination of all or part of this Contract, Department and Contractor shall be discharged from any further obligation created under the applicable terms of this Contract or Program Attachment, as applicable, except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination and for Contractor's duty to cooperate with DSHS and, except as provided in the Survivability of Terms section of the General Terms Article. c. Termination does not, however, constitute a waiver of any remedies for breach of this Contract. Section 17.03 Termination or Temporary Suspension Without Cause. General Provisions (September 1, 2015) 27 a. Either Party may terminate this Contract or Program Attachment, as applicable with at least 30 calendar days prior written notice to the nonterminating Party. b. If Contractor seeks to terminate a Contract that involves residential client services, Contractor shall give the Department at least 90 calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. c. The Parties can agree to terminate by mutual agreement. DSHS may temporarily suspend or terminate this Contract or Program Attachment, as applicable if funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or HHSC agencies, amendments to the Appropriations Act, health and human services consolidations or any other disruption of current appropriated funding for this Contractor Program Attachment. Contractor shall be notified in writing of any termination or temporary suspension and of any cessation of temporary suspension. Upon notification of temporary suspension, Contractor will discontinue performance under the Contract as of the effective date of the suspension for the duration of the suspension. Section 17.04 Immediate Termination. Department ma) ° immediately terminate this Contract or Program Attachment, as applicable, when, in the sole determination of Department, termination is in the best interest of the State of Texas. Section 17.05 Termination For Cause. Department may terminate this Contract, in whole or in part, for breach of contract by providing 10 calendar days written notice to Contractor. Section 17.06 Notice of Termination. Either Party may deliver written notice of intent to terminate by any verifiable method. Notice of termination is effective when it is received by the non -terminating party. ARTICLE XVIII VOID, SUSPENDED AND TERMINATED CONTRACTS Section 18.01 Void Contracts. Department may void this Contract upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from its inception. Section 18.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. A Contractor who has been a party to a contract with DSHS that has been found to be void, is suspended or is terminated for cause is not eligible for any renewal or increase of funding for an existing contract or new contracts or renewals until in the case of suspension or termination the Department has determined that Contractor has satisfactorily resolved the issues underlying the suspension or termination. Additionally, if this Contract is found to be void any amount paid to the Contractor is subject to recoupment by DSHS. Section 18.03 Appeals Rights for DSHS Funded Block Grants. Pursuant to Texas Government Code § 2105.302, after receiving notice from the Department of termination of a contract with DSHS funded by block grant funds, Contractor may request an administrative hearing under Texas Government Code Chapter 2001. ARTICLE XIX CLOSEOUT Section 19.01 Cessation of Services at Closeout. Upon expiration or termination of this Contract or Program Attachment, as applicable, Contractor shall stop providing services or the delivery of goods under this Contract and if necessary, shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract to DSHS or another entity designated by DSHS. General Provisions (September 1, 2015) 28 Contractor shall not bill DSHS for services performed or goods delivered after termination or expiration of Contract or Program Attachment. Upon termination or expiration of this Contract or Program Attachment, Contractor shall immediately initiate Closeout activities described in this Article. Section 19.02 Administrative Offset. The Department has the right to administratively offset amounts owed by Contractor against any invoice submitted for payment. Section 19.03 Deadline for Closeout. Contractor shall submit all performance, and other Closeout reports required under this Contract within 45 calendar days after the Contract or Program Attachment, if applicable, has terminated. Section 19.04 Payment of Refunds. Any funds paid to Contractor in excess of the amount to which Contractor is finally determined to be entitled under the terms of this Contract constitute a debt to the Department and shall result in a refund due, which Contractor shall pay within the time period established by the Department. Section 19.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Department's right to recover funds on the basis of a later audit or other reviev. or Contractor's obligation to return any funds due as a result of later refunds, corrections or other transactions. General Provisions (September 1, 2015) 29 2016 FEDERAL GRANT SUBRECIPIENT ADDITIONAL PROVISIONS ARTICLE XX DSHS GENERAL PROVISIONS .. 31 ARTICLE XXI PROGRAMOPERATIONS 31 Section 21.01 Client Financial Eligibility 31 Section 21.02 Contracts with Subrecipient and Vendor Subcontractors. 31 Section 21.03 incorporation of Terms in Subrecipient Subcontracts. 31 Section 21.04 Quality Management. 32 Section 21.05 Contractor's Notification of Change to Certain Contract Provisions, 32 Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees...32 Section 21.07 Direct Operation. 33 ARTICLE XXII PROGRAM EQL IPNIENT AND SUPPLIES 33 Section 22.01 Equipment. 33 Section 22.02 Equipment List. 33 Section 22.03 Supplies. 34 Section 22.04 Property Inventory and Protection of Assets. . 34 Section 22.05 Assets as Collateral Prohibited. . 34 ARTICLE XXIII PROGRAM FUNDS AND PM!. MENTS 34 Section 23.01 Use of Funds. . ... ,I..i.1 ...... ... ..... { 34 Section 23.02 Use for Match Prohibited. ...„ .............. ..,_ ... _ ... . .. ...._,.._ ............. ...... ............. .... ..... ...... ........... .. ..... 34 Section 23.03 Program income. 35 Section 23.04 Nonsupplanting. 35 Section 23.05 Payment Methods 35 Section 23.06 Financial Status Reports (FSRs). 35 Section 23.07 Working Capital Advance. 35 Section 23.08 Condition Precedent to Requesting Payment. 36 Section 23.09 Management and Control Systems 1. 36 Section 23.10 Effect of Grant Close Out. 1. 1. .4 36 GeneMillardsigM(kakilIONBIlE NODS AND AUDIT REQV1REMENTS 36 30 Section 24.01 Allowable Costs. ..... --- . - .1- --------------- .1.1, 36 Section 24.02 Property Acquisitions. 37 Section 24.03 Cost Allocation Plan 3S Section 24.04 Overtime Compensation. 38 Section 24.05 Independent Single or Program -Specific Audit. 38 Section 24.06 Submission of Audit , . 39 ARTICLE XXV INSURANCE AND BONDS Section25.01 Insurance. ------ ... ... .„., ..... „...,„..... .... „„..„......... ...... .....„ .... , ..... _ ...................... _ ... _,, .. ............„ ... _.„. 39 Section 25.02 Fidelity Bond. 40 Section 25.03 Liability Coverage , . 40 ARTICLE XXVI TERNIINATION. BANKRUPTCY AND CLOSEOUT 40 Section 26.01 Final Budget. 40 Section 26.02 Bankruptcy. .. '.6 ..... ' .. i4.4.4 .. .{ Fy,44. . i ....... .•• i 40 Section 26.03 Title to Property 41 Section 26.04 Disposition of Property. . ........... ......... _ ............ ...... ......... ...... ..... .... .. ......„..„,„ 41 Section 26.05 Closeout of Equipment. 41 ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE LAWS ... . „ ..... 41 General Provisions (September 1, 2015) 31 ARTICLE XX DSHS GENERAL PROVISIONS In addition to the terms and conditions in the Department of State Health Services (DSHS or Department) FY 2016 General Provisions (General Provisions), Contractor agrees to comply with these 2016 Federal Grant Subrecipient Additional Provisions. ARTICLE XXI PROGRAM OPERATIONS Section 21.01 Client Financial Eligibility. Where applicable, Contractor shall use financial eligibility criteria, financial assessment procedures and standards developed by the Department to determine client eligibility. Section 21.02 Contracts with Subrecipient and Vendor Subcontractors. a. Contractor may enter into contracts with subrecipient subcontractors unless restricted or otherwise prohibited in the Contract or Program Attachment(s). b. Prior to entering into a subrecipient agreement equaling or exceeding $100,000, Contractor shall obtain written approval from DSHS. c. Contractor shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. d. Contractor shall monitor subrecipient subcontractors for both financial and programmatic performance and shall maintain pertinent records that must be available for inspection by DSHS. e. Contractor shall ensure that subcontractors are fully aware of the requirements placed upon them by state/federal statutes, rules, and regulations and by the provisions of this Contract. f. Contracts with all subcontractors, whether vendor or subrecipient, must be in writing and include the following: 1. Name and address of all parties and the subcontractor's Vendor Identification Number (VIN) or Employee Identification Number (EIN); 2. Detailed description of the services to be provided; 3. Measurable method and rate of payment and total not -to -exceed amount of the contract; 4. Clearly defined and executable termination clause; and 5. Beginning and ending dates that coincide with the dates of the Contract. g. Contractor is responsible to DSHS for the performance of any subcontractor. h. Contractor shall not contract with a subcontractor, at any tier, that is debarred, suspended, or excluded from or ineligible for participation in federal assistance programs or if the subcontractor would be ineligible under the Sections 12.05, 14.03 and 14.04 of the General Provisions. Section 21.03 Incorporation of Terms in Subrecipient Subcontracts. a. Contractor shall include in all its contracts with subrecipient subcontractors and solicitations for subrecipient subcontracts, without modification (except as required to make applicable to the subcontractor): 1. Assurances and Certifications in Article XII of the General Provisions; 2. Sections 14.03 and 14.04 of the General Provisions; and Subrecipient General Provisions (September 1, 2015) 31 3. A provision granting to DSHS, SAO, OIG, and the Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on which any work is performed, and the right to audit the subcontractor in accordance with Article X of the General Provisions; b. Each subrecipient subcontract contract must also include a copy of these General Provisions and a copy of the Statement of Work and any other provisions in the Program Attachment(s) applicable to the subcontract. c. Contractor shall ensure that all written agreements with subrecipient subcontractors incorporate the terms of this Contract so that all terms, conditions, provisions, requirements, duties and liabilities under this Contract applicable to the services provided or activities conducted by a subcontractor are passed down to that subcontractor. d. No provision of this Contract creates privity of contract between DSHS and any subcontractor of Contractor. e. If a subcontractor is unable to certify (or status changes during contract term) to any of the statements in Sections 14.03 and 14.04, or any of the certifications stated in Article X11 of the General Provisions, Contractor shall submit an explanation to the contract manager assigned to the Contract. Section 21.04 Quality Management. Contractor shall comply with quality management requirements as directed by the Department. Section 21.05 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to this Contract sk ithout a written amendment or the Department's prior approval: a. Cumulative budget transfers that do not exceed 25°•o among direct cost categories, other than the equipment category, of Tess than $100,000, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); and b. Change in Contractor's share of the budget concerning non-DSHS funding other than program income and match, regardless of the amount of the change, provided that in changing the budget, Contractor is not supplanting DSHS funds. Contractor within ten calendar days shall notify in writing the contract manager assigned to the Program Attachment of any change enumerated in this section, but the contract will not be amended. Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. a. Contractor and its governing body shall bear full responsibility for the integrity of the fiscal and programmatic management of the organization. This provision applies to all organizations, including Section 501(c) (3) organizations as defined in the Internal Revenue Service Code as not- for-profit organizations. b. Each member of Contractor's governing body shall be accountable for all funds and materials received from Department. The responsibility of Contractor's governing body shall also include accountability for compliance with Department Rules, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through Subrecipient General Provisions (September 1, 20I5) 32 self-evaluation and Department's monitoring processes. Contractor's governing body shall ensure separation of powers, duties, and functions of governing body members and staff. c. No member of Contractor's governing body, or officer or employee of Contractor shall vote for, confirm or act to influence the employment, compensation or change in status of any person related within the second degree of affinity or the third degree of consanguinity (as defined in Texas Government Code Chapter 573) to the member of the governing body or the officer or any employee authorized to employ or supervise such person. This prohibition does not prohibit the continued employment of a person who has been continuously employed for a period of two years prior to the election, appointment or employ ment of the officer, employee, or governing body member related to such person in the prohibited degree. These restrictions also apply to the governing body, officers and employees of Contractor's subcontractors. Section 21.07 Direct Operation. At the Department's discretion, the Department may temporarily assume operations of a Contractor's program or programs funded under this Contract when the continued operation of the program by Contractor puts at risk the health or safety of clients and or participants served by Contractor. ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES Section 22.01 Equipment. Equipment means tangible personal property having a useful lifetime of more than one year and a per-unit acquisition cost that exceeds the lesser of the capitalization level established by the of $5,000 or more. Contractors shall inventory all equipment, and report the inventory on the Contractors Property Inventory Form. Contractor shall initiate the purchase of all equipment approved in writing by DSHS, in the first quarter of the Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Program Attachment must be submitted to the contract manager assigned to this Contract. Section 22.02 Equipment List. a. All items of equipment to be purchased with funds under this Contract must be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. The equipment list must include: 1. Description of the property; 2. Serial number or other identification number; 3. Source of funding for the property (including the Federal Assistance Identification Number); 4. Who holds title, 5 Acquisition date and cost of the property; 6. Percentage of Federal participation in the project costs for the Federal award under which the property was acquired; 7. Location use and condition of the property; and 8. Any ultimate disposition data including the date of disposal and sale price of property. Any changes to the approved equipment list in the executed Contract must be approved in writing by Department prior to the purchase of equipment. b. Contractor shall submit to the contract manager assigned to this Contact, a written description including complete product specifications and need justification prior to purchasing any item of Subrecipient General Provisions (September 1, 2015) 33 unapproved equipment. If approved, Department will acknowledge its approval by means of a written amendment. Section 22.03 Supplies. a. Supplies are defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above, b. Tangible personal property includes controlled assets, including firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000, which includes desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment are also considered Supplies. c. Prior approval by DSHS of the purchase of Controlled Assets is not required, but such purchases must be reported on the Contractors Property Inventory Form as detailed under Section 22.04. Section 22.04 Property Inventory and Protection of Assets. Contractor shall maintain an inventory of equipment, supplies defined as controlled assets, and property described in Section 14.06 of the General Provisions and submit an annual cumulative report of the equipment and other property on Contractor's Property Inventory Report to the Department's Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, no later than October 15'1' of each year. The report is located on the DSHS website at: llttp: %.%x%v,.dshs.state.tx.us?contract.sTorms.shtm. Contractor shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. If Contractor is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided or obtained under this Contract, Contractor shall use the proceeds to repair or replace those assets. Section 22.05 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment method shall not encumber equipment purchased with Department funds without prior written approval from the Department. ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS Section 23.01 Use of Funds. Contractor shall expend Department funds only for the provision of approved services and for reasonable and allowable expenses directly related to those services. Section 23.02 Use for Match Prohibited. Contractor shall not use funds provided through this Contract for matching purposes in securing other funding unless directed or approved by the Department in writing. Subrecipient General Provisions (September 1, 2015) 34 Section 23.03 Program Income. a. Gross income directly generated from Department funds through a project or activity performed under a Contract and or earned only as a result of this Contract during its term is considered program income. b. Unless otherwise required under the terms of the grant funding this Contract, Contractor shall use the addition alternative, as provided in the Uniform Grant Management Standards, for the use of program income to further the program objectives of the state or federal statute that provided the authority of this Contract or its Program Attachment, and Contractor shall spend the program income on the same Project Attachment or Statement of Work project under which it was generated. c. Contractor shall identify and report this income in accordance with Article IX of these General Provisions and the provisions in the Contract or its Program Attachment(s). d. Contractor shall expend program income during the Program Attachment term and may not carry forward to any succeeding term. Contractor shall refund program income not expended in the term in which it is earned to DSHS_ e. DSHS may base future funding levels, in part, upon Contractor's proficiency in identifying, billing, collecting, and reporting program income, and in using it for the purposes and under the conditions specified in this Contract. Section 23.04 Nonsupplanting. Contractor shall not use funds from this Contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this Contract but rather shall use funds from this Contract to supplement existing state or local funds currently available for a particular activity. Contractor shall make a good faith effort to maintain its current level of support. Contractor may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. Section 23.05 Payment Methods. Section 5.01 of the General Provisions is replaced with the following: Except as otherwise provided b) the provisions of this Contract or its Program Attachment(s), the payment method for it will be cost reimbursement. This payment method is based on an approved budget in this Contract or its Program Attachment(s) and acceptable submission of a request for reimbursement. Section 23.06 Financial Status Reports (FSRs). Except as otherwise provided in these General Provisions or in the terms of Contracts, if a contract has a categorical budget, Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Contract term for Department review and financial assessment. Contractor shall submit the final FSR no later than 45 calendar days following the end of the Contract term. Section 23.07 Working Capital Advance. If necessary, if allowed by law, and if permitted at DSHS sole discretion, Contractor's requests for an advance of funds shall be limited to the minimum amount needed for effective accomplishment of the Project under this Contract, and shall be timed as closely as possible to actual cash requirements. Contractor Subrecipient General Provisions (September 1, 2015) 35 shall establish procedures to minimize the time elapsing between the transfer of funds from DSHS to Contractor, and shall ensure that such funds are disbursed as soon as administratively possible. Section 23.08 Condition Precedent to Requesting Payment. Contractor shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting cash payments including any advance payments from Department. Section 23.09 Management and Control Systems. a. Contractor shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met during the term of the contract through the completion of the closeout procedures. b. Contractor shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS. Those requirements and procedures include, at a minimum, the following: 1. Financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; 2. Financial management systems that include accurate accounting records that are accessible and identify the source and application of funds provided under each Program Attachment of this Contract, and original source documentation substantiating that costs are specifically and solely allocable to a Contract and its Program Attachment and are traceable from the transaction to the general ledger; 3. Effective internal and budgetary controls; 4. Comparison of actual costs to budget; determination of reasonableness, allowableness, and allocability of costs; 5. Timely and appropriate audits and resolution of any findings; 6. Billing and collection policies; and 7. Mechanism capable of billing and making reasonable efforts to collect from clients and third parties. Section 23.10 Effect of Grant Close Out. Contractor must submit all requests for reimbursement prior to the date of the closure of the grant. DSHS may reject any request for reimbursement submitted after closure of the grant. ARTICLE XXIV ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 24.01 Allowable Costs. a. Except as provided by Section 23.06, DSHS will reimburse Contractor for services satisfactorily performed, and sufficiently documented for allowable costs. b. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. c. DSHS will determine whether costs submitted by Contractor are allowable and eligible for reimbursement. Subrecipient General Provisions (September 1, 2015) 36 d. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and Contractor shall return the funds to DSHS within 30 calendar days of the date of this written notice. e. DSHS may withhold all or part of any payments to Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to DSHS, or if financial status report(s) are not submitted by the due date(s). DSHS may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable Cost principles, Audit requirements and Administrative Requirements Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments OMB Circular A-87 (2 CFR, Part 225) OMB Circular A-133 and UGMS UGMS, OMB Circular A-102, and applicable Federal awarding agency common rule Educational institutions OMB Circular A-21 (2 CFR, Part 220) OMB Circular A-133 OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non -Profit Organizations OMB Circular A -I22 (2 CFR, Part 230) OMB Circular A-133 and UGMS UGMS; 0M13 Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 3 I, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency OMB Circular A- 133 and UGMS UGMS and applicable Federal awarding agency common rule A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at http:/:vANw.dshs.state.tx.us,contracts!links.shtm OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. The Contract will specify appropriate grant guidance. Section 24.02 Property Acquisitions. Department funds must not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property are not allowable. Subrecipient General Provisions (September 1, 2015) 37 Section 24.03 Cost Allocation Plan. a. Contractor shall implement and follow the applicable Cost Allocation Plan. b. Contractor shall submit a Cost AIlocation Plan on the format provided by DSHS to the Department's Contract Oversight and Support Section, at Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, or by email to: co,c 1p 1 d'h,..statc.t\.it, no later than the 60th calendar day after the effective date of the Contract, except when a Contractor has a current Cost Allocation Plan on file with the Department. If Contractor's plan is the same as the plan previously submitted to DSHS, by signing this Contract, Contractor certifies that its current Cost Allocation Plan for the current year is the same as the plan previously submitted. c. If the Cost Allocation Plan changes during the Contract term, Contractor shall submit a new Cost Allocation Plan to the Contract Oversight and Support Section ithin 30 calendar days after the effective date of the change. Section 24.04 Overtime Compensation. Except as provided in this section, Contractor shall be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the employee's normal rate of pay for hours worked in excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion of overtime only under the folio« ing conditions: a. With the prior written approval of DSHS; b. Temporarily, in the case of an emergency or an occasional operational bottleneck; c. When employees are performing indirect functions, such as administration, maintenance, or accounting; d. In performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or e. When lower overall cost to DSHS will result. Section 24.05 Independent Single or Program -Specific Audit. a. If Contractor within Contractor's fiscal year expends a total amount of at least $750,000 in federal funds awarded, Contractor shall have a single audit or program -specific audit in accordance with the 2 CFR § 200.501. The $750,000 federal threshold amount includes federal funds passed through by way of state agency awards. b. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in state funds awarded, Contractor must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. c. For-profit Contractors whose expenditures meet or exceed the federal and/or state expenditure thresholds stated above shall follow the guidelines in 2 CFR § 200.501 or UGMS, as applicable, for their program -specific audits. d. The 11-ISC Office of Inspector General (OIG) will notify Contractor to complete the Single Audit Status Registration Form. e. If Contractor fails to complete the Single Audit Status Form within 30 calendar days after notification by OIG to do so, Contractor shall be subject to DSHS sanctions and remedies for non- compliance with this Contract. Subrecipient General Provisions (September 1, 2015) 38 f. The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS, which is accessible through a web link on the DSHS website at http://w,mAA.dshs.state.tx.us/contracts/links.shtm. g. Contractor shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. Contractor, unless Contractor is a state governmental entity, shall competitively re -procure independent single audit services at least every six years. Section 24.06 Submission of Audit. Within thirty (30) calendar days of receipt of the audit reports required by the Independent Single or Program- Specific Audit section, Contractor shall submit one copy to the Department's Contract Oversight and Support Section, and one copy to the 010, at the following addresses: Department of State Health Services Contract Oversight and Support, Mail Code 1326 P.O. Box 149347 Austin, Texas 78714-9347 Health and Human Services Commission Office of Inspector General Compliance/Audit, Mail Code 1326 P.O. Box 85200 Austin, Texas 78708-5200 Electronic submission to DSHS should be addressed as follows: COSContractAdministration ci_dshs.statc.tx.us Electronic submission to HHSC should be addressed as follows: (Neenah. l'eamah a hhsc.state.t..us If Contractor fails to submit the audit report as required by the Independent Single or Program -Specific Audit section within thirty (30) calendar days of receipt by Contractor of an audit report, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. ARTICLE XXV INSURANCE AND BONDS Section 25.01 Insurance. In addition to the Insurance provision in Section 14.22 of the General Provisions, Contractor shall maintain insurance or other means of repairing or replacing assets purchased with Department funds. Contractor shall repair or replace with comparable equipment any such equipment not covered by insurance that is lost, stolen, damaged or destroyed. If any insured equipment purchased with DSHS funds is lost, stolen, damaged or destroyed, Contractor shall notify the contract manager assigned to this Contract within 5 business days of learning of the loss, to obtain instructions whether to submit and pursue an insurance claim. Contractor shall use any insurance proceeds to repair the equipment or replace the equipment with comparable equipment or remit the insurance proceeds to DSHS. Subrecipient General Provisions (September 1, 2015) 39 Section 25.02 Fidelity Bond. a. For the benefit of DSHS, Contractor is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under this Contract up to $100,000 that covers each employee of Contractor handling funds under this Contract, including person(s) authorizing payment of such funds. b. The fidelity bond or insurance must provide for indemnification of losses occasioned by any fraudulent or dishonest act or acts committed by any of Contractor's employees, either individually or in concert with others, and/or failure of Contractor or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of hisiher position or employment. The bond or insurance acquired under this section must include coverage for third party property. c. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the fidelity bond or insurance. Section 25.03 Liability Coverage. For the benefit of DSHS, Contractor shall at all times maintain liability insurance coverage, referred to in Tex. Gov. Code § 2261.102, as `'director and officer liability coverage.' or similar coverage for all persons in management or governing positions within Contractor's organization or with management or governing authority over Contractor's organization (collectively "responsible persons"). This section applies to entities that are organized as non-profit corporations under the Texas Non -Profit Corporation Act; for-profit corporations organized under the Texas Business Corporations Act; and any other legal entity. Contractor shall maintain copies of liability policies on site for inspection by DSHS and shall submit copies of policies to DSHS upon request. Contractor shall maintain liability insurance coverage in an amount not less than the total value of this Contract and that is sufficient to protect the interests of Department in the event an actionable act or omission by a responsible person damages Department's interests. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the insurance. ARTICLE XXVI TERMINATION, BANKRUPTCY AND CLOSEOUT Section 26.01 Final Budget Contractor shall submit an actual Budget to DSHS no later than sixty (60) days after the contract termination date or at the conclusion of all contract activities, whichever occurs first. The Budget shall be in a format prescribed by DSHS and shall be accompanied by a report of all activities performed under this Contract. Section 26.02 Bankruptcy. In the event of bankruptcy, Contractor shall sever Department property, equipment, and supplies in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Department, who may require that the property, equipment and supplies be returned to DSHS. Subrecipient General Provisions (September 1, 2015) 40 Section 26.03 Title to Property. At the expiration or termination of this Contact for any reason, title to any remaining equipment and supplies purchased with funds under this Contract reverts to Department. Title may be transferred to any other party designated by Department. The Department may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to Contractor. Section 26.04 Disposition of Property. a. Contractor shall follow the procedures in the American Hospital Association's (AHA) "Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract term, of equipment purchased with the Department funds, except when federal or state statutory requirements supersede or when the equipment requires licensure or registration by the state. or when the acquisition price of the equipment is equal to or greater than $5,000. b. All other equipment not listed in the AHA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than $5,000) will be controlled by the requirements of UGMS. c. If, prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had an acquisition price equal to or greater than $5,000, Contractor shall request disposition approval and instructions in writing from the contract manager assigned to this Contract. d. After an item reaches the end of its useful life, Contractor shall ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. Section 26.05 Closeout of Equipment. At the end of the term of a Contract that has no additional renewals or that will not be renewed (Closeout), or when a Contract is otherwise terminated, Contractor shall submit to the contract manager assigned to this, an inventory of equipment purchased with Department funds and request disposition instructions for such equipment. All equipment purchased with Department funds must be secured by Contractor at the time of Closeout, or termination of this Contract, and must be disposed of according to the Department's disposition instructions, which may include return of the equipment to DSHS or transfer of possession to another DSHS contractor, at Contractor's expense. ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE LAWS Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, will apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well as Office of Management and Budget (OMB) Circulars (as codified in Title 2 of the Code of Federal Regulations), the Uniform Grant and Contract Management Act of 1981 (UGMA), Tex. Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts, Texas Procurement and Support Services Division. UGMA and UGMS can be located through web links on the DSHS website at littp://w,v.w.dshs.state.tx.us contracts/l inks.shtm. Subrecipient General Provisions (September 1, 2015) 41 Contractor also shall comply with all applicable federal and state assurances contained in the Uniform Grant Management Standards. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Policy Statement, both of which may be located through web links on the DSHS website at lute:,.dshs.state. tx_us.°contractsflinks.shtm For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Subrecipient General Provisions (September 1, 2015) 47 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 20, 2015 Second Reading Ordinance for the City Council Meeting of October 27, 2015 DATE: TO: September 29, 2015 Ronald L. Olson, City Manager THRU: Margie Rose, Deputy City Manager MargieR@cctexas.com 361.826.3220 Annette Rodriguez, Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000, and appropriation of the funds for the contract period October 1, 2015 through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000, from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the contract period October 1, 2015, through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. PURPOSE: To provide funding for the Health Department to implement targeted and evidence -based community systems and environmental change strategies that address one or more of the following Texas Healthy Communities (TXHC) Priority Indicators: Indicator 1: Physical Activity Indicator 2: Nutrition Indicator 3: Breastfeeding Indicator 4: Schools Indicator 5: Worksites Indicator 6: Comprehensive Tobacco Control Indicator 7: Cardiac and Stroke Response Indicator 8: Health Care Quality The Health Department will also work with a local public/private planning group to plan and implement the identified strategies. BACKGROUND AND FINDINGS: The following performance measures will be used to assess, in part, the Health Department's effectiveness in providing services required by the grant: 1. Develop, complete and submit a Project Work Plan in conjunction with DSHS. The Work plan must include objectives with supporting activities that address indicators identified in the FY 2015 TXHC assessment as needing improvement. A Project Work Plan Draft must be submitted, reviewed and approved by DSHS prior to the final version submission date. The Project Work Plan draft must be submitted to DSHS on or before October 15, 2015 and the final Project Work Plan submission is due to DSHS on or before October 30, 2015. 2. Develop and submit an Evaluation Plan to DSHS. An Evaluation Plan Draft must be reviewed and approved by DSHS prior to the final version submission date. The Evaluation Plan Draft must be submitted on or before November 16, 2015 and the final Evaluation Plan version is due to DSHS on or before November 30, 2015. 3. Submit an Interim Progress Report Draft to DSHS for review on or before March 17, 2016. The Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. Submission of the final Interim Report must fully address any feedback from DSHS based on the draft Interim Report and must be submitted on or before March 31, 2016. 4. Conduct, complete and submit the Texas Healthy Communities Assessment Draft in the Performance Management and Tracking System by May 16, 2016. DSHS will review and approve Draft submission prior to submission of final report in Performance Management and Tracking System (PMATS) on or before May 29, 2016. 5. Submit a Final Progress Report Draft to DSHS for review and approval on or before August 31, 2016. Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers/lessons learned. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 14, 2016. 6. Participate in twelve (12) monthly feedback calls (monthly project status reports) with DSHS Program to be conducted on or before the following dates: October 31st, November 28th, December 31st, January 30th, February 27th, March 31st, April 30th, May 29th, June 30th, July 31st, August 31st, and September 30th. Contractor will submit written monthly reports as directed by DSHS. ALTERNATIVES: Refuse the grant and not provide the services required under the grant. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: Operating Revenue Capital Not applicable Fiscal Year: 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $50,000 $50,000 BALANCE $50,000 $50,000 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract to begin September 1, 2015. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Contract No. 2016-003808-00 Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000, from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the contract period October 1, 2015, through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. 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 and appropriate a total grant amount of $50,000, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of October 1, 2015 through September 30, 2016, to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators, which include: Indicator 1: Physical Activity Indicator 2: Nutrition Indicator 3: Breastfeeding Indicator 4: Schools Indicator 5: Worksites Indicator 6: Comprehensive Tobacco Control Indicator 7: Cardiac and Stroke Response Indicator 8: Health Care Quality. Section 2: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 3: Further the City Council ratifies acceptance of the grant to begin as of October 1, 2015. A copy of the executed grants 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 , 2015, by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor DEPARTMENT OF STATE HEALTH SERVICES CONTRACT 2016-003808-00 This 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 (Contractor), a Governmental, (collectively, the Parties) entity. 1. Purpose of the Contract: DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations. 2. Total Amount: The total amount of this Contract is $50,000.00. 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 10/01/2015 and ends on 09/30/2016. DSHS has the option, in its sole discretion, to renew the Contract. 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: As applicable, DSHS enters into this Contract under the authority of Texas Health and Safety Code Chapters 12 or 1001 or Texas Government Code Chapters 531, 771, 791 or 2155. 6. Program Name: HPCDP/TXHC Texas Healthy Communities Page 1 of 10 7. Statement of Work: The Texas Department of State Health Services (DSHS) will contract to implement targeted, evidence -based community systems and environmental change strategies that address one or more of the following Texas Healthy Communities (TXHC) Priority Indicators: Indicator 1: Physical Activity Indicator 2: Nutrition Indicator 3: Breastfeeding Indicator 4: Schools Indicator 5: Worksites Indicator 6: Comprehensive Tobacco Control Indicator 7: Cardiac and Stroke Response Indicator 8: Health Care Quality Contractor will work with a local publiclprivate planning group to plan and implement the identified strategies. Contractor will provide DSHS staff with monthly project status reports, via telephone call on the dates listed in Section 11, Performance Measures of this Program Attachment (unless otherwise agreed to in writing by DSHS), to discuss the following: 1) Implementation status, 2) barriers and methods to address those barriers, 3) opportunities to enhance the activities, 4) lessons learned, and 5) next steps. Other calls may be added, as appropriate, with Contractor and DSHS Program staff. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below what is projected in Contractor's total Program Attachment amount, Contractor's budget may be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. Contractor agrees to read DSHS Contractor Financial Procedures Manual (CFPM) and work with DSHS staff regarding the management of funds received under this Contract. http://wwvv.dshs.state.tx.us/contracts/cfpm.shtm. SECTION II. PERFORMANCE MEASURES: The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this Program Attachment, without waiving the enforceability of any of the other terms of the Program Attachment. Contractor shall: 1. Develop, complete and submit a Project Work Plan in conjunction with DSHS. The Work plan must include objectives with supporting activities that address indicators identified in the FY 2015 TXHC assessment as needing improvement. A Project Work Pian Draft must be submitted, reviewed and approved by DSHS prior to the final version submission date. The Project Work Plan draft must be submitted to DSHS on or before October 15, 2015 and the final Project Work Plan submission is due to Page 2 of 10 DSHS on or before October 30, 2015. 2. Develop and submit an Evaluation Plan to DSHS. An Evaluation Plan Draft must be reviewed and approved by DSHS prior to the final version submission date. The Evaluation Plan Draft must be submitted on or before November 16, 2015 and the final Evaluation Plan version is due to DSHS on or before November 30, 2015. 3. Submit an Interim Progress Report Draft to DSHS for review on or before March 17, 2016. The Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. Submission of the final Interim Report must fully address any feedback from DSHS based on the draft Interim Report and must be submitted on or before March 31, 2016. 4. Conduct, complete and submit the Texas Healthy Communities Assessment Draft in the Performance Management and Tracking System by May 16, 2016. DSHS will review and approve Draft submission prior to submission of final report in Performance Management and Tracking System (PMATS) on or before May 29, 2016. 5. Submit a Final Progress Report Draft to DSHS for review and approval on or before August 31, 2016. Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers/lessons learned. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 14, 2016. 6. Participate in twelve (12) monthly feedback calls (monthly project status reports) with DSHS Program to be conducted on or before the following dates: October 31st, November 28th, December 31st, January 30th, February 27th, March 31st, April 30th, May 29th, June 30th, July 31st, August 31st, and September 30th. Contractor will submit written monthly reports as directed by DSHS. SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment monthly, using the State of Texas Purchase Voucher (Form B-13), even if no funds are expended in a particular month, and including acceptable supporting documentation for reimbursement of the required services/deliverables. The B-13 can be found at the following link: http:Ilwww.dshs.state.tx.us/grants/forms/bl3form.doc . Vouchers and supporting documents should be mailed or submitted by fax or electronic mail to the addresses/number below. Department of State Health Services Claims Processing Unit, MC1940 PO Box 149347 Austin, TX 78714-9347 The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the Claims Processing Unit is (512) 776-7442. The email address is invoices©dshs.state.tx.us. Page 3 of 10 8. Service Area Nueces County Page 4 of 10 This section intentionally left blank. Page 5of10 10. Procurement method: Non -Competitive Interagency/Interlocal GST -2016 -Solicitation -00014 DCPS FY16 HPCDP/TXHC New 2016 11. Renewals: Number of Renewals Remaining: 0 Date Renewals Expire: 09/30/2016 12. Payment Method: Cost Reimbursement 13. Source of Funds: 93.991 14. DUNS Number: 069457786 Page 6 of 10 15. Programmatic Reporting Requirements: Report Name Project Work Plan Evaluation Plan Interim Progress Report Texas Healthy Communities Assessment Report Final Progress Report Financial Status Report (FSR) Financial Status Report (FSR) Financial Status Report (FSR) Financial Status Report (FSR) Frequency Nonrecurring Nonrecurring Nonrecurring Nonrecurring Nonrecurring Quarterly Quarterly Quarterly Final Submission Instructions: Period Begin 10/01/2015 10/01/2015 10/1/2015 01/01/2016 04/01/2016 07/01/2016 Period End 03/15/2016 08/31/2016 12/31/2015 03/31/2016 06/30/2016 09/30/2016 Due Date 10/30/2015 11/30/2015 03/31/2016 05/29/2016 09/14/2016 01/07/2016 04/07/2016 07/07/2016 11/15/2016 Contractor shall submit all programmatic reports, documentation, and other information as required to the following electronic email address: TXHC@dshs.state.tx.us. Programmatic reports include: Project Work Plan, Evaluation Plan, Interim Progress Report and Final Progress Report. Texas Healthy Communities Assessment will be entered into Performance Management and Tracking System (PMATS). Financial Status Reports shall be submitted to invoices@dshs.state.tx.us. Page 7 of 10 16. Special Provisions SECTION VIII. SPECIAL PROVISIONS: General Provisions, Article XIV, General Terms, Section 14.12, Amendment, is amended to include the following: Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this program attachment. Page 8 of 10 17. Documents Forming Contract. The Contract consists of the following: a. Contract (this document) 2016-003808-00 b. General Provisions Subrecipient General Provisions c. Attachments Budget d. Declarations e. Exhibits Certification Regarding Lobbying, Fiscal Federal Funding Accountability and Transparency Act (FFATA) Certification 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. 18. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Contract, then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 19. 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 Vendor Identification Number: 17460005741 20. 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. I certify that I am authorized to sign this document and I have read and agree to all parts of the contract, Department of State Health Services By: Signature of Authorized Official Date Corpus Christi-Nueces County Public Health District By: Signature of Authorized Official Date Name and Title Name and Title 1100 West 49th Street Address Address Austin, TX 78756-4204 City, State, Zip City, State, Zip Telephone Number Telephone Number E-mail Address E-mail Address Ap oved as to 41/ istant it ~A rney r City Attorney t 1l15 Page 9 of 10 Budget Summary Organization Name: Corpus Christi-Nueces County Program ID. HPCDPITXHC Public Health District Contract Number: 2016-003808-00 Budget Categories Budget Categories DSHS Funds Requested Cash Match In Kind Match Contributions Category Total Personnel $31,200.00 $0.00 $0.00 $31,200.00 Fringe Benefits $14,976.00 $0.00 $0.00 $14,976.00 Travel $1.470.00 $0.00 $0.00 $1,470.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies $2,354.00 $0.00 $0.00 $2,354.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 Total Direct Costs $50,000.00 $0.00 $0.00 $50,000.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $50,000.00 $0.00 $0.00 $50,000.00 Page 10 of 10 TEXAS DEPARTMENT OF STATE HEALTH SERVICES CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief that: (1) No federal appropriated funds ha%e been paid or ++ill be paid, by o r on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the a++arding of' any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract. grant, loan, or cooperative agreement. (2) 1f any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit, an officer or employee of congress, or an employee of a member of congress in connection with this Standard Form -I I, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperati'.e agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon tithich reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not Tess that 510,000 and not more than 5100,000 for each such failure. Signature Dale Print Name of Authorized Individual poi .°C)3?Osii--cD Application or Contract Number Organization Name CSCU # EF29-12374 - Revised 2/2006 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting Information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that It will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained In this section, Signor must provide written notice to DSHS detailing whkh of the below statements It cannot certify and why. Legal Name of Contractor: Corpus Christi Nueces County Public Health District FFATA Contact # 1 Name, Email and Phone Number: Constance Sanchez Constancep@cctexas.com 361-826-3227 Primary Address of Contractor: 1702 Horne Road Corpus Christi, Texas 78416 FFATA Contact #2 Name, Email and Phone Number: Siandina Costley Blandinac@cctexas.com 361-826-7252 ZIP Code: 9 -digits Required www.usps.com DUNS Number: 9 -digits Required www.sarn.Rov 7 8 4 I 1 6 -I 1 I 016_ 9 4 5171718 6 State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits 11 7 4 6 0 0 0 5 7 4 1 0 2 7 I Printed C Name of Authorized Representative nstance P. Sanchez Signature of Authorized Representative attottbk, l - ---- Title of Authorized Representative Director of Finance for City of Corpus Christi Date 07-10-15 -1- Department of State Health Services Form 4734 — June 2013 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, 1 hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from ail sources, of less than $300,000 in your previous tax year? ❑ Yes fC No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes 121 No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes 1No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John Blum:500000;Mary Redd:50000;Eric Gant:400000; Todd Plott:300000; Sally Tom:300000 Provide compensation information here: -2.- Departrnant of Stake Health Services Form 4734 -- June 2013 Fiscal Year 2016 Department of State Health Services Contract General Provisions ARTICLE 1 CONTRACT COMPONENTS 4 SECTION 1.01 CONTRACT COMPONENTS 4 SECTION 1.02 ORDER OF PRECEDENCE 4 ARTICLE 1I COMPLIANCE AND REPORTING 4 SECTION 2.01 CoalrunticE 4 SECTION 2.02 PRECEDENCE OF CONTRACT TERMS 4 SECTION 2.03 EFFECT OF LEGISLATIVE CHANGES 4 SECTION 2.04 COMPLIANCE WITH REQUIREMENTS OF SOLICITATION DOCUMENT 4 SECTION 2.05 REPORTING 4 SECTION 2.06 APPLICABLE CONTRACTS LAW AND VENUE FOR DISPUTES 4 SECTION 2.07 STATUTES AND STANDARDS OF GENERAL APPLICABILITY 4 SECTION 2.08 APPLICABILITY OF GENERAL PROVISIONS TO INTERAGENCY AND INTERLOCAL CONTRACTS 6 SECTION 2.09 CIVIL RIGHTS POLK'S AND COMPLAINTS 7 SECTION 2.10 LICENSES, CERTIFICATIONS, PERMITS, REGISTRATIONS AND APPROVALS 7 SECTION 2.11 FUNDING OBLIGATION 7 SECTION 2.12 W111STLEBLOWER ACT PROTECTION 7 ARTICLE 111 SERVICES 7 SECTION 3.01 EDUCATION TO PERSONS IN RESIDENTIAL FACILITIES 7 SECTION 3.02 DIsASTER SERVI( Es 8 SECTION 3.03 CONSENT TO MEDIC AL CARE OF A MINOR 8 SECTION 3.04 TELE\IEDICINEITELEPSYCHIATRYMEDICAL SERVICES 8 SECTION 3.05 SERA B ES AND INFORMATION FOR PERSONS ll1TH LIMITED ENGLISH PROFICIENCY 9 ARTICLE IV FUNDING 9 SECTION 4.01 DEBT TO STATE AND CORPORATE STAR S 9 SECTION 4.02 APPLICATION OF PAYMENT DUE 9 ARTICLE V PAYM ENT METHODS AND RESTRICTIONS 9 SEcrioN 5.01 PAYMENT METHODS 9 SECTION 5.02 INVOICE/BILLING SUBMISSION 9 SECTION 5.03 FsNAL INN OIC'EIB1LLING SUBMISSION 10 SECTION 5.04 THIRD PARTY PAYORS 10 ARTICLE VI TERMS AND CONDITIONS OF PAYMENT 10 SECTION6.01 PROMPT PAYMENT 10 SECTION 6.02 PAYMENT BY DErARTMENT 10 SECTION 6.03 WITHHOLDING PAYMENTS 11 ARTICLE VII CONFIDENTIALITY 11 SECTION 7.01 MAINTENANCE OFCONFIDENTIALITY 11 SECTION 7.02 DErARTAI ENT ACC ESS TO PH 1 AND OTHER CONFIDENTIAL INFORMATION 11 SECTION 7.03 EXCHANGE OFCLIENT-IDENTIFl INC INFORMATION 11 SECTION 7.04 SECURITY OF PATIENT OR CLIENT RECORDS 11 SECTION 7.05 HIV/AIDS MODEL WORKPLACE GI'IDELINES 12 General Provisions (September 1, 2015) -- Applicable to Local Health Departments Only ARTICLE VIII PUBLIC INFORMATION ACT 12 SECTION 8.01 TEXAS PUBLIC INFORMATION ACT 12 ARTICLE IX RECORDS RETENTION 12 SECTION 9.01 RETENTION 12 ARTICLE X ACCESS, INSPECTION AND AUDIT OF RECORDS 12 SECTION 10.01 ACCESS AND INSPECTION 13 SECTION 10.02 STATE AUDITOR'S OFFICE 13 SECTION 10.03 RESPONDING TO DEFICIENCIES 13 ARTICLE XI REPORTING REQUIREMENTS 13 SECTION 11.01 CHILD ABUSE REPORTING REQI°IRE.IENT 13 SECTION 11.02 SIGNIFICANT INCIDENTS 14 SECTION 11.03 LITIGATION 14 SECTION 11.04 CONTRACT OR LICENSE ACTION AGAINST TIIE CONTRACTOR 14 SECTION 11.05 INSOLVENCY 14 SECTION 11.06 PERFORMANCE MALFEASANCE 14 SECTION 11.07 CR1111INAL ACTIVITY AND DISCIPLINARY ACTION 15 SECTION 11.08 RETALIATION PROHIBITED 15 SECTION 11.09 Docij1ENTATION 15 ARTICLE XI] ASSURANCES AND CERTIFICATIONS 15 SECTION 12.01 CERTIFICATION 15 SECTION 12.02 CHILD SUPPORT DELINQL ENCIES 16 SECTION 12.03 AUTHORIZATION 16 SECTION 12.04 GIFTS AND BENEFITS PROIIIBITED 16 SECTION 12.05 INELIGIBILITY TO RECEI► E THE CONTRACT 16 SECTION 12.06 ANTITRUST 17 ARTICLE XIII GENERAL BUSINESS OPERATIONS OF CONTRACTOR 17 SECTION 13.01 PROGRAM SITE 17 SECTION 13.02 HISTORICALLY UNDERUTILIZED BLSIN ESSES(HUBS) 17 SECTION 13.03 BUY TEXAS 17 SECTION 13.04 STATUS OF SUBCONTRACTORS 17 SECTION 13.05 INDEPENDENTCONTRACTOR 18 SEcrioN 13.06 TAX LIABILITY 18 SECTION 13.07 NOTICE OF ORGANIZATIONAL CHANGE 18 SECTION 13.08 No ENDORSEMENT 18 SECTION 13.09 E -VERIFY SYSTEM 18 ARTICLE XIV GENERALTERMS 18 SECTION 14.01 ASSIGNMENT 18 SECTION 14.02 LOBBYING 19 SECTION 14.03 CONFLICT OF INTEREST 19 SECTION 14.04 TRANSACTIONS BETWEEN RELATED PARTIES 20 SECTION 14.05 INTELLECTUAL PROPERTY 20 SECTION 14.06 OTHER INTANGIBLE PROPERTY 21 SECTION 14.07 SEVERABILITY AND AMBIGUITY 21 SECTION 14.08 LEGAL NOTICE 21 SECTION 14.09 SUCCESSORS 21 SECTION 14.10 SURVIVABILITY OF TERMS 21 General Provisions (September 1, 2015) - Applicable to Local Health Departments Only 2 SECTION 14.11 SECTION 14.12 SECTION 14.13 SECTION 14.14 SECTION 14.15 SECTION 14.16 SECTION 14.17 SECTION 14.18 SECTION 14.19 SECTION 14.20 SECTION 14.21 SECTION 14.22 ARTICLE XV SECTION 15.01 SECTION 15.02 SECTION 15.03 SECTION 15.04 ARTICLE XVI SEcrioN 16.01 SEcrioN 16.02 SECTION 16.03 ARTICLE XVII SECTION 17.01 SECTION 17.02 SECTION 17.03 SECTION 17.04 SECTION 17.05 SECTION 17.06 ARTICLE XVIII SECTION 18.01 SECTION 18.02 SECTION 18.03 ARTICLE XIX SECTION 19.01 SECTION 19.02 SECTION 19.03 SECTION 19.04 SECTION 19.05 CUSTOMER SERVICE INFORMATION 21 ANIENDMENT 21 CONTRACTOR'S NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL 21 UNILATERALAMENDMEVT 21 INTERIM EXTENSIONAMENDMENT 22 IMMUNITY NOT WAIVED 22 HOLD HARMLESS AND INDEMNIFICATION 22 WAIVER 22 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY AND SECURITI STANDARDS 22 FORCE MAJEURE 24 COOPERATION AND COa1MUNICATION 24 INSURANCE 24 BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE 25 ACTIONS CONSTITUTING BREACH OF CONTRACT 25 GENERAL REMEDIES AND SANCTIONS 25 NOTICE OF REMEDIES OR SANCTIONS 26 EMERGENCY ACTION 26 CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE 27 BREACH OF CONTRACT CLAIM 27 NOTICE 27 PERFORMANCE NOT SUSPENDED 27 TERMINATION AND TEMPORARY SUSPENSION 27 EXPIRATION OF CONTRACT OR PROGRAM ATTACHMENTS 27 EFFECT OF TERMINATION OR EXPIRATION 27 TERMINATION OR TEMPORARY SUSPENSION WITHOUT CAUSE 27 IMMEDIATE TERMINATION 28 TERMINATION FOR CAUSE 28 NOTICE OF TERMINATION 28 VOID, SUSPENDED AND TERM INATED CONTRACTS 28 VOID CONTRACTS 28 EFFECT OF VOID, SUSPENDED, OR INVOLUNTARILY TERMINATED CONTRACT 28 APPEALS RIGI rrS FOR DSHS FUNDED BLOCK GRANTS 28 CLOSEOUT 28 CESSATION OF SERVICES AT CLOSEOUT 28 ADMINISTRATIVE OFFSET 29 DEADLINE FOR CLOSEOUT 29 PAYMENT OF REFUNDS 29 DISALLOWANCES AND ADJUSTMENTS 29 General Provisions (September 1, 2015) - Applicable to Local Health Departments Only 3 ARTICLE I CONTRACT COMPONENTS Section 1.01 Contract Components. As used in herein, the "Contract" consists of the following documents: a. The Contract, including any applicable Program Attachment(s); The Department of State Health Services Fiscal Year 2016 General Provisions (General Provisions) and if applicable; c. The solicitation document, if applicable; and d. The response, proposal or application submitted by Contractor in response to the solicitation document, if applicable. Section 1.02 Order of Precedence. To the extent that there is any conflict between the terms of any contract component document, the conflict shall be resolved in the above order of priority in Section 1.01. ARTICLE II COMPLIANCE AND REPORTING Section 2.01 Compliance. Contractor shall comply and require its subcontractor(s) to comply with the requirements of these general provisions and all other applicable state and federal statutes, regulations, rules and executive orders, as such statutes, regulations, rules and executive orders including as such statutes, regulations, rules and executive orders may be amended. Section 2.02 Precedence of Contract Terms. To the extent this Contract imposes a higher standard or additional requirements beyond those required by applicable statutes, regulations, rules or executive orders, the terms of this Contract shall take precedence and control. Section 2.03 Effect of Legislative Changes. Contractor agrees that upon notification from Department of State Health Services (DSHS or Department) Contractor shall comply with any changes to the term of the contract include in its contracts that are a result of legislation during the term of this Contract. Section 2.04 Compliance with Requirements of Solicitation Document. If applicable and except as specified in these General Provisions or the Contract's terms, the Contractor shall comply with the requirements, eligibility conditions, assurances, certifications and program requirements of the Solicitation Document for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon Contractor's response to the Solicitation Document The Parties agree that any misrepresentation contained in Contractor's response to the Solicitation Document constitutes a breach of this Contract and may result in termination. Section 2.05 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and provided for in the Contract and in these General Provisions. Except as otherwise provided for in this Contract or General Provisions, the Contractor shall submit reports to the assigned contract manager. Contractor shall also provide any other information requested by the Department in the format required by DSHS. Failure to submit any required report or additional requested information by the due date specified in the contract or upon request may constitute a breach of contract, result in delayed payment and/or the imposition of sanctions and remedies. And failure to comply with a reporting requirement may adversely affect evaluation of Contractor's ability to contract in the future with the Department. Section 2.06 Applicable Contracts Law and Venue for Disputes. Except as provided for in Article XV, all issues related to this contract, including formation, performance and interpretation that may arise in any dispute between the Parties, shall be governed by and construed in accordance with the laws of the State of Texas and venue shall be in Travis County, Texas. Section 2.07 Statutes and Standards of General Applicability. Contractor is responsible for reviewing and complying with all applicable statutes, rules, regulations, executive orders and policies. To the extent applicable General Provisions (September 1, 2015) - Applicable to Local Health Departments Only 4 to Contractor, Contractor shall comply with the following: a. Statutes, rules, regulations, and DSHS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or limitation of participation in programs, benefits or activities or denial of any aid, care, service or other benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: 1. Title VI of the Civil Rights Act of 1964, 42 USC §§ 2000d et seq.; 2. Title IX of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686; 3. Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); 4. Americans with Disabilities Act of 1990, 42 USC §§ 12101 et seq.; 5. Age Discrimination Act of 1975, 42 USC §§ 6101-6107; 6. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC § 290dd (b)(1); 7) 45 CFR Parts 80, 84, 86 and 91; 7. U.S. Department of Labor, Equal Employment Opportunity E.O. 11246; 8. Tex. Labor Code Chapter 21; 9. Food Stamp Act of 1977 (7 USC §§ 2011 et seq.); 10. Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; 11. Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1101 et seq., relating to drug abuse; 12. Public Health Service Act of 1912, §§ 523 and 527, 42 USC § 290dd-2, and 42 CFR pt. 2, relating to confidentiality of alcohol and drug abuse patient records; 13. Title VIII of the Civil Rights Act of 1968, 42 USC §§ 3601 et seq., relating to nondiscrimination in housing; and 14. DSHS Policy AA -5018, Non-discrimination Policy for DSHS Programs; b. Immigration Reform and Control Act of 1986, 8 USC § 1324a, and Immigration Act of 1990, 8 USC 1101 et seq., as amended by Public Lawl 13-4 (March 7, 2013), regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; c. Pro -Children Act of 1994, 20 USC §§ 6081-6084, and the Pro -Children Act of 2001, 20 USC § 7183, regarding the non-use of all tobacco products; d. National Research Service Award Act of 1971, 42 USC §§ 289a-1 et seq., and 6601 (P.L. 93-348 and P.L. 103-43), regarding human subjects involved in research; e. Hatch Political Activity Act, 5 USC §§ 1501-1508 and 7324-26, which limits the political activity of employees whose employment is funded with federal funds; f. Fair Labor Standards Act, 29 USC §§ 201 et seq., and the intergovernmental Personnel Act of 1970, 42 USC §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; g. Texas Government Code Chapter 469 pertaining to eliminating architectural barriers for persons with disabilities; h. Texas Workers' Compensation Act, Texas Labor Code Chapters 401-406, and 28 Texas Administrative Code (TAC) pt. 2, regarding compensation for employees' injuries; i. The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the regulation and certification of clinical laboratories; j. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin Code Chapter 96 regarding safety standards for handling blood borne pathogens; k. Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; 1. Environmental standards pursuant to the following: I . Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" General Provisions (September 1, 2015) - Applicable to Local Health Departments Only 5 2. Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;" 3. Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4. Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg. 26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234); 5. Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; 6. Federal Water Pollution Control Act, 33 USC §§ 1251 et seq.; 7. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f -300j; 8. Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§ 1531 et seq.; 9. Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC §§ 7401 et seq.; 10. Wild and Scenic Rivers Act of 1968, 16 USC §§ 1271 et seq., related to protecting certain river systems; and m. Lead -Based Paint Poisoning Prevention Act, 42 USC §§ 4821 et seq., prohibiting the use of lead-based paint in residential construction or rehabilitation; n. Intergovernmental Personnel Act of 1970, 42 USC §§ 4278-4763, regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration, 5 CFR Part1200 et seq; o. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of, 42 USC §§4601 et seq (PL 91-646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs; p. Davis -Bacon Act, 40 USC §§ 3141-3148; q. Copeland Act, 40 USC §§ 276c and 18 USC § 874; r. Contract Work Hours and Safety Standards Act, 40 USC § 3702 et seq., regarding labor standards for federally -assisted construction subagreements; s. National Historic Preservation Act of 1966, § 106, 16 USC § 470; Executive Order 11593; and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1 et seq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; t. Trafficking Victims Protection Act of 2000, Section 106(g) (22 USC § 7104); u. Executive Order 135 i 3 (Oct. 1, 2009), Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of this Contract; v. Whistleblower Protection Enhancement Act (5 U.S.C. 2302(b)(8)) and Texas Whistleblower Act (Tex. Gov. Code Chapter 554); and w. Requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. Section 2.08 Applicability of General Provisions to Interagency and Interlocal Contracts. a. The following sections or portions of sections of these General Provisions shall not apply to Interagency Cooperation Contracts (Texas Government Code 771) or Interlocal Cooperation Contracts (Texas Government Code Chapter 791): 1. Hold Harmless and Indemnification, Section 14.17; 2. Independent Contractor, Section 13.05; 3. Historically Underutilized Businesses (HUBs), Section 13.02 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity; 4. Debt to State and Corporate Status, Section 4.01; General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 6 5. Application of Payment Due, Section 4.02; and 6. Article XVI Claims against the Department. b. The following additional provisions shall apply to Interlocal Cooperation Contracts: 1. Payments made by DSHS to Contractor shall be from current revenues available to DSHS; and 2. Each Party represents that it has been authorized to enter into this Contract. Section 2.09 Civil Rights Policy and Complaints. Upon request, Contactor shall provide the Health and Human Services Commission (HHSC) Civil Rights Office with copies of all Contractor's civil rights policies and procedures. Contractor shall notify HHSC's Office of Civil Rights of any civil rights complaints received relating to performance under this Contract no more than ten calendar days after Contractor's receipt of the claim. Notice must be directed to: Civil Rights Office Health and Human Services Commission 701 W. 51" Street, Mail Code W206 Austin, Texas 78751 (888) 388-6332 or 512-438-4313 TTY Toll-free (877) 432-7232 I-11-1SCivi1 RightsOff iccOhhscstate.tx.us Section 2.10 Licenses, Certifications, Permits, Registrations and Approvals. Contractor shall obtain and maintain all applicable licenses, certifications, permits, registrations and approvals to conduct its business and to perform the services under this Contract. Failure to obtain or any revocation, surrender, expiration, non -renewal, inactivation or suspension of any such license, certification, permit, registration or approval constitutes grounds for termination of this Contract or other remedies the Department deems appropriate. Contractor shall ensure that all its employees, staff and volunteers obtain and maintain in active status all licenses, certifications, permits, registrations and approvals required to perform their duties under this Contract and shall prohibit any person who does not hold a current, active required license, certification, permit, registration or approval from performing services under this Contract. Section 2.11 Funding Obligation. This Contract is contingent upon the 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 of 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. Notice of any restriction or reduction shall include instructions and detailed information on how DSHS shall fund the services and/or goods to be procured with the restricted or reduced funds. Section 2.12 Whistleblower Act Protection. This Contract is required to include the Whistleblower Protection Acts (See Section 2.07(v)) protections to grantees, their subgrantees and subcontractors, and contractor must inform their employees of whistleblowers' rights and remedies. The requirement is in effect for all grants, contracts, subgrants, and subcontractors issued beginning July 1, 2013 through January 1, 2017. ARTICLE III SERVICES Section 3.01 Education to Persons in Residential Facilities. If applicable, Contractor shall ensure that all persons, who are housed in Department -licensed and/or -funded residential facilities and are 22 years of age or younger, have access to educational services as required by Texas Education Code § 29.012. General Provisions (September i, 2015) -- Applicable to Local Health Departments Only 7 Contractor shall notify the local education agency or local early intervention program as prescribed by this Section not later than the third calendar day after the date a person who is 22 years of age or younger is placed in Contractor's residential facility. Section 3.02 Disaster Services. In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Contractor may be called upon to assist DSHS in providing services, as appropriate, in the following areas: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. 1n -hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; I. Public health information; m. Vector control and veterinary services; and n. Victim identification and mortuary services. Contractor shall carry out disaster services in the manner most responsive to the needs of the emergency, in the most cost-effective, and least intrusive manner to Contractor's primary services. Section 3.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental, psychological or surgical treatment to a minor under this Contract, either directly or through contracts with subcontractors, Contractor shall not provide treatment of a minor unless informed consent to treatment is obtained pursuant to Texas Family Code Chapter 32 relating to consent to treatment of a child by a non -parent or the child or other state law. If requirements of federal law relating to consent directly conflict with this Chapter, then federal law supersedes state law. Section 3.04 Telemedicine/Telepsychiatry Medical Services. If applicable, the Contractor shall ensure that if Contractor or its subcontractor uses telemedicineltelepsychiatry that the services are implemented in accordance with written procedures and using a protocol approved by Contractor's medical director and using equipment that complies with the equipment standards as required by the Department. Procedures for providing telemedicine service must include the following requirements: a. Clinical oversight by Contractor's medical director or designated physician responsible for medical leadership; b. Contraindication considerations for telemedicine use; c. Qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d. Safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e. Use by credentialed licensed providers providing clinical care within the scope of their licenses; f. Demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g. Priority in scheduling the system for clinical care of individuals; h. Quality oversight and monitoring of satisfaction of the individuals served; and General Provisions (September 1, 2015) _, Applicable to Local Health Departments Only 8 i. Management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under 25 TAC Rule § 448.911. Section 3.05 Services and Information for Persons with Limited English Proficiency. a. Contractor shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. b. Contractor shall identify and document on the client records the primary language 'dialect ofa client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services ofa translator or interpreter. c. Contractor shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. ARTICLE IV FUNDING Section 4.01 Debt to State and Corporate Status. a. Pursuant to Texas Government Code § 403.055, the Department shall not approve and Texas Comptroller of Public Accounts shall not issue payment to Contractor if Contractor is indebted to the State for any reason, including a tax delinquency. b. Contractor, if a corporation, certifies by execution of this Contract that it is current and shall remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Texas Tax Code §§ 171.001 et seq.). As a corporation, this Contractor further certifies that it is and shall remain in good standing with the Secretary of State's office. c. A false statement regarding franchise tax or corporate status is a material breach of this Contract. If franchise tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full. Section 4.02 Application of Payment Due. Contractor agrees that any payments due under this Contract shall be applied towards any debt of Contractor, including but not limited to delinquent taxes and child support that is owed to the State of Texas. ARTICLE V PAYMENT METHODS AND RESTRICTIONS Section 5.01 Payment Methods. Except as otherwise provided by the provisions of this Contract, the payment method is based on a unit rate (fixed price or a specified) or fee for service (delivery ofa specified unit of service) as stated in the Contract. Section 5.02 InvoiceBilling Submission. General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 9 a. Contractor shall bill the Department in accordance with the Contract in the form and format prescribed by DSHS. If applicable, the Contractor must submit of all required documentation, reports, forms and/or deliverables in order to receive payment from the Department. b. Unless otherwise specified in the Contract or permitted under the Third Party Payors (See Section 5.04 below), Contractor shall submit requests for payment monthly by the last business day of the month following the end of the month covered by the bill. c. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. Section 5.03 Final InvoiceBilling Submission. Unless otherwise provided by the Department, Contractor shall submit a reimbursement or payment request as a final close-out bill not later than 45 calendar days following the end of the term of the Contract. Section 5.04 Third Party Payors. Except as provided in this Contract, Contractor shall screen all clients and may not bill the Department for services eligible for reimbursement from third party payors, who are any person or entity who has the legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carriers, Medicaid, or other federal, state, local and private funding sources. As applicable, the Contractor shall: a. Enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs and bill those programs for the covered services; b. Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; c. Allow clients that are otherwise eligible for Department services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the Department for the deductible; d. Not bill the Department for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; e. Maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; f. Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department; and g. Provide third party billing functions at no cost to the client. ARTICLE VI TERMS AND CONDITIONS OF PAYMENT Section 6.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department shall pay Contractor. Payments are contingent upon a signed Contract and shall not exceed the total amount of authorized funds under this Contract. Contractor is entitled to payment only if the service, work, andlor product has been authorized by the Department and performed or provided pursuant to this Contract. If these conditions are met, Department shall make payment in accordance with the Texas Prompt Payment Act (Texas Government Code Chapter 2251). Contractor acknowledges and agrees that it shall comply with the provisions in the Texas Prompt Payment Act regarding its prompt payment of its financial obligations to its subcontractors. Section 6.02 Payment by Department. Payment of invoices by the Department shall not constitute acceptance or approval of Contractor's performance nor foreclose the right of the Department and HHSC to recover excessive or illegal payments. All invoices and Contractor's performance are subject to review and audit by the Department. General Provisions (September 1, 2015) — Applicable to Local Health Departments Only 10 Section 6.03 Withholding Payments. Department may withhold all or part of any payments to Contractor to offset overpayments that Contractor has not refunded to Department. Department may take repayment from funds due to the Contractor for services performed or goods delivered in amounts necessary to fulfill Contractor's repayment obligations. ARTICLE VII CONFIDENTIALITY Section 7.01 Maintenance of Confidentiality. Contractor must maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract, including patient and client records that contain protected health information (PHI) and any other information that discloses confidential personal information or identifies any client served by DSHS in accordance with any applicable federal and state law, rules and regulations, including but not limited to: a. 7 Code of Federal Regulations (CFR) Part 246; 42 CFR Part 2, 45 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act [HIPAA]); b. Texas Health and Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 611 and 773; c. Texas Occupations Code, Chapters 56 and 159; and d. Any other applicable federal and state laws, rules or regulations. The HHS Data Use Agreement, executed by the Parties, is incorporated as part of the Contract and describes Contractor's rights and obligations with respect to the Confidential Information and the limited purposes, for which the Contractor may create, receive, maintain, use, disclose or have access to Confidential Information. Section 7.02 Department Access to PHI and Other Confidential Information. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI and other confidential information under this Contract, without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program and for purposes permitted under applicable state and federal confidentiality and privacy laws. Section 7.03 Exchange of Client -Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Texas Health and Safety Code § 533.009 and 25 TAC Chapter 414, Subchapter A or any other applicable federal or state laws, rules or regulations. Contractor shall disclose information described in Texas Health and Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Texas Health and Safety Code § 614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 7.04 Security of Patient or Client Records. Contractor shall ensure that patient and client records are managed in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient and client records. Department may require Contractor to transfer original or copies of patient and client records to Department, without the consent or authorization of the patient or client, upon termination of this Contract or a Contract to General Provisions (September 1, 2015) lI this Contract, as applicable, or if the care and treatment of the individual patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient or client, Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity funded by DSHS upon termination of this Contract or a Contract to this Contract, as applicable or if care or treatment is transferred to another DSHS-funded contractor. Section 7.05 HIV/AIDS Model Workplace Guidelines. If providing direct client care, services, or programs, Contractor shall implement Department's policies based on the HIV/AIDS (human immunodeficiency virus.iacquired immunodeficiency syndrome), AIDS Model Workplace Guidelines for Businesses, State Agencies and State Contractors Policy No. 090.021. Contractor shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health & Safety Code §§ 85.112-111. A link to the Model Workplace Guidelines can be found at: http://www.dslis.state.tx.us/hivstdipolicypolicies.slum . ARTICLE VIII PUBLIC INFORMATION ACT Section 8.01 Texas Public Information Act. The Contractor understands that DSHS shall comply with the Texas Public Information Act (Texas Government Code Chapter 552). If the Contractor is not a state agency, institution of higher education or other governmental entity, then the Contractor is required to make any information created or exchanged with the state pursuant to a contract, which is not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. ARTICLE IX RECORDS RETENTION Section 9.01 Retention. a. Contractor shall retain and preserve records in accordance with applicable state and federal statutes, rules and regulations. At a minimum, Contractor shall maintain all records, including but not limited to financial that are generated or collected by Contractor under the provisions of this Contract for a period of four years after the termination of this Contract. b. If the federal retention period for services are funded through Medicaid is more than four years, then the Contractor will retain the records for longer period of time. c. Contractor shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the litigation has ended or all questions pertaining to the audit are resolved. d. Contractor shall retain medical records in accordance with 22 TAC §165.1(b) or other applicable statutes, rules and regulations governing medical information. e. Contractor shall include this provision concerning records retention in any subcontract it awards. f. Contractor ceases business operations, it shall ensure that records relating to this Contract are securely stored and are accessible by the Department upon Department's request for at least four years from the date Contractor ceases business or from the date this Contract terminates, whichever is sooner. g. Contractor shall provide, and update as necessary, the name and address of the party responsible for storage of records to the contract manager assigned to this Contract. ARTICLE X ACCESS, INSPECTION AND AUDIT OF RECORDS General Provisions (September 1, 2015) 12 Section 10.01 Access and Inspection. In addition to any right of access arising by operation of law, Contractor and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, including the Comptroller General of the United States, the Office of the Inspector General at HHSC (OIG) and the State Auditor's Office (SAO) or any of their successor agencies, unrestricted access to and the right to examine any site where business is conducted or client services are performed, and alI records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If deemed necessary by the Department or the OIG, for the purpose of investigation or hearing, Contractor shall produce original documents related to this Contract. The Department and HHSC shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Contractor shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any subcontract it awards. Section 10.02 State Auditor's Office. Contractor shall, upon request, make all records, books, papers, documents, or recordings related to this Contract available for inspection, audit, or reproduction during normal business hours to any authorized representative of the SAO. Contractor understands that the acceptance of funds under this Contract acts as acceptance of the authority of the SAO, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor shall cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested, and providing access to any information the SAO considers relevant to the investigation or audit. The SAO's authority to audit funds shall apply to Contract funds disbursed by Contractor to its subcontractors, and Contractor shall include this provision concerning the SAO's authority to audit and the requirement to cooperate, in any subcontract Contractor awards. Section 10.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon examination of Contractor's records or during an inspection of Contractor's site shall be conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSHS, a resolution to the deficiency identified in a site inspection, program review or management or financial audit to the satisfaction of DSHS or, if directed by DSHS, a corrective action plan to document and resolve the deficiency. A DSHS or HHSC determination of either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions under the Breach of Contract and Remedies for Non -Compliance (See Article XV). ARTICLE XI REPORTING REQUIREMENTS Section 11.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: a. Human Immunodeficiency Virus/Sexually Transmitted Diseases (HIV/STD); b. Family Planning; c. Primary Health Care; d. Maternal and Child Health; and e. Women, Infants and Children (WIC) Nutrition Services. All Contractors shall comply with child abuse reporting guidelines and requirements in Texas Family Code Chapter 261 relating to investigations of reports of child abuse and neglect. Contractor shall develop, implement and enforce a written policy that includes at a minimum the Department's Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers and train all staff on reporting requirements. General Provisions (September 1, 2015) 13 Contractor shall use the DSHS Child Abuse Reporting Form located at www.dshs.state.tx.us/childabusere_porting as required by the Department. Contractor shall retain reporting documentation on site and make it available for inspection by DSHS. This section is in addition to and does not supersede any other legal obligation of the Contractor to report child abuse. Section 11.02 Significant Incidents. In addition to notifying the appropriate authorities, Contractor shall report to the contract manager assigned to the Contract significant incidents involving substantial disruption of Contractor's program operation or affecting or potentially affecting the health, safety or welfare of Department funded clients or participants within 72 hours of discovery. Section 11.03 Litigation. Contractor shall notify the contract manager assigned to this Contract of litigation related to or affecting this Contract and to which Contractor is a party within seven calendar days of becoming aware of such a proceeding. This includes, but is not limited to an action, suit or proceeding before any court or governmental body, which includes but is not limited to environmental and civil rights matters, professional liability and employee litigation. Notification must include the names of the parties, nature of the litigation and remedy sought, including amount of damages, if any. Section 11.04 Contract or License Action Against the Contractor. Contractor shall notify the contract manager assigned to the contract if Contractor has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within three working days of the suspension or termination. Such notification must include the: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. If Contractor has surrendered its license or has had its license suspended or revoked by any local, state or federal department or agency or non-profit entity, it shall disclose this information within three working days of the surrender, suspension or revocation to the contract manager assigned to the Contract by submitting a one- page description that includes the: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. Section 11.05 Insolvency. Contractor shall notify in writing the contract manager assigned to the Contract of Contractor's insolvency, incapacity or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission (TWC) within three working days of the date of determination that Contractor is insolvent or incapacitated or the date Contractor discovered an unpaid obligation to the IRS or TWC. The Contractor shall also notify in writing the contract manager assigned of its plan to seek bankruptcy protection within three working days of such action by Contractor. Section 11.06 Performance Malfeasance. Contractor shall report to the contract manager assigned to the Contract any knowledge of debarment, suspected fraud or unlawful activity related to performance under this Contract. Contractor shall make such report no later than three working days from the date that Contractor has General Provisions (September 1, 2015) 14 knowledge or reason to believe such activity has taken place. Additionally, if this Contract is federally funded by the Department of Health and Human Services (HHS), Contractor shall report any credible evidence that a principal, employee, subcontractor or agent of Contractor, or any other person, has submitted a false claim under the False Claims Act (31 U.S.C. §§3729-3733) or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. Contractor shall make this report to the SAO at http:/sao.fraud.state.tx.us, and to the HHS Office of Inspector General at http://www.oig.hlis.gov/fraud/hotline.no later than three working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Section 11.07 Criminal Activity and Disciplinary Action. a. Contractor affirms that Contract nor any no person who has an ownership or controlling interest in the organization or who is an agent or managing employee of the organization has been placed on community supervision, received deferred adjudication, is presently indicted for or has been convicted of a criminal offense related to any financial matter, federal or state program or felony sex crime. b. Contractor shall report in writing the contract manager assigned to the Contract, no later than three working days from the date that Contractor has knowledge or reason to believe such activity has taken place, if it has reason to believe Contractor♦ or a person with ownership or controlling interest in the organization or who is an agent or managing employee of the organization, an employee or volunteer of Contractor, or a subcontractor providing services under this Contract has engaged in any activity that: 1. Would constitute a criminal offense equal to or greater than a Class A misdemeanor; 2. Reasonably would constitute grounds for disciplinary action by a state or federal regulatory authority; c. Has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by DSHS. Section 11.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of, or cooperates with an investigation regarding, any applicable law, rule, regulation or standard to the Department, another state agency, or any federal, state or local law enforcement official. Section 11.09 Documentation. Contractor shall maintain appropriate documentation of all notices and reporting to DSHS as required under these General Provisions or this Contract. ARTICLE XII ASSURANCES AND CERTIFICATIONS Section 12.01 Certification. Contractor certifies by execution of this Contract to the following and will include such in all of its subcontracts: a. It is not disqualified under 2 CFR § 376.935 or ineligible for participation in federal or state assistance programs; b. Neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or agency in accordance with 2 CFR Parts 376 and 180 (parts A -I), 45 CFR Part 76 (or comparable federal regulations); General Provisions (September 1, 2015) I5 c. It has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; d. It is not subject to an outstanding judgment in a suit against Contractor for collection of the balance of a debt; e. It is in good standing with all state and/or federal agencies that have a contracting or regulatory relationship with Contractor; f. That no person who has an ownership or controlling interest in Contractor or who is an agent or managing employee of Contractor has been convicted of a criminal offense related to involvement in any program established under Medicare, Medicaid, or a federal block grant; g. Neither it, nor its principals have within the three year period preceding this Contract, has been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a private or public (federal, state or local) transaction or contract under a private or public transaction, violation of federal or state antitrust statutes (including those proscribing price-fixing between competitors, allocation of customers between competitors and bid -rigging), or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or false claims, tax evasion, obstruction of justice, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contactor or its principals; h. Neither it, nor its principals is presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with the commission of any of the offenses in subsection (g) above; and i. Neither it, nor its principals within a three year period preceding this Contract has had one or more public transaction (federal, state or local) terminated for cause or default. Where Contractor is unable to certify to any of the statements in this Article, Contractor shall submit an explanation to the contract manager assigned to the Contract. Also, if Contractor's status with respect to the items certified in this Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Contract. Section 12.02 Child Support Delinquencies. As required by Texas Family Code § 231.006, a child support obligor who is more than 30 calendar days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder or owner with an ownership interest of at least 25°o is not eligible to receive payments from state funds under a contract to provide property materials, or services or receive a state - funded grant or loan. If applicable, Contractor shall maintain its eligibility to receive payments under this Contract, certifies that it is not ineligible to receive the payments specified in this Contract and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. Section 12.03 Authorization. Contractor certifies that it possesses legal authority to contract for the services described in this Contract and if applicable, a resolution, motion or similar action has been duly adopted or passed as an official act of Contractor's governing body, authorizing the binding of the organization under this Contract including all understandings and assurances contained in this Contract, and directing and authorizing the person identified as the authorized representative of Contractor to act in connection with this Contract and to provide such additional information as may be required. Section 12.04 Gifts and Benefits Prohibited. Contractor certifies that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, present or future employment, gift, loan, gratuity, special discount, trip, favor, service or anything of monetary value to a DSHS or HHSC official or employee in connection with this Contract. Section 12.05 Ineligibility to Receive the Contract. General Provisions (September 1, 2015) 16 a. Pursuant to Texas Government Code § 2155.004 and federal law, Contractor is ineligible to enter into this Contract with the Department if this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements, statement of work or Solicitation Document on which this Contract is based. Contractor certifies that neither Contractor nor its employees nor anyone acting for Contractor has received compensation from DSHS for participation in the developing, drafting or preparation of specifications, requirements or statements of work for this Contract or in the Solicitation Document associated with this Contract. b. Pursuant to Texas Government Code §§ 2155.006 and 2261.053, Contractor is ineligible to enter into this Contract, if Contractor or any person who would have financial participation in this Contract has been convicted of violating federal law or been assessed a federal civil or administrative penalty, in connection with a contract awarded by the federal government for relief, recovery or reconstruction efforts as a result of Hurricanes Rita or Katrina or any other disaster occurring after September 24, 2005. c. Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract under Texas Government Code §§ 2155.004, 2155.006 or 2261.053 and acknowledges that this Contract may be terminated and payment withheld if these certifications are inaccurate. Section 12.06 Antitrust. Pursuant to 15 USC Sec. 1, et seq., and Texas Business & Commerce Code § 15.01, et seq. Contractor certifies that neither Contractor nor anyone acting for Contractor has violated the antitrust laws of this state or federal antitrust laws nor communicated directly or indirectly regarding a bid made to any competitor or any other person engaged in Contractor's line of business for the purpose of substantially lessening competition in such line of business. ARTICLE XIII GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 13.01 Program Site. Contractor shall provide services only in locations that are in compliance with all applicable local, state and federal zoning, building, health, fire and safety standards. Section 13.02 Historically Underutilized Businesses (HUBs). If Contractor was not required to submit a HUB subcontracting plan and if subcontracting is permitted under this Contract, Contractor is encouraged to make a good faith effort to consider subcontracting with HUBs in accordance with Texas Government Code Chapter 2161 and 34 TAC § 20.14 et seq. Contractors may obtain a list of HUBs at http:Uwww.window.state.tx.usfprocurement:"prorghub. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval of the revised plan from the Department's HUB Coordinator before proposed changes shall be effective under this Contract, Contractor shall make a good faith effort to subcontract with HUBs during the performance of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator by the 15th day of each month for the prior month's activity, if there was any such activity in accordance with 34 TAC § 20.16(c). Section 13.03 Buy Texas. Contractor shall purchase products and materials produced in Texas when the products and materials are available at a price and time comparable to products and materials produced outside of Texas as required by Texas Government Code § 2155,4441. Section 13.04 Status of Subcontractors. Contractor shall require that all subcontractors certify that they General Provisions (September 1, 2015) 17 are/have: a. In good standing with all state and federal funding and regulatory agencies; b. Not currently debarred, suspended or otherwise excluded from participation in federal grant programs; c. Not delinquent on any repayment agreements; d. Not had a required license or certification revoked; e. Not ineligible under the following sections of these General Provisions: Ineligibility to Receive the Contract (Assurances and Certifications Article) or the Conflict of Interest or Transactions Between Related Parties sections (General Terms Article); and f. Not had a contract terminated by the Department. Contractors shall further require that subcontractors certify that they have not voluntarily surrendered within the past three years any license issued by the Department. Section 13.05 Independent Contractor. Contractor is an independent contractor. Contractor shall direct and be responsible for the performance of its employees, subcontractors, joint venture participants or agents. Contractor is not an agent or employee of the Department or the State of Texas for any purpose whatsoever. For purposes of this Contract, Contractor acknowledges that its employees, subcontractors, joint venture participants or agents shall not be eligible for unemployment compensation from the Department or the State of Texas. Section 13.06 Tax Liability. Contractor shall comply with all state and federal tax laws and is solely responsible for fling all required state and federal tax forms and making all tax payments. If the Department discovers that Contractor has a liability or has failed to remain current on a delinquent liability to the IRS, this Contract shall be subject to remedies and sanctions under this Contract, including immediate termination at the Department's discretion. If the Contract is terminated under this section, the Department shall not enter into a contract with Contractor for three years from the date of termination. Section 13.07 Notice of Organizational Change. Contractor shall submit written notice to the contract manager assigned to the Contract within 10 business days of any change to Contractor's name, contact information, key personnel, organizational structure, such as merger, acquisition or change in form of business, legal standing or authority to do business in Texas. A change in Contractor's name and certain changes in organizational structure require an amendment to this Contract in accordance with the amendment provisions in Article XIII. Section 13.08 No Endorsement. Other than stating the fact that Contractor has a contract with DSHS, Contractor and its subcontractors are prohibited from publicizing the contractual relationship between Contractor and DSHS and from using the Department's name, logo or website link in any manner that is intended or that could be perceived as an endorsement or sponsorship by DSHS or the State of Texas of Contractor's organization, program, services or product, without the express written consent of DSHS. Section 13.09 E -Verify System. By entering into this Contract, the Contractor certifies and ensures that it utilizes and will continue to utilize, for the term of this Contract, the U.S. Department of Homeland Security's E - Verify system to determine the eligibility of: a. All persons employed to perform duties within Texas, during the term of the Contract; and b. All persons (including subcontractors) assigned by the Contractor to perform work pursuant to the Contract, within the United States of America. ARTICLE XIV GENERAL TERMS Section 14.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or in part, in this General Provisions (September 1, 2015) 18 Contract without the prior written consent of the Department. Section 14.02 Lobbying. a. Contractor shall comply with Texas Government Code § 556.0055, which prohibits contractors who receive state funds from using those funds to pay lobbying expenses. Further, Contractor shall not use funds paid under this Contract, either directly or indirectly, to support the enactment, repeal, modification, or adoption of any law, regulation or policy at any level of government, or to pay the salary or expenses of any person related to any activity designed to influence legislation, regulation, policy or appropriations pending before Congress or the state legislature, or for influencing or attempting to influence an officer or employee of any federal or state agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any contract or the extension, continuation, renewal, amendment, or modification of any contract (31 USC § 1352). b. If at any time this Contract exceeds $100,000 of federal funds, Contractor shall file with the contract manager assigned to the Contract a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract, a certification that none of the funds provided by Department have been or shall be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. c. Contractor shall file the declaration, certification, and disclosure: 1. At the time of application for this Contract; 2. Upon execution of this Contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and 3. At the end of each calendar quarter in which any event occurs that materially affects the accuracy of the information contained in any declaration, certification, or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file the same declaration, certification, and disclosure with the contract manager assigned to the Contract. Contractor shall include this provision in any subcontracts. Section 14.03 Conflict of Interest. Contractor represents to the Department that it and its subcontractors, if any, do not have, nor shall Contractor or its subcontractors knowingly acquire or retain any financial or other interest that would conflict in any manner with the performance of their obligations under this Contract. Potential conflicts of interest include, but are not limited to, an existing or potential business or personal relationship between Contractor (or subcontractor), its principal (or a member of the principal's immediate family) or any affiliate or subcontractor and Department or HHSC, their commissioners, officers or employees, or any other entity or person involved in any way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit employees and subcontractors and their employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. If, at any time during the term of this Contract, Contractor or any of its subcontractors has a conflict of interest or potential conflict of interest, Contractor shall disclose the actual or potential conflict of interest to the contract manager assigned to the Contract within 10 days of when Contractor becomes aware of the existence of the actual or potential conflict of interest. Contractor shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of interest the subcontractor has or may have within 10 days of when the subcontractor becomes aware of the actual or potential conflict of interest. General Provisions (September 1, 2015) 19 Section 14.04 Transactions Between Related Parties. Contractor shall identify and report to DSHS any transaction between Contractor and a related party that is part of the work that the Department is purchasing under this Contract before entering into the transaction or immediately upon discovery. A related party is a person or entity related to Contractor by blood or marriage, common ownership or any association that permits either to significantly influence or direct the actions or policies of the other. Contractor, for purposes of reporting transactions between related parties, includes the entity contracting with the Department under this Contract as well as the chief executive officer, chief financial officer and program director of Contractor. Contractor shall submit to the contract manager assigned to the Contract the name, address and telephone number of the related party, how the party is related to Contractor and the work the related party shall perform under this Contract. Contractor shall comply with Texas Government Code Chapter 573. Contractor shall maintain records and supply any additional information requested by the Department, regarding a transaction between related parties, needed to enable the Department to determine the appropriateness of the transaction pursuant to applicable state or federal law, regulations or circulars, which may include 45 CFR § 74.42. Section 14.05 Intellectual Property. a. Texas Health and Safety Code § 12.020 authorizes DSHS to protect intellectual property developed as a result of this Contract. "Intellectual property" is created property that may be protected under copyright, patent, or trademark/service mark law. b. For purposes of this Contract, intellectual property prepared for DSHS use, or a work specially ordered or commissioned through a contract for DSHS use is a "work made for hire." DSHS owns works made for hire unless it agrees otherwise by contract. To the extent that title and interest to any such work may not, by operation of law, vest in DSHS, or such work may not be considered a work made for hire, Contractor irrevocably assigns the rights, title and interest therein to DSHS. c. DSHS has the right to obtain and hold in its name any and all patents, copyrights, registrations or other such protections as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor shall give DSHS and the State of Texas, as well as any person designated by DSHS and the State of Texas, all assistance required to perfect the rights defined herein without charge or expense beyond those amounts payable to Contractor for goods provided or services rendered under this Contract. If federal funds are used to finance activities supported by this Contract that result in the production of intellectual property, the federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federal government purposes: 1. Copyright in any intellectual property developed under this Contract including any subcontract; and 2. Any rights of copyright to which a Contractor purchases ownership with contract funds. d. Any rights of copyright, service or trademarks or patents to which a grantee, subgrantee or a Contractor purchases ownership with contract funds General Provisions (September 1, 2015) 20 e. If the results of the contract performance are subject to copyright law, Contractor cannot publish those results without prior review and approval of DSHS. Contractor shall submit requests for review and approval to the contract manager assigned to the Contract. Section 14.06 Other Intangible Property. At the conclusion of the contractual relationship between Department and Contractor, for any reason, Department shall have the sole ownership rights and interest in all non -copyrightable intangible property that was developed, produced or obtained by Contractor as a specific requirement under this Contract or under any grant that funds this Contract, such as domain names, URLs or software licenses with a value of $500 or more. Contractor shall cooperate with Department and perform all actions necessary to transfer ownership of such property to the Department or its designee, or otherwise affirm Department's ownership rights and interest in such property. This provision shall survive the termination or expiration of this Contract. Section 14.07 Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision shall be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions shall continue. The Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. Section 14.08 Legal Notice. Except as otherwise provided in this Contract or General Provisions, any notice required or permitted to be given by the provisions of this Contract or General Provisions shall be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified by the Party to the other Party in writing or, if sent by certified mail, on the date of receipt. Section 14.09 Successors. This Contract shall be binding upon the Parties and their successors and assignees, except as expressly provided in this Contract. Section 14.10 Survivability of Terms. Termination or expiration of this Contract or a Contract for any reason shall not release either party from any liabilities or obligations in this Contract that the parties have expressly agreed shall survive any such termination or expiration or remain to be performed, including but not limited to maintaining confidentiality of information and records retention. Section 14.11 Customer Service Information. If requested, Contractor shall supply such information as required by the Department to comply with the provisions of Texas Government Code Chapter 2114 regarding Customer Service surveys. Section 14.12 Amendment. All amendments to this Contract must be in writing and agreed to by both Parties. If a Contractor requests an amendment, it must be submitted in writing and include a justification for the request, to the contract manager assigned to the Contract. Section 14.13 Contractor's Notification of Change of Contact Person or Key Personnel. Within ten calendar days shall notify in writing the contract manager assigned to the Contract of any change enumerated in the Contractor's Contact Personnel or Key Personnel, if included in their response to a solicitation document. Section 14.14 Unilateral Amendment. The Department reserves the right to amend this Contract through execution of a unilateral amendment signed by the contract manager for this Contract and provided to the Contractor with ten days notice prior to execution of the amendment under the following circumstances to: a. Correct an obvious clerical error in this Contract; b. Incorporate new or revised federal or state laws, regulations, rules or policies; and General Provisions (September 1, 2015) ?1 c. Change the name of the Contractor in order to reflect the Contractor's name as recorded by the Texas Secretary of State. Section 14.15 Interim Extension Amendment. a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. DSHS/HHSC shall provide written notice of interim extension amendment to the Contractor under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor; or 2. To ensure that services are provided to clients without interruption. c. DSHS will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. d. Contractor will provide and invoice for services in the same manner that is stated in the Contract. e. An interim extension under Section (b)( 1) above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim extension under Section (b)(2) above shall be a one-time extension for a period of time determined by HHS/DSHS. Section 14.16 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 14.17 Hold Harmless and Indemnification. Contractor, as an independent contractor, agrees to hold Department, the State of Texas, individual state employees and officers, and the federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments, and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or nonperformance of Contractor, its employees, subcontractors, joint venture participants or agents under this Contract. Section 14.18 Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non -action or default under this Contract shall not constitute a waiver of either party's rights under this Contract. Section 14.19 Electronic and Information Resources Accessibility and Security Standards. a. Applicability. The following Electronic and Information Resources (EIR) requirements apply to the Contract because the Contractor performs services that include EIR that DSHS employees are required or permitted to access or members of the public are required or permitted to access. This Section does not apply to incidental uses of EIR in the performance of the Agreement, unless the Parties agree that the EIR will become property of the State of Texas or will be used by HHSC's clients or recipients after completion of the Agreement. General Provisions (September 1, 2015) 22 Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a Product. b. Definitions. For purposes of this Section: "Accessibility Standards" means accessibility standards and specifications for Texas agency and institution of higher education websites and EIR set forth in 1 TAC Chapter 206 and/or Chapter 213. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. "Electronic and Information Resources Accessibility Standards" means the accessibility standards for electronic and information resources contained in 1 Texas Administrative Code Chapter 213. "Product" means information resources technology that is, or is related to, EIR. "Web Site Accessibility Standards/ Specifications" means standards contained in Volume 1 Tex. Admin. Code Chapter 206(c) Accessibility Requirements. Under Tex. Gov't Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, DSHS must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those Products are developed in response to a procurement solicitation. Accordingly, Contractor must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. c. Evaluation, Testing, and Monitoring. 1. DSHS may review, test, evaluate and monitor Contractor's Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State's right to contest the Contractor's assertion of compliance with the Accessibility Standards. 2. Contractor agrees to cooperate fully and provide DSHS and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring. d. Representations and Warranties. 1. Contractor represents and warrants that: i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and General Provisions (September 1, 2015) 23 ii. If the Products will be in the custody of the state or a DSHS client or recipient after the Contract expiration or termination, the Products will continue to comply with Accessibility Standards after the expiration or termination of the Contract Term, unless DSHS or its clients or recipients, as applicable, use the Products in a manner that renders it noncompliant. 2. In the event Contractor becomes aware, or is notified that the Product or service and associated documentation and technical support do not comply with the Accessibility Standards, Contractor represents and warrants that it will, in a timely manner and at no cost to DSHS, perform all necessary steps to satisfy the Accessibility Standards, including remediation, replacement, and upgrading of the Product or service, or providing a suitable substitute. 3. Contractor acknowledges and agrees that these representations and warranties are essential inducements on which DSHS relies in awarding this Contract. 4. Contractor's representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. e. Remedies. 1. Under Tex. Gov't Code § 2054.465, neither the Contractor nor any other person has cause of action against DSHS for a claim of a failure to comply with Tex. Gov't Code Chapter 2054, Subchapter M, and rules of the Department of Information Resources. 2. In the event ofa breach of Contractor's representations and warranties, Contractor will be liable for direct, consequential, indirect, special, or liquidated damages and any other remedies to which DSHS may be entitled under this Contract and other applicable law. This remedy is cumulative of any other remedies to which DSHS may be entitled under this Contract and other applicable law. Section 14.20 Force Majeure. Neither Party shall be liable for any failure or delay in performing all or some of its obligations, as applicable, under this Contract if such failure or delay is due to any cause beyond the reasonable control of such Party, including, but not limited to, extraordinarily severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war, court order or acts of God. The existence of any such cause of delay or failure shall extend the period of performance in the exercise of reasonable diligence until after the cause of the delay or failure no longer exists and, if applicable, for any reasonable period of time thereafter required to resume performance. A Party, within a period of time reasonable under the circumstances, must inform the other party as soon as practicable. This Party must also submit written notice with proof of receipt of the existence of a force majeure event or otherwise waive the right as a defense to non-performance. Section 14.21 Cooperation and Communication. Contractor shall cooperate with Department staff and as applicable, other DSHS contractors and shall promptly comply with requests from DSHS for information or responses to DSHS inquiries concerning Contractor's duties or responsibilities under this Contract. Section 14.22 Insurance. Contractor shall acquire and maintain for the duration of this Contract, insurance and with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the Contractor's industry or profession. Contractor must submit evidence of insurance as required under this Contract, including if requested a schedule of coverage or "underwriter's schedules" establishing to the satisfaction of DSHS the nature and extent of coverage granted by each such policy upon request by DSHS. In the event that any policy is determined to be deficient to comply with the terms of this Contract, Contractor shall General Provisions (September 1, 2015) 24 secure such additional policies or coverage as DSHS may reasonably request or that are required by law or regulation. ARTICLE XV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE Section 15.01 Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include, but are not limited to, the following: a. Failure to properly provide the services and/or goods purchased under this Contract; b. Failure to comply with any provision of this Contract including failure to comply with all applicable statutes, rules or regulations; c. Failure to pay refunds or penalties owed to the Department; d. Failure to comply with a repayment agreement with Department or agreed order issued by the Department; e. Discovery of a material misrepresentation in any aspect of Contractor's application or response to the Solicitation Document; f. Any misrepresentation in the assurances and certifications in Contractor's application or response to the Solicitation Document or in this Contract; or g. Contractor is on or is added to the Excluded Parties List System (EPLS). Section 15.02 General Remedies and Sanctions. The remedies and sanctions in this section are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. Additionally, HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract. The Department may impose one or more remedies or sanctions for each item of noncompliance and shall determine remedies or sanctions on a case-by-case basis if Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not Iimited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actions: a. Terminate this Contract by one of means provided in Article XVII. If applicable, notify Contractor of the opportunity to request a hearing on the termination pursuant to Texas Government Code Chapter 2105 regarding administration of Block Grants; b. Suspend all or part of this Contract by notifying that the Contractor that DSHS is temporarily discontinue performance of all or a part of the Contract as provided for in ArtiicIe XVII; as of the effective date of the suspension pending DSHS's determination to terminate, amend the Contract or permit the Contractor to resume performance. Contractor shall not bill DSHS for services performed during suspension, unless expressly authorized by the notice of suspension; c. Use as a basis to deny additional or enter into future contracts with Contractor; d. Temporarily withhold cash payments to Contractor for proper charges or pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; e. Permanently withhold cash payments by retaining funds billed by Contractor; f. Request that Contractor be removed from the Centralized Master Bidders List (CMI3L) or any other state bid list, and barred from participating in future contracting opportunities with the State of Texas; g. Declare this Contract void upon the Department's determination that this Contract was obtained Fraudulently, or was illegal or invalid from this Contract's inception and demand repayment of any funds under this Contract; General Provisions (September 1, 2015) 25 h. Delay execution of a new contract or renewal with Contractor while other imposed or proposed sanctions are pending resolution; i. Demand repayment from Contractor when it has been verified that Contractor has been overpaid for reasons such as payments are not supported by proper documentation or failure to comply with Contract terms; j. Pursue a claim for damages as a result of breach of contract; k. Require Contractor to prohibit any employee or volunteer of Contractor from performing under this Contract or having direct contact with DSHS-funded clients or participant, if the employee or volunteer has been indicted or convicted of the misuse of state or federal funds, fraud or illegal acts that are in contraindication to continued obligations under this Contract, as reasonably determined by DSHS; 1. Withhold any payment to Contractor to satisfy any recoupment imposed by DSHS and take repayment from funds available under this Contract in amounts necessary to fulfill Contractor's payment or repayment obligations; m. Reduce the Contract term; n. Recoup improper payments when Contractor has been overpaid for reasons such as payments are not supported by proper documentation, improper billing or failure to comply with Contract terms; and o. Impose any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation or rule. Section 15.03 Notice of Remedies or Sanctions. a. Department shall formally notify Contractor in writing when a remedy or sanction is imposed, stating the nature of the remedies and sanction, the reasons for imposing them, the corrective actions, if any, that must be taken before the actions shall be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the remedies or sanctions imposed. b. Other than in the case of repayment or recoupment, Contractor is required to file, within 15 calendar days of receipt of notice, a written response to Department acknowledging receipt of such notice. c. If requested by the Department, the written response must state how Contractor shall correct the noncompliance by agreeing to a corrective action plan or demonstrate in writing that the findings on which the remedies or sanctions are based are either invalid or do not warrant the remedies or sanctions. If Department determines that a remedy or sanction is warranted, unless the remedy or sanction is subject to review under a federal or state statute, regulation, rule, or guideline, Department's decision is final. Department shall provide written notice to Contractor of Department's final decision. d. If required by the Department, Contractor shall submit a corrective action plan for DSHS approval and take corrective action as stated in the plan approved by DSHS. If DSHS determines that repayment is warranted, DSHS shall issue a demand letter to Contractor for repayment. If full repayment is not received within the time limit stated in the demand letter, and if recoupment is available, DSHS shall recoup the amount due to DSHS from funds otherwise due to Contractor under this Contract. Section 15.04 Emergency Action. In an emergency, Department may immediately terminate or suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny future contract awards, or delay contract execution by delivering written notice to Contractor, by any verifiable method, stating the reason for the emergency action. An "emergency" is defined as Contractor is noncompliant and the noncompliance has a direct adverse effect on the public or client health, welfare or safety. The direct adverse effect may be programmatic and may include failing to provide services; providing inadequate services; or providing unnecessary services. General Provisions (September 1, 2015) 26 Whether Contractor's conduct or noncompliance is an emergency will be determined by Department on a case- by-case basis and will be based upon the nature of the noncompliance or conduct. ARTICLE XVI CLAIMS AGAINST THE DEPARTMENT -NOTICE OF DISPUTE Section 16.01 Breach of Contract Claim. The process for a breach of contract claim against the DSHS provided for in Texas Government Code Chapter 2260 and implemented in the rules at 25 TAC §§4.11-4.24 or as amended by DSHS, shall be used by DSHS and Contractor to attempt to resolve any breach of contract claim against DSHS. Section 16.02 Notice. Contractor's claims for breach of this Contract that the Parties cannot resolve in the ordinary course of business must be submitted to the negotiation process provided in Chapter 2260 and 25 TAC or as amended. To initiate the process, Contractor shall submit written notice, as required by Subchapter B, to DSHS Office of General Counsel. The notice must specifically state that the provisions of Chapter 2260 are being invoked and comply with all the requirements in this Chapter and TAC. A copy of the notice must also be given to all other representatives of DSHS and Contractor. Section 16.03 Performance Not Suspended. Neither the occurrence of an event nor the pendency of a notice of claim filed by the Contractor constitutes grounds for the suspension in whole or part of performance by Contractor. ARTICLE XVII TERMINATION AND TEMPORARY SUSPENSION Section 17.01 Expiration of Contract or Program Attachments. a. Except as provided in the Survivability of Terms section of the General Terms Article, Contractor's service obligations stated in each Contract or Program Attachment shall end upon the expiration date of that Contract or Program Attachment unless extended or renewed by written amendment. b. Prior to completion of the term of all Contracts or Program Attachments, all or a part of this Contract may be terminated with or without cause under this Article and in the Contract. c. A Program Attachment's term cannot extend past the Contract term in its associated Contract. Section 17.02 Effect of Termination or Expiration. a. Upon termination of this Contract or Program Attachment, as applicable, Contractor shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract or Program Attachment, as applicable to DSHS or another entity designated by DSHS. b. Upon termination of all or part of this Contract, Department and Contractor shall be discharged from any further obligation created under the applicable terms of this Contract or Program Attachment, as applicable, except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination and for Contractor's duty to cooperate with DSHS and, except as provided in the Survivability of Terms section of the General Terms Article. c. Termination does not, however, constitute a waiver of any remedies for breach of this Contract. Section 17.03 Termination or Temporary Suspension Without Cause. General Provisions (September 1, 2015) 27 a. Either Party may terminate this Contract or Program Attachment, as applicable with at least 30 calendar days prior written notice to the nonterminating Party. b. If Contractor seeks to terminate a Contract that involves residential client services, Contractor shall give the Department at least 90 calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. c. The Parties can agree to terminate by mutual agreement. DSHS may temporarily suspend or terminate this Contract or Program Attachment, as applicable if funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or HHSC agencies, amendments to the Appropriations Act, health and human services consolidations or any other disruption of current appropriated funding for this Contractor Program Attachment. Contractor shall be notified in writing of any termination or temporary suspension and of any cessation of temporary suspension. Upon notification of temporary suspension, Contractor will discontinue performance under the Contract as of the effective date of the suspension for the duration of the suspension. Section 17.04 Immediate Termination. Department may immediately terminate this Contract or Program Attachment, as applicable, when, in the sole determination of Department, termination is in the best interest of the State of Texas. Section 17.05 Termination For Cause. Department may terminate this Contract, in whole or in part, for breach of contract by providing 10 calendar days written notice to Contractor. Section 17.06 Notice of Termination. Either Party may deliver written notice of intent to terminate by any verifiable method. Notice of termination is effective when it is received by the non -terminating party. ARTICLE XVIII VOID, SUSPENDED AND TERMINATED CONTRACTS Section 18.01 Void Contracts. Department may void this Contract upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from its inception. Section 18.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. A Contractor who has been a party to a contract with DSI -IS that has been found to be void, is suspended or is terminated for cause is not eligible for any renewal or increase of funding for an existing contract or new contracts or renewals until in the case of suspension or termination the Department has determined that Contractor has satisfactorily resolved the issues underlying the suspension or termination. Additionally, if this Contract is found to be void any amount paid to the Contractor is subject to recoupment by DSHS. Section 18.03 Appeals Rights for DSHS Funded Block Grants. Pursuant to Texas Government Code § 2105.302, after receiving notice from the Department of termination of a contract with DSHS funded by block grant funds, Contractor may request an administrative hearing under Texas Govemment Code Chapter 2001. ARTICLE XIX CLOSEOUT Section 19.01 Cessation of Services at Closeout. Upon expiration or termination of this Contract or Program Attachment, as applicable, Contractor shall stop providing services or the delivery of goods under this Contract and if necessary, shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract to DSHS or another entity designated by DSHS. General Provisions (September 1, 2015) 28 Contractor shall not bill DSHS for services performed or goods delivered after termination or expiration of Contract or Program Attachment. Upon termination or expiration of this Contract or Program Attachment, Contractor shall immediately initiate Closeout activities described in this Article. Section 19.02 Administrative Offset. The Department has the right to administratively offset amounts owed by Contractor against any invoice submitted for payment. Section 19.03 Deadline for Closeout. Contractor shall submit all performance, and other Closeout reports required under this Contract within 45 calendar days after the Contract or Program Attachment, if applicable, has terminated. Section 19.04 Payment of Refunds. Any funds paid to Contractor in excess of the amount to which Contractor is finally determined to be entitled under the terms of this Contract constitute a debt to the Department and shall result in a refund due, which Contractor shall pay within the time period established by the Department. Section 19.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Department's right to recover funds on the basis of a later audit or other review or Contractor's obligation to return any funds due as a result of later refunds, corrections or other transactions. General Provisions (September 1, 201 5) 29 2016 FEDERAL GRANT SUBRECIPIENT ADDITIONAL PROVISIONS ARTICLE XX DSHS GENERAL PROVISIONS.......................................................................31 ARTICLE XX1 PROGRAM OPERATIONS...................................:................................,...,.,.,,..,,.,,,,. 31 Section 21.01 Client Financial Eligibility. 31 Section 21.02 Contracts with Subrecipient and Vendor Subcontractors. ..__,....... ...... .......... .......... ...........................,... Section 21.03 Incorporation of Terms in Subrecipient Subcontracts. 31 Section 21.04 Quality Management. 31 Section 21.05 Contractor's Notification of Change to Certain Contract Provisions. 32 Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees... 32 Section 21.07 Direct Operation. 33 ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES 33 Section 22.01 Equipment. ...... ..................—............... 33 Section22.02 Equipment List. ....... A .................. ... ...... I ................... e . e ...... • .. • ... . es-••• es•••.1.•—••• ..... ,,._._ 33 Section 22.03 Supplies. 34 Section 22.04 Property Inventory and Protection of Assets, ................................, 3.4 Section 22.05 Assets as Collateral Prohibited. 34 ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS 34 Section 23.01 Use of Funds. ,,,,,,,,,,,s,,,,,,, 34 Section 23.02 Use for Match Prohibited. .................... ..... 34 Section 23.03 Program Income. ....,.».-.,,....,,„,.,,,.35 Section 23.04 Nonsupplanting. . 35 Section 23.05 Payment Methods. 35 Section 23.06 Financial Status Reports (FSRs). 35 Section 23.07 Working Capital Advance. . 35 Section 23.08 Condition Precedent to Requesting Payment. 36 Section 23.09 Management and Control Systems. 36 Section 23.10 Effect of Grant Close Out. 36 Genemi7il3 isiga'(kgmbo11Eal§liS AND AUDIT REQUIREMENTS__________________.__.,,,___,_......,._.,,,._.....__.,..--.>..---,...__ 36 30 Section 24.01 Allowable Costs. 36 Section 24.02 Property Acquisitions. . ,,,, m .... .. .... . ..... ..„..... ..... ..... 37 Section 24.03 Cost Allocation Plan 38 Section 24.04 Overtime Compensation. 38 Section 24.05 Independent Single or Program -Specific Audit, .38 Section 24.06 Submission of Audit. . 39 ARTICLE XXV INSURANCE AND BONDS 39 Section 25.01 Insurance. 39 Section 25.02 Fidelity Bond. ........ . .... . . ..... ..... .. .... ....... ............. ..... . .................. ...... 40 Section 25.03 Liability Coverage 40 ARTICLE XXVI TERMINATION, BANKRILIPTUY AND CLOSEOUT 40 Section 26.01 Final Budget. , 40 Section 26.02 Bankruptcy. 40 Section 26.03 Title to Property 4$ Section 26.04 Disposition of Property 41 Section 26.05 Closeout of Equipment. 41 ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE LAWS 41 General Provisions (September 1, 2015) 31 ARTICLE XX DSHS GENERAL PROVISIONS In addition to the terms and conditions in the Department of State Health Services (DSHS or Department) FY 2016 General Provisions (General Provisions), Contractor agrees to comply with these 2016 Federal Grant Subrecipient Additional Provisions. ARTICLE XXI PROGRAM OPERATIONS Section 21.01 Client Financial Eligibility. Where applicable, Contractor shall use financial eligibility criteria, financial assessment procedures and standards developed by the Department to determine client eligibility. Section 21.02 Contracts with Subrecipient and Vendor Subcontractors. a. Contractor may enter into contracts with subrecipient subcontractors unless restricted or otherwise prohibited in the Contract or Program Attachment(s). b. Prior to entering into a subrecipient agreement equaling or exceeding $100,000, Contractor shall obtain written approval from DSHS. c. Contractor shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. d. Contractor shall monitor subrecipient subcontractors for both financial and programmatic performance and shall maintain pertinent records that must be available for inspection by DSHS. e. Contractor shall ensure that subcontractors are fully aware of the requirements placed upon them by state/federal statutes, rules, and regulations and by the provisions of this Contract. f. Contracts with all subcontractors, whether vendor or subrecipient, must be in writing and include the following: 1. Name and address of all parties and the subcontractor's Vendor Identification Number (VIN) or Employee Identification Number (EIN); 2. Detailed description of the services to be provided; 3. Measurable method and rate of payment and total not -to -exceed amount of the contract; 4. Clearly defined and executable termination clause; and 5. Beginning and ending dates that coincide with the dates of the Contract. g. Contractor is responsible to DSHS for the performance of any subcontractor. h. Contractor shall not contract with a subcontractor, at any tier, that is debarred, suspended, or excluded from or ineligible for participation in federal assistance programs or if the subcontractor would be ineligible under the Sections 12.05, 14.03 and 14.04 of the General Provisions. Section 21.03 Incorporation of Terms in Subrecipient Subcontracts. a. Contractor shall include in all its contracts with subrecipient subcontractors and solicitations for subrecipient subcontracts, without modification (except as required to make applicable to the subcontractor): 1. Assurances and Certifications in Article XII of the General Provisions; 2. Sections 14.03 and 14.04 of the General Provisions; and Subrecipient General Provisions (September 1, 2015) 31 3. A provision granting to DSHS, SAO, OIG, and the Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on which any work is performed, and the right to audit the subcontractor in accordance with Article X of the General Provisions; b. Each subrecipient subcontract contract must also include a copy of these General Provisions and a copy of the Statement of Work and any other provisions in the Program Attachment(s) applicable to the subcontract. c. Contractor shall ensure that all written agreements with subrecipient subcontractors incorporate the terms of this Contract so that all terms, conditions, provisions, requirements, duties and liabilities under this Contract applicable to the services provided or activities conducted by a subcontractor are passed down to that subcontractor. d. No provision of this Contract creates privity of contract between DSHS and any subcontractor of Contractor. e. If a subcontractor is unable to certify (or status changes during contract term) to any of the statements in Sections 14.03 and 14.04, or any of the certifications stated in Article X11 of the General Provisions, Contractor shall submit an explanation to the contract manager assigned to the Contract. Section 21.04 Quality Management. Contractor shall comply with quality management requirements as directed by the Department. Section 21.05 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to this Contract without a written amendment or the Department's prior approval: a. Cumulative budget transfers that do not exceed 25% among direct cost categories, other than the equipment category, of Tess than $100,000, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); and b. Change in Contractor's share of the budget concerning non-DSHS funding other than program income and match, regardless of the amount of the change, provided that in changing the budget, Contractor is not supplanting DSHS funds. Contractor within ten calendar days shall notify in writing the contract manager assigned to the Program Attachment of any change enumerated in this section, but the contract will not be amended. Section 21.06 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. a. Contractor and its governing body shall bear full responsibility for the integrity of the fiscal and programmatic management of the organization. This provision applies to all organizations, including Section 501(c) (3) organizations as defined in the Internal Revenue Service Code as not- for-profit organizations. b. Each member of Contractor's governing body shall be accountable for all funds and materials received from Department. The responsibility of Contractor's governing body shall also include accountability for compliance with Department Rules, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through Subrecipient General Provisions (September 1, 2015) 32 self-evaluation and Department's monitoring processes. Contractor's governing body shall ensure separation of powers, duties, and functions of governing body members and staff. c. No member of Contractor's governing body, or officer or employee of Contractor shall vote for, confirm or act to influence the employment, compensation or change in status of any person related within the second degree of affinity or the third degree of consanguinity (as defined in Texas Government Code Chapter 573) to the member of the governing body or the officer or any employee authorized to employ or supervise such person. This prohibition does not prohibit the continued employment of a person who has been continuously employed for a period of two years prior to the election, appointment or employment of the officer, employee, or governing body member related to such person in the prohibited degree. These restrictions also apply to the governing body, officers and employees of Contractor's subcontractors. Section 21.07 Direct Operation. At the Department's discretion, the Department may temporarily assume operations of a Contractor's program or programs funded under this Contract when the continued operation of the program by Contractor puts at risk the health or safety of clients and°or participants served by Contractor. ARTICLE XXII PROGRAM EQUIPMENT AND SUPPLIES Section 22.01 Equipment. Equipment means tangible personal property having a useful lifetime of more than one year and a per-unit acquisition cost that exceeds the lesser of the capitalization level established by the of $5,000 or more. Contractors shall inventory all equipment, and report the inventory on the Contractors Property Inventory Form. Contractor shall initiate the purchase of all equipment approved in writing by DSHS, in the first quarter of the Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Program Attachment must be submitted to the contract manager assigned to this Contract. Section 22.02 Equipment List. a. All items of equipment to be purchased with funds under this Contract must be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. The equipment list must include: 1. Description of the property; 2. Serial number or other identification number; 3. Source of funding for the property (including the Federal Assistance Identification Number); 4. Who holds title, 5. Acquisition date and cost of the property; 6. Percentage of Federal participation in the project costs for the Federal award under which the property was acquired; 7. Location use and condition of the property; and 8. Any ultimate disposition data including the date of disposal and sale price of property. Any changes to the approved equipment list in the executed Contract must be approved in writing by Department prior to the purchase of equipment. b. Contractor shall submit to the contract manager assigned to this Contact, a written description including complete product speci0cations and need justification prior to purchasing any item of Subrecipient General Provisions (September 1, 2015) 33 unapproved equipment. If approved, Department will acknowledge its approval by means of a written amendment. Section 22.03 Supplies. a. Supplies are defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above. b. Tangible personal property includes controlled assets, including firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but Iess than $5,000, which includes desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment are also considered Supplies. c. Prior approval by DSHS of the purchase of Controlled Assets is not required, but such purchases must be reported on the Contractors Property Inventory Form as detailed under Section 22.04. Section 22.04 Property Inventory and Protection of Assets. Contractor shall maintain an inventory of equipment, supplies defined as controlled assets, and property described in Section 14.06 of the General Provisions and submit an annual cumulative report of the equipment and other property on Contractor's Property Inventory Report to the Department's Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, no later than October 15d of each year. The report is located on the DSHS website at: lutp://www.dshs.state.tx.us/contracts/forms.shtm. Contractor shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. If Contractor is indemnified, reimbursed, or otherwise compensated for any Toss of, destruction of, or damage to the assets provided or obtained under this Contract, Contractor shall use the proceeds to repair or replace those assets. Section 22.05 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment method shall not encumber equipment purchased with Department funds without prior written approval from the Department. ARTICLE XXIII PROGRAM FUNDS AND PAYMENTS Section 23.01 Use of Funds. Contractor shall expend Department funds only for the provision of approved services and for reasonable and allowable expenses directly related to those services. Section 23.02 Use for Match Prohibited. Contractor shall not use funds provided through this Contract for matching purposes in securing other funding unless directed or approved by the Department in writing. Subrecipient General Provisions (September 1, 2015) 34 Section 23.03 Program Income. a. Gross income directly generated from Department funds through a project or activity performed under a Contract and/or earned only as a result of this Contract during its term is considered program income. b. Unless otherwise required under the terms of the grant funding this Contract, Contractor shall use the addition alternative, as provided in the Uniform Grant Management Standards, for the use of program income to further the program objectives of the state or federal statute that provided the authority of this Contract or its Program Attachment, and Contractor shall spend the program income on the same Project Attachment or Statement of Work project under which it was generated. c. Contractor shall identify and report this income in accordance with Article IX of these General Provisions and the provisions in the Contract or its Program Attachment(s). d. Contractor shall expend program income during the Program Attachment term and may not carry forward to any succeeding term. Contractor shall refund program income not expended in the term in which it is earned to DSHS. e. DSHS may base future funding levels, in part, upon Contractor's proficiency in identifying, billing, collecting, and reporting program income, and in using it for the purposes and under the conditions specified in this Contract. Section 23.04 Nonsupplanting. Contractor shall not use funds from this Contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this Contract but rather shall use funds from this Contract to supplement existing state or local funds currently available for a particular activity. Contractor shall make a good faith effort to maintain its current level of support. Contractor may be required to submit documentation substantiating that a reduction in state or local funding, Wally, resulted for reasons other than receipt or expected receipt of funding under this Contract. Section 23.05 Payment Methods. Section 5.01 of the General Provisions is replaced with the following: Except as otherwise provided by the provisions of this Contract or its Program Attachment(s), the payment method for it will be cost reimbursement. This payment method is based on an approved budget in this Contract or its Program Attachment(s) and acceptable submission of a request for reimbursement. Section 23.06 Financial Status Reports (FSRs). Except as otherwise provided in these General Provisions or in the terms of Contracts, if a contract has a categorical budget, Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Contract term for Department review and financial assessment. Contractor shall submit the final FSR no later than 45 calendar days following the end of the Contract term. Section 23.07 Working Capital Advance. If necessary, if allowed by law, and if permitted at DSHS sole discretion, Contractor's requests for an advance of funds shall be limited to the minimum amount needed for effective accomplishment of the Project under this Contract, and shall be timed as closely as possible to actual cash requirements. Contractor Subrecipient General Provisions (September 1, 2015) 35 shall establish procedures to minimize the time elapsing between the transfer of funds from DSHS to Contractor, and shall ensure that such funds are disbursed as soon as administratively possible. Section 23.08 Condition Precedent to Requesting Payment. Contractor shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting cash payments including any advance payments from Department. Section 23.09 Management and Control Systems. a. Contractor shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met during the term of the contract through the completion of the closeout procedures. b. Contractor shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS. Those requirements and procedures include, at a minimum, the following: 1. Financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; 2. Financial management systems that include accurate accounting records that are accessible and identify the source and application of funds provided under each Program Attachment of this Contract, and original source documentation substantiating that costs are specifically and solely allocable to a Contract and its Program Attachment and are traceable from the transaction to the general ledger; 3. Effective internal and budgetary controls; 4. Comparison of actual costs to budget; determination of reasonableness, allowableness, and allocability of costs; 5. Timely and appropriate audits and resolution of any findings; 6. Billing and collection policies; and 7. Mechanism capable of billing and making reasonable efforts to collect from clients and third parties. Section 23.10 Effect of Grant Close Out. Contractor must submit all requests for reimbursement prior to the date of the closure of the grant. DSHS may reject any request for reimbursement submitted after closure of the grant. ARTICLE XXIV ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 24.01 Allowable Costs. a. Except as provided by Section 23.06, DSHS will reimburse Contractor for services satisfactorily performed, and sufficiently documented for allowable costs. b. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. c. DSHS will determine whether costs submitted by Contractor are allowable and eligible for reimbursement. Subrecipient General Provisions (September 1, 2015) 36 d. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and Contractor shall return the funds to DSHS within 30 calendar days of the date of this written notice. e. DSHS may withhold all or part of any payments to Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to DSHS, or if financial status report(s) are not submitted by the due date(s). DSHS may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obl igations. Applicable Cost principles, Audit requirements and Administrative Requirements Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments OMB Circular A-87 (2 CFR, Part 225) OMB Circular A -I33 and UGMS UGMS, OMB Circular A-102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A-21 (2 CFR, Part 220) OMB Circular A-133 OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non -Profit Organizations OMB Circular A-122 (2 CFR, Part 230) OMB Circular A-133 and UGMS UGMS; OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31. Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency OMB Circular A- 133 and UGMS UGMS and applicable Federal awarding agency common rule A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. The Contract will specify appropriate grant guidance. Section 24.02 Property Acquisitions. Department funds must not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property are not allowable. Subrecipient General Provisions (September 1, 2015) 37 Section 24.03 Cost Allocation Plan. a. Contractor shall implement and follow the applicable Cost Allocation Plan. b. Contractor shall submit a Cost Allocation Plan on the format provided by DSHS to the Department's Contract Oversight and Support Section, at Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, or by email to. z . i, ;ff no later than the 60'x' calendar day after the effective date of the Contract, except when a Contractor has a current Cost Allocation Plan on file with the Department. If Contractor's plan is the same as the plan previously submitted to DSHS, by signing this Contract, Contractor certifies that its current Cost Allocation Plan for the current year is the same as the plan previously submitted. c. If the Cost Allocation Plan changes during the Contract term, Contractor shall submit a new Cost Allocation Plan to the Contract Oversight and Support Section within 30 calendar days after the effective date of the change. Section 24.04 Overtime Compensation. Except as provided in this section, Contractor shall be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the employee's normal rate of pay for hours worked in excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion of overtime only under the following conditions: a. With the prior written approval of DSHS; b. Temporarily, in the case of an emergency or an occasional operational bottleneck; c. When employees are performing indirect functions, such as administration, maintenance, or accounting; d. In performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or e. When lower overall cost to DSHS will result. Section 24.05 Independent Single or Program -Specific Audit. a. If Contractor within Contractor's fiscal year expends a total amount of at least $750,000 in federal funds awarded, Contractor shall have a single audit or program -specific audit in accordance with the 2 CFR § 200.501. The $750,000 federal threshold amount includes federal funds passed through by way of state agency awards. b. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in state funds awarded, Contractor must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. c. For-profit Contractors whose expenditures meet or exceed the federal and/or state expenditure thresholds stated above shall follow the guidelines in 2 CFR § 200.501 or UGMS, as applicable, for their program -specific audits. d. The HHSC Office of Inspector General (OIG) will notify Contractor to complete the Single Audit Status Registration Form. e. If Contractor fails to complete the Single Audit Status Form within 30 calendar days after notification by OIG to do so, Contractor shall be subject to DSHS sanctions and remedies for non- compliance with this Contract. Subrecipient General Provisions (September 1, 2015) 38 f. The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS, which is accessible through a web link on the DSHS website at http: 'www.dshs.state.tx.us.`contracts.'links.shtm. g. Contractor shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. Contractor, unless Contractor is a state governmental entity, shall competitively re -procure independent single audit services at least every six years. Section 24.06 Submission of Audit. Within thirty (30) calendar days of receipt of the audit reports required by the Independent Single or Program- Specific Audit section, Contractor shall submit one copy to the Department's Contract Oversight and Support Section, and one copy to the OIG, at the following addresses: Department of State Health Services Contract Oversight and Support, Mail Code 1326 P.O. Box 149347 Austin, Texas 78714-9347 Health and Human Services Commission Office of Inspector General Compliance/Audit, Mail Code 1326 P.O. Box 85200 Austin, Texas 78708-5200 Electronic submission to DSHS should be addressed as follows: COSContractAdminislration• rr'dshs_state.ix. us Electronic submission to HHSC should be addressed as follows: Oueenah.Teamah a hhsccstate.tx_us If Contractor fails to submit the audit report as required by the Independent Single or Program -Specific Audit section within thirty (30) calendar days of receipt by Contractor of an audit report, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. ARTICLE XXV INSURANCE AND BONDS Section 25.01 Insurance. In addition to the Insurance provision in Section 14.22 of the General Provisions, Contractor shall maintain insurance or other means of repairing or replacing assets purchased with Department funds. Contractor shall repair or replace with comparable equipment any such equipment not covered by insurance that is lost, stolen, damaged or destroyed. If any insured equipment purchased with DSHS funds is lost, stolen, damaged or destroyed, Contractor shall notify the contract manager assigned to this Contract within 5 business days of learning of the Toss, to obtain instructions whether to submit and pursue an insurance claim. Contractor shall use any insurance proceeds to repair the equipment or replace the equipment with comparable equipment or remit the insurance proceeds to DSHS. Subrecipient General Provisions (September 1, 2015) 39 Section 25.02 Fidelity Bond. a. For the benefit of DSHS, Contractor is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under this Contract up to $100,000 that covers each employee of Contractor handling funds under this Contract, including person(s) authorizing payment of such funds. b. The fidelity bond or insurance must provide for indemnification of losses occasioned by any fraudulent or dishonest act or acts committed by any of Contractor's employees, either individually or in concert with others, and/or failure of Contractor or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. The bond or insurance acquired under this section must include coverage for third party property. c. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the fidelity bond or insurance. Section 25.03 Liability Coverage. For the benefit of DSHS, Contractor shall at all times maintain liability insurance coverage, referred to in Tex. Gov. Code § 2261.102, as "director and officer liability coverage" or similar coverage for all persons in management or governing positions within Contractor's organization or with management or governing authority over Contractor's organization (collectively "responsible persons"). This section applies to entities that are organized as non-profit corporations under the Texas Non -Profit Corporation Act; for-profit corporations organized under the Texas Business Corporations Act; and any other legal entity. Contractor shall maintain copies of liability policies on site for inspection by DSHS and shall submit copies of policies to DSHS upon request. Contractor shall maintain liability insurance coverage in an amount not Tess than the total value of this Contract and that is sufficient to protect the interests of Department in the event an actionable act or omission by a responsible person damages Department's interests. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the insurance. ARTICLE XXVI TERMINATION, BANKRUPTCY AND CLOSEOUT Section 26.01 Final Budget Contractor shall submit an actual Budget to DSHS no later than sixty (60) days after the contract termination date or at the conclusion of all contract activities, whichever occurs first. The Budget shall be in a format prescribed by DSHS and shall be accompanied by a report of all activities performed under this Contract. Section 26.02 Bankruptcy. In the event of bankruptcy, Contractor shall sever Department property, equipment, and supplies in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Department, who may require that the property, equipment and supplies be returned to DSHS. Subrecipient General Provisions (September 1, 2015) 40 Section 26.03 Title to Property. At the expiration or termination of this Contact for any reason, title to any remaining equipment and supplies purchased with funds under this Contract reverts to Department. Title may be transferred to any other party designated by Department. The Department may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to Contractor. Section 26.04 Disposition of Property. a. Contractor shall follow the procedures in the American Hospital Association's (AHA) "Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract term, of equipment purchased with the Department funds, except when federal or state statutory requirements supersede or when the equipment requires Iicensure or registration by the state, or when the acquisition price of the equipment is equal to or greater than $5,000. b. All other equipment not listed in the AHA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than $5,000) will be controlled by the requirements of UGMS. c. If, prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had an acquisition price equal to or greater than $5,000, Contractor shall request disposition approval and instructions in writing from the contract manager assigned to this Contract. d. After an item reaches the end of its useful life, Contractor shall ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. Section 26.05 Closeout of Equipment. At the end of the term of a Contract that has no additional renewals or that will not be renewed (Closeout), or when a Contract is otherwise terminated, Contractor shall submit to the contract manager assigned to this, an inventory of equipment purchased with Department funds and request disposition instructions for such equipment. All equipment purchased with Department funds must be secured by Contractor at the time of Closeout, or termination of this Contract, and must be disposed of according to the Department's disposition instructions, which may include return of the equipment to DSHS or transfer of possession to another DSHS contractor, at Contractor's expense. ARTICLE XXVII NON-EXCLUSIVE LIST OF APPLICABLE LAWS Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, will apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well as Office of Management and Budget (OMB) Circulars (as codified in Title 2 of the Code of Federal Regulations), the Uniform Grant and Contract Management Act of i 981 (UGMA), Tex. Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts, Texas Procurement and Support Services Division. UGMA and UGMS can be located through web links on the DSHS website at lutp://wwu.dshs.state.tx.us.contractslinks.slum Subrecipient General Provisions (September 1, 2015) 41 Contractor also shall comply with all applicable federal and state assurances contained in the Uniform Grant Management Standards. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Policy Statement, both of which may be located through web Iinks on the DSHS website at http://www.dshs.statc.tx.us/contracts/links.shtm. For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Subrecipient General Provisions (September 1, 2015) 42 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 20, 2015 Second Reading Ordinance for the City Council Meeting of October 27, 2015 DATE: TO: September 30, 2015 Ronald L. Olson, City Manager THRU: Margie Rose, Deputy City Manager MargieR@cctexas.com 361.826.3220 Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the grant contract for the Nutrition Services Section/Women, Infants and Children (NSS/WIC) grant in the amount of $1,002,324, and appropriation of the funds for the contract period October 1, 2015 through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Nutrition Services Section/Women, Infant's and Children (NSS/WIC) grant in the amount of $1,002,324, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the WIC program for the contract period October 1, 2015, through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. PURPOSE: To provide funds for personnel costs, supplies and other expenses to run The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) that provides supplemental foods, health care referrals, and nutrition education for eligible low-income pregnant, breastfeeding, and non -breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk within the State of Texas. BACKGROUND AND FINDINGS: Population Served: The WIC target population are low-income, nutritionally at risk: • Pregnant women (through pregnancy and up to 6 weeks after birth or after pregnancy ends). • Breastfeeding women (up to infant's 1st birthday) • Nonbreastfeeding postpartum women (up to 6 months after the birth of an infant or after pregnancy ends) • Infants (up to 1st birthday). WIC serves 53 percent of all infants born in the United States. • Children up to their 5th birthday. Benefits The following benefits are provided to WIC participants: • Supplemental nutritious foods • Nutrition education and counseling at WIC clinics • Screening and referrals to other health, welfare and social services Program Delivery WIC is not an entitlement program as Congress does not set aside funds to allow every eligible individual to participate in the program. WIC is a Federal grant program for which Congress authorizes a specific amount of funds each year for the program. WIC is • administered at the Federal level by FNS • administered by 90 WIC state agencies, through approximately 47,000 authorized retailers. • WIC operates through 1,900 local agencies in 10,000 clinic sites, in 50 State health departments, 34 Indian Tribal Organizations, the District of Columbia, and five territories (Northern Mariana, American Samoa, Guam, Puerto Rico, and the Virgin Islands). Examples of where WIC services are provided: • county health departments • hospitals • mobile clinics (vans) • community centers • schools • public housing sites • migrant health centers and camps • Indian Health Service facilities ALTERNATIVES: Refuse the grant and discontinue providing Women, Infants, and Children services for the community. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: III Operating Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $1,002,324 $1,002,324 BALANCE $1,002,324 $1,002,324 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract to begin October 1, 2015. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Contract No. Pending (8/28/2015 Letter of Intent attached in lieu of Contract) Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Nutrition Services SectionNVomen, Infant's and Children (NSS/WIC) grant in the amount of $1,002,324, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the WIC program for the contract period October 1, 2015, through September 30, 2016; and ratifying acceptance of the grant agreement to begin October 1, 2015. 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 and appropriate a total grant amount of $1,002,324, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of October 1, 2015, through September 30, 2016, to provide funds for the WIC program. Section 2: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 3: Further the City Council ratifies acceptance of the grant to begin as of October 1, 2015. A copy of the executed grants 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 , 2015, by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor TEXAS DEPARTMENT OF STATE HEALTH SERVICES KIRK COLE INTERIM COMMISSIONER August 28, 2015 Ms. Christina Zamarripa, WIC Director LA #38, Corpus Christi-Nueces County Public Health District 1702 Horne Road Corpus Christi, TX 78416 P.O. Box 149347 Austin. Texas 78714-9347 1-888-963-7111 TTY: 1-800-735-2989 www.dshs.state.tx.us Dear Ms. Zamarripa: FY 2016 WIC contracts, effective dates October 1, 2015 through September 30, 2016, are currently being prepared and entered into our system. A breakdown of the total "not -to -exceed" is outlined in the table below. A copy of the contract will be sent to agencies for signature once all have been entered. In order to help your agency with budgeting, we have provided you with the following funding amounts: Project Project Contact Initial Amount Type of Allocation _ Admin NE BF WIC Funding Benny Jasso bennv.iasso@dshs.state.tx,us $830,324.00 X X X (512) 341-4573 Peer Caunselarkristina.arrieta@dshs.state.tx.us Kristina Arrieta (512) 341-4593 $84,000.00 X Registered Dietitian Angela Gil angela.gil@dshs.state.tx.us $62,000.00 X X X (512) 341-4590 Obesity Prevention Angela Gil angela.gil@dshs.state.tx.us $20,000.00 X (512) 341-4590 Lactation ServicesLatth.nljorose@dshs.state.tx.us Faith Njoroge $6,000.00 X (512) 3414575 Total Contract "Not to Exceed" Amount $1,002,324.00 Please note that these are initial funding amounts. These amounts may be adjusted at any time during the contracting period. Your agency will be notified by Letter of Amendment for any adjustments to your funding. An Equal Opportunity Employer and Provider Ms. Christina Zamarripa, WIC Director August 28, 2015 Page 2 In order for the State Agency to track these expenditures, please bill for each of these projects on separate State of Texas Purchase Vouchers (B-13). In order to capture all special project expenditures, continue to bill on a separate voucher even if you exceed the allocation amount listed above. Any amount over your allocation will be charged appropriately to your regular funding. Remember to label each voucher with the specific project name you are billing for, as well as listing allocations to Administrative (Admin), Nutrition Education (NE) and Breast feeding (BF) costs. Vouchers without allocations listed will not be applied toward your NE or BF expenditures. Grants that may only be allocated to one category will be applied to that category without any need for allocations. This letter is approval for funding only. It does not relieve the agency from seeking additional approvals as required by WIC Policy. Requests for purchases should be submitted electronically to the Contract Development and Support Branch email box at: cdsb@dslys,state.tx.us. If you have any questions or require additional information regarding your special projects, please use the project contact information listed above. Questions concerning billing should be directed to Alisin Genfan at (512) 776-3156, or alisin.genfan@dshs.state.tx.us. Sincerely, 4SS 4c Lindsay Rodgers, 'rector Nutrition Services Section AG:kk An Equal Opportunity Employer and Provider Ms. Christina Zamarripa, WIC Director August 28, 2015 Page 3 Special Projects Note: Not all agencies are approved for all special projects. Please refer to cover letter. Peer Counselor— This funding can be used for training and salaries of peer counselors who assist pregnant and breastfeeding WIC participants. It can also be used for communication equipment you may have requested and travel expenses peer counselors may incur in the course of performing their job duties or attending training and/or conferences. Allocations are made based upon the following criteria: number of pregnant and breastfeeding women served, retaining counselors established with previous discretionary funding, prevalence of serving rural and remote locations, and breastfeeding rates. Registered Dietitian (RD) — Use this special funding for reimbursement of RD duties such as: • Assisting with the Quality Assurance Program (i.e., ongoing evaluation of individual counseling, nutrition education classes, clinical procedures, etc.). • Assisting with the implementation of Value Enhanced Nutrition Assessment (VENA). • Providing staff training on nutrition -related topics and nutrition assessment procedures. • Assisting with your local agency's WIC Certification Specialist Program. • Developing and implementing a quality assurance program. • Assisting with completion and application of the Nutrition Education, Breastfeeding and Training Plan. • Providing high-risk individual counseling. • Conducting facilitated discussion nutrition education classes. • Consultation regarding the appropriate issuance of special formulas. • Developing and implementing the Obesity Prevention Mini Grant. Please note the following: • All local agencies are required to have an RD on staff or on contract (WIC Policy GA:14.0). • You must follow Policy AC: 16.0 — Allowable Costs - Professional Contract Services, when securing the services of an RD consultant via contract. • Use a separate State of Texas Purchase Voucher (form B-13) to bill the state for RD services funded by this special allocation. Specify on the face of the voucher that this is reimbursement for an RD consultant or to defray the cost of a staff RD. • Prior to contracting with the RD, the RD should provide you with a copy of his/her registration card from the Commission on Dietetic Registration. This is proof that the consultant is an RD. The State Agency plans to reallocate any unused RD funds later this fiscal year. At that time, funds will be shifted from local agencies that have not used their funds to local agencies that need additional funding. Obesity Prevention Mini Grant (OPMG) — OPMG funding may be used to pay for staff time and expenses related to the project as detailed in your accepted project budget. Please be advised that acceptance of your project does not relieve you of the responsibility to seek State Agency approval for a specific dollar threshold related to particular items if State Policy requires it. An Equal Opportunity Employer and Provider Ms. Christina Zamarripa, WIC Director August 28, 2015 Page 4 Lactation Services — Funds are being provided to help your agency provide breastfeeding assistance to WIC participants and WIC staff. This funding can be used for contract or regular WIC employees. You will be reimbursed for the following expenses: • To reimburse local agencies for fees paid to: • Counsel WIC moms with breastfeeding problems that are beyond the expertise of WIC staff. • Provide training to WIC staff, conduct special breastfeeding classes or support group sessions, or assist with WIC -sponsored workshops for health-care professionals. • To reimburse local agency staff for fees paid to prepare for (i.e., study materials) or take the International Board of Lactation Consultant Examiners (IBLCE) exam. See www.iblce.org for more information. • To pay for equipment that would complement lactation consults such as nipple shields and shells, nursing bras, large and extra -large breast pump flanges, and supplemental nursing systems. • To pay for staff reference books and teaching aids such as breastfeeding dolls, stuffed breasts, belly balls, flip charts and other teaching tools. • To pay for equipment to establish and supply a nursing room to be used for lactation consultations and a private place for WIC moms to nurse and pump. Examples include chairs, pillows, stools, side table, lamps, peer counselor desk and chair, and dividers for privacy. An Equal Opportunity Employer and Provider AGENDA MEMORANDUM First Reading Item for the City Council Meeting of October 20, 2015 Second Reading Item for the City Council Meeting of October 27, 2015 DATE: October 15, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering jeffreye@cctexas.com (361) 826-3851 Execute Construction Contract Municipal Communication Studio Facility Renovation CAPTION: Ordinance appropriating $1,033,210.58 from the Unreserved Fund Balance in No. 1031 Public, Education and Government Cable Fund; changing the FY 2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $1,033,210.58; and authorizing the City Manager or designee to execute a construction contract with Safenet Services, LLC of Corpus Christi, Texas in the amount of $619,625 for the City of Corpus Christi Municipal Communication Studio Facility Renovation for the Base Bid. PURPOSE: The purpose of this Agenda Item is to execute a construction contract with Safenet Services, LLC for Municipal Communication Studio Facility Renovation. BACKGROUND AND FINDINGS: The City of Corpus Christi was one of the last four cities in Texas to transition from a local cable franchise to state issued franchise in 2012. At the time, the City was grandfathered four cable signals maintained according to Public, Education and Government (PEG) programming standards. All four channels originate from City Hall and are carried on cable television providers Time Warner Cable and Grande Communications with an AT&T Uverse expansion in progress. As a result of the change in franchise, the City now receives cable franchise funds dedicated to the capital operation of the channels. The first major project using capital franchise funds is dedicated to the renovation of an existing space in the City Hall basement to house the infrastructure, studio space and offices for PEG operations. By creating a space dedicated to PEG operations, the City will be able to expand video programming and improve overall quality of channel programming. A dedicated studio operations space will also help prevent issues previously encountered with donated space including scheduling limitations, audio quality and specialized infrastructure requirements including power, lighting and cameras. Most cities receiving PEG franchise funds have already invested heavily in studio operations including Laredo, San Antonio, Houston, McAllen and Austin. This proposed project scope consists of renovations to an existing 2,500 square foot space at the basement floor level of City Hall. The project includes demolition of existing interior wall partitions, construction of new specialized studio partitions, electrical improvements, HVAC modifications, storm water drainage line relocation, new specialized acoustical sound ceilings, sound rated doors, suspended light grid, cabinetry, and furniture. New studio equipment compatible with existing systems will be included under a separate contract. On September 9, 2015 the City received a proposal and the bid is as follows: Contractor Total Base Bid Safenet Services, LLC Corpus Christi, Texas $619,625 ALTERNATIVES: 1. Execute the Construction Contract with Safenet Services, LLC. as proposed. (Recommended). 2. Do not execute the Construction Contract with Safenet Services, LLC. as proposed. (Not Recommended) OTHER CONSIDERATIONS: The Engineer's Opinion of Probable Construction Cost (OPCC) for the Base Bid is $571,681.55. The bid of Safenet Services, LLC is greater than the Engineer's OPCC; however, project funds are available to allow for the construction of the Base Bid for a total construction price of $619,625. These costs include furnishings associated with studio operations and provide for extensive electrical work required for the high voltage studio equipment and relocation of a storm water drainage line serving city hall. The price per square foot for this proposed project is $248/square foot. Other municipal studio facilities under design by the same consultant for the Dallas/Fort Worth area are expected to bid at substantially higher prices. Facility Location Cost Price/Estimate Square Footage Dollar per Square Foot Corpus Christi $619,625 2,500 sf $248/sf Dallas $2,800,000 8,000 sf $350/sf Dallas $5,400,000 16,000 sf $338/sf The project was advertised in the Corpus Christi Caller Times twice (consecutive Monday's) and on the website www.Civcastusa.com. The Civcast website tracks information on projects bidding and their records show this project was downloaded by 34 interested parties including: • 6 general contractors • 7 sub -contractors • 2 suppliers • 8 plan rooms, • and various others including manufacturers and engineers A mandatory pre-bid meeting was held on August 18th, 2015 at City Hall and three general contractors attended and toured the project location. Only one of these general contractors submitted a bid. A follow up with the other two contractors resulted in one did not submit a bid due to obligations on other projects and the other did not receive drywall subcontractor bid information in time to meet the bid deadline. In light of the favorable price, the above information and due to the time and expense to re -bid the project, staff recommends the project be awarded to the sole bidder. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; FY 2015-2016 Operating Budget. EMERGENCY/NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Department of Media, EGovernment, and Communications FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $66,789.42 $1,033,210.58 $1,100,000.00 Encumbered/Expended Amount 66,495.86 66,495.86 This item 619,625.00 619,625.00 Future Anticipated Expenditures This Project 366,771.66 366,771.66 BALANCE $293.56 $46,813.92 $47,107.48 Fund(s): Public, Education & Government Cable COMMENTS: The $1,100,000 grant for this project is for the total cost of constructing and then equipping the studio. At the end of Fiscal Year 2015, all remaining proceeds associated with this project fell to fund balance. This item appropriates the entire balance of the project budget so equipment may be purchased and installed as the work on the studio space is completed. The Construction Contract will result in the expenditure amount not to exceed $619,625 and the project is estimated to be complete in 150 Calendar Days from the Notice to Proceed. RECOMMENDATION: City Staff recommends the approval of the construction contract with Safenet Services, LLC of Corpus Christi, Texas. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation PROJECT BUDGET City of Corpus Christi Municipal Communication Studio Facility Renovation FUNDS AVAILABLE: Fiscal Year 2015 Operating Funds (Public Information) Fiscal Year 2016 Operating Funds (PEG) (THIS ITEM) TOTAL FUNDS AVAILABLE $1,100,000.00 $ 66,789.42 1,033,210.58 FUNDS REQUIRED: Construction (Safenet Services, LLC) (THIS ITEM) Contingencies (10%) Communication and Studio Equipment (RushWorks) Construction Inspection (estimate) (3.5%) Engneer Fees: *Architectural Engineer (Russ Berger Design Group) Reimbursements: Administration/Finance (Cap.Pr./Cap.Budget/Finance) (2.5%) Engineering Services (Project Mgmt/Constr Mgmt) (2.75%) Miscellaneous TOTAL FUNDS REQUIRED PROJECT BUDGET BALANCE * A/E Consultant Contract awarded by City Council on May 27, 2014. $619,625.00 61,962.50 203,855.02 38,500.00 66,200.00 27,500.00 30,250.00 5,000.00 $1,052,892.52 $47,107.48 Page 1 of 2 Ordinance appropriating $1,033,210.58 from the Unreserved Fund Balance in No. 1031 Public, Education and Government Cable Fund; changing the FY 2016 Operating Budget adopted by Ordinance No. 030620 to expenditures by $1,033,210.58; and authorizing the City Manager or designee to execute a construction contract with Safenet Services, LLC of Corpus Christi, Texas in the amount of $619,625 for the City of Corpus Christi Municipal Communication Studio Facility Renovation for the Base Bid. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $1,033,210.58 from the Unreserved Fund Balance is appropriated in No. 1031 Public, Education and Government Fund. SECTION 2. The FY 2016 Operating Budget adopted by Ordinance No. 030620 is changed to increase expenditures in the amount of $1,033,210.58. SECTION 3. The City Manager or designee is authorized to execute a construction contract for the City of Corpus Christi Municipal Communication Studio Facility Renovation in the amount of $619,625 with Safenet Services, LLC of Corpus Christi, Texas for the contract Base Bid. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary @BCL@84059183 Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED on this the day of , 2015. ATTEST: Rebecca Huerta City Secretary @BCL@84059183 Nelda Martinez Mayor ‘t• Corpus Chr sti Capital Programs City of Corpus Christi Municipal Communication Studio Facility Renovation Council Presentation October 20, 2015 Project Location Corpus Chr sti Capital Programs Project Layout Corpus Chr sti Capital Programs Project Scope Corpus Chr sti Capital Programs Project includes: • Renovation of approximately 2,500 square feet of office space • Selective demolition of interior partitions. • The relocation and re -sloping of an existing roof drain leader. • The construction of new interior partitions. • Installation of specialized acoustical treatment. • Installation of a studio lighting pipe grid structure. • Installation of specialized finishes and cabinetry - including wood paneling, painting, and field fabricated acoustical treatment. • Infrastructure for cabling and controls for the studio and control room equipment. Actual cabling and installation of equipment will be by others and not a part of this Construction Contract. Project Schedule Corpus Chr sti Capital Programs 2014 2015 2016 c la I`� to z° as 0 as L a) DESIGN W 0 > 0 � O z o BID u_ c 2al a a 2 CONSTRUCTION Project Construction Estimate: 150 Calendar Days 5 Months 111,114‘ 1P4v111 P LI*gi IPROJECT LOCATION . Ex,l E13144 osti saluwwisrfilltsi City of Corpus Christi Municipal Communication Studio Facility Renovation CITY COUNCIL EXHIBIT _ CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1OF1 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 20, 2015 Action Item for the City Council Meeting of October 27, 2015 DATE: October 2, 2015 TO: Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 Jeff Edmonds, Director of Engineering Service JeffE@cctexas.com (361) 826-3851 Granting a Revocable Easement to Eagle Ford Pipeline, LLC at Mobile Estates Park CAPTION: Ordinance granting a twelve (12) foot wide Revocable Easement to Eagle Ford Pipeline, LLC to construct, operate, maintain, repair and remove two (2) 20 -inch pipelines along the east side of a City park known as Mobile Estates Park, located south of IH -37 and west of Lantana Street; for the amount of $43,054 as compensation to the City; authorizing the City Manager or designee to execute a Revocable Easement instrument and other related documents for the conveyance of the revocable easement. PURPOSE: This ordinance conveys a Revocable Easement to Eagle Ford Pipeline, LLC which enables them to construct two pipelines along the eastern side of a City's park known as Mobile Estates Park. BACKGROUND AND FINDINGS: Eagle Ford Pipeline, LLC is presently acquiring easement rights for a new pipeline system to connect their terminal at Suntide Road with their other terminal located north of Lantana Road on the ship channel. This pipeline system proposes to cross the City's park property known as Mobile Estates Park. The City recently received a request from Eagle Ford Pipeline, LLC to grant a Revocable Easement for two pipelines which would cross the City's park as shown in red on the attached City Council Exhibit. Both pipelines would be constructed by a horizontal directional boring process beginning 500 feet south of the park and ending north of IH 37. The pipeline will be installed at a depth of approximately 40 feet below the parks surface. There will be no valves or other fixtures within the park property. The City's Department of Engineering and Park & Recreation staff have met to evaluate the easement request and have no objection to its placement across the park property. The amount of $43,054 has been calculated by the City Land Acquisition staff as compensation for the easement based on three variables using pipe diameter, pipe length, and easement area. In oilfield applications, pipeline easement values are typically calculated using a "per rod" or "per foot" unit value for each pipe installed. The typical fee is $2.00 per inch of outside diameter per foot of pipe. Easements are not standard in width and are requested by pipeline companies in varied widths which allow installation of multiple pipelines. City Land Acquisition staff has produced a two part formula which takes into consideration the size and length of the pipes as well as the easement area they occupy. The City's compensation of $43,054 is calculated below: A) Pipe Size, Length, and Quantity Fee: a. Pipe will be charged $2.00 per inch of outside diameter per linear foot. b. Each pipe in the easement will be charged its own individual fee. 20 -inch pipe X $2.00/inch/foot $40.00/foot X 459.0 ft $18,360 per pipe X 2 pipes = $40.00 per foot = $18,360.00/pipe = $36,720.00 B) Easement area fee: a. Easement area is calculated in square feet. b. Easement area is multiplied times a unit cost per square foot of land based on a percentage of fee value of subject land. c. Easements equate to 75% of fee simple value of the land. 12 feet wide X 459 feet long = 5,508.00 square feet 5,508 square feet X $1.15/SF* = $6,334.00 C) Total fee: Pipe Size, Length, and Quantity Fee: Easement Area Fee: Total Just Compensation: $36,720.00 $ 6,334.00 $43,054.00 *Based on appraisal report of various City parks, the fee value of Mobile Estates Park is interpolated at $1.53 per square foot. Easement values are approximately 75% of fee value. Mobile Estates Park value of $1.53 at 75% equates to $1.15 per square foot. This apportionment method is consistent with previous Revocable Easement conveyances granted by the City across City land. The method takes into consideration the variables involved and accommodates requests from pipeline companies for easements of various widths and with multiple sized pipe. The Revocable Easement instruments contain terms and conditions which pertain to construction standards and compliance with laws, including the City's Pipeline License Ordinance passed in 1993 under Ordinance No. 021776. A Pipeline License Agreement is in the process of being issued to Eagle Ford by the Development Services since the pipeline also crosses various City street right-of-ways. The easement is revocable by the City if Eagle Ford violates and fails to correct any of the laws, rules, or regulations of the Department of Transportation, Railroad Commission, and certain City ordinances. Eagle Ford will also fully indemnify the City against any and all liability, damage, Toss claims and actions of any nature as stated in Section 12 of the attached Revocable Easement instrument. Authorization to convey or amend easements across City land is required by City Council. There is no title company participation required in the conveyance of this easement. ALTERNATIVES: Do not grant the easement. Eagle Ford Pipeline, LLC. is a common carrier in the State of Texas with eminent domain rights. Failure to grant the easement to them could lead to eminent domain proceedings against the City. OTHER CONSIDERATIONS: Eagle Ford Pipeline, LLC requires this Revocable Easement in order to construct their pipelines. CONFORMITY TO CITY POLICY: The City is authorized under its home -rule authority, as well as under the grant of powers under Section 1, Article X of the Charter, to convey this easement. This ordinance also conforms to Section 1, Article IX of the Charter. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering and Park & Recreation Departments FINANCIAL IMPACT: ❑ Operating [x] Revenue ❑ Capital ❑Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item (Revenue) 43,454 43,454 BALANCE 43,454 43,454 Fund(s): Comments: This is a revenue item. No expenditures are required. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Certification of Funds Council Exhibit Revocable Easement, Ordinance Ordinance granting a twelve (12) foot wide Revocable Easement to Eagle Ford Pipeline, LLC to construct, operate, maintain, repair and remove two (2) 20 -inch pipelines along the east side of a City park known as Mobile Estates Park, located south of IH -37 and west of Lantana Street; for the amount of $43,054 as compensation to the City; authorizing the City Manager or designee to execute a Revocable Easement instrument and other related documents for the conveyance of the revocable easement. Section 1. That a Revocable Easement be granted to Eagle Ford Pipeline, LLC, for the purpose of constructing, operating, maintaining, repairing and removing two (2) 20 - inch pipelines across a tract of City owned land known as Mobile Estates Park located south of IH -37 and west of Lantana Street, for the amount of $43,054 paid to the City. Section 2. That the City Manager or designee is authorized to execute the Revocable Easement and other related documents for the conveyance of the revocable easement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor PASSED AND APPROVED, this the day of , 2015. "Mobile Estates 1 Eagle Ford Pipeline, LLC 12' Revocable Easement Mobile Estates Park CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 REVOCABLE EASEMENT (Eagle Ford Pipeline, LLC, 2x20 in., 2015 -NU -028)) THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the City of Corpus Christi, a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting by its duly authorized City Manager, or designee, ("City Manager") in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by Eagle Ford Pipeline LLC, whose address is P.O. Box 4648, Houston, Harris County, Texas, 77210-4648 ("Grantee"), the receipt of which is acknowledged, and the further consideration of "Grantee" complying with the City's Hazardous Substances, Liquids, and Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of Ordinances, and City's pipeline ordinance, Article VII Chapter 49 Code of Ordinances, as amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said Eagle Ford Pipeline LLC, the right to relocate, install, operate, repair, replace, and maintain two (2) pipelines, each not to exceed twenty (20) inches in diameter, for the transportation of natural gas, gaseous products, crude oil, and other hydrocarbons or minerals, whether in gaseous or liquid form, under the land owned by Grantor described and shown on the attached Exhibit TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns, together with the right to enter upon Grantor's tract of land as shown on the attached and incorporated Exhibit "A", for the purpose of relocating, installing, operating, repairing, replacing, and maintaining said Improvements under the following conditions. 1. Definitions: a) City means the City of Corpus Christi, a Texas home -rule municipal corporation. b) Grantor means City, and may be used interchangeably with City. c) City Manager means the City's City Manager or his designee. d) Director means City's Director of Engineering Services or his designee. e) Risk Manager means City's Director of Risk Management or his designee. Revocable Easement 1 of 16 f) City Attorney means City's City Attorney or his designee. g) Grantee means Eagle Ford Pipeline, LLC. h) Improvements means two (2) pipelines, each not to exceed twenty (20) inches in diameter within City property. i) Contractor means Grantee's agent to construct, maintain, replace, repair, or remove the Improvements. j) Exhibit "A" means the Exhibit, whether 1 or more pages, showing the locations where the Improvements enter or cross City property. k) City Utilities means the City's Water, Wastewater, Storm Water and Gas divisions. I) Franchisees' Preexisting Improvements means those improvements owned or operated by a franchise or licensee of the City that were in place prior to the Improvements installed under this Revocable Easement. m) Utilities Representative means the applicable City Utilities representative that needs to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine relocation, installation, operation, repair, replacement, and maintenance work the Utilities Representative will be the appropriate Water, Wastewater, Storm Water or Gas division foreman on duty. The City has Water, Wastewater, and Gas crews on duty or on-call 24 hours a day, 365 days a year. The Water Representative, the Wastewater Representative, the Gas Representative, and the Drainage Representative is the respective name for each division's authorized representative as set out above, and collectively called the Utilities Representative. n) Franchisee's Representative means the representative of a City franchisee or licensee that has preexisting Improvements within 2 -feet of the proposed Improvements that need to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine installation, maintenance, or repair work each franchisee's or licensee's representative (e.g. the SWBT Representative, the AEP Representative) will be contacted. The franchisee and licensee representatives are collectively called Franchisee's Representative. o) City Inspector means that person acting on behalf of a City Utility or the City Street Department inspecting the relocation, installation, Revocable Easement 2of16 operation, repair, replacement, and maintenance of the Improvements. p) Revocable Easement Area means that portion of City property under which the Improvements will be installed, operated, repaired, replaced, and maintained. 2. Construction Standards. All work proposed by Grantee to install, repair, or replace the Improvements will equal or exceed Department of Transportation Pipeline Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 - Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the Improvements. 3. Compliance with Laws. In installing, operating, maintaining, repairing, or replacing the Improvements Grantee must comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary permits from the appropriate agencies, including but not limited to, City Ordinance No. 021776, approved on October 20, 1993, which provides for emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information reporting requirements for existing and new pipelines. 4. Depth Limits and Water Transmission Pipeline Clearances. Grantee must install, replace, repair, and maintain the Improvements so that no portion of the pipeline will be any shallower than four (4') feet from top of existing ground or roadway pavement. Grantee will also maintain a minimum of twelve (12') feet clearance between Grantee's pipelines and any City water transmission pipelines. Grantee must notify the Texas One -Call at 1-800-245-4545, 1-800-DIG-TESS, and Southwestern Bell 1-800- 828-5127 for utility locations in the Revocable Easement Area at least 48 hours prior to the start of construction. 5. Crossing or Ditch Requirements. Prior to any repair or replacement of the Improvements, Grantee must provide protection at all road crossings or ditches, by either casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the method on the construction plans. 6. Operating Pressure. Grantee's maximum operating pressure for the Improvements must not exceed design limitations as set forth in the Railroad Commission or Federal D.O.T. regulations for the size and type of line to be installed and operated. 7. 60 Day Revocation. Grantee understands and agrees that the right and easement herein granted may be revoked at any time by the City of Corpus Christi acting through its City Manager, and Grantee may be required to remove the Improvements at Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of Department of Transportation or Railroad Commission laws, rules, or Revocable Easement 3 of 16 regulations, or City ordinances, Grantee will be given written notice of the violation and 30 days from receipt of such notice to commence to cure the stated violations, within the overall 60 day period. If after the 30 day cure period has expired and Grantee has not cured the violations, this Revocable Easement may be revoked and Grantee may be required to remove the Improvements upon 30 days' notice in writing: provided however that if Grantee has commenced to cure the stated violation but has not completed same with the 30 day cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. 8. Improvements Markers. Grantee will place markers at the points where such Improvements enter or leave a public street or drainage right-of-way or other City property. Such markers must be of permanent construction bearing Grantee's name and emergency telephone number and placed on the edge of the public right-of-way. 9. Assignability. This Revocable Easement, and all its terms and conditions, bind and inure to the benefit of Grantor and Grantee and their respective lessees, licensees, successors, and assigns. Grantee may assign this Revocable Easement to any person, firm, corporation, partnership, or other entity, with the prior written consent of Grantor's City Manager, which consent will not be unreasonably withheld. Any assignment must provide that the assignee unconditionally assumes all the duties and obligations of assignor upon the same terms and conditions as set out in this Revocable Easement, which assumption of duties and obligations is partial consideration for Grantor's consent to the assignment. 10. Construction Drawings & As-Builts. Grantee must provide Director with a set of construction plans for all work proposed for the Improvements located within the Revocable Easement Area, one month prior to the start of construction, for Director's review and approval. The plans will tie the centerline of the proposed Improvements to the centerline of the Revocable Easement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Grantee must provide the Director with a complete depth profile, distance, and location of its Improvements from existing City utilities, other franchised utilities, and other pipelines, that fall within the Revocable Easement Area. The Grantee is advised that centerline of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below: Water - 60" Wastewater - 18" Gas - 18" Storm Water - 18" TimeWarner - 12" SWB -12" AEP (CPL) - 12" ESPIRE- 12" KMC -12" ICG - 12" Grande(ClearSource) - 12" Caprock - 12" The Grantee must provide the Director with a 24"x36" size reproducible set of as -built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in Grantee's Revocable Easement being forfeited by the City. 11. Insurance. The Grantee must not commence work under this Agreement until it and its Contractor have obtained through self-insurance or insurance Revocable Easement 4of16 policies required herein and proof of such insurance as evidenced by the Certificate of Insurance has been submitted to and approved by the Risk Manager. The required type and amount of required insurance coverage is specified in the attached and incorporated Exhibit "B". The Grantee and its Contractor, if any, must have and maintain Commercial General Liability Insurance during the entire construction phase of the project. When construction is finished and the Improvements completed the Grantee must have and maintain Commercial General Liability Insurance through self- insurance or insurance policies for the entire duration of this Revocable Easement and for so long as Grantee's Improvements are located in or upon property of the Grantor. This provision shall survive termination or expiration of this Revocable Easement. The contractual liability portion of this insurance must be broad enough to cover the indemnity agreement in this Agreement. Such policies of insurance must include the City as an additional insured with respect to any liability arising out of the Grantee's and its Contractor's use or maintenance of the Improvements in the Revocable Easement Area. The insurance policies specified must include an endorsement stating that the insurance company(ies) must give the Director 30 days written notice by certified mail, before any policy covered thereby is canceled, not renewed, or materially changed. Copies of all insurance policies from Grantee and Contractor must be provided to City Attorney within 30 days after City Manager's reasonable written request therefor. Grantee and Contractor, if applicable, must provide copies of all insurance policies to the City Attorney within 30 days of the City Manager's reasonable request therefor if an incident -relating to the Improvements or Grantee's operations hereunder -occurs that reasonably appears to be covered by such insurance. If such copies are requested and provided, Grantee may mark the information in Grantee's policies that Grantee believes is confidential or proprietary. If City is requested to provide all or part of Grantee's insurance policies to third parties, City will timely forward the records to the Attorney General for a determination whether the records are "Open Records" under the Texas Open Records Act. City will contemporaneously notify Grantee of the open records request so that Grantee may participate in any available procedures and take steps it believes necessary to protect the nature of the confidential or proprietary information. 12. Indemnity,. Grantee must fully indemnify the City of Corpus Christi, its officers, employees and agents ("Indemnitees") against any and all liability, damage, loss claims, demands, and actions of any nature whatsoever on account of personal injuries (including without limitation, workers; compensation and death claims), or property loss or damage of any kind, or any other kind of damage which arise or are claimed to arise out of or in connection with the Grantee's or Grantee officers', agents', and employees' ("Grantee's Agents' ") negligent acts or omissions or acts of intentional or willful misconduct in their respective installing or marking of the Improvements or other construction, operation, maintenance, repair, control, or use of the Improvements or the Revocable Easement Area, including but not limited to, those damages arising out of Indemnitees' intentional or negligent acts in cutting or causing to be cut Revocable Easement 5 of 16 the Improvements during installation, repair, replacement, maintenance, or operation of City utilities located in or adjacent to the Revocable Easement Area; and including but not limited to those damages arising out of the Grantee's or Grantee's Agents' intentional or negligent acts in cutting or causing to be cut City utility lines during Grantee's or Grantee's Agents' use of the Revocable Easement Area. This provision shall continue so long as Grantee's Improvements are located on City property. 13. Repairs to City's Improvements or Franchisees' Preexisting Improvements. Grantee will repair, or cause to be repaired, any damage its construction, operation, repair, relocation, replacement or maintenance of the Improvements causes to a City street, sanitary sewer, storm sewer, gas, drainage facility, or to a Franchisees' Preexisting Improvements if the City Improvements or Franchisees' Preexisting Improvements were in place prior to Grantee's initial installation of the Improvements. 14. Abandonment of pipeline. Grantee may leave abandoned pipe in place unless the Director requires the Grantee to remove the abandoned pipe to facilitate city operations or protect the public safety. Upon notice from the Director, Grantee shall promptly remove the specified abandoned Improvement. If a Grantee abandons Improvements, the Grantee remains responsible for the safe condition of the Improvements after the pipe is abandoned, The City will not assume ownership or control over the abandoned Improvements, and the City assumes no responsibility for their maintenance and safety, unless the City in writing accepts a particular facility. Subsection 49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and appurtenances not removed by Grantee after abandonment. If Grantee removes any pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances. 15. General Conditions. a) Recordation. City will file the Revocable Easement at the Nueces County Courthouse and Grantee will reimburse City for the recording fees. b) Notification and Verification. Contractor must verify depth and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable Easement Area 48 hours prior to commencing any routine construction or repair work, other than bona fide emergency repairs which must be reported to the appropriate Utilities Representative(s), the Street Superintendent, and the appropriate Revocable Easement 6 of 16 Franchisee's Representative(s) immediately upon Grantee's knowledge of the need for repairs. Contractor must notify the Utility Water Representative Wastewater Representative Gas Representative Street Superintendent Storm Water Superintendent Traffic Signal & Fiber Optic Texas One Call 1-800-DIG-TESS Representatives at: - 361 - 857-1888 (880-3140, after hours) - 361 - 857-1818 (880-3140, after hours) - 361 - 885-6900 (885-4396, after hours) - 361 - 857-1940 (886-2600, after hours) - 361 - 857-1881 (880-3140, after hours) - 361 - 857-1940 (886-7452, after hours) - 361 - 1-800-245-4545 - 361 - 1-800-344-8377 and the Franchisee's Representative(s) at: SWBT - 361 - 881-2511 (1-800-824-4424, after hours) AEP (CP&L) - 361 - 299-4833 (693-9444, after hours) Time Warner - 361 - 857-5000 (857-5060, after hours) Grande (ClearSource) Espire (Fiber Optic) KMC (Fiber Optic) ICG (Fiber Optic) Caprock (Fiber Optic) - 361 - 814-1500 (334-3000, after hours) - 880-5934 (pager, 850-2652, after hours) - 504 - 733-3900 (pager, 1-800-676-9407) - 361 - 561-3204 (361-774-3889, after hours) - 972 - 702-7924 to verify depths, locations, and time of beginning construction or repair The Utility Representatives, the Street Superintendent, and the Franchisee's Representatives may have a representative present during Grantee's construction, repair, or emergency repair operations. c) Permit. 48 hours prior to commencing any routine construction or repair work, and by 9 a.m. the next work day for emergency repairs, the Grantee will apply to the Director or his designee for a permit before disturbing part of the Revocable Easement Area. Grantee must perform the work in accordance with the permit and all applicable federal, state, and local laws and regulations. Contractor must not leave trenches or pits in the Revocable Easement Area open overnight unless Contractor provides adequate safety and security devices to prevent possible injuries or accidents. All trenches or pits must be backfilled as soon as possible, the backfill properly compacted, the surface restored, and the work all done in a neat and workmanlike manner. No bore pits may be left open longer than 14 calendar days regardless of location. Barrel type barricades will be placed Revocable Easement 7 of 16 adjacent to all pits. At a minimum the following items will be included in the permit: i) Bore. Grantee's pipelines crossing the Revocable Easement Area will be dry or slick bored. Wet or slick bore may be approved by the Director if the Grantee will provide the Director or "Designee" sufficient and satisfactory soil analysis information to support the wet bore. ii) Open -Cut. Grantee or its Contractor must saw cut any existing concrete and asphalt down to sub -base, and replace with new concrete or asphalt. The pavement repair must consist of 5 -inches of compacted Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e., 3 -inches and 2 -inches or two lifts of 2.5 -inches. The HMAC pavement must extend over the existing base for a width of 12 - inches on either side of trench cut. Subgrade will be trenched with some prime coat MC -70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand containing a minimum of 2 sacks of Standard Type I Portland cement per cubic yard of sand in street right-of-way where asphalt concrete pavement has been cut and surface. Pavement will be restored as described five feet on each side of cut centerline, such that no settlement will occur in roadway area. Grantee will encase the Improvements in sand, with a minimum of 8 -inches around the Improvements. d) Uncovering City Utilities. A City Inspector has the authority to request Contractor to uncover a Utility Line in the Revocable Easement Area to verify its depth or location. If the proposed Improvements cross an existing transmission main (16" diameter and above), the Contractor will uncover the main at the point of intersection with the Improvements, with a Utilities (Water) Representative on-site during excavation. This excavation will occur 24 hours prior to start of construction of that portion of the Improvements that intersect the transmission main. If the proposed Improvements cross a City Utility, Grantee must maintain a 3 -foot vertical separation; however Grantee must maintain a twelve (12) foot vertical and 5 -foot horizontal separation around all water transmission mains. Grantee must properly compact backfill around all existing City Utilities in accordance with all City constructions standards, including City Water Distribution System Standards, paragraph 15(c), and the City Inspector's request. Contractor must take every precaution to not disturb the soil Revocable Easement 8 of 16 surrounding the existing City Utilities, including any and all thrust blocks. If Contractor's work on the Improvements damages a Waterline, as determined by the Water Representative, a Water crew must be immediately allowed access to the Revocable Easement Area to make all repairs. All City's costs (labor and equipment) associated with the Waterline repairs will be paid by the Grantee within 30 days after City sends Grantee an invoice. The Water Representative will determine the extent of damage to the Waterline and the type of repair necessary. If Contractor's work on the Improvements damages a City Utility line and soil or sand enters service lines and causes damage to residential or non- residential plumbing, Grantee must resolve the damage issue with the individual owners, including all costs associated with resolution. e) City Inspectors. While work is being done within the Revocable Easement Area, including without limitation work around any existing Water main, Contractor must pay for each City Inspector's time at the Revocable Easement Area at a daily rate of $301.31 for each day spent inspecting construction, maintenance, repair, replacement, or relocation of said Improvements. A half-day - 4 or more hours of work - constitutes a whole working day for purposes of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of $56.49 per hour. Grantee must pay these funds to the appropriate City Department within the City as allocated by the Director. The daily rate and overtime charges may be changed by the Director each August 1 based upon the average wages of the City Inspectors. The new charges will be on file with the Director. fj Drainage, grading, and erosion. Contractor must maintain proper drainage at all times, including without limitation at the end of each work day, in all drainage ditches impacted by the construction, maintenance, repair, replacement, or operation of the Improvements. After completion of, or in the event of repair or replacement of, the Improvements Contractor must reshape and grade, and sod if applicable, drainage ditches to a correct and permanent condition as determined by the Director. If the drainage ditch is concrete there will be no grading, etc., but the ditch must be repaired to its previously existing condition as determined by the Director. If there is any erosion of roadway or private property due to loss of existing vegetation along the banks of the drainage ditches, or from any other condition due to disturbing the soil along the Revocable Easement Revocable Easement 9 of 16 Area caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. g) Damages to structures. If there is any damage to driveways, culverts, head walls, and any other structure, public or private, caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. h) Equipment and materials. Grantee may not store or leave overnight any equipment or material in City property. Grantee's equipment or stock pile of material on private property, or on City right-of-way during the day, must not obstruct the vision of vehicles or pedestrians for 500 feet either direction from a street intersection or driveways onto a street. i) Aesthetics. To preserve and protect trees, shrubbery, and other aesthetic features on the street right-of-way and on City property, the Director may specify the extent and methods of tree removal, tree trimming, or replacement, and replacement of other aesthetic features, including specifying the methods of installing the Improvements. The Director will use due consideration in establishing the value of trees and other aesthetic features in the proximity of the proposed Improvements and any special requirements justified by the value of the trees and other aesthetic features. j) Testing. City Inspector determines when laboratory testing will be required, the number, location, and frequency of testing. All testing is at the Contractor's expense. k) Safety. The City Inspector may request any other conditions that may be required to complete this project in a safe and workmanlike manner. 1) Guarantee. Grantee's workmanship and materials must comply with all applicable City Standards and all work must be guaranteed by the Grantee for a one-year period from the date Grantee provides the reproducible, as -built drawing required by Section 10, to the Director. m) Notification of Leaks. Grantee must notify Director of any spills and leaks within the Revocable Easement Area within two business days after Grantee is aware of the spill or leak. Grantee must pay for all remediation costs related to its Improvements spills or leaks within the Revocable Easement Area. Grantee must provide Director a remediation plan that Revocable Easement 10of16 complies with all applicable federal, state, and local rules and regulations at the time of discovery of the leak or spill. The City Manager may investigate the condition and extent of the leaks and spills. 16. City use of Revocable Easement Area. All rights granted Grantee, are subordinate to all uses as the City may make of such Revocable Easement Area, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, for City purposes. 17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from the sale or distribution of natural gas to consumers, whether industrial, commercial or residential, except AEP (Central Power & Light Company), which consumers are located within the city limits of the City of Corpus Christi as may be amended from time to time. It is expressly provided that, as used in this paragraph, the sale of "natural gas" does not include the intercompany sale or transfer by or between two or more business entities of fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling, producing or manufacturing process, of the petro -chemical industry. It is mutually understood and agreed that this Agreement, as written, covers all covenants, agreements, and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to, or changing the terms hereof, and that any party securing this conveyance on behalf of Grantee is without authority to make representation, stipulation, covenant or agreement not herein expressed. Executed this the day of , 2015 GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Valerie H. Gray, P.E. Revocable Easement 11 of 16 APPROVED S TO LEGAL FORM: day of , 2015 By: , Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2015, by Valerie H. Gray, P.E., Executive Director of Public Works, of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Revocable Easement 12 of 16 GRANTEE The above and foregoing REVOCABLE EASEMENT is accepted this the day of , 2015, by George N. Polydoros, Jr., in his capacity as Attorney In Fact of Eagle Ford Pipeline LLC, the Grantee herein, and Grantee agrees to keep and perform the conditions imposed by the Revocable Easement as amended. Eagle Ford Pipeline, LLC By: Name: George N. Polydoros, Jr. Title: Attorney In Fact THE STATE OF TEXAS COUNTY OF § § This instrument was acknowledged before me this day of 2015, by George N. Polydoros, Jr. as Attorney In Fact of Eagle Ford Pipeline LLC, who declared that they executed the same for the purposes therein stated and with proper authority to do so. Notary Public, State of Texas Revocable Easement 130116 EXHIBIT "A" NUECES COUNTY, TEXAS P.O.T. 2015 -NU -02 Il CRY OF CORPUS CJiR115i1 MOBILE ESTATES ti LOT 1-A, BLOCK 1 2.08 ACRES (PARIQ VOL 37, PG. 150 RAR.N.C.T. P.D.B. S 69°3330' W 21 0' MOBILE ESTATES LOT 1, BLOCK 2 VOL 37, PG. 150 M.R.N.CT. DETAIL `A'• NOT TO SCALE CTYP.I R.E.R.W PROPOSED EASEMENT CENTER UNE PIPELINE AND EASEMENT LINEAR FEET 459.1 RODS 27.8 ACREAGE OF REVOCABLE ESMT 0.13 ACREAGE OF TEMP. ESMT — I.H. 37 N 01'06'09' E 22 CORPUS CHRISTI HOUSING AUTHORITY CALLED 21.337 ACRES LOT 1,BLOCK 1 PADRE/INTERSTATE 37 PARK UNIT 2 VOL 84, PG. 243, M.R.N.C.T P.O.C. F.I X. 1,314,459.3' Y. 17.182,006.4' SKYUNENE DE NOTA TH3 PLAT WAS PREPARED VATIgUT THE BENEFR OF COMM' TRW AE ORT ALL DEEDS MERE PRO' 10ED BY THE CUM AND MAY MDT REFLECT 9 T OWNERSF ' EASEMENTS OF PCCO1SS4 ARE NOT SHOWN HEREMH. ND OTHER RESEARCH WAB PEFDFIIIED BYim L110EBSGGNE09AIVEy'DR. ALL WAWA AND DLTTANCE CONTAINED AMR ARE URD, EASED ON THE MAI STATE PLANE COORDINATE SYSTEM. SOUTH ZONE 147Da). LLS sumer FEET NDRTNAxprJ,N DATUM DF 007 2011 A LEGAL D67CIVFTION ACCOMPANIES Thm PLAT EVEN DATE TH3 PLAT I! WENDED POR THE USE Of EAGLE FORD PIPELLNI _, a FCR THE PURPOSE 0' mimosa A PIPELINE EASEMENT IT DOES NOT REPRESENT A DOLMA/NOR CONSTRUCTION SUIF/EY, F70 TOPOGRAPHY OR P011 i*E CROSSINGS ARMONK ON THIS PLAT SURVEY ABSTRACT BOUNDARYNOT RSD VCRFPCD. ASSTIIACT001.NON1ES COWED FROMMEI DATA E VILLAREAL A-1 SCALE 1-- 200 200 100' 0 200 LEGEND - — PROPOSED EASEMENT CENTER UNE PROPERTY WJE --- - - — SWNEYUNE PIPELINE EASEMENT PITA POINT OFBEGIMANG P.D.C. POINT OFCOMMONS P.O.T POINT OF TERMINATION R.E.RLW. REVOCABLE EASEMENT AND RIGHT OF WAY ADDITIONAL TEMPORARY WORKSPACE AT.WS. FIrO FAC F.I.R. F.N.P TYP. M,RN.C.T mum FENCE FOUND IRON ADD FOUND RON PIPE TYPICAL DEED RECORDS OF NUECES COUNTY TX MAP RECORDS OF NIECES COUNTY. TX D RAWN BY' 0114 APPROVED BY KCK DATE: DA105RA15 JOB NO- 2014., 52s D RAWING NAME: S HEET NO' 1 OF 2 PROJECTION:TXHP-5F GEO DATUM 148071 VERT DATUM HAYDN GRID UNITS- US SURVEY FEET EAGLE FORD PIPELINE LLC REVOCABLE EASEMENT AND RIGHT OF WAY 2015 -NU -028 CITY OF CORPUS CHRISTI E. VILLAREAL SURVEY, A- 1 NUECES COUNTY, TEXAS EAGLE FORD PIPELINE LLC Bps 6O EIIKEa R 01125 76,41:644 SMxITa7Ha Snag¢ -n 77477 12051140.0113 m.,eA.ma 771 REG. 0101102.01 REV ND: W I REV. DATE: 0➢t02f2D15 C REV BY RH REVISION DE3CRIPTLON: REV0SE0 HAMS OF BOAT TO REVOCABLE Z BAKER SMITH. uc •1°PliiliN•L C°MILLT&MTM SINCE 1111 TX. REG. #101102-01 12825 Trinity Dr., Houston, TX 77477 Main Line: 281.240.0113 • Toll Free: 1.866.357.1050 • Fax: 281.240.0245 • Online: www.tbsmith.com EXHIBIT "A" FIELD NOTES FOR EAGLE FORD PIPELINE LLC TWELVE (12) FOOT REVOCABLE EASEMENT AND RIGHT OF WAY Being a centerline description of a TWELVE (12) foot wide REVOCABLE EASEMENT AND RIGHT OF WAY (P.E.R.W.) out of the E. Villareal Survey, Abstract Number in Nueces County, Texas, being upon, over, through and across Lot I -A, Block 1 of Mobile Estates as recorded in Volume 37, Page 150 of the Map Records of Nueces County, Texas (M.R.N.C.T.), the sidelines of said easement being lengthened or shortened to meet the boundaries of said Lot, said EASEMENT CENTERLINE bcing mare particularly described as follows: COMMENCING at a 5/8 inch found iron rod on the North right-of-way line of Skyline Drive for the Southeast corner of said Lot 1-A; THENCE S 89°33'30" W, along the South boundary line of said Lot 1-A, a distance of 21.0 feet to the POINT OF BEGINNING of the herein described EASEMENT CENTERLINE; THENCE N 00°42'51" W, over and across said Lot 1-A, a distance of 456.9 feet to an angle point; THENCE N 01°06'09" E, continuing over and across said Lot 1-A a distance of 2.2 feet, more or less, to the POINT OF TERMINATION on the South right-of-way line of interstate Highway 37 and the North boundary line of said Lot I -A; Said EASEMENT CENTERLINE having a total length of 459.I feet or 27.8 rods and said permanent easement containing 0.13 acres of land, more or Tess. An Easement Plat accompanies this legal description of even date. (REV 3) Basis of Bearings: G.P.S. Observations, State Plane Coordinate System, Texas South Zone, NAD 83 (2011) Datum. Keith C. Keppler, R.P.L.S. Texas Registered Professional Land Surveyor No. 6271 2 of2 EXHIBIT B INSURANCE REQUIREMENTS I. GRANTEE'S LIABILITY INSURANCE A. Grantee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Grantee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Grantee must furnish to the City's Risk Manager and Director of Development Services, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on all certificates or by policy endorsement Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY (including): 1. Commercial Broad Form 2. Premises — Operations 3. Underground Hazard (if applicable) 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/ Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence $10,000,000 Aggregate AUTOMOBILE LIABILITY 1. Owned Vehicles 2. Hired and Non -owned Vehicles $1,000,000 COMBINED SINGLE LIMIT POLLUTION LEGAL LIABILITY including; Third Party Remediation $5,000,000 Per Claim $5,000,000 Aggregate Revocable Easement 14 of 16 WORKERS' COMPENSATION All States Endorsement is Required if Not Domiciled in Texas EMPLOYERS' LIABILITY Which Complies With The Texas Workers'v, Compensation Act And Paragraph Ii Of This Exhibit $500,0005500,0005500,000 C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Grantee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "AIl States" endorsement shall be required if Grantee is not domiciled in Texas. B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Grantee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Grantee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Grantee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3980 D. Grantee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement or comparable policy language, as Revocable Easement 15 of 16 respects operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not Iess than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Grantee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Grantee's performance should there be a (apse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Grantee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Grantee to stop work hereunder until Grantee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as Iimiting in any way the extent to which Grantee may be held responsible for payments of damages to persons or property resulting from Grantee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Grantee's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Eagle Ford Pipeline LLC Revocable Easement ins. req. 6/27/2013 ds Risk Mgmt. Revocable Easement 16 of 16 Corpus Chr"sti Engineering Mobile Estates Park Revocable Easement Council Presentation October 27, 2015 Location Map Corpus Chr sti Engineering Mobile Estates Park" Skyline D / 1 EASEMENT LOCATION LOCA NC TION MAP 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 20, 2015 Action Item for the City Council Meeting of October 27, 2015 DATE: TO: October 27, 2015 Ronald L. Olson, City Manager FROM: Maria Pedraza, Procurement Manager mariape@cctexas.com (361)826-3176 Miles Risley, City Attorney milesr@cctexas.com (361)826-3361 Authorizing Agreement for Proposals for Broker of Record Services for Property Insurance CAPTION: Motion approving a joint service agreement with Borden Insurance of Corpus Christi, Texas and McGriff, Seibels & Williams, Inc. of San Antonio, Texas, for Broker of Record Services for Property Insurance, based on lowest best proposal received, in response to Request for Proposal Event Number 71 in the amount of $27,700. The term of the contract will be for one- year period, with options to extend for up to four (4) additional one-year periods subject to the approval of the Contractor and the City Manager or designee. PURPOSE: Obtain broker of record services for property insurance, in response to Request for Proposals. Responses are depicted as follows: BROKER OF RECORD SERVICES FOR PROPERTY INSURANCE RFP - PROPOSAL SUMMARY 5 Year Total: $138,500 Year 5 — $27,700 Year 4 " $27,700 Year 3 — $27,700 Year 2 " $27,700 5 Year Total: $200,675 Year 5 $59,135 Year 4' $49,135 Year 3 — $39,135 Year 2 ^' $29,13 ar 1 ^' $24,13=. 5 Year Total: $300,000 Year 5 — $60,000 Year 4 — $60,000 Year 3 ^' $60,000 Year 2 ^' $60,000 Borden/McGriff Carlisle Alliant (Met Min. Requirements) (Met Min. Requirements) (Met Min. Requirements) Year One Year Two Year Three 5 Year Total: $300,000 Year 5 — $60,000 Year 4 — $60,000 Year 3 ^' $60,000 Year 2 — $60,000 AON (Did Not Meet Min. Requirements) Year Four Year Five BACKGROUND AND FINDINGS: In May of 2015, the City's Risk Management Division began the process of creating a single criteria Request for Proposal for a Broker of Record Services for Property Insurance. With the assistance of the City's Insurance Consultant, RWL Group, Inc. and the Senior Buyer of the City's Purchasing Department, the RFP was created, advertised and issued on July 31, 2015. On September 4, 2015, the evaluation team reviewed the 4 proposals received in order to verify compliance with all of the minimum requirements set forth in the RFP. The Borden Insurance and McGriff, Seibels & Williams, Inc., joint proposal was evaluated to be the best lowest proposal received in accordance with the Request for Proposal Event 71 for an estimated one- year expenditure of $27,700.00 for Broker of Record Services for Property Insurance. The term of the service agreement will be for one year with an option to extend for up to four additional twelve-month periods, subject to the approval of the service providers and the City Manager or designee. This service will provide the necessary expertise for the placement of the City's All -Risk property insurance program for all applicable City departments. Funds have been budgeted by the Legal Department in FY 2015-2016. The City's Property Insurance Program currently carries Property Insurance coverage including: All Other Perils, Flood, Earth Movement, Wind, Named Storm and Equipment Breakdown coverages. The City's Property Insurance Program is a layered program with admitted and non - admitted commercial carriers participating. In addition to traditional insured property (buildings and contents), the City's schedule of insured property includes; wharves, docks, piers and fine arts. The City also purchases flood insurance for property located wholly or partially within the Special Flood Hazard Areas (SFHA) as defined by the Federal Emergency Management Agency (FEMA) in Flood Zone A through the National Flood Insurance Program. The Texas State Aquarium is also a named insured on the City's Property Insurance Program. Total Insured Values are currently estimated at $688,954,976. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $27,700.00 $.0 $27,700.00 Encumbered / Expended Amount $.0 $.0 $.0 This item $27,700.00 $.0 $27,700.00 BALANCE $.0 $.0 $.0 Fund(s): Liab/EB Liab Comments: The Broker of Record Services for Property Insurance, Proposal Summary shown above represents the annual fee costs for all four proposers for 5 years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Broker of Record Services for Property Insurance, Proposal Summary Breakdown CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA PEDRAZA BID EVENT NO. 71 BID TABULATION - BROKER OF RECORD SERVICES FOR PROPERTY INSURANCE 2015 Broker of Record For Property Insurance RFP Proposals Summary Breakdown BORDEN/MCGRIFF ANNUAL FEE NFIP MET MIN. NFIP COMMISSIONS CANNOT BE REBATED NET TOTAL ANNUAL FEE COMMISSION REQUIREMENTS BACK TO CLIENT Year One $27,700 $20,865 Yes Will keep commission. $27,700 Year Two $27,700 $20,865 Yes Will keep commission. $27,700 Year Three $27,700 $20,865 Yes Will Keep commission. $27,700 Year Four $27,700 $20,865 Yes Will keep commission. $27,700 Year Five $27,700 $20,865 Yes Will keep commission. $27,700 5 Year Total $138,500 CARLISLE ANNUAL FEE NFIP MET MIN. NFIP COMMISSIONS CANNOT BE REBATED NET TOTAL ANNUAL FEE COMMISSION REQUIREMENTS BACK TO CLIENT Year One $45,000 $20,865 Yes Will apply commission to offset annual fee. $24,135 Year Two $50,000 $20,865 Yes Will apply commission to offset annual fee. $29,135 Year Three $60,000 $20,865 Yes Will apply commission to offset annual fee. $39,135 Year Four $70,000 $20,865 Yes Will apply commission to offset annual fee. $49,135 Year Five $80,000 $20,865 Yes Will apply commission to offset annual fee. $59,135 5 Year Total $200,675 ALLIANT ANNUAL FEE NFIP MET MIN. NFIP COMMISSIONS CANNOT BE REBATED NET TOTAL ANNUAL FEE COMMISSION REQUIREMENTS BACK TO CLIENT Year One $60,000 $20,865 Yes Will keep commission. $6Q000 Year Two $60,000 $20,865 Yes Will keep commission. $60,000 Year Three $60,000 $20,865 Yes Will keep commission. $60,000 Year Four $60,000 $20,865 Yes Will keep commission. $60,000 Year Five $60,000 $20,865 Yes Will keep commission. $60,000 5 Year Total $300,000 AON * ANNUAL FEE NFIP MET MIN. NFIP COMMISSIONS CANNOT BE REBATED NET TOTAL ANNUAL FEE COMMISSION REQUIREMENTS BACK TO CLIENT Year One $60,000 $20,865 No, Non Responsive Will keep commission. $60,000 Year Two $60,000 $20,865 No Will keep commission. $60,000 Year Three $60,000 $20,865 No Will keep commission. $60,000 Year Four $60,000 $20,865 No Will keep commission. $60,000 Year Five $60,000 $20,865 No Will keep commission. $60,000 5 Year Total $300,000 * AON indicated they would take contingent commission from property insurance carriers. SERVICE AGREEMENT BROKER OF RECORD SERVICES FOR PROPERTY INSURANCE Service Agreement No. THIS Broker of Record Services for Property Insurance Agreement (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and Borden Insurance and McGriff, Seibels & Williams (jointly described hereafter as "Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide BROKER OF RECORD SERVICES FOR PROPERTY INSURANCE in response to RFP Event No. 71; WHEREAS the City has determined Contractor to be the lowest responsible proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide BROKER OF RECORD SERVICES FOR PROPERTY INSURANCE in accordance with RFP Event No. 71 ("Services"), which request for proposal and related specifications, if any, are attached to this Agreement and incorporated by reference into this Agreement as Exhibit "A". Contractor's proposal to provide the services is attached to this Agreement and incorporated by reference into this Agreement as Exhibit "B" in the amount of $27,700 per year. 2. Term. This Agreement is for a term of one (1) year, commencing on the date signed by the City Manager and continuing for twelve months thereafter. The term includes an option to extend for up to four additional one-year periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices and communications regarding this Agreement must be directed to the Contract Administrator, who is the Risk Manager. 4. Independent Contractor. Contractor will perform the Services hereunder as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any employee, agent, or representative of the Contractor be considered an employee of the City. 5. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Risk Manager will be given at least 30 days' notice, by certified mail, of cancellation, material change in the coverages, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. 8. Waiver. No waiver by either party of any breach of any term or condition of this Agreement, or Exhibit A, or the Contractor's response to RFP Event No. 71 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue for such disputes is the appropriate district or county court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Risk Manager. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 12. Termination. A. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in this Agreement and its exhibits. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period stated in the notice, the City Manager may terminate this Agreement immediately thereafter. B. Failure to keep all insurance policies in force for the entire term of the Contract constitutes a material breach and is grounds for termination. Upon Contract Administrator's receipt of the required notice of any change in coverage, the Contract Administrator will provide Contractor with written notice of same and give Contractor a reasonable opportunity to cure. If the Contractor fails to cure within the specified cure period, the City may terminate the Contract immediately thereafter. C. Alternatively, the City may terminate this Agreement, with or without cause, upon 20 days advance written notice to the Contractor. However, the City may terminate this Agreement upon 24 hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon 90 days' advance written notice to the City. D. If the City terminates its Contract under the foregoing paragraph, the City shall pay the Contractor for services actually performed prior to such termination, less such payments as have been previously made. Contractor shall not be entitled to any further compensation for work performed by the Contractor or anyone under its control or direction from the date of receipt of notice of cancellation including any and all costs related to the transferring of any files to another Contractor or any costs related to the electronic transfer of any information including, but not limited to: tape transfers, downloads, uploads, CDs, etc. E. Upon termination of the Contract, the Contractor shall provide the City reproducible copies of all work completed or partially completed documents prepared under the Contract — all such documents thereinafter being the sole property of the City within (30) days of such termination at the Contractor's expense. 13. Taxes. The Contractor covenants to pay all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended, and applicable federal and state laws. Upon request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. 14. Drug Policy. The Contractor must adopt and enforce a "Drug Free Workplace" policy. 15. Violence Policy. The Contractor must adopt and enforce a "Violence in the Workplace" policy. 16. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail, postage prepaid and return receipt requested, and is deemed received on the date hand -delivered or faxed, with proof of accepted transmission, and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Risk Manager P. O. Box 9277 Corpus Christi, Texas 78469-9277 Fax # 361-826-3697 IF TO CONTRACTOR: Contractor Contact Person: Address: City, State, ZIP Fax #: IF TO CONTRACTOR: Contractor Contact Person: Address: City, State, ZIP Fax #: 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new agreement upon expiration of the original contract term or any extension period, the Contractor shall continue to provide goods/services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement or extension, on a month-to-month basis not to exceed six months. Any month-to-month provision of goods/services by the Contractor under this Agreement automatically terminates on the effective date of a new contract. 18. Severability. Each provision of this Agreement is severable and if, for any reason, any such provision or any part thereof is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. Contractor: Signature: Printed Name: Title: Date: Contractor: Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Incorporated by Reference: Exhibit A: Request for Proposal Event No. 71 (Available upon request) Exhibit B: Contractor's Proposal (Available upon request) AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 13, 2015 Second Reading Ordinance for the City Council Meeting of October 20, 2015 DATE: TO: October 1, 2015 Ronald L. Olson, City Manager FROM: Yasmine Chapman, Director of Human Resources yasminec(cr�cctexas.com 361-826-3315 An ordinance amending the Civil Service Board Rules and Regulations CAPTION: Ordinance amending the Civil Service Board Rules and Regulations in its entirety as recommended by the Civil Service Board; providing for severance; and providing an effective date PURPOSE: Update the Civil Service Board Rules and Regulations to comply with current employment practices and standards, and to amend and clarify provisions. BACKGROUND AND FINDINGS: The last revision to the Civil Service Board Rules and Regulations was effective July 1999; more than sixteen years ago. Review started a few years ago and has been reviewed by Human Resources and the Legal Department. Revisions were recommended to comply with current employment practices and standards; to amend and clarify certain provisions related to subpoena power; to update language; and, reduce ambiguity. Proposed changes were reviewed by the Civil Service Board on August 20, 2015. Subsequent revisions were made at the Board's direction. Final revisions were approved by the Civil Service Board on August 24 and revisions are recommended for adoption by City Council. ALTERNATIVES: No alternative; rules and regulations must be periodically reviewed and kept up to date. OTHER CONSIDERATIONS: "Not applicable" CONFORMITY TO CITY POLICY: This is consistent with the City's Human Resources Mission to support City departments in meeting their workforce requirements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Human Resources FINANCIAL IMPACT: No Financial Impact ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Human Resources recommends the ordinance be passed. LIST OF SUPPORTING DOCUMENTS: Ordinance — Amending the Civil Service Board Rules & Regulations Rules and Regulations of the Civil Service Board HR — Civil Service Rules — as approved by the Board 8.20.15 — Redlined Revision 8.15 — Civil Board Rules revision august2015 highlights Ordinance Amending the Civil Service Board Rules and Regulations in its entirety as recommended by the Civil Service Board; providing for severance; and providing an effective date WHEREAS, the Civil Service Board, subject to the approval of the council, adopts, amends and enforces the code of rules and regulations providing for appointment, employment or suspension in all positions in the classified service. WHEREAS, the Civil Service Board in their August 20th, 2015 meeting recommended the revision of the Civil Service Board Rules and Regulations; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the existing Civil Service Board Rules and Regulations are hereby amended in its entirety to read as recommended by the Civil Service Board in their August 20th, 2015 meeting, a copy of which rules and regulations is attached hereto and made a part hereof marked Exhibit "A". SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. This ordinance takes effect after passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Rules & Regulations of the Civil Service Board Human Resources Department 2015 gh cry of — —Corpus w� Christi Exhibit A ARTICLE I Table of Contents SECTION 1 SECTION 2 SECTION 3 SECTION 4 ARTICLE II . NOTIFICATION OF POSITION . ADVERTISING OF POSITIONS . PREFERENCES . QUALIFICATIONS SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 . EXAMINATION GENERALLY . CONTENT OF EXAMINATIONS . DIRECTION OF EXAMINATIONS . SPECIFICATION OF JOB REQUIREMENTS . REVIEW ARTICLE III SECTION 1. REFERRAL OF QUALIFIED APPLICANTS SECTION 2. AUTOMATIC DECLINE OF SELECTION SECTION 3. PROBATIONARY PERIOD SECTION 4. CLASSIFIED EMPLOYEE ARTICLE IV SECTION 1. GENERALLY SECTION 2. DISCIPLINARY SUSPENSIONS, INVOLUNTARY DEMOTIONS, AND TERMINATIONS 10 SECTION 3. APPEAL 11 SECTION 4. CONDUCT OF HEARINGS 14 SECTION 5. CAUSES FOR DISCIPLINE 18 ARTICLE V 22 SECTION 1. TEMPORARY EMPLOYEES 22 SECTION 2. PART-TIME EMPLOYEES 22 ARTICLE VI 23 SECTION 1. PROMOTION 23 SECTION 2. VOLUNTARY REASSIGNMENT 23 SECTION 3. TRANSFERS 23 SECTION 4. LEAVES OF ABSENCE 23 SECTION 5. REDUCTION IN FORCE 24 SECTION 6. RESIGNATION 24 SECTION 7. GRIEVANCES 24 ARTICLE VII 25 SECTION 1. Performance Appraisal Policy 25 ARTICLE VIII 26 SECTION 1. DUTIES 26 SECTION 2. REPORTS REQUIRED FROM APPOINTING AUTHORITIES TO DIRECTOR OF HUMAN RESOURCES 26 ARTICLE IX 28 SECTION 1. DISCRIMINATION 28 SECTION 2. RECORDS 28 SECTION 3. CHANGE OF RULES 28 SECTION 4. MEETING 28 SECTION 5. CLASSIFICATION AND COMPENSATION 28 SECTION 6. PUBLIC INFORMATION 28 3 3 3 3 3 5 5 5 6 6 6 8 8 8 8 9 10 10 Civil Service Board Rules and Regulations 2015 Page 3 ARTICLE I NOTIFICATION AND ADVERTISING OF POSITIONS, APPLICATIONS AND JOB QUALIFICATIONS SECTION 1. NOTIFICATION OF POSITION The appointing authority who desires the City to hire an employee shall direct a request for filling any position to the office of the Director of Human Resources who shall certify the title, class, duties and compensation for such position. SECTION 2. ADVERTISING OF POSITIONS Advertising for applicants shall be conducted in conformance with the law and as directed by the City Manager. SECTION 3. PREFERENCES A. Among equally qualified applicants, preference shall be given to City employees utilizing the following order: a. City employees currently unemployed as a result of City reduction in force. b. City employees with greater seniority, and superior performance. B. Veterans of the armed forces of the United States as defined by law who present an honorable discharge shall be granted such preference as required by law. SECTION 4. QUALIFICATIONS A. Generally, in order to be considered a qualified applicant, the individual must: a. timely file application; b. meet the minimum qualifications as set forth in the job; c. not be otherwise barred by the rules and regulations of this Board, as set forth herein. B. RESIDENCE. Any person applying for City employment or employed by the City shall meet all residency requirements established by Ordinance by the City Civil Service Board Rules and Regulations 2015 Page 4 Council. Exceptions to such requirements may be granted by the City Manager, as provided by Ordinance. C. PHYSICAL FITNESS OF APPLICANTS. Upon a bona fide job offer, each applicant for a City position must be examined by a Physician designated by the City, and must be certified to be physically and mentally capable of safely and fully performing all of the essential functions of the job being offered; if the applicant is covered by the Americans with Disabilities Act, he/she must be physically and mentally capable of safely and fully performing the essential functions of the job offered with a reasonable accommodation if such reasonable accommodation is required. D. DISQUALIFICATION. An Applicant may be disqualified who: (1) is found to lack any of the established requirements for the position for which he/she applies; (2) is determined by the physician designated by the City to be unable to safely and fully perform the essential functions of the position for which he/she applies, and if covered by the Americans with Disabilities Act, is determined to be unable to safely and fully perform the essential functions of the position with a reasonable accommodation and without posing a direct threat to the health or safety of other individuals; (3) is found to have been guilty of any crime reasonably likely to have an adverse job related impact; (4) has been dismissed from employment with the City for inefficiency, misconduct, or violation of the rules and regulations of the Civil Service Board; (5) has made a false statement of any fact or has practiced or attempted to practice any deception or fraud in his/her application, examination, in establishing his/her eligibility for appointment, promotion or transfer, or inaccurately and incompletely provided responses to post -offer medical history information requests; (6) has documented past conduct which indicates an unreasonable risk that the applicant will be an unsatisfactory employee; or (7) any combination of the above. Disqualifications shall be certified by the Director of Human Resources or the Director's designee. Any of the foregoing disqualifications may be cause for striking the individual's name from an eligibility register and for voiding that person's appointment during or after the probationary period. E. There shall be no right to a hearing on the qualification of an applicant. Civil Service Board Rules and Regulations 2015 Page 5 ARTICLE II EXAMINATION SECTION 1. EXAMINATION GENERALLY Examinations shall be designed to fairly test the applicant's ability to safely and fully perform the essential functions of the position for which application has been made, or to perform them with reasonable accommodation if required by the Americans with Disabilities Act. Such examinations shall test both general knowledge and job knowledge and qualifications specific to the position for which application is made. Applicants requesting reasonable accommodation to take an examination shall receive such reasonable accommodation as the City is able to provide if it does not cause undue hardship as provided for in the Americans with Disabilities Act. No question on any exam shall relate to political or religious convictions or affiliations of the applicant, or to any other issue which could be the basis for unlawful discrimination. SECTION 2. CONTENT OF EXAMINATIONS Examination for entrance into the service and promotion within the service shall consist of one or more of the following parts as considered appropriate for the various classifications of positions: A. WRITTEN TEST. This part, when required by a Department Director and approved by the Director of Human Resources, shall be designed to show the familiarity of the applicants with the knowledge needed to perform the essential functions of the position to which they seek appointment. B. ORAL INTERVIEW. This part, when required by City Procedures and approved by the Director of Human Resources, shall be to determine an applicant's ability to deal with others, meet the public, or personal qualifications required to perform the essential functions of the position for which he/she applied. An oral examination may also be used, either where a written test is unnecessary or impracticable, or as a reasonable accommodation. C. PERFORMANCE TEST. This part, when required by the Department Director and approved by the Director of Human Resources, shall include such tests of performance as will determine the ability and skill of applicants to perform the essential functions involved in the position to which they seek employment. D. PHYSICAL AND HEALTH TESTS. After an offer of employment has been made, and as a condition of employment, each applicant shall be examined by physician(s) designated by the City to determine: (1) the applicant's ability to safely and fully perform the essential functions of the job for which he/she has applied; or (2) if covered by the Americans with Disabilities Act, to perform the essential functions of the job with reasonable accommodation without posing a Civil Service Board Rules and Regulations 2015 Page 6 direct threat to the health and safety of other individuals. . Results of such examination shall be reported to the Department of Human Resources on its approved form. As part of the medical examination, an applicant may be required to see a specialist and participate in functional capacities tests as deemed necessary by the Director of Human Resources. If the applicant is accepted for employment, related medical information shall be kept in a confidential file separate from the employee's employment record. E. ADAPTABILITY AND APTITUDE TESTS. This part, when required, shall include tests to determine general adaptability or to ascertain special traits and aptitudes. F. TRAINING AND EXPERIENCE. This part shall consist of questions on education and experience in the application form and of such supplementary data as may be needed for certification and proof of statements made in the application, or it may consist of questions on training and experience asked at the time the written tests are given. SECTION 3. DIRECTION OF EXAMINATIONS Preparation, conduct and evaluation of all written examinations shall be under the general authority and direction of the Director of Human Resources, or designee. Such preparations would include and allow for the purchasing of tests from a third party qualified to construct job knowledge or aptitude tests. Examinations shall be free from the presence, participation or influence of any person other than the authorized examiner or proctor. SECTION 4. SPECIFICATION OF JOB REQUIREMENTS Department Directors shall furnish a specific and comprehensive written job description questionnaire on the physical and mental requirements of each classified position in their department which identifies the essential functions of that specific position. It shall be the responsibility of the Human Resources Department to finalize and approve job descriptions for all Classified positions within the City from job description questionnaires prior to the position being advertised. SECTION 5. REVIEW The Civil Service Board, or Civil Service Board designee, may hear and inquire into any material violation of the provisions of this Article which is brought to its attention through the Director of Human Resources within 10 days of the examination. Where a violation is proven to the satisfaction of the Civil Service Board or Civil Service Board designee, the Civil Service Board or Civil Service Board designee may: 1. order a re-examination of applicants for any position; or, Civil Service Board Rules and Regulations 2015 Page 7 2. correct, amend or revoke any schedule or register or other document relating to such examination. Any such action and the reasons therefore shall be recorded in the minutes of the Board. Civil Service Board Rules and Regulations 2015 Page 8 ARTICLE III SELECTION SECTION 1. REFERRAL OF QUALIFIED APPLICANTS After proper evaluation and due consideration of other appropriate factors including, but not limited to, equal employment opportunity policies and qualified personnel within the City, the Director of Human Resources, or designee, shall refer qualified applicants for classified positions to the hiring authority for consideration. Selections and hiring shall be made pursuant to standard instruction issued by the City Manager. The Director of Human Resources, or designee, shall determine that the hiring authority has given due consideration to such factors as job related qualifications, employment history, applicable equal employment opportunity policies, preferences, and reasonable accommodations. The Director of Human Resources, or designee, shall certify all selections in order that the selected applicant may be placed on the payroll. SECTION 2. AUTOMATIC DECLINE OF SELECTION When a selected applicant fails to notify the hiring authority of acceptance of the selection, whether by mail or otherwise, within four business days after the offer is made, they may be deemed to have declined the offer, and their name may be stricken from the ranking of applicants. SECTION 3. PROBATIONARY PERIOD The probationary period applies to both newly hired and rehired employees. The probationary period shall be six calendar months of full-time service for full-time employees, except that full-time positions that require on-the-job training including but not limited to Crime Scene Investigator, Firearms Examiner, Latent Print Examiner, 911 Dispatcher, MultiMedia Specialist and Aviation Public Safety Officer Trainee job classifications shall have a probationary period of 12 calendar months. For the purposes of this provision only, absences charged against accrued sick leave will not extend the probationary period. All other absences will extend the probationary period by the period of time equivalent to the time taken. In any instance where an employee's probationary period is unsatisfactory, the Department Director and the employee may agree, prior to the expiration date of the probationary period, and with the written approval of the Director of Human Resources to an extension for an additional period of up to six months. Except that Crime Scene Investigator, Firearms Examiner, Latent Print Examiner, 911 Dispatcher, MultiMedia Specialist and Aviation Public Safety Officer Trainee or any other positions classified as a 12 month probation may be extended up to 12 months to allow for completion of all training modules. Civil Service Board Rules and Regulations 2015 Page 9 SECTION 4. CLASSIFIED EMPLOYEE The Classified Service includes all positions not exempted in Section 39-304 of the City's Code of Ordinances. The following positions are exempt from the Classified Service and, therefore, are not covered by Rules and Regulations of the Civil Service Board: A. All positions within the following pay plans: Pay Plan 200 (Exempt), Pay Plan 300 (Executives), . B. All positions in the Mayor's Office City Secretary's Office, and City Auditor's Office. C. Any position that functions as the principal secretary or assistant to the City Manager, Deputy City Manager, Assistant City Manager, Executive Director, Municipal Court Judge, Department Director, Assistant Department Director, City Secretary, City Attorney, Assistant City Attorney. D. Temporary employees; and E. All members of the Police and Fire Collective Bargaining Unit. Any employee serving in a Classified Service position is covered by the Rules and Regulations of the Civil Service Board. Civil Service Board Rules and Regulations 2015 Page 10 ARTICLE IV DISCIPLINARY SUSPENSION, INVOLUNTARY DEMOTIONS, TERMINATIONS AND APPEALS THEREFROM SECTION 1. GENERALLY In matters involving a disciplinary suspension, involuntary demotion or termination against a classified employee, who has completed the probationary period described above in Article III, Section 3. , the following steps shall be taken: I. The employee shall be informed in writing that the disciplinary suspension, involuntary demotion or termination is being contemplated, and the reasons therefore; and 11. The employee shall be given an opportunity to respond to the charges set forth in Subsection 1, of this section, to the disciplinary authority, at a rebuttal meeting or in writing; and III. Notice of suspension, involuntary demotion or termination shall be delivered to the employee or the employee's designated representative. If personal delivery is unsuccessful, the notice of suspension, involuntary demotion or termination shall be mailed by certified mail, return receipt requested, to the employee's last known address as noted in the employee's file in the Human Resources Department or if provided, to the employee's designated representative's address. Any employee interviewed in reference to a City investigation shall answer all questions related to the matter under investigation completely and truthfully. Employees that are called by the City for an interview have the right to the presence of a union official, attorney, or representative of the employee's choosing at the employee's expense. The accused employee's representative may be present during the fact-finding meeting with the accused employee. The representative may be present during the entire fact- finding meeting as an observer only and will not be permitted to interrupt nor engage in disruptive behavior. A representative from the City Legal Department will also be allowed to be present during interviews of employees. No representative or employee may be present during fact-finding interviews with other employees, unless required by law. The accused employee will be allowed one representative of his or her choosing during the rebuttal meeting or fact finding interview. SECTION 2. DISCIPLINARY SUSPENSIONS, INVOLUNTARY DEMOTIONS, AND TERMINATIONS Disciplinary suspensions without pay, involuntary demotions and termination may be Civil Service Board Rules and Regulations 2015 Page 11 imposed, for cause, by Department Directors with the approval of the City Manager or designee. Notice of such suspension, involuntary demotion or termination, setting out the action taken, the effective date of such action, and the reason therefor, shall be promptly given in writing to the Board and to the employee. The employee may appeal such action as set out in Section 3, below. SECTION 3. APPEAL A. Request for appeal. Appeal of disciplinary suspension, involuntary demotion or termination must be given in writing by the employee or the employee's designated representative to the Director of Human Resources within ten (10) business days after such written notice of disciplinary suspension, involuntary demotion or termination is given to the employee. Failure to request in writing an appeal within ten (10) business days of receiving notice of disciplinary suspension, involuntary demotion or termination is a waiver of the appeal. Upon waiver of appeal, disciplinary suspension, involuntary demotion or termination is final without any further rights to appeal. B. Discovery 1. Subpoena, discovery. The Civil Service Board may issue Subpoena and order discovery in any investigation or hearing under these rules. The Civil Service Board makes a non-exclusive delegation of such authority to the Director of Human Resources to issue Subpoena on its behalf, subject to the terms and limitations of these Rules. Subpoena for the production of witnesses or documents at an Appeal hearing shall be issued on a form as specified by the Director of Human Resources. The Director of Human Resources shall retain a copy of each Subpoena issued and make such copy a part of the records of the Civil Service Board. 2. Requests for Subpoena or production of documents. An Employee, Department Director or legal representative thereof may request Subpoena for appearance of witnesses and production of documents at an Appeal hearing. Subpoena may be requested with the appeal notice or within 10 business days before the hearing date. A request for Subpoena or production of documents shall be made on a form as specified by the Director of Human Resources. The Director of Human Resources shall mark all such requests received to indicate the date the request was received, and shall make all such requests a part of the records of the Civil Service Board. Once Subpoena requests have been submitted to the Director of Human Resources, a party may pick up a copy of the other party's Subpoena list. 3. Texas Public Information Act. The Texas Public Information Act (codified at Texas Gov't Code Chapter 552) requires a governmental entity to request an open letter ruling from the Texas Attorney General prior to withholding information that is excepted from required disclosure. Civil Service Board Rules and Regulations 2015 Page 12 The City, Department or designated representatives shall not release any information that is excepted from required disclosure under the Texas Public Information Act. The Civil Service Board may not order the release of any information that is excepted from required disclosure under the Texas Public Information Act. C. SUBMISSION OF DOCKET CONTROL 1. Employee's Submission. The Employee's submission shall include information listing the reasons for Appeal, list of names of witnesses the Employee intends to call at the hearing, list of written statements the Employee intends to offer under these Rules, and any documents the Employee intends to provide as evidence at the hearing. The submission shall be made using a form as specified by the Director of Human Resources. The submission must be made within 5 business days of an appeal. Such submission may be amended at any time up to 10 business days prior to the appeal hearing. 2. Department's Submission. The Department's submission shall include information about the issues for Appeal, list of names of witnesses the Department intends to call at the hearing, list of written statements the Department intends to offer under these Rules, and any documents the Department intends to provide as evidence at the hearing. The submission shall be made using a form as specified by the Director of Human Resources. The submission must be made within 5 business days of employee's submission of docket control. Such submission may be amended at any time up to 10 business day prior to the appeal hearing. 3. Access to Hearing Information Submissions. Once hearing information has been submitted to the Director of Human Resources, the Director of Human Resources will notify the parties that the submissions are available to be picked up. At the hearing, the Director of Human Resources shall provide the Civil Service Board with any Hearing Information submissions received from either party. 4. Rebuttal Submissions. A Rebuttal Submission may be submitted in writing to the Director of Human Resources no later than 5:00 p.m., five (5) Business Days prior to the hearing. A Rebuttal Submission shall be available to the other party as soon as it has been submitted. If either party does not provide an initial submission, that party is not permitted to submit a Rebuttal Submission unless that Submission is to provide documents received after the initial submission deadline. 5. Objection to Witnesses and Documents. A party may object at a hearing to the presentation of any witness or document by the other party that was not submitted to the Director of Human Resources in compliance Civil Service Board Rules and Regulations 2015 Page 13 with this Rule. Upon such objection, the Civil Service Board shall exclude any witness or document by the other party that was not submitted to the Director of Human Resources in compliance with this Rule. D. PREHEARING. Either party may request a prehearing before the Civil Service Board to rule on the relevance and admissibility of evidence or testimony provided in the docket control. A prehearing shall precede and replace any scheduled hearing. The scheduled hearing on the merits will be rescheduled for a new hearing date no later than 30 days from the prehearing. Where no hearing date existed, a hearing date will be scheduled within 30 days of the prehearing. E. HEARING. If the Director of Human Resources determines an appeal has been timely filed, the Director of Human Resources shall schedule a hearing within thirty (30) calendar days thereafter. The disciplinary action will not be voided by a failure to commence the hearing by a particular date unless otherwise determined at the discretion of the Civil Service Board. Hearings shall require the presence of 3 Civil Service Board Members. Hearings may be recessed and continued from time to time. F. NOTICE OF SETTING. Notice of setting shall be posted publicly as required by state law and given to the employee or the employee's designated representative, the City Manager, the Board, and the appropriate disciplinary authority. G. DECISION. The Board's decision will determine the truth of each charge and the remedy decided upon. Decisions shall be based upon majority vote of the Board members present at the hearing. Once the Board orders the hearing closed, the Board shall deliberate and subsequently announce a decision on the appeal. H. FINALITY. In all appeals of disciplinary actions, the decision of the Board shall be final unless appealed to the City Council within thirty (30) calendar days from when the Board renders its decision, if expressly permitted by the City Charter or ordinance. I. REINSTATEMENT. In all decisions requiring reinstatement, the Board shall be authorized to determine the effective date for such reinstatement, and the amount of back pay, if any. J. MITIGATION. It is the duty of the employee to mitigate damages, if any, and failure to do so will be considered in determining what back pay, if any, is due. In appeals, where a decision of reinstatement with back pay is made, evidence on the issue of mitigation shall be heard separately after the reinstatement decision. K. REMEDIES. The Board may uphold, modify or nullify the action imposed by the disciplinary authority. In decisions to modify the discipline imposed, the Board may elect to: Civil Service Board Rules and Regulations 2015 Page 14 1 reduce a termination to a suspension, involuntary demotion or written reprimand. 2. reduce a suspension to a lesser suspension, involuntary demotion or written reprimand. 3. reduce an involuntary demotion to suspension or written reprimand. L. FAILURE TO APPEAR. The failure of employee to appear for a scheduled hearing without providing notice to the Director of Human Resources is a waiver of the appeal. Upon waiver of appeal, disciplinary suspension, involuntary demotion or termination is final without any further rights to appeal. SECTION 4. CONDUCT OF HEARINGS A. TIME OF HEARING. Hearings may be recessed upon motion of a party or a member of the Board with the approval of the majority of the Board present. No hearing shall be conducted, in any part, between the hours of midnight and 8 a.m. B. BURDEN OF PROOF. The City shall have the burden to prove the truth of the misconduct by preponderance of the evidence. The burden to prove collateral defenses, such as excessive discipline, discrimination or procedural error, shall be on the appellant. The standard of proof for collateral defense is preponderance of the evidence. C. ORDER OF CONDUCTING HEARINGS. Proceedings in a hearing shall be conducted in the following order unless otherwise determined by the Board: 1. The hearing shall be called to order by the chair or presiding officer. 2. The Board may address any administrative issues it determines appropriate, such as clarification of issues, sequestering of witnesses, agreements between the parties, scheduling, or other matters. 3. The Board shall permit the parties to make an opening statement concerning the Appeal. The City shall go first, followed by employee or representative. 4. The City shall present its witnesses and other evidence first, and then the employee or representative shall present his/her witnesses and other evidence. 5. The parties may present any further rebuttal evidence permitted by the Civil Service Board. 6. The Board shall permit the parties to make a closing statement. The City shall Civil Service Board Rules and Regulations 2015 Page 15 go first, followed by employee. 7. The chair or presiding officer shall announce the close of the hearing, after which no further evidence or argument may be offered or considered. 8. The Board shall deliberate as a group as provided in these Rules, and consider and evaluate the testimony and other evidence offered by the parties. 9. The Board may adjourn its deliberations at any time as determined by a majority vote in open session of the Board to the following regular business day. If a meeting continued to the following regular business day is again continued to another day, the Board must give notice of the meeting's continuance to the other day. 10. The Board shall decide the issues in the Appeal in closed session and announce its decision in open session. D. GENERAL PROCEDURE. 1. OATHS. All testimony or statements of any type shall be presented under oath. The oath may be administered by the presiding officer or any notary public. 2. THE EXCLUSION OF WITNESSES. Witnesses will be excluded from the hearing proceedings, except while testifying, with instructions not to discuss the case except with attorneys for each side. Violation causes automatic exclusion of that witness. Exclusion of witness does not apply to the appealing employee or the designated City Department Representative. 3. RULING. The Board, if requested, shall deliberate in open meeting in accordance with the Texas Open Meetings Act and take action by motion and second as in other matters. E. EVIDENCE OF PARTIES. 1. Admissibility. Evidence will be admitted if it is of that quality which reasonable and prudent persons are accustomed to rely on when handling serious matters. It is intended that needful and proper evidence shall be produced conveniently, inexpensively and speedily, while preserving the substantial rights of the parties to the proceeding. Technical rules of legal and court procedure do not apply. The presiding officer rules on the admissibility of evidence. If any other member of the Board conducting the hearing so requests, the presiding officer shall consult with the other members on any ruling made or before making the ruling and a majority vote will resolve any disputed evidence. Civil Service Board Rules and Regulations 2015 Page 16 2. STIPULATION. Evidence may be stipulated by Agreement of all parties in interest appearing at the hearing. 3. TESTIMONY SHALL BE PERTINENT. The testimony shall be confined to the subject matter contained in the disciplinary action that is being appealed; in the event that any party pursues a line of interrogation of a witness that is irrelevant, incompetent or immaterial, the presiding officer may terminate that line of interrogation. If any other member of the Board conducting the hearing so requests, the presiding officer shall consult with the other members on any ruling made or before making the ruling and a majority vote will resolve any disputed evidence. 4. LIMITING NUMBER OF WITNESSES. The presiding officer may limit the number of witnesses appearing at the hearing when the testimony will be merely repetitive. 5. OBJECTIONS AND EXCEPTIONS. If a party objects to the ruling of the presiding officer; it is sufficient if the party, at the time the ruling is provided, makes known to the presiding officer the actions desired. 6. TIME CONSIDERATIONS FOR PRESENTING EVIDENCE. Unless otherwise permitted by the Civil Service Board for good cause, each party shall have one hundred twenty (120) minutes to present that party's witnesses and evidence in a hearing, and to question the witnesses presented by the other party. This time period does not include any time permitted by the Board for opening or closing statements and does not include any time expended through questioning by the Board of either party's witnesses or additional direct or cross-examination of witnesses by the parties based on questioning by the Civil Service Board. F. REPORTING THE HEARING. 1. HEARING BEFORE THE BOARD. The hearing shall be recorded by audiotape or a combination of audio and video, including a disc, tape, wire, film, electronic storage drive or other medium now existing or later developed, unless the Board determines in its discretion that recording of the hearing by a certified court reporter is needed. In this event, the testimony shall be recorded by a certified court reporter. 2. TRANSCRIPT. If a hearing is recorded by a certified court reporter engaged in or appointed by the Board, and a copy of the transcript or testimony is ordered by the Board or a party, the testimony shall be transcribed and the original transcript filed with the papers in the proceeding. Copies of the transcript of testimony of any hearing thus reported may be purchased from the certified court reporter at the Civil Service Board Rules and Regulations 2015 Page 17 requesting party's own expense. 3. AVAILABILITY OF ELECTRONIC RECORDING. The Board does not prepare transcriptions for the public of hearings recorded electronically on Board equipment, but will arrange for a party in interest to have access to the electronic recording. 4. RECORDING BY A PARTY. Subject to availability of space, any party in interest, at his/her own expense, may arrange for a certified court reporter to report the hearing from an electronic recording of the hearing. G. EXHIBIT 1. REQUIREMENT FOR EXHIBITS. Exhibits of documentary character shall be of a size which does not unduly encumber the files and records of the Board. Except for maps and drawings, the sheets of each exhibit shall not be more than 8 1/2 inches by 14 inches and numbered. Exhibits shall be limited to facts which are relevant and material to the issue involved in the particular proceeding. 2. INTRODUCTION OF EXHIBITS. Exhibits (original or true and correct copy) shall be offered to the presiding officer for admittance in the record. A copy of the exhibit shall be provided to each of the Board members, the Director of Human Resources or designee, and the opposing party/counsel. If the exhibit is admitted into evidence, the original or certified copy shall be made a part of the record of the proceeding, but leave may be granted to withdraw and substitute a copy therefore. 3. EXCLUDING EXHIBITS. In the event an exhibit has been identified, objected to, and excluded, the presiding officer shall determine whether the party offering the exhibit desires to withdraw the offer, and if so, shall permit the return of the exhibit to him/her. If the excluded exhibit is not withdrawn, it shall be given an exhibit number of identification and be included in the record for the purposes only of preserving the exception, together with the ruling thereon. 4. DOCUMENTS IN CITY FILES. Any matter of official record in the City's files and records, if material and relevant, may be incorporated by reference by parties in interest, if the matter is specifically identified at the hearing so as to put all parties on notice and if no party in interest is deprived of the material right of cross-examination. 5. ABSTRACTS OF DOCUMENTS. When documents are numerous, the presiding officer may elect to receive in evidence only those which are typical and representative and may require the abstracting of relevant data from the documents and the presentation of the abstracts in the form of an Civil Service Board Rules and Regulations 2015 Page 18 exhibit. However, before making this requirement, the presiding officer shall see that all parties in interest who have made an appearance are given the right, upon request, to examine the documents from which the abstracts were made. 6. EXHIBITS OFFERED AFTER HEARING CLOSED. Unless authorized by the Board, a party may not file an exhibit as part of the proceeding after the hearing has been closed. The presiding officer shall provide the opportunity for interested parties to view any exhibit authorized to be filed by a party after the hearing has closed. H. ARGUMENTS AND BRIEFS 1. ORAL ARGUMENTS. Oral arguments may be allowed by the Board upon request by a party, but a reasonable time limit shall be fixed by the Board, with equal time given to each side. 2. BRIEFS. Prior to the closing of the hearing and upon request of the parties in interest, the Board may authorize the submission of briefs. I. ACTION AFTER HEARING CLOSED 1. At the conclusion of testimony and other oral arguments offered at a hearing before the Board, a hearing is ordered closed. The Board may then close the record or keep it open for the submission of briefs and exhibits. 2. In conformity with the Texas Open Meetings Act, the Board and members thereof, in the event a decision is postponed for the submission of briefs, or otherwise, will only discuss and consider this matter in open meeting after posting notice in conformity with State Law. 3. DECISION. The decision of the Board will be based on the evidence presented. SECTION 5. CAUSES FOR DISCIPLINE The following shall be cause for disciplinary suspension, involuntary demotion or termination against a classified employee, if, in the opinion of the disciplinary authority, the employee: 1. has been convicted of a felony or misdemeanor involving moral turpitude; 2. has committed a felony or a misdemeanor involving moral turpitude whether the employee has been indicted or found guilty in a criminal proceeding or not; Civil Service Board Rules and Regulations 2015 Page 19 3. has willfully, wantonly, or through culpable negligence, been guilty of brutality or cruelty to an inmate or prisoner of a City institution or to a person in custody; 4. has violated any of the provisions of the City's Code of Ethics or these Rules and Regulations; 5. has been guilty of conduct that is prejudicial to the good order and effectiveness of the department, or the City or that brings discredit on the public service; 6. has violated any City Policy, City Ordinance, departmental rule or regulation, or been insubordinate or failed to obey any lawful order or direction made or given by an employee superior to or in a supervisory capacity over the employee; 7. consumes alcohol, an illegal drug, or a legal drug being used improperly or has been under the influence of alcohol, drugs or other intoxicating substance while on duty; in a City facility; on City property; while performing City business; in or while operating a City vehicle or equipment. 8. sells, purchases, transfers, or possesses an illegal drug or a legal drug improperly; while on City property; while in a City facility, while in or operating a City vehicle or equipment or while on duty 9. is offensive in conduct or language toward the public or City officials, officers, or employees, which interferes with or might reasonably be expected to interfere with the proper and orderly conduct of the City's business or brings or might reasonably be expected to bring discredit on the public service; 10. has committed any acts of dishonesty, which may include but is not limited to altering or falsifying official records or examinations; accepting, soliciting or making a bribe; lying to superiors or falsifying records with respect to official duties, including work duties, disciplinary actions, or false reporting of work hours 11. is incompetent, inefficient, negligent or careless in the performance of the duties of his/her position, or fails to meet established standards of performance either qualitative or quantitative standards; 12. has excessive tardiness or excessive unexcused absences; 13. steals, or is careless or negligent with, property of the City; 14. threatens, harasses, assaults or batters any officer or employee of the City or any other member of the public 15. fails to maintain satisfactory working relationships with co-workers, other City employees or the public; Civil Service Board Rules and Regulations 2015 Page 20 16. takes any fee, gift or other thing of value in the course or in connection with his/her work for his/her personal use from any citizens; 17. has been induced, has induced, or has attempted to induce an officer or employee of the City to commit an unlawful act, or to violate any departmental or Board rule or regulation, or to disobey or fail to obey an order of direction by a superior officer; 18. has been absent from duty without leave, or has failed to call or notify his/her supervisor when unable to report for duty unless such failure to call or report is due to no fault of the employee, or has failed to report upon expiration or revocation of leave or when reason for leave has ended; 19. Engages in a strike, sabotage or work slowdown; 20. has been involved in any political activity prohibited by City Charter, Ordinance or published personnel policy; 21. has knowingly, singularly or in cooperation with others, wrongfully instructed another in respect to that person's right of examination; 22. has knowingly furnished any person being examined any special or secret information for the purpose of improving or injuring that person's performance on the examination; 23. has divulged confidential information to unauthorized individuals; 24. has made any false report, oral or written, with respect to his/her employment, or has knowingly falsified any government record or aided another in doing so; 25. has falsely maligned any other employee of the City, provided that this clause does not apply where the employee, in good faith, prefers charges against another employee with the view of having the other employee brought up for the hearing before the proper tribunal of the City; 26. has threatened to suspend, discharge, or demote, or adversely affect another employee for having filed a grievance, complaint or suggestion, or for having failed to take part in a voluntary program or benefit; 27. discriminates or harasses, uses racially discriminatory or offensive language toward an officer or employee or member of the public; 28. fails to maintain licenses and certifications required by the position or fails to meet eligibility standards in order to perform the essential functions of the position; Civil Service Board Rules and Regulations 2015 Page 21 29. has misrepresented his/her physical condition, or work capacity; 30. has a permanent injury, illness or disability such that they are no longer able to performance the essential functions of their position with a reasonable accommodation. 31. has acquired an interest in any contract with the City; 32. has been discovered to have been disqualified at the time of selection; 33. has engaged in any activity or refrained from any action so as to bring discredit upon the City or the public service; 34. fails to report to the City's designated Physician or other medical practitioner required by written instruction from a Department Director, or designee or as directed in writing by the City's designated Physician; 35. violates any published safety rule promulgated or approved by the Risk Management Division; 36. any other just cause including the good of the service. Civil Service Board Rules and Regulations 2015 Page 22 ARTICLE V TEMPORARY AND PART-TIME EMPLOYEES SECTION 1. TEMPORARY EMPLOYEES An employee hired for a fixed term, or to perform a specific task, has no Civil Service status under the Civil Service Board Rules and Regulations and may be terminated at will at any time during the temporary period of employment. SECTION 2. PART-TIME EMPLOYEES Part-time employees shall be treated in the same manner as regular employees for purposes of these Rules and Regulations except that in calculating the probationary period actual hours of work equal to the hours required of full-time employees to fulfill the probationary period, as provided for in Article III, Section 3, must be accumulated by the part-time employee. For the purposes of this Section, 173.33 hours are equal to one month of work. Civil Service Board Rules and Regulations 2015 Page 23 ARTICLE VI PROMOTIONS, VOLUNTARY REASSIGNMENTS, LEAVES OF ABSENCE, RESIGNATIONS AND GRIEVANCES SECTION 1. PROMOTION Promotions within the City shall be based on job-related knowledge and experience, job performance, conduct and seniority. Vacancies not filled by reasonable accommodation, alternate assignment, transfer, reinstatement or reduction in force shall be filled on the basis of merit and other appropriate factors. No promotion from one position to a higher one or to a position paying a higher salary shall become final until the employee promoted has satisfactorily completed a six (6) month probationary period in the new position. If the employee promoted does not satisfactorily complete the probationary period, he/she will be placed back in his/her former position if it is still available or placed in another position that is comparable in status and pay to his/her former position. If the disciplinary authority decides to terminate or suspend the employee promoted, then the due process steps set out in Article IV must be followed. SECTION 2. VOLUNTARY REASSIGNMENT The voluntary reassignment of an employee to a lower graded position with or without a corresponding reduction in pay as a reasonable accommodation under the Americans with Disabilities Act is not a demotion and is not appealable to the Civil Service Board. SECTION 3. TRANSFERS Transfers may be made as follows: A. from one position to a similar position of the same classification and grade within a Department; B. from a position in one Department to a similar position of the same classification or grade, in another Department, providing the Directors of the two Departments and the employees shall concur, or, in case of conflict, by decision of the City Manager or designee; C. transfers shall not be allowed where the employee does not meet the minimum job qualifications for the position to which transfer is being considered and cannot safely and fully perform the essential functions of the position, even with reasonable accommodation if required by the Americans with Disabilities Act. SECTION 4. LEAVES OF ABSENCE Civil Service Board Rules and Regulations 2015 Page 24 The Department Director shall immediately file notice with the Director of Human Resources of any authorized leave of absence granted and shall again give notice upon termination of leave and the employee's return or failure to return. SECTION 5. REDUCTION IN FORCE Whenever the budget adopted by the City Council makes it necessary to reduce the workforce, such reductions will be based on operational impact pursuant to City Policy. SECTION 6. RESIGNATION A. VOLUNTARY. Notice of voluntary resignation of a classified employee shall be filed with the Director of Human Resources, with a copy of the resignation, if in writing, signed by the employee and accepted by the Department Director, or designee and when appropriate, by the City Manager or designee. B. AUTOMATIC. Employees who are absent for three (3) consecutive working days without prior approval to take leave, or when leave has been denied, or without contacting their supervisor regarding that absence, will be considered by the City and the Board to have resigned. Written notice of such shall be mailed by regular U.S. mail and certified mail, return receipt requested to the employee's last known address as noted in the employee's file in the Human Resources Department. SECTION 7. GRIEVANCES An internal grievance procedure for issues concerning wages, hours of employment, or conditions of work shall conform to the procedure established by the City Manager. Civil Service Board Rules and Regulations 2015 Page 25 ARTICLE VII PERFORMANCE APPRAISAL SECTION 1. Performance Appraisal Policy Performance appraisals shall be required and conducted in conformance with City Policy as directed by the City Manager. Civil Service Board Rules and Regulations 2015 Page 26 ARTICLE VIII DUTIES OF THE DIRECTOR OF HUMAN RESOURCES SECTION 1. DUTIES It shall be the duty of the Director of Human Resources, who is secretary of the Civil Service Board, to keep the minutes of all proceedings of the Civil Service Board and have charge of and be responsible for the safe keeping of the books, records, and papers in its office . It shall also be the duty of the Director of Human Resources to make such certification for those eligible for appointment or employment as the Civil Service Board may direct, maintain efficient records, prepare or supervise the preparation of all examinations and such other duties as the Civil Service Board may designate, or as may be necessary, not inconsistent with the Charter of the City of Corpus Christi. SECTION 2. REPORTS REQUIRED FROM APPOINTING AUTHORITIES TO DIRECTOR OF HUMAN RESOURCES Hiring authorities shall make prompt and complete reports to the Director of Human Resources on the following matters: a. Appointments, whether full-time, part-time, temporary, or emergency b. Reinstatement appointments c. Transfers d. Leaves of Absence e. Suspensions f. Removal from the service, and the cause of such removal, whether resignation, termination or reduction in force g. Change in compensation h. Creation or abolition of any office or place of employment i. Any material changes in the duties of an officer or employee, or in the organization of departments J. All other information found necessary by the Civil Service Board in the performance of its duties and completion of any of its various records Civil Service Board Rules and Regulations 2015 Page 27 Every record shall contain the affected employee's name and City employee identification number, together with the date upon which the action takes effect, and such other facts and information as will make it possible for the Civil Service Board to maintain a complete and correct record. Civil Service Board Rules and Regulations 2015 Page 28 ARTICLE IX MISCELLANEOUS PROVISIONS SECTION 1. DISCRIMINATION The City shall not engage in unconstitutionally discriminatory employment practices. Information regarding suspect classifications gathered by the City for statistical and equal employment purposes will not be considered or used except as authorized by law. SECTION 2. RECORDS All names of applicants, examination papers and questions, and certificates must be filed in the Human Resources Department and kept not less than three years, unless otherwise required. Medical information shall be kept in confidential files separate from employee Human Resources records. SECTION 3. CHANGE OF RULES These rules may be amended, repealed, or supplemented by the Civil Service Board at any time and new rules adopted by majority vote of the Board. Such changes shall not become operative until approved by the City Council. SECTION 4. MEETING A. The Civil Service Board shall meet as often as necessary and/or upon call of two members, giving notice at least seventy-two hours in advance to the third member. Notice of meetings shall be posted in conformity with state law. B. In any investigation or hearing conducted by the Board, it shall have the power to subpoena and require the attendance of witnesses and the production of documents pertinent to the investigation and to administer oaths to such witnesses. C. Any witness fees for non -City employees shall be paid by the party calling such witnesses. SECTION 5. CLASSIFICATION AND COMPENSATION Classification and Compensation shall be established by authority provided through City Ordinance. SECTION 6. PUBLIC INFORMATION The City Secretary shall be designated as the Public Information Coordinator for the Civil Service Board. Rules & Regulations of the Civil Service Board Human Resources Department July 1999 h_City of Corpus Christi ARTICLE I Table of Contents SECTION 1 SECTION 2 SECTION 3 SECTION 4 ARTICLE II . NOTIFICATION OF POSITION . ADVERTISING OF POSITIONS . PREFERENCES . QUALIFICATIONS SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 . EXAMINATION GENERALLY . CONTENT OF EXAMINATIONS . DIRECTION OF EXAMINATIONS . SPECIFICATION OF JOB REQUIREMENTS . REVIEW ARTICLE III SECTION 1. REFERRAL OF QUALIFIED APPLICANTS SECTION 2. AUTOMATIC DECLINE OF SELECTION SECTION 3. PROBATIONARY PERIOD SECTION 4. CLASSIFIED EMPLOYEE ARTICLE IV SECTION 1. GENERALLY SECTION 2. DISCIPLINARY SUSPENSIONS, INVOLUNTARY DEMOTIONS, AND TERMINATIONS 11 SECTION 3. APPEAL 12 SECTION 4. CONDUCT OF HEARINGS 15 SECTION 5. CAUSES FOR DISCIPLINE 20 ARTICLE V 24 SECTION 1. TEMPORARY EMPLOYEES 24 SECTION 2. PART-TIME EMPLOYEES 24 ARTICLE VI 25 SECTION 1. PROMOTION 25 SECTION 2. VOLUNTARY REASSIGNMENT 25 SECTION 3. TRANSFERS 25 SECTION 4. LEAVES OF ABSENCE 26 SECTION 5. REDUCTION IN FORCE 26 SECTION 6. RESIGNATION 26 SECTION 7. GRIEVANCES 27 ARTICLE VII 28 SECTION 1. Performance Appraisal Policy 28 ARTICLE VIII 29 SECTION 1. DUTIES 30 SECTION 2. REPORTS REQUIRED FROM APPOINTING AUTHORITIES TO DIRECTOR OF HUMAN RESOURCES 30 ARTICLE IX 32 SECTION 1. DISCRIMINATION 32 SECTION 2. RECORDS 32 SECTION 3. CHANGE OF RULES 32 SECTION 4. MEETING 32 SECTION 5. CLASSIFICATION AND COMPENSATION 32 SECTION 6. PUBLIC INFORMATION 33 3 3 3 3 3 6 6 6 7 7 7 9 9 9 9 10 11 11 Civil Service Board Rules and Regulations July 13, 1999 2015 Page 3 ARTICLE I NOTIFICATION AND ADVERTISING OF POSITIONS, APPLICATIONS AND JOB QUALIFICATIONS SECTION 1. NOTIFICATION OF POSITION The appointing authority who desires the City to hire an employee shall direct a request for filling any position to the office of the Director of Human Resources who shall certify the title, class, duties and compensation for such position. SECTION 2. ADVERTISING OF POSITIONS Advertising for applicants shall be conducted in conformance with the law and as directed by the City Manager. SECTION 3. PREFERENCES A. Among equally qualified applicants, preference shall be given to City employees utilizing the following order: a. City employees currently unemployed as a result of City off.reduction in force. b. City employees with greater seniority, and superiorsatisfactory performance. B. Veterans of the armed forces of the United States as defined by law who present an honorable discharge shall be granted such preference as required by law. SECTION 4. QUALIFICATIONS A. Generally, in order to be considered a qualified applicant, the individual must: a. timely file application; b. meet the minimum qualifications as set forth in the job; c. not be otherwise barred by the rules and regulations of this Board, as set forth herein. B. RESIDENCE. Any person applying for City employment or employed by the City shall meet all residency requirements established by Ordinance by the City Civil Service Board Rules and Regulations July 13, 1999 2015 Page 4 Council.—Exceptions to such requirements may be granted by the City Manager, as provided by Ordinance. C. PHYSICAL FITNESS OF APPLICANTS. Upon a bona fide job offer, each applicant for a City position must be examined by a Physician designated by the City, and must be certified to be physically and mentally capable of safely and fully performing all of the essential functions of the job being offered; if the applicant is covered by the Americans With with Disabilities Act, he/she must be physically and mentally capable of safely and fully performing the essential functions of the job offered with a reasonable accommodation if such a reasonable accommodation is required. D. DISQUALIFICATION. An Applicant may be disqualified who: (1) is found to lack any of the established requirements for the position for which he/she applies; (2) is determined by the physician designated by the City to be unable to safely and fully perform the essential functions of the position for which he/she applies, and if covered by the Americans With with Disabilities Act, it—is determined to be unable to safely and fully perform the essential functions of the position with a reasonable accommodation and without posing a direct threat to the health or safety of other individualsdoes not pose a direct threat of significant • •• _ - _ _ - ; (3) is found to have been guilty of any crime reasonably likely to have an adverse job related impact; (4) has been dismissed from employment with the City for inefficiency, misconduct, or violation of the rules and regulations of this Board or of the Civil Service CommissionBoard; (5) has made a false statement of any fact or has practiced or attempted to practice any deception or fraud in his/her application, examination, in establishing his/her eligibility for appointment, promotion or transfer, or inaccurately and incompletely provided responses to post -offer medical history information requests; (6) has documented past conduct which indicates an unreasonable risk that the applicant will be an unsatisfactory employee; or (7) any combination of the above. Disqualifications shall be certified by the Director of Human Resources or the Director's designee. Any of the foregoing disqualifications may be cause for striking the individual's name from an eligibility register and for voiding that person's appointment during or after the probationary period. E. There shall be no right to a hearing on the qualification of an applicant. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 5 Civil Service Board Rules and Regulations July 13, 1999 2015 Page 6 ARTICLE II EXAMINATION SECTION 1. EXAMINATION GENERALLY Examinations shall be designed to fairly test the applicant's ability to safely and fully perform the essential functions of the position for which application has been made, or to perform them with reasonable accommodation if required by the Americans With with Disabilities Act. Such examinations shall test both general knowledge and job knowledge and qualifications specific to the position for which application is made. Applicants requesting reasonable accommodation to take an examination shall receive such reasonable accommodation as the City is able to provide if it does not cause undue hardship as provided for in the Americans Withwith Disabilities Act. No question on any exam shall relate to political or religious convictions or affiliations of the applicant, or to any other issue which could be the basis for unlawful discrimination. SECTION 2. CONTENT OF EXAMINATIONS Examination for entrance into the service and promotion within the service shall consist of one or more of the following parts as considered appropriate for the various classifications of positions: A. B. WRITTEN TEST. This part, when required by a dDepartment head Director and approved by the Director of Human Resources, shall be designed to show the familiarity of the applicants with the knowledge needed to perform the essential functions of the position to which they seek appointment. ORAL INTERVIEW. This part, when required by City Policy Procedures and approved by the Director of Human Resources, shall be to determine an applicant's ability to deal with others, meet the public, or personal qualifications required to perform the essential functions of the position for which he/she applied. An oral examination may also be used, either where a written test is unnecessary or impracticable, or as a reasonable accommodation. C. PERFORMANCE TEST. This part, when required by the dDepartment head Director and approved by the Director of Human Resources, shall include such tests of performance as will determine the_ability and skill of applicants to perform the essential functions involved in the position to which they seek employment. D. PHYSICAL AND HEALTH TESTS. After an offer of employment has been made, and as a condition of employment, each applicant shall be examined by physician(s) designated by the City to determine: (1) the applicant's ability to safely and fully perform the essential functions of the job for which he/she has Civil Service Board Rules and Regulations July 13, 1999 2015 Page 7 1 E. 1 1 1 applied;i or (2) if -covered by the Americans Wwith Disabilities Act, to perform them the essential functions of the job with reasonable accommodation without posing a direct threat to the health and safety of other individuals. if required by the Americans With Disabilities Act, and to determine whether a direct threhat of without posing a direct threat to the health or safety of othcr individuals. Results of such examination shall be reported to the Department of Human Resources on its approved form. As part of the medical examination, an applicant may be required —to see a specialist and participate in functional capacities tests as deemed necessary by the Director of Human Resources. If the applicant is accepted for employment, related medical information shall be kept in a confidential file separate from the employee's employment record. ADAPTABILITY AND APTITUDE TESTS. This part, when required, shall include tests to determine general adaptability or to ascertain special traits and aptitudes. F. TRAINING AND EXPERIENCE. This part shall consist of questions on education and experience in the application form and of such supplementary data as may be needed for certification and proof of statements made in the application, or it may consist of questions on training and experience asked at the time the written tests are given. SECTION 3. DIRECTION OF EXAMINATIONS Preparation, conduct and evaluation of all written examinations shall be under the general authority and direction of the Director of Human Resources Department, or designee. Such preparations would include and allow for the purchasing of tests from a third party qualified to construct job knowledge or aptitude tests. Examinations shall be free from the presence, participation or influence of any person other than the authorized examiner or proctor. SECTION 4. SPECIFICATION OF JOB REQUIREMENTS Department Heads Directors shall furnish a specific and comprehensive written job analysis description questionnaire on the physical and mental requirements of each classified position in their department which identifies the essential functions of that specific position. It shall be the responsibility of the Human Resources Department to finalize and approve job descriptions for all Classified positions within the City from job analysis description questionnaires prior to the position being advertised. SECTION 5. REVIEW The Civil Service Board, or Civil Service Board designee, may hear and inquire into any 1 1 Civil Service Board Rules and Regulations July 13, 1999 2015 Page 8 material violation of the provisions of this Article which is brought to its attention through the Director of Human Resources within 10 days of the examination. Where a violation is proven to the satisfaction of the Civil Service Board or Civil Service Board designee, the Civil Service Board or Civil Service Board designee may: 1. order a re-examination of applicants for any position; or, 2. correct, amend or revoke any schedule or register or other document relating to such examination. Any such action and the reasons therefore shall be recorded in the minutes of the Board. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 9 ARTICLE III ADDOINTMENTSELECTION SECTION 1. REFERRAL OF QUALIFIED APPLICANTS After proper evaluation and due consideration of other appropriate factors including, but not limited to, affirmative action policies equal employment opportunity policies and qualified personnel within the City, the Director of Human Resources, or designee, shall refer a sufficient number of qualified applicants for classified positions to the appointing hiring authority for consideration. Appointment Selections and hHiring to positions shall be made pursuant to standard instruction issued by the City Manager. The Director of Human Resources, or designee, shall determine that the appointing hiring authority has given due consideration to such factors as job related qualifications, employment history, applicable affirmative action policies equal employment opportunity policies, preferences, and reasonable accommodations accommodation. _—The Director of Human Resources, or designee, shall certify all appointments selections to the Director of Finance in order that the appointee selected applicant may be placed on the payroll. SECTION 2. AUTOMATIC DECLINE OFAPPOINT-MENTSELECTION When an a selected applicant recommended for appointment fails to notify the appointing hiring authority of acceptance of the appointment selection, whether by mail or otherwise, within four business days after the offer is made, they may be deemed to have declined the appointment offer, and their name may be stricken from the ranking of applicants. SECTION 3. PROBATIONARY PERIOD The probationary period applies to both newly hired and rehired employees. The probationary period shall be six calendar months of full-time service for full-time employees, except that full-time Public Safety Dispatcher Trainee positions that require on-the-job training including but not limited to Crime Scene Investigator, Firearms Examiner, Latent Print Examiner, MetroCom Technician911 Dispatcher, MultiMedia Specialist and Aviation Public Safety Officer Trainee job classifications shall have a probationary period of 12 calendar monthscalendar months. For purposes of this _ r be included in calculating the probationary period. In the situation where the number of probationary period shall begin anew as of the first day of return to work after the 45th working day missed. -For the purposes of this provision only, absences charged against accrued sick leave will not extend the probationary period. All other absences will extend the probationary period by the period of time equivalent to the time taken. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 10 In any instance where an employee's probationary period is unsatisfactory, the dDepartment head Director and the employee may agree, prior to the expiration date of the probationary period, and with the written approval of the Director of Human Resources_to an extension for an additional period of up to six months.; Eexcept that Public Safety Dispatcher Trainee Crime Scene Investigator, Firearms Examiner, Latent Print Examiner, MetroCom Technician 911 Dispatcher, MultiMedia Specialist and Aviation Public Safety Officer Trainee or any other positions classified as a 12 month probation may be probationary employee extended sion_c may be up to 12 months to allow for completion of all training modules. The probationary cmploycc may be evaluated at any time during the extension. SECTION 4. CLASSIFIED EMPLOYEE The Classified Service includes all positions not exempted in this Subsection Section 39-304 of the City's Code of Ordinances. The following positions are exempt from the Classified Service and, therefore, are not covered by Rules and Regulations of the Civil Service Board: A. All positions within the following pay plans: Pay Plan 200 (Exempt), Pay Plan 300 (Executives). B. All positions in the Mayor's Office, City Secretary's Office, and City Auditor's Office. C. Any position that functions as the principal secretary or assistant to the City Manager, Deputy City Manager, Assistant City Manager, Executive Director, Municipal Court Judge, Department Director, Assistant Department Director, City Secretary, City Attorney, Assistant City Attorney. D. Temporary employees. E. All members of the Police and Fire Collective Bargaining Unit. Any employee serving in a Classified Service position is covered by the Rules and Regulations of the Civil Service Board. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 11 ARTICLE IV DISCIPLINARY SUSPENSION, INVOLUNTARY DEMOTIONS, TERMINATIONS, INVO i iNTARY DEMOTIONS AND APPEALS THEREFROM SECTION 1. GENERALLY Whenever In matters involving a disciplinary suspension, involuntary demotion or termination against a classified employee,. who has completed the probationary period described above in Article III, Section 3. is completed, the following steps shall be taken: The employee shall be informed in writing that the disciplinary suspension, involuntary demotion or termination is being contemplated, and the reasons therefore; and 11. The employee shall be given an effective opportunity to respond to the charges set forth in Subsection I, of this section, to the disciplinary authority, at a rebuttal meeting or in writing; and III. Notice of suspension, involuntary demotion or termination shall be personally delivered to the employee or the employee's designee designated representative. If personal saw -delivery is unsuccessful, the notice of suspension, involuntary demotion or termination or shall be mailed by certified mail, return receipt requested, to the employee's last known address as noted in the employee's file in the Human Resources Department or if provided, to the employee's designated representative's address. Any employee interviewed in reference to a City investigation shall answer all questions related to the matter under investigation completely and truthfully. Employees that are called by the City for an interview have the right to the presence of a union official, attorney, or representative of the employee's choosing at the employee's expense. The accused employee's representative may be present during the fact-finding meeting with the accused employee. The representative may be present during the entire fact-finding meeting as an observer only and will not be permitted to interrupt nor engage in disruptive behavior. A representative from the City Legal Department will also be allowed to be present during interviews of employees. No representative or employee may be present during fact-finding interviews with other employees, unless required by law. The accused employee will be allowed one representative of his or her choosing during the rebuttal meeting or fact finding interview. SECTION 2. DISCIPLINARY SUSPENSIONS, AICD—INVOLUNTARY DEMOTIONS, AND TERMINATIONS Civil Service Board Rules and Regulations July 13, 1999 2015 Page 12 Temporary disciplinary Disciplinary suspensions without pay, involuntary demotions and termination and demotions may be imposed, for cause, by Department Heads Directors with the approval of the City Manager or the Manager's designee, or by the City Manager's designee independently, upon subordinate clas.,ified employees. Notice of such suspension, involuntary demotion or terminationy1 or demotion, setting out the action taken, the effective date of such action, and the reason therefor, shall be promptly given in writing to the Board and to the employee. The employee may appeal such action as set out in Section 3, below. SECTION 3. APPEAL A. N^, CERequest for appeal. —Appeal of disciplinary suspension, involuntary demotion or termination or demotion must be given in writing by the employee or the employee's designee designated representative to the Director of Human Resources within ten (10) calendar business days after such written notice of disciplinary suspension, involuntary demotion or termination or demotion is given to the employee. Failure to request in writing an appeal within ten (10) business days of receiving notice of disciplinary suspension, involuntary demotion or termination is a waiver of the appeal. Upon waiver of appeal, disciplinary suspension, involuntary demotion or termination is final without any further rights to appeal. If the tenth (10t) calendar day falls on a Saturday, Sunday, or designated City holiday, received with the appeal noticc or be provided within 5 working days following the date or documents not being present at the hearing. B. Discovery 1. Subpoena, discovery. The Civil Service Board may issue Subpoena and order discovery in any investigation or hearing under these rules. The Civil Service Board makes a non-exclusive delegation of such authority to the Director of Human Resources to issue Subpoena on its behalf, subject to the terms and limitations of these Rules. Subpoena for the production of witnesses or documents at an Appeal hearing shall be issued on a form as specified by the Director of Human Resources. The Director of Human Resources shall retain a copy of each Subpoena issued and make such copy a part of the records of the Civil Service Board. 2. Requests for Subpoena or production of documents. An Employee, Department Director or legal representative thereof may request Subpoena for appearance of witnesses and production of documents at an Appeal hearing. Subpoena may be requested with the appeal notice or Civil Service Board Rules and Regulations July 13, 1999 2015 Page 13 within 10 business days before the hearing date. A request for Subpoena or production of documents shall be made on a form as specified by the Director of Human Resources. The Director of Human Resources shall mark all such requests received to indicate the date the request was received, and shall make all such requests a part of the records of the Civil Service Board. Once Subpoena requests have been submitted to the Director of Human Resources, a party may pick up a copy of the other party's Subpoena list. 3. Texas Public Information Act. The Texas Public Information Act (codified at Texas Gov't Code Chapter 552) requires a governmental entity to request an open letter ruling from the Texas Attorney General prior to withholding information that is excepted from required disclosure. The City, Department or designated representatives shall not release any information that is excepted from required disclosure under the Texas Public Information Act. The Civil Service Board may not order the release of any information that is excepted from required disclosure under the Texas Public Information Act. C. SUBMISSION OF DOCKET CONTROL 1. Employee's Submission. The Employee's submission shall include information listing the reasons for Appeal, list of names of witnesses the Employee intends to call at the hearing, list of written statements the Employee intends to offer under these Rules, and any documents the Employee intends to provide as evidence at the hearing. The submission shall be made using a form as specified by the Director of Human Resources. The submission must be made within 5 business days of an appeal. Such submission may be amended at any time up to 10 business days prior to the appeal hearing. 2. Department's Submission. The Department's submission shall include information about the issues for Appeal, list of names of witnesses the Department intends to call at the hearing, list of written statements the Department intends to offer under these Rules, and any documents the Department intends to provide as evidence at the hearing. The submission shall be made using a form as specified by the Director of Human Resources. The submission must be made within 5 business days of employee's submission of docket control. Such submission may be amended at any time up to 10 business day prior to the appeal hearing. 3. Access to Hearing Information Submissions. Once hearing information has been submitted to the Director of Human Resources, the Director of Human Resources will notify the parties that the submissions are available to be picked up. At the hearing, the Director of Human Civil Service Board Rules and Regulations July 13, 1999 2015 Page 14 Resources shall provide the Civil Service Board with any Hearing Information submissions received from either party. 4. Rebuttal Submissions. A Rebuttal Submission may be submitted in writing to the Director of Human Resources no later than 5:00 p.m., five (5) Business Days prior to the hearing. A Rebuttal Submission shall be available to the other party as soon as it has been submitted. If either party does not provide an initial submission, that party is not permitted to submit a Rebuttal Submission unless that Submission is to provide documents received after the initial submission deadline. 5. Objection to Witnesses and Documents. A party may object at a hearing to the presentation of any witness or document by the other party that was not submitted to the Director of Human Resources in compliance with this Rule. Upon such objection, the Civil Service Board shall exclude any witness or document by the other party that was not submitted to the Director of Human Resources in compliance with this Rule. D. PREHEARING. Either party may request a prehearing before the Civil Service Board to rule on the relevance and admissibility of evidence or testimony provided in the docket control. A prehearing shall precede and replace any scheduled hearing. The scheduled hearing on the merits will be rescheduled for a new hearing date no later than 30 days from the prehearing. Where no hearing date existed, a hearing date will be scheduled within 30 days of the prehearing. BE. HEARING. If the Director of Human Resources determines that -an appeal notico has been timely filed, the Director of Human Resources shall schedule a hearing within 20 working thirty (30) calendar days thereafter. The disciplinary action will not be voided by a failure to commence the hearing by a particular date unless otherwise determined at the discretion of the Civil Service Board. Hearings shall require the presence of 3 Civil Service Board Members. Hearings may be recessed and continued from time to time. CF. NOTICE OF SETTING. Notice of setting shall be posted publicly as required by state law and given to the employee or the employee's designee designated representative, the City Manager, the Board, and the appropriate disciplinary authority. DG. DECISION. The Board's decision will determine the truth of each charge and the remedy decided upon. Decisions shall be based upon majority vote of the Board members present at the hearing. After the hearing is concluded Once the Board orders the hearing closed, the Board shall deliberate and subsequently announce a decision on the appeal. Upon a tie vote, the appeal shall be considered Civil Service Board Rules and Regulations July 13, 1999 2015 Page 15 granted. EH. FINALITY. In all appeals of disciplinary actions, the decision of the Board shall be final unless appealed to the City Council within thirty (30) calendar days from when the rendition of the Boards renders its decision, if expressly permitted by the City Charter or ordinance. FI. REINSTATEMENT. In all decisions requiring reinstatement, the Board shall be authorized to determine the effective date for such reinstatement, and the amount of back pay, if any. 1 G.J. MITIGATION. It is the duty of the employee to mitigate damages, if any, and failure to do so will be considered in determining what back pay, if any, is due. In appeals, where a decision of reinstatement with back pay is made, evidence on the issue of mitigation shall be heard separately after the reinstatement decision. 1 HK. REMEDIES. The Board may uphold, modify or nullify the action imposed by the disciplinary authority. In decisions to modify the discipline imposed, the Board may elect to: 1 1 1. reduce a termination to a suspension, involuntary demotion or written reprimand. 2. reduce a suspension to a lesser suspension, a -involuntary demotion or a written reprimand. 3. reduce a -an involuntary demotion to a temporary suspension or a -written reprimand. L. FAILURE TO APPEAR. The failure of employee to appear for a scheduled hearing without providing notice to the Director of Human Resources is a waiver of the appeal. Upon waiver of appeal, disciplinary suspension, involuntary demotion or termination is final without any further rights to appeal. SECTION 4. CONDUCT OF HEARINGS A. TIME OF HEARING. Hearings may be recessed upon motion of a party or a member of the Board with the approval of the majority of the Board present. No hearing shall be conducted, in any part, between the hours of midnight and 8 a.m. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 16 B. BURDEN OF PROOF AND ORDER OF APPEARANCE AND PRESENTATION. The City shall have the burden to prove the truth of the misconduct by preponderance of the evidence. - The burden to prove collateral defenses, such as excessive discipline, discrimination or procedural error, shall be on the appellant. The standard of proof for collateral defense is preponderance of the evidence. The burden of proof is a preponderance of the evidence presented at the hearing. With the burden of proof goes the right to open and close arguments to the Board. C. ORDER OF CONDUCTING HEARINGS. Proceedings in a hearing shall be conducted in the following order unless otherwise determined by the Board: 1. The hearing shall be called to order by the chair or presiding officer. 2. The Board may address any administrative issues it determines appropriate, such as clarification of issues, sequestering of witnesses, agreements between the parties, scheduling, or other matters. 3. The Board shall permit the parties to make an opening statement concerning the Appeal. The City shall go first, followed by employee or representative. 4. The City shall present its witnesses and other evidence first, and then the employee or representative shall present his/her witnesses and other evidence. 5. The parties may present any further rebuttal evidence permitted by the Civil Service Board. 6. The Board shall permit the parties to make a closing statement. The City shall go first, followed by employee. 7. The chair or presiding officer shall announce the close of the hearing, after which no further evidence or argument may be offered or considered. 8. The Board shall deliberate as a group as provided in these Rules, and consider and evaluate the testimony and other evidence offered by the parties. 9. The Board may adjourn its deliberations at any time as determined by a majority vote in open session of the Board to the following regular business day. If a meeting continued to the following regular business day is again continued to another day, the Board must give notice of the meeting's continuance to the other day. 1 Civil Service Board Rules and Regulations July 13, 1999 2015 Page 17 10. The Board shall decide the issues in the Appeal in closed session and announce its decision in open session. OD. GENERAL PROCEDURE. 1. OATHS. All testimony or statements of any type shall be presented under oath. The oath may be administered by the presiding officer; or any notary public. who wish to make statements testify to also take the oath. 2. THE EXCLUSION OF WITNESSES. If requested, the procedure of "invoking the rule" is to be followed and wWitnesses will be excluded from the hearing proceedings, except while testifying, e - ' • e - e • - witnesses with instructions not to discuss the case except with attorneys for each side. Violation causes automatic exclusion of that witness. Exclusion of witness does not apply to the appealing employee or the designated City Department Representative. ••e•. e 3. RULING. The Board, if requested, shall deliberate in open meeting in accordance with the Texas Open Meetings Law Act and take action by motion and second as in other matters. DE. EVIDENCE OF PARTIES. 1. Admissibility. Evidence will be admitted if it is of that quality which responsible reasonable and prudent persons are accustomed to rely on +o the conduct of serious affairs when handling serious matters. It is intended that needful and proper evidence shall be produced conveniently, inexpensively and speedily, while preserving the substantial rights of the parties to the proceeding. Technical rules of legal and court procedure do not apply. The presiding officer rules on the admissibility of evidence. If any other member of the Board conducting the hearing so requests, the presiding officer shall consult with the other members on any ruling made or before making the ruling and a majority vote will resolve any disputed evidence. 2. STIPULATION. Evidence may be stipulated by Agreement of all parties in interest appearing at the hearing. 3. TESTIMONY SHALL BE PERTINENT. The testimony shall be confined to the subject matter contained in the disciplinary action that is being appealed; in the event that any party pursues a line of interrogation of a Civil Service Board Rules and Regulations July 13, 1999 2015 Page 18 witness that is clearly irrelevant, incompetent or immaterial, the presiding officer may terminate that line of interrogation. If any other member of the Board conducting the hearing so requests, the presiding officer shall consult with the other members on any ruling made or before making the ruling and a majority vote will resolve any disputed evidence. 4. LIMITING NUMBER OF WITNESSES. The presiding officer may limit the number of witnesses appearing at the hearing when the testimony will be merely cumulative repetitive. 5. OBJECTIONS AND EXCEPTIONS. Formal exception If a party objects to the ruling of the presiding officer is not necessary.), it is sufficient if the party,. at the time the ruling is providedmado, or sought makes known to the presiding officer the actions desired. 6. TIME CONSIDERATIONS FOR PRESENTING EVIDENCE. Unless otherwise permitted by the Civil Service Board for good cause, each party shall have one hundred twenty (120) minutes to present that party's witnesses and evidence in a hearing, and to question the witnesses presented by the other party. This time period does not include any time permitted by the Board for opening or closing statements and does not include any time expended through questioning by the Board of either party's witnesses or additional direct or cross-examination of witnesses by the parties based on questioning by the Civil Service Board. EF. REPORTING THE HEARING. 1. HEARING BEFORE THE BOARD. The hearing shall be recorded by tape audiotape or a combination of audio and video, including a disc, tape, wire, film, electronic storage drive or other medium now existing or later developed, unless the Board determines in its discretion that recording of the hearing by a certified court reporter and preparation arise needed. In this event, the testimony shall be recorded by a certified court reporter. 2. TRANSCRIPT. If a hearing is recorded by a certified court reporter engaged in or appointed by the Board, and a copy of the transcript or testimony is ordered by the Board or a party, the testimony shall be transcribed and the original transcript filed with the papers in the proceeding. Copies of the transcript of testimony of any hearing thus reported may be purchased from the certified court reporter at the requesting party's own expense. 3. AVAILABILITY OF ELECTRONIC RECORDING. The Board does not prepare transcriptions for the public of hearings recorded electronically on Board equipment, but will arrange for a party in interest to have access to 1 1 1 1 1 1 1 1 Civil Service Board Rules and Regulations July 13, 1999 2015 Page 19 the electronic recording. 4. RECORDING BY A PARTY. Subject to availability of space, any party in interest, at his/her own expense, may arrange for a certified court reporter to report the hearing from an electronic recording of the hearing. FG. EXHIBIT 1. REQUIREMENT FOR EXHIBITS. Exhibits of documentary character shall be of a size which does not unduly encumber the files and records of the Commission or Board. Except for maps and drawings, the sheets of each exhibit shall not be more than 8 1/2 inches by 14 inches and numbered. Exhibits shall be limited to facts which are relevant and material to the issue involved in the particular proceeding. 2. INTRODUCTION OF EXHIBITS. The original exhibit or a certified copy of ach exhibit offered shall be tendered to the presiding officer for marking. Exhibits (original or true and correct copy) shall be offered to the presiding officer for admittance in the record. One copy of the exhibit shall bo furnished for use of the opposing counsel or parties A copy of the exhibit shall be provided to each of the Board members, the Director of Human Resources or designee, and the opposing party/counsel. If the exhibit is admitted into evidence, the original or certified copy shall be made a part of the record of the proceeding, but leave may be granted to withdraw and substitute a copy therefore. 3. EXCLUDING EXHIBITS. In the event an exhibit has been identified, objected to, and excluded, the presiding officer shall determine whether the party offering the exhibit desires to withdraw the offer, and if so, shall permit the return of the exhibit to him/her. If the excluded exhibit is not withdrawn, it shall be given an exhibit number of identification and be included in the record for the purposes only of preserving the exception, together with the ruling thereon. 4. DOCUMENTS IN CITY FILES. Any matter of official record in the City's files and records, if material and relevant, may be incorporated by reference by parties in interest, if the matter is specifically identified at the hearing so as to put all parties on notice and if no party in interest is deprived of the material right of cross-examination. 5. ABSTRACTS OF DOCUMENTS. When documents are numerous, the presiding officer may elect to receive in evidence only those which are typical and representative and may require the abstracting of relevant data from the documents and the presentation of the abstracts in the form of an exhibit. However, before making this requirement, this—the presiding Civil Service Board Rules and Regulations July 13, 1999 2015 Page 20 officer shall see that all parties in interest who have made an appearance are given the right, upon request, to examine the documents from which the abstracts were made. 6. EXHIBITS OFFERED AFTER HEARING CLOSED. Unless authorized by the Board, a party may not file an exhibit as part of the proceeding after the hearing has been closed. The presiding officer shall provide the opportunity for interested parties to view any exhibit authorized to be filed by a party after the hearing has closed. 1 GH. ARGUMENTS AND BRIEFS 1 1 1 1 1 2. has committed a felony or a misdemeanor involving moral turpitude whether the employee has been indicted or found guilty in a criminal proceeding or not; 1. ORAL ARGUMENTS. Oral arguments may be allowed by the Board upon request by a party, but a reasonable time limit shall be fixed by the Board, with equal time given to each side. 2. BRIEFS. Prior to the closing of the hearing and upon request of the parties in interest, the Board may authorize the presentation submission of briefs. HI. ACTION AFTER HEARING CLOSED 1. At the conclusion of testimony and other oral arguments offered at a hearing before the Board, a hearing is ordered closed. The Board may then close the record or keep it open for the submission of briefs and exhibits. 2. In conformity with the Texas Open Meetings Law Act, the Board and members thereof, in the event a decision is postponed for the submission of briefs, or otherwise, will only discuss and consider this matter in open meeting after posting notice in conformity with State Law. 3. DECISION. The decision of the Board will be based on findings on the evidence presented. SECTION 5. CAUSES FOR DISCIPLINE The following shall be cause for disciplinary suspension, involuntary demotion or discharge termination against a classified employee, if, in the opinion of the disciplinary authority, the employee: 1. has been convicted of a felony or misdemeanor involving moral turpitude; 1 Civil Service Board Rules and Regulations July 13, 1999 2015 Page 21 3. has willfully, wantonly, or through culpable negligence, been guilty of brutality or cruelty to an inmate or prisoner of a City institution or to a person in custody; 4. has violated any of the provisions of the City's code of ethics Code of Ethics or these Rules and Regulations; 5. has been guilty of public conduct that is prejudicial to the good order and effectiveness of the department, or the City or that such as to brings discredit on the public service; 6. has violated any City Policy, City Ordinance, departmental rule or regulation, or been insubordinate or failed to obey any lawful order or direction made or given by an officer employee superior to or in a supervisory capacity over the employee; 7. has been insubordinate; 7.8: Gconsumes alcohol, an illegal drug, or a legal drug being used improperly or has been under the influence of alcohol, drugs or other intoxicating substance while on duty;; in a City facility; on City property; while performing City business; in or while operating a City vehicles or equipment. 8. Ssells, purchases, transfers, or possesses an illegal drug or a legal drug improperly; while on City property; while in a City facility, while in or operating a City vehicle or equipment or while on duty 9. is offensive in conduct or language toward the public or City officials, officers, or employees, which interferes with or might reasonably be expected to interfere with the proper and orderly conduct of the City's business or brings or might reasonable reasonably be expected to bring discredit on the public service; 10. has committed any acts of dishonesty, which may include but is not limited to altering or falsifying official records or examinations; accepting, soliciting or making a bribe; lying to superiors or falsifying records with respect to official duties, including work duties, disciplinary actions, or has made a false statement Of report-ing of work hours order to obtain leave; 11. is incompetent. of inefficient, negligent or careless in the performance of the duties of his/her position, or fails to meet established standards of performance either qualitative or quantitative standards; 12. has excessive tardiness or excessive unexcused absences; 13. is so inefficient in the performance of the duties of his/her position that his/her Civil Service Board Rules and Regulations July 13, 1999 2015 Page 22 performance rating, kept in accordance with the rules of the Board, is unsatisfactory; 134. steals, or is careless or negligent with, property of the City; 146. threatens, harasses, assaults or batters any officer or employee of the City or any other member of the public 15. Efails to maintain satisfactory working relationships with co-workers, other City employees or the public; 167. takes any fee, gift or other thing of value in the course or in connection with his/her work for his/her personal use from any citizens; 176. has been induced, has induced, or has attempted to induce an officer or employee of the City to commit an unlawful act, or to violate any departmental or Board rule or regulation, or to disobey or fail to obey an order of direction by a superior officer; 189. has been absent from duty without leave, or has failed to call or notify his/her supervisor when unable to report for duty unless such failure to call or report is due to no fault of the employee, or has failed to report upon expiration or revocation of leave or when reason for leave has ended; 19. Engages in a strike, sabotage or work slowdown; 20. has been involved in any political activity prohibited by City Charter, Ordinance or published personnel policy; 21. has knowingly, singularly or in cooperation with others, wrongfully instructed another in respect to that person's right of examination; 22. has knowingly furnished any person being examined any special or secret information for the purpose of improving or injuring that person's performance on the examination; 23. has divulged confidential or otherwise confidential information to unauthorized individuals; 243. has made any false report, oral or written, with respect to his/her employment, or has knowingly falsified any government record or aided another in doing so; 254. has falsely maligned any other employee of the City, provided that this clause does not apply where the employee, in good faith, prefers charges against Civil Service Board Rules and Regulations July 13, 1999 2015 Page 23 another employee with the view of having the other employee brought up for the hearing before the proper tribunal of the City; 2526. has threatened to suspend, discharge, or demote, or adversely affect another employee for having filed a grievance, complaint or suggestion, or for having failed to take part in a voluntary program or benefit; 2627. has discriminates or harasses, usesd racially discriminatory or offensive language while on duty;toward an officer or employee or member of the public 27. has been guilty of neglect of duty; 278. Ffails to maintain licenses and certifications required by the position or fails to meet eligibility standards in order to perform the essential functions of the position; 2829. has misrepresented his/her physical condition, or work capacity, or disability; 2930. has a permanent injury, illness or disability such that they are no longer able to performance the essential functions of their position with a reasonable accommodation. 30129. has acquired an interest in any contract with the City; 3420. has been discovered to have been disqualified at the time of appointmentselection; 3234. has engaged in any activity or refrained from any action so as to bring discredit upon the City or the public service; 3342. fails to report to the City's designated Physician or other medical practitioner required by written instruction from a Department Head Director, or designee or as directed in writing by the City's designated Physician; 3458. violatesion of any published safety rule promulgated or approved by the Department of Risk Management Division; - 36. any other just cause including the good of the service. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 24 ARTICLE V TEMPORARY AND PART-TIME EMPLOYEES 1 SECTION 1. TEMPORARY EMPLOYEES GENERALLY 1 An employee hired for a fixed term, or to perform a specific task, has no Civil Service status under the Civil Service Board Rules and Regulations and may be terminated at will at any time during the temporary period of employment. SECTION 2. PART-TIME EMPLOYEES Part-time employees shall be treated in the same manner as regular employees for purposes of these rules and regulations Rules and Regulations except that in calculating the probationary period actual hours of work equal to the hours required of full-time employees to fulfill the -probationary period, as provided for in Article III, Section 3, must be accumulated by the part-time employee. For the purposes of this Section, 177.33 173.33 hours are equal to one month of work. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 25 ARTICLE VI PROMOTIONS, VOLUNTARY REASSIGNMENTS, LEAVES OF ABSENCE, RESIGNATIONS AND GRIEVANCES SECTION 1. PROMOTION Promotions within the City shall be based on efficiency, job-related knowledge and experience, job performance, character, conduct and seniority. Vacancies not filled by reasonable accommodation, alternate assignment, transfer, reinstatement or reduction in force shall be filled on the basis of merit and other appropriate factors. No promotion from one position to a higher one or to a position paying a higher salary shall become final until the person employee promoted has demonstrated fitness by satisfactorily completing satisfactorily completed the a six (6) month probationary period in the new position. as set out in Article III, Section 3. If the employee promoted does not satisfactorily complete the probationary period, he/she will be placed back in his/her former position if it is still available or placed in another position that is comparable in status and pay to his/her former position. If the disciplinary authority decides to terminate or suspend the employee promoted, then the due process steps set out in Article IV must be followed. SECTION 2. VOLUNTARY REASSIGNMENT The voluntary reassignment of an employee to a lower graded position with or without a corresponding reduction in pay as a reasonable accommodation under the Americans With with Disabilities Act is not a demotion and is not appealable to the Civil Service Board. SECTION 3. TRANSFERS Transfers may be made as follows: A. from one position to a similar position of the same class classification and; grade and character of work within a Department; B. from a position in one Department or Division to a similar position of the same class classification or grade or lower, in another Department or Division, providing the Heads Directors of the two Departments or Divisions and the employees shall concur, or, in case of conflict, by decision of the City Manager or designee; C. transfers shall not be allowed where the employee does not meet the minimum job qualifications for the position to which transfer is being Civil Service Board Rules and Regulations July 13, 1999 2015 Page 26 considered and cannot safely and fully perform the essential functions of the position, even with reasonable accommodation if required by the Americans With with Disabilities Act. SECTION 4. LEAVES OF ABSENCE The Department Head Director shall immediately file notice with th-e—D-ifeetefthe Director of Human Resources of any authorized leave of absence granted and shall again give notice upon termination of leave and the employee's return or failure to return. SECTION 5. REINSTATEMENT AFTER LEAVE employment pursuant to City Policy. SECTION -6 5. REDUCTION IN FORCE Whenever the budget adopted by the City Council makes it necessary to reduce the workforce, such reductions will be based on operational impact pursuant to City Policy. basis. In selecting positions to be eliminated, emphasis shall be placed upon departmental needs in carrying out assigned public service duties that will result in a minimum impact on service delivery. Employees who are holding positions targeted for reduction in force will be given preference in filling vacancies, which result in being laterally transferred or in a voluntary demotion. To be considered, individuals must meet the minimum qualification of the applicable position. The selection of incumbents in if generally available in all City departments. To determine who gets the placement opportunity, seniority and performance ratings will be used, if such evaluations are generally available city wide and exist for applicable employees. For the purpose of this Rule the Reduction in Force policy, seniority is defined as continuous uninterrupted within twelve (12) months following the date of the reduction in forc 6.7 SECTION -7 6. RESIGNATION A. VOLUNTARY. Notice of voluntary resignation of a classified employee shall be filed with the Director of Human Resources, with a copy of the resignation, if in writing, signed Civil Service Board Rules and Regulations July 13, 1999 2015 Page 27 by the employee and approved accepted by the Department Head Director, or designee and when appropriate, by the -City Manager; or designee the City Managcr's designee. B. AUTOMATIC. Employees who are absent for three (3) consecutive working days without prior approval to take leave, or when leave has been denied, or without contacting their supervisor regarding that absence, will be considered by the City and the Board to have resigned. The employee shall be given written notice of such Written notice of such shall be mailed by regular U.S. mail and certified mail, return receipt requested to his/her the employee's last known address as shown noted in the employee's file in - •• . • ' - e . - ' - e e the Human Resources Department. SECTION 8-7. GRIEVANCES An internal grievance procedure for issues concerning wages, hours of employment, or conditions of work shall conform to the procedure established by the City Manager. The City Manager shall establish _an in house internal grievance process procedure for issues not limited to, Matters that are not •rievable include but are not limited to appointment reduction in force, voluntary and automatic resignations, performance ratings ppraisals, reasonable accommodations made pursuant to the Americans With Disabilities Act, and classification and compensa tion. Such grievances Grievances are not subject to appeal and review of by the Civil Service Board. 1 Civil Service Board Rules and Regulations July 13, 1999 2015 Page 28 ARTICLE VII PERFORMANCE EVALUATION -APPRAISAL SECTION 1. Performance Evaluation Appraisal Policy Performance cvaluation appraisals shall be required and conducted in conformance with a City Policy as directed by the City Manager. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 29 The Performance Evaluation Report shall be filled out in its entirety before being signed by the rated employee. Performance appraisals, as with letters of counseling or City's in house grievance process, except that an employee has the right to submit a written rebuttal on his/her Performance Evaluation Report _to the Director of Human ._ • • • official personnel file maintained in thc Human Resources Department. completed Performance Evaluation Report_ shall be provided to each employee for his/her personal records. SECTION 2. Minimum Performance Evaluation Appraisal Rating Requirements A. Probationary employees will be required to be initially evaluated at 3 months and again before thc cnd of 6 months from date of hire for designated six month probationary periods, and quarterly for positions with designated 12 month probationary periods. Extension of a probationary period, as provided in Article III, Section 3, Probationary Period, will require follow up evaluations appraisals qach month of thc extended period. More frequent evaluations appraisals, as determined by the department head Department Head, may be conducted whenever justified by performance shortcomings deficiencies. B. Employees who have successfully completed their designated probationary period will be required to have a minimum of one performance evaluation assraisal ch fiscal y r. The anniversary date for non probationary employees will be as defined in the City Manager's Performance Evaluation Policy. More frequent evaluations appraisals, as detcrmined by the department head Department Head, may be conducted whenever justified by performance shortcomings deficiencies. Section III. Inspection of Performance Evaluation _Records Performance ratings shall be subject to inspection only by the Board, City Manager, or the City Manager's Designee, Legal Department, Department Head and/or Assistant designee. ARTICLE VIII DUTIES OF THE HUMAN RESOURCES DIRECTOR THE DIRECTOR OF Civil Service Board Rules and Regulations July 13, 1999 2015 Page 30 HUMAN RESOURCES SECTION 1. DUTIES It shall be the duty of the Director of Human Resources, who is secretary of the Civil Service Board, to keep the minutes of all proceedings of the Civil Service Board and have charge of and be responsible for the safe keeping of the books, records, and papers in its office; . It shall also be the duty of the Director of Human Resources to making make such certification for those eligible for appointment or employment as the Civil Service Board may direct, maintain efficient records, prepare or supervise the preparation of all examinations and such other duties as the Civil Service Board may designate, or as may be necessary, not inconsistent with the Charter of the City of Corpus Christi. SECTION 2. REPORTS REQUIRED FROM APPOINTING AUTHORITIES TO DIRECTOR OF HUMAN RESOURCES DIRECTOR HiringAppointing authorities shall make prompt and complete reports to the Director of Human Resources on the following matters: a. Appointments, whether full-time, part-time, temporary, or emergency permanent. b. Reinstatement appointments c. —Transfers d. Leaves of Absence e. Suspensions f. Removal from the service, and the cause of such removal,—whether resignation, discharge termination or reduction in force, g. Change in compensation h. h. h . Creation or abolition of any office or place of_ employment - i. —Any material changes in the duties of an officer or_ employee, or in 1 Civil Service Board Rules and Regulations July 13, 1999 2015 Page 31 _I• the organization of departments, Allother information found needful necessary by the Civil_ Service Board in the performance of its duties and —completion of any of its various records, Every record shall contain the affected employee's name and address City employee identification number e • - - • _ - - - e, together with the date upon which the action takes effect, and such other facts and information as will make it possible for the Civil Service Board to maintain a complete and correct record. Civil Service Board Rules and Regulations July 13, 1999 2015 Page 32 ARTICLE IX MISCELLANEOUS PROVISIONS SECTION 1. DISCRIMINATION The City shall not engage in unconstitutionally discriminatory employment practices. Information regarding suspect classifi--cations gathered by the City for statistical and Affirmative Action equal employment purposes will not be considered or used except as authorized by law. SECTION 2. RECORDS All names of applicants, examination papers and questions, and certificates must be filed in the Human Resources Department and kept not less than three years, unless otherwise required. Medical information shall be kept in confidential files separate from employee Human Resources records. SECTION 3. CHANGE OF RULES These rules may be amended, repealed, or supplemented by the Civil Service Board at any time and new rules adopted by majority vote of the Board. Such changes shall not become operative until approved by the City Council. SECTION 4. MEETING A. The Civil Service Board shall meet as often as necessary and/or upon call of two members, giving notice at least seventy-two hours in advance to the third member. Notice of meetings shall be posted in conformity with state law. B. In any investigation or hearing conducted by the Board, it shall have the power to subpoena and require the attendance of witnesses and the production of documents pertinent to the investigation and to administer oaths to such witnesses. C. Any witness fees for non -City employees shall be paid by the party calling such witnesses. SECTION 5. CLASSIFICATION AND COMPENSATION Civil Service Board Rules and Regulations July 13, 1999 2015 Page 33 Classification and Compensation shall be established by authority provided through tho City _ _ _ . _ _ " _ - Ordinance. SECTION 6. PUBLIC INFORMATION The City Secretary shall be designated as the Public Information Coordinator for the Civil Service Board. Revisions through July 13, 1999 C:\My Documcnts\civil serv. board\CSBRULES.doc H:\RES DIR\SHARON\Civil Service Board Rules 5 2001\CSBRULES.doc May 2, 2001 Civil Service Board Rules Revised August 2015 Article III, Selection Section 4 — Classified Employee — Section 39-304 of the City's Code of Ordinances Article IV — Disciplinary Suspension, Involuntary Demotions, Terminations, and Appeals Section 3 — Appeal B. Discovery - Subpoena allows the Board to issue subpoena and order discovery in an investigation or hearing. Employee or legal representative may request subpoena for witnesses or documents within 10 days of hearing. C. Submission of Docket Control — docket control submitted within 5 days of appeal and can be amended within 10 days of appeal. Director of Human Resources will notify all parties of available submissions. A party may object to witnesses or documents not submitted in compliance with the rule. D. Prehearing — either party may request a prehearing before the Board to rule on relevance and admissibility of evidence or testimony. E. Hearing — hearing scheduled within 30 calendar days of appeal. G. Decision — delete vote, all members to be present for meeting to be conducted. L. Failure to Appear — failure of an employee to appear for a hearing without providing notice, will be considered a waiver of appeal. Section 4 — Conduct of Hearings A. All members of the Board must be present to conduct hearing. C. Order of Conducting Hearings — order of proceedings and presentations. 6. No rebuttal by City representative after closing statements from both parties. D. General Procedure 2. Remove language "invoking the rule" E. Evidence of Parties - #6 Time limits for presentation from both parties. Limited to 120 minutes for each party. Section 4- Causes for Discipline — Rules edited or new — 5. additional language — no significant changes 6. additional language — no significant changes 7. consumes alcohol, an illegal drug, or a legal drug used improperly — more specific language pertaining to being under the influence of drug or alcohol. 8. sells, purchases, transfers, or possess an illegal drug or a legal drug improperly while on City property; while in a City facility, while in or operating a City vehicle or equipment or while on duty — more specific language to include city property 10. has committed any acts of dishonesty, which may include but is not limited to altering or falsifying official records or examinations; accepting, soliciting or making a bribe; lying to superiors or falsifying records with respect to official duties, including work duties, disciplinary actions, or false reporting of work hours — more specific language pertaining to making a false statement. 11. additional language — no significant changes. 15. fails to maintain satisfactory working relationships with co-workers, other City employees or the public — new 19. engages in a strike, sabotage or work slowdown — new 23. has divulged confidential information to unauthorized individuals — new 27. additional language — no significant changes 28. fails to maintain licenses and certification required by the position or fails to meet eligibility standards in order to perform the essential functions of the position — new 30. has a permanent injury, illness or disability such that they are no longer able to perform the essential functions of their position with a reasonable accommodation — new 36. any other just cause including the good of the service - new Article VI — Promotions, Voluntary Reassignments, Leaves of Absence, Resignations and Grievances Section 1 — Promotion — No promotion from one position to a higher position will be considered final until the employee has satisfactorily completed a 6 month probationary period in the new position. Article VI — Promotions, Voluntary Reassignments, Leaves of Absence, Resignations and Grievances Reference establish City Policy only and eliminating procedures. Procedures are subject to changes as we are continuing to improve and automate this process. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 27, 2015 Second Reading for the City Council Meeting of November 10, 2015 DATE: June 18, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Ordinance authorizing the City Manager to execute a use privilege agreement with the Tuloso-Midway Independent School District located at 2653 McKinzie Road CAPTION: Ordinance authorizing the City Manager to execute a use privilege agreement with the Tuloso-Midway Independent School District ("Permittee") to install, operate, maintain, and remove a private eight -inch PVC wastewater sanitary sewer main ("Wastewater Line") across the Haven Drive public street right-of-way, located west of McKinzie Road public right-of-way, subject to the Permittee's compliance with specified conditions. PURPOSE: The purpose of the use privilege agreement is to allow Tuloso-Midway Independent School District the ability to provide restroom services to the Tuloso-Midway Agricultural Complex restroom facilities, located at 2653 McKinzie Road. BACKGROUND AND FINDINGS: Tuloso-Midway Independent School District ("Permittee") desires to install, operate, maintain, and remove a private eight -inch PVC wastewater sewer main ("Wastewater Line") across the Haven Road Drive public street right-of-way. The wastewater sewer main being installed will be crossing approximately 128 linear feet of the Haven Drive public street right-of-way. The private 8 -inch sanitary sewer line authorized by this Agreement is strictly limited to providing sanitary sewer service to the Tuloso-Midway Independent School District facilities, in the Use Privilege Area. Staff recommends that the Permittee pay a one-time payment of $900.00 for the use privilege agreement, for the use of the Haven Drive public street right-of-way. Permittee must comply with all the specified conditions of the ordinance within 180 days of Council approval. ALTERNATIVES: Deny the request of a Use Privilege Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Charter Article IX, Section 1, requires City Council approval for use of any portion of public right-of-way for private purposes. Ordinance 026217, Section 3. Section. 49- 61. Fees for use of public ways by unauthorized pipelines. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities or objections regarding the proposed Use Privilege Agreement, provided the applicant meets the specified conditions set out in the Use Privilege Agreement. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $900.00 $900.00 $900.00 BALANCE $900.00 $900.00 $900.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owners must comply with all the following specified conditions of the ordinance: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time Use Privilege Agreement fee of $900.00. b. The Permittee's use of the private eight -inch PVC wastewater sewer main is strictly limited to serving the Permittee's Tuloso-Midway Agricultural Complex restroom facilities on Haven Drive. Permittee may not provide wastewater service through the wastewater sewer main to any facilities other than the facilities specified in this section nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the force main to any facility whether owned by the Permittee or by another person or entity. c. All costs incurred to install, operate, maintain, repair, and remove the eight - inch PVC wastewater sewer main are the sole responsibility of the Permittee. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Ordinance authorizing the City Manager to execute a use privilege agreement with the Tuloso-Midway Independent School District ("Permittee") to install, operate, maintain, and remove a private eight -inch PVC wastewater sanitary sewer main ("Wastewater Line") across the Haven Drive public street right-of-way, located west of McKinzie Road public right-of-way, subject to the Permittee's compliance with specified conditions. WHEREAS, Tuloso-Midway Independent School District ("Permittee"), desires to install, operate, maintain, and remove a private eight -inch PVC wastewater sanitary sewer main ("Wastewater Line") across the Haven Drive public street right-of-way, located west of McKinzie Road public right-of-way; WHEREAS, the Permittee has requested, and the City of Corpus Christi ("City") desires to extend, a one-year term use privilege agreement ("Agreement"). At the end of the initial term, this Agreement renews automatically, in order to accomplish the purpose and use intended by the Permittee within the public right-of-way; WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council authorizes the City Manager to enter into the Agreement for the benefit of the City and the Permittee, subject to the Permittee's compliance with the specified provisions of the Use Privilege Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee ("City Manager"), is authorized to execute a one-year term use privilege agreement ("Agreement"). At the end of the initial term, this Agreement with the Tuloso-Midway Independent School District ("Permittee") renews automatically, to allow the Permittee to install, operate, maintain, and remove a private eight -inch PVC wastewater sanitary sewer main ("Wastewater Line") across the Haven Drive public street right-of-way, such Agreement at all times subject to the Permittee's compliance with the conditions specified in the Agreement. A copy of the Agreement is attached to this ordinance and being incorporated by reference into this ordinance as if fully set out herein in their entirety. SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the Permittee's compliance with the conditions of the Agreement including, but not limited to, the provisions specified below: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time Use Privilege Agreement fee of $900.00. b. The Permittee's use of the eight -inch wastewater sanitary sewer main is strictly limited to serving the Permittee's Tuloso-Midway Agricultural Complex restroom facilities. Permittee may not provide wastewater service through the eight -inch wastewater sanitary sewer main Page 1 of 2 to any facilities other than the facilities specified in this section, nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the eight -inch wastewater sanitary sewer main to any facility whether owned by the Permittee or by another person or entity. c. All costs incurred to install, operate, maintain, repair, and remove the eight -inch PVC wastewater sewer main are the sole responsibility of the Permittee. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 2 of 2 USE PRIVILEGE AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This use privilege agreement ("Agreement") is entered into by and between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, and the Tuloso Midway Independent School District ("Permittee"), a Texas public school district and property owner of 2653 McKinzie Road, Corpus Christi, Texas, whose business address is 9760 La Branch, Corpus Christi, Texas, 78410. In accordance with Article IX, Section 1, of the City's City Charter and in consideration of a one-time payment of Nine Hundred Dollars ($900.00) paid by Permittee, the receipt of which for the initial year is acknowledged, the City has granted and conveyed, and by these presents does grant and convey to Permittee, for the term and upon the conditions stated in this Agreement, a use privilege for the right to install, operate, maintain, repair, and remove approximately one hundred and twenty eight linear feet (128 L.F.) of a private eight -inch PVC sanitary sewer line ("Wastewater Line") with a steel casing across the Haven Road public street right-of-way, as shown in Exhibits "A" (Location Map) and "B" (Plan View and Profile View). Exhibits "A" and "B" are attached to this Agreement and incorporated into this Agreement by reference as if fully set out herein in their entirety. The area in which the use privilege is granted for the location of the Permittee's Wastewater Line is referred to in this Agreement as the "Use Privilege Area." TO HAVE AND TO HOLD the same use privilege granted unto Permittee, its successors, and assigns, together with the right under the conditions specified in this Agreement, to at any time enter upon the above described Use Privilege Area to install, operate, maintain, repair, or remove Permittee's Wastewater Line, and being further understood that the use privilege granted by this Agreement is subject to the Permittee's compliance at all times with the following conditions, the City and Permittee agree as follows: A. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City upon providing the Permittee not less than 30 days notice in writing by the City's City Manager, or his designee ("City Manager"). In the event of a revocation by the City Manager or earlier termination of this Agreement by either party, no portion of any payment made under this Agreement is refundable to the Permittee. B. This Agreement is for a term of one (1) year from the date executed by the City. At the end of the initial term, this Agreement renews automatically unless the Permittee or the City provides written notice of intent not to renew It, 401-t to the non -terminating party at least 60 days before the end of any annual term. C. This Agreement may not be assigned by Permittee without the City Manager's prior written consent. D. The Permittee shall acquire and maintain at all times for the term of this Agreement insurance coverage pertaining to the Use Privilege Area granted under this Agreement and the activities authorized by this Agreement. The types of required insurance coverages must be in the minimum amounts set forth in the attached Exhibit "C," the substantive content of Exhibit "C" being incorporated by reference into this Agreement as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed, or materially changed by Permittee unless at least ten (10) days advance written notice has been provided to the City. Upon the City Manager's written request, Permittee shall provide copies of all requested insurance policies to the City's City Attorney. E. Should construction be deemed necessary by Permittee in the Use Privilege Area, construction plans and specifications for all proposed work shall be submitted in advance by the Permittee to the City's City Engineer for approval prior to beginning the construction process. The plans must show the depth, and location of the proposed construction and distance from existing water, storm water, wastewater, and gas lines. The Permittee shall also comply with any other laws, rules, regulations, and ordinances applicable to construction in the City and in the public right-of-way, including obtaining all required permits. F. Prior to the start of any approved construction, Permittee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit "C." Additionally, Permittee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, licensees, and invitees in the same manner that Permittee has provided indemnification to the City pursuant to this Agreement. G. Permittee shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the Use Privilege Area, in as much as possible. H. At least 48 hours prior to beginning any approved construction, Permittee shall contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800- 669-8344), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Permittee shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: t o 41-2_ • City Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT&T); • CenturyTel; • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verity its depth or location. I. Any construction process and use of the Use Privilege Area by Permittee shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement by the City or any of its agents, contractors, or franchisees of any existing or future proposed sidewalks, utility lines, or other uses. If the City or any franchisee with utilities currently located in said public right-of-way needs access to the right-of-way, Permittee shall pay for removing or relocating the private wastewater line in the Use Privilege Area to allow access to utility lines for maintenance, repair, removal, or replacement of the utility lines. The Permittee shall repair the Use Privilege Area to its original condition or cease to use the Use Privilege Area, at which time this AGREEMENT terminates immediately. J. Traffic Engineer requirements pertaining to this Agreement, if applicable in context: 1. At least 48 hours prior to commencing any approved construction, the Permittee shall file and obtain approval for a traffic control plan with the City's Traffic Engineer. No closure or barricading of a public right-of-way or any portion of a public right-of-way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Permittee require a trench, pit, or similar excavation be dug during approved construction, the Permittee shall file and obtain approval for barricading said trench, pit, or excavation in accordance with the Texas Manual on Uniform Traffic Control Devices from the City's Traffic Engineer. [See paragraph "P" of this Agreement for additional requirements regarding trenches, pits and similar excavations.] K. If, as determined by the City Manager, damage occurs to any gas, water, storm water, or wastewater line, Permittee shall allow the City immediate access to the Use Privilege Area to perform an assessment, make repairs, or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Permittee within 30 days of the City's invoice. L. Should construction become necessary near existing water or wastewater lines, Permittee shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. M. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of three -hundred ten dollars and thirty-five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal, or replacement in the Use Privilege Area. A half-day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18) per hour. Any assessed inspection fees shall be paid by the Permittee to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on August 1 to reflect any pay increases that may be attributable to the rates charged. N. The parties acknowledge that the Wastewater Line is not owned by the City. At any and all times Permittee shall be solely responsible for the repair and maintenance of the Wastewater Line and Use Privilege Area, including any costs associated with damage occurring due to natural weather elements/occurrences or man-made forces. Should damage occur to the Wastewater Line or Use Privilege Area, regardless of the type of damage, Permittee shall immediately repair the damage upon notice by the City. Failure to so repair terminates this Agreement immediately without any further action needed on the part of the City. 0. Permittee shall repair, or cause to be repaired, any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the Wastewater Line and Use Privilege Area. P. If a trench, pit, or other excavation is required during approved construction, no trenches, pits, or other excavation, other than bore pits, shall be left open overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits, or other excavations, other than bore pits, shall be backfilled by the Permittee promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits, and ID 401-4 other excavations, including bore pits, shall be barricaded by the Permittee in accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "J.2." for additional requirements pertaining to trenches, pits, and other excavations.] Q. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Permittee according to current City standards and specifications and as required by a City inspector. R. Use of the Wastewater Line authorized by this Agreement is strictly limited to providing service to the Tuloso Midway High School Agricultural Complex restroom facility, located at 2653 McKinzie Road, in the Use Privilege Area. Permittee shall not provide, nor permit anyone else to provide or receive, service through said Wastewater Line, or at any facilities within the City other than the building facilities specifically included in this Agreement without first obtaining a franchise or other required approval from the City. The Permittee' use of the eight -inch wastewater sanitary sewer main is strictly limited to serving the Permittee's Tuloso Midway Agricultural Complex restroom facilities. Permittee may not provide wastewater service through the eight - inch wastewater sanitary sewer main to any facilities other than the facilities specified in this section, nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the eight -inch wastewater sanitary sewer main to any facility whether owned by the Permittee or by another person or entity. All costs incurred to install, operate, maintain, repair, and remove the eight -inch PVC wastewater sewer main are the sole responsibility of the Permittee. S. INDEMNIFICATION. Intentionally left blank. T. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signatures. U. Unless otherwise stated in this Agreement, any notice required or permitted to be given under this Agreement must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Permittee: If to the City: IP 1-101-5 Tuloso 01- Tuloso Midway Independent School District 9760 La Branch Corpus Christi, TX 78410 City of Corpus Christi Attn: Director, Development Services Department P. O. Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. V. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this Agreement must be brought in Nueces County, Texas. W. The Permittee further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the "Disclosure of Interests" form attached to this Agreement as Exhibit "D." Completed versions of Exhibit "D" by the Permittee form a part of this Agreement and are incorporated by reference into this Agreement as if set out here in their entireties. X. This instrument, including exhibits, constitutes the entire agreement between the City and the Permittee, and no prior written, oral, or contemporaneous promises, warranties, or representations shall be binding upon any parties. This Agreement may only be amended by written instrument signed by authorized representatives of the City and Permittee and approved as required by City law. Y. Any payments due by the Permittee pursuant to this Agreement will be made from current revenue available to the Permittee. IIN 401-6 EXECUTED IN DUPLICATE this n day of ft-ir.-- , 20 t . TULOSO MIDWAY INDEPENDENT SCHOOL DISTRICT 4_t . 'Aka -to 29//7,2e9/5 Date President Board of Trustees ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES Thinstrument was acknowledged before me on —�` /? ► , 2015, by ie A • , President, Board of Trustees, Tuloso Midway Independent School District, a Texas public school district, on behalf of the district. Notary Public's Signatul'� �'""H `'►. MARTA IRENE CHAVEZ ri: ` '= MY COMMISSION EXPIRES *" '` September26, 2016 ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Daniel M. Grimsbo, P.E. Director, Development Services Department Approved as to legal form: , 2015 Julian Grant Senior Assistant City Attorney for the City Attorney STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2015, by Daniel M. Grimsbo, P.E., as Director, Development Services Department, of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. 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'f `r Ih irk ..„1,41.70::: ce+ } Yi lclip:::. ili .........::,.. , _......_ M s ..."j,---,-4.,....1- ;:,...•- � •' S .1,.....-- J I. ."\-....- `� �I `. - \ -,ISN -.. 1- !s 0 r� • fl 1 dot .01• c '401.,o EXHIBIT B-1 Oa-nVIS 0100 ViS 31dOdd B Mid Gr.). I1SIxM3Srlab': SIH31T]AOtld1TI A11111f1111SiiO ATMOIM OSO1f11 - [31d1103 1Vkf11in3tunY u1 • .1 .til t i i :4r 1 f• ' "'1; r= i• Lr 00.9 V1s • 31enH71VYf 0 8 •1- 4 n P • F uu 4 I J •MMC. OO+i VIA • 3H11H71TfT : II i�• it is 1 � 4, • qa*$ Y1I • 3HI1H71Y$1 Ib 46L -Il EXHIBIT B-2 EXHIBIT C INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Development Services one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises Operations 3. Products:' Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Adv ertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (AIl States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000:$500,0001500,000 PROPERTY INSURANCE Contractor is responsible for insuring all owned, leased and rented personal property. C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 11 401 -it. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. IA 4or-13 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Development Services UPA Tuloso Midway ISD Sanitary Sewer Line Project 2 13: 2015 ds Risk Management LA 1101-19 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Chrisb ordinance 17112, as amended, requires all persons or fines seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRST NAME: STREET; CITY: ZIP: FIRM IS: 01. Corporation 02. Partnership 03, Sole Owner 04. Association 05 Other DISCLOSURE QUESTIOMS If additional space is necessary, please use the reverse side of this page or attach separate sheet 1, State the names of each 'employee' of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named Ytrrn Name Job Title and City Department (if known) 2 State the names of each 'official" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named 'firm'_ Name Title 3 State the names of each "board member' of the City of Corpus Chnsti having an 'ownership interest" constituting 3% or more of the ownership in the above named 'firm' Name Board, Commission, or Committee 4 State the names of each employee or officer of a 'consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest' constituting 35 or more of the ownership in the above named 'firm' Name Consultant I certify that all information provided is true and disclosure of any Information requested; and Corpus Christi, Texas as changes occur. Certifying Person. 4 L /Hum (Type or Print) Signature of Certifying Person ZD 401 -Is" CERTIFICATE correct as of the date of this statement, that 1 have not knowingly withheld that supplemental statements will be promptly submitted to the City of 4e X14. Title: t oo- -d lien, Date g// 7A/ S EXHIBIT D Use Privilege Agreement - Tuloso- Midway Private Sanitary Sewer Line (Haven Dr.) N 1 Use Privilege Agreement - Tuloso- Midway Private Sanitary Sewer Line (Haven Dr.) N AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 27, 2015 Second Reading Ordinance for the City Council Meeting of November 10, 2015 DATE: September 24, 2015 TO: Ronald L. Olson, City Manager FROM: Alyssa M. Barrera, Business Liaison AlyssaB ancctexas.com (361) 826-3356 Authorizing Tax Increment Reinvestment Zone #3 to Expend Funds and Approve Reimbursement Agreements. CAPTION: Ordinance authorizing the Tax Increment Reinvestment Zone #3 Board ("Board") to approve expenditure of funds and reimbursement agreements in accordance with the TIRZ #3 Project and Financing Plan ("Project Plan"). PURPOSE: The purpose of this item is to authorize the TIRZ #3 Board to approve expenditure of funds and Reimbursement Agreements, in order to implement the Project Plan. BACKGROUND AND FINDINGS: In 2008, the City of Corpus Christi created TIRZ #3 in the City's downtown. On August 25, 2015 the Council approved the Project Plan by ordinance. To implement the Project Plan, we are establishing a new set of processes that require teamwork, flexibility and continuous refinement. Approval of the Project Plan has generated increased interest in downtown investments. Based on feedback from the private sector, it is clear that in order to accomplish the goals of the Plan, we need to keep the process succinct, simple and clear. Currently, any reimbursement agreement or expenditure of funds would require approval at three meetings; one TIRZ #3 Board and two Council Meetings. Since Council members are on the TIRZ #3 Board, they see the same item three times. We have an opportunity to create another critical path by asking Council to authorize the TIRZ #3 Board to approve agreements and expenditure of funds. Chapter 311 of the Tax Code gives a Reinvestment Zone Board the authority to approve agreements and expend funds to implement the Project Plan, if authorized by the municipality. When TIRZ #3 was conceived, these authorities were not delegated. However, based on the complexity of scheduling, the possible extended timeline these approvals would require and the amount of administrative work that is necessary to prepare multiple agenda items, we are requesting to have this authorization re -considered. Additionally, since activation of TIRZ #3 is being undertaken with no additional staff, streamlining administrative workload by delegating approval authority to a single body will increase efficiency and ensure this effort makes progress in a timely manner. We have developed the TIRZ #3 Reimbursement Agreement Template (attached), so that the authority to approve reimbursement agreements is limited to the form approved by the Council. ALTERNATIVES: The Council could decide not to authorize the TIRZ #3 Board to approve expenditure of funds or reimbursement agreements. OTHER CONSIDERATIONS: The TIRZ #3 Board approved a resolution in support of this action on October 20, 2015. CONFORMITY TO CITY POLICY: Conforms with the Tax Code and City Charter. EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Downtown Management District Tax Increment Reinvestment Zone #3 Board FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP oCIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Staff recommends approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance — TIRZ #3 Board Approval Authorization TIRZ #3 Template Reimbursement Agreement ORDINANCE AUTHORIZING THE TAX INCREMENT REINVESTMENT ZONE #3 BOARD TO APPROVE EXPENDITURE OF FUNDS AND APPROVE REIMBURSEMENT AGREEMENTS IN ACCORDANCE WITH THE PROJECT AND FINANCING PLAN WHEREAS, on December 16, 2008, the City Council of the City of Corpus Christi (the "City Council") approved Ordinance 027996 (the "Creation Ordinance") establishing Tax Increment Reinvestment Zone Number Three, City of Corpus Christi, Texas (TIRZ #3) in accordance with the Tax Increment Financing Act, as amended (Texas Tax Code Chapter 311) to promote development and redevelopment in the area through the use of tax increment financing; WHEREAS, TIRZ #3 is governed by a Board including City Council members and a single representative from Nueces County and Del Mar College (the "Board"); WHEREAS, on August 25, 2015, after a long hiatus due to a period of recession, the City Council approved the Project and Financing Plan (the "Plan") for TIRZ #3, pursuant to the Creation Ordinance; WHEREAS, the Creation Ordinance limits the powers of the Board to those powers expressly delegated to it by the City Council; and WHEREAS, both the City Council and the Board desire to implement the Plan and establish an effective reimbursement program with the City as agent for the TIRZ #3 and the Board as the authorizing body, which will maximize the efficiency and timeliness of approval of projects improving the economic health of the downtown area of the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL: SECTION 1. Expenditure of Funds. The Board is authorized to approve the expenditure of funds necessary to implement the current approved Plan, both now and in the future, until that authority is revoked by the City Council; SECTION 2. Reimbursement Agreements. The Board is authorized to allow the City Manager or his designee to enter into Reimbursement Agreements ("Agreements"), in substantially the form attached to this ordinance as Exhibit A, with the Developer of each Qualifying Project. All Agreements shall be subject to the approval of the Board if the project in an Agreement meets the criteria of the Creation Ordinance, the Plan, this Ordinance, and the current project guidelines for TIRZ #3. Changes in the attached form of an Agreement may be allowed if the Board determines that the alteration is commercially reasonable under the particular circumstances, but no Agreement may be modified to create a program that is not authorized by the Plan and Creation Ordinance; and SECTION 3. Administration. Upon Board approval under Sections 1 and 2, City Staff is charged with implementation and administrative duties, in coordination with the Corpus Christi Downtown Management District. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor DOWNTOWN DEVELOPMENT REIMBURSEMENT AGREEMENT This Downtown Development Reimbursement Agreement (the "Agreement") is entered into between the City of Corpus Christi, Texas (the "City"), as the agent of the Corpus Christi Tax Increment Reinvestment Zone #3 ("TIRZ #3"), and (the "Developer"). Recitals WHEREAS on December 16, 2008, the City Council of the City (the "City Council") approved Ordinance 027996, which established the TIRZ #3 in accordance with Texas Tax Code Chapter 311. TIRZ #3 promotes economic development and stimulates business and commercial activity in its downtown Corpus Christi area (the "Zone"); WHEREAS on August 25, 2015, the City Council approved a Project and Financing Plan (the "Plan") for TIRZ #3; WHEREAS the Board of Directors of TIRZ #3 (the "Board") includes members of the City Council in a non- public -official capacity, as well as a representative from each Nueces County and Del Mar College, who have committed to contribute to TIRZ #3 through Interlocal Agreements created in 2009 and amended in 2012; WHEREAS the Corpus Christi Downtown Management District ("DMD") assists the City with administration of TIRZ #3, recommends projects and recommends a DMD representative to be appointed to the Board through an Interlocal Agreement; WHEREAS on , the City Council approved Ordinance , which amended Ordinance 027996 and authorized the Board to approve agreements in this form, to be entered into by the City, as the Board considers necessary or convenient to implement the Plan and achieve its purpose; WHEREAS the Plan contained certain programs designed to improve conditions and increase commerce within the Zone; WHEREAS the Developer has proposed a development plan (the "Development") for the certain improvements listed on attached Exhibit A (each, an "Improvement" and, collectively, the "Improvements"). The Improvements are planned to be constructed on the property located at [ADDRESS], with such property being more fully described on attached Exhibit B (the "Property"). The Property is located within the Zone, and the Improvements fall within one of the programs approved in the Plan; WHEREAS the Development concept has been refined through cooperation between the Developer, the City and the DMD to meet the desired goals of revitalization within the Zone and serve a public benefit; WHEREAS any reference to "City" or "City Staff," is entirely in agency capacity for TIRZ #3, and further the City as a home -rule municipal corporation is not a party to this agreement; and WHEREAS the Developer desires to be reimbursed for certain future costs incurred pursuant to the Development, and TIRZ #3 desires to reimburse the Developer for these costs in accordance with this Agreement; 1 Agreement Now therefore, in consideration of the mutual covenants and obligations, the parties agree as follows: Section 1. Reimbursement Obligations. The City shall reimburse the Developer from available TIRZ #3 funds in an amount up to the estimated project cost listed next to each Improvement in attached Exhibit C (the "Estimated Project Costs"), except that (a) the total amount of such all such reimbursements for the Development may not exceed $ and (b) if the Developer actually incurs a cost for an Improvement less than that Improvement's Estimated Project Cost, the City shall reimburse the Developer for only the amount of the cost that the Developer actually incurred for that Improvement. Based on qualifications of the Development, the Program reimbursement structure is as follows (only the Programs pertaining to the Development will be included in an actual Agreement): (a) Chaparral Street Property Improvement Grant Program: (1) 50/50 Match of Approved Expenses (Up to 70/30 may be considered on case -by case basis) (2) Improvements must be permanent (b) New Tenant Commercial Finish Out Grant Program: (1) $10 Per Square Foot (2) Improvements must be permanent, semi-permanent improvements or fixtures (c) Downtown Living Initiative (minimum of 10 units must be built in order to qualify): (1) $10,000 Per Unit (d) Project Specific Development Agreement: (1) Beginning the year after the Developer receives a Certificate of Occupancy ("C of 0") for the Improvements from the City's Development Services Department, the City shall reimburse annually up to 75% of the property taxes paid on the Improvements to the participating taxing entities in TIRZ #3, for the 10 year period established in Exhibit A. (2) Each such payment shall be made no later than 30 days following the Developer's submittal of a valid Request for Reimbursement (3) After City has paid to Developer an amount equal to all of the Project Costs, City shall have no further obligation to pay any amount to Developer. (4) No interest shall accrue on any amount of unreimbursed Project Costs, and City shall not be obligated to pay Developer any interest whatsoever under this Agreement. Section 2. Conditions for Reimbursement. The City shall reimburse Developer in accordance with Section 1 only if the following conditions are fulfilled: (a) The Developer constructs all of the Improvements on the Property on or before (the "Completion Date") in accordance with Exhibit A and the City's building codes and policies. (b) The City's Development Services Department issues a C of 0 for the Improvements. (c) Within 60 days of the issuance of C of 0, the Developer submits a Request for Reimbursement for actual Project Costs, in the form contained in Exhibit D, including: (i.) C of O; 2 (ii.) specific improvements completed under the Project and the amount of money that Developer paid for completion of such work and that Developer claims as actual Project Costs; (iii.) supporting documents demonstrating that such amounts were actually paid by Developer, including but not limited to invoices, receipts and final lien waivers signed by the general contractor; (d) Appropriate City Staff has inspected the Improvements and certifies that the Improvements are complete, acceptable, and comport to the terms of this Agreement. (e) Upon acceptance by City Staff, Request for Reimbursement form is reviewed and approved by the Board. Section 3. Audit Developer will also make available for inspection by designated City Staff all financial and business records of Developer that relate to the Project, in order to assist City Staff in verifying the Developer's compliance with the terms and conditions of this Agreement. TIRZ #3 shall have the right to have these records audited. Section 4. Maintenance of Improvements. If the Developer constructs the Improvements, the Developer shall maintain the Improvements, premises, and adjacent public right of way in good condition and so as to not contribute to blight in the Zone. The Developer's obligation to maintain the Improvements and public right of way adjacent to the Property, includes without limitation, maintaining the landscaping, sidewalks, aesthetics, and general cleanliness of the premises. Section 5. Termination. Unless sooner terminated in accordance with this Section, this Agreement shall survive the expiration of TIRZ #3. If the Developer has not fully complied with Section 2 Conditions for Reimbursement by the Completion Date, this Agreement shall terminate immediately, unless mutually agreed to in writing in accordance with Section 16. Section 6. Warranties. Developer warrants and represents to City the following: (a) Developer, if a corporation or partnership, is duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. (b) Developer has the authority to enter into and perform, and will perform, the terms of this Agreement. (c) Developer has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed, and has timely paid and will timely pay all assessments, fees, and other governmental charges, including applicable ad valorem taxes, during the term of this Agreement. (d) If an audit determines that the request for funds was defective under the law or the terms of this agreement, Developer agrees to reimburse the City for the sums of money not authorized by law or this Agreement within 30 days of written notice from the City requesting reimbursement. 3 (e) The parties executing this Agreement on behalf of Developer are duly authorized to execute this Agreement on behalf of Developer. (f) Developer does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Developer is convicted of a violation under §U.S.C. Section 1324a(f), Developer shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date Developer has been notified of the violation. Section 7. Force Majeure. If the City or Developer 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 regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the City or Developer 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. Section 8. Assignment. Developer may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Board. Any attempted assignment without such approval is void, and constitutes a breach of this Agreement. Assignment can only be requested for multi-year reimbursements, after completion of obligations by Developer. Section 9. Indemnity. Developer covenants to fully indemnify, save, and hold harmless the TIRZ #3, 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 Developer 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. Developer 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. Section 10. Events of Default. The following events constitute a default of this Agreement: (a) Failure of Developer to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. (b) TIRZ #3, the Board or City Staff determines that any representation or warranty on behalf of Developer contained in this Agreement or in any financial statement, certificate, report, or opinion 4 submitted to the TIRZ #3 in connection with this Agreement was incorrect or misleading in any material respect when made. (c) Developer makes an assignment for the benefit of creditors. (d) Developer files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. Section 11. Notice of Default. Should the City determine that Developer is in default according to the terms of this Agreement, the City shall notify Developer in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Developer to cure the event of default. Section 12. Results of Uncured Default. 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 Developer, as determined by the City, the following actions must be taken for any default that remains uncured after the Cure Period. (a) Developer shall immediately repay all funds paid from TIRZ #3 funds under this Agreement. (b) Developer shall pay reasonable attorney fees and costs of court. (c) The City and TIRZ #3 shall have no further obligations to Developer under this Agreement. (d) Neither the City nor the TIRZ #3 may be held liable for any consequential damages. (e) The City may pursue all remedies available under law. Section 13. 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 Developer's default may not be considered an estoppel against the City or TIRZ #3. (d) It is expressly understood that if at any time Developer is in default in any of its conditions or covenants of this Agreement, the failure on the part of the City to promptly avail itself of the rights and remedies that the City may have, will not be considered a waiver on the part of the City, but City may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. Section 14. Available Funds. Developer specifically agrees that City and the TIRZ #3 shall only be liable to Developer for the actual amount of the money due Developer under this Agreement from TIRZ #3 funds, and shall not be liable to Developer for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by City or the TIRZ #3 under the terms of this Agreement. Payment by City is strictly limited to the total amount of increment funds for TIRZ #3. City shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and 5 agreed that, should the actual tax increment funds be less than the total amount paid to all contracting parties at the time, then in that event, all contracting parties shall receive only their pro rata share of the available increment funds for that year, as compared to each contracting parties' grant amount for that year, and City and the TIRZ #3 shall not be liable to for any deficiency at that time or at any time in the future. In this event, City will provide all supporting documentation, as requested. Reimbursements paid to Developer shall require a written request from Developer accompanied by all necessary supporting documentation, as outlined in Section 2. Section 15. Notices. Any required written notices shall be sent by certified mail, postage prepaid, addressed as follows: Developer: City of Corpus Christi Attn.: City Manager's Office Tax Increment Reinvestment Zone #3 P.O. Box 9277 Corpus Christi, Texas 78469-9277 Notice is effective upon deposit in the United States mail in the manner provided above. Section 16. 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. Section 17. 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. Section 18. Severability. 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. 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 6 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. Section 19. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. Section 20. Sole Agreement. This Agreement constitutes the sole agreement between City and Developer. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 7 APPROVED AS TO FORM: day of , 2015. Assistant City Attorney For City Attorney By: City Manager/Designee Date: City of Corpus Christi on behalf of Tax Increment Reinvestment Zone #3 Attest: By: Rebecca Huerta City Secretary Developer By: President/Chief Executive Officer Date: 8 Exhibit A — Project Description Exhibit B — Property Description, Metes & Bounds, Plat Exhibit C — Estimated Project Costs Exhibit D — TIRZ #3 Reimbursement Request Form 9 Exhibit A — Project Description Project will be described here. 10 Exhibit B — Property Description, Metes & Bounds, Plat Legal Description of Property Here. Both Metes & Bounds and Plat will be separate pages. 11 Exhibit C — Project Costs Improvement Estimated Cost Category 1) 2) 3) 4) 5) Total Possible Reimbursement: 12 Exhibit D - Request for Reimbursement Form city of Corpus Christi– City manager's office Carpus Ohristi D wnte un management district Tax Increment Reinvestment Zone #3 Request for Reimbursement Project Name: Grant Program: Type of Reimbursement: One Time El Re -Occurring {First Payment) Requestor: Date Requsted: lonpromnient Estimated Cost creratirimewt omairci Actual Cost o.caml invoice RefieFET1132 {Peraulaclied .} 0 2p 3) a) 3) — TOTAL -- Attached is the Following: 1) Executed T1R2 1/3 'Reimbursement Agreement 2) Certificate of Occupancy Date: 3) Documentation of Expenses Signatures for Submittal: Authorized Developer: Gate: Authorized General Contractor: Date: An incoarfarferrequantioriteirribeasernent we not be processed_ submit o hardcopy and aaaatbaredI/OF vase2A%yssob@cxtexcrEcorn_ Upon receipt ofitegLst final itssoecdonwii}bescbmluied Signatures for Approval Process Request Reed By City: Date: Documentation Complete: Inspection of Project: Notes: Reimbursement Approved by TI RZ #3 BOB rd: Date: Tax Increment Reinvestment Zone #3 Request for Reimbursement Updated October 2015 13 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 27, 2015 Second Reading Ordinance for the City Council Meeting of November 10, 2015 DATE: TO: September 24, 2015 Ronald L. Olson, City Manager FROM: Alyssa M. Barrera, Business Liaison AlyssaB©cctexas.com (361) 826-3356 Appropriating funds in the FY 2016 Reinvestment Zone No. 3 — Downtown TIF (1112) Fund to implement TIRZ #3 Project Plan. CAPTION: Ordinance appropriating $1,597,564 from the unreserved fund balance in Fund 1112 Reinvestment Zone No. 3 Fund ("TIRZ #3") to fund approved projects in FY2016 and changing the FY2016 Operating Budget adopted by ordinance 030620 by increasing expenditures by $1,597,564. PURPOSE: The purpose of this item is to move funds from the Unreserved Fund Balance to the Operating Budget in order to implement the TIRZ #3 Project and Financing Plan ("Project Plan") for FY 2016 Projects. BACKGROUND AND FINDINGS: In 2008, the City of Corpus Christi created TIRZ #3 in the City's downtown. In August 2015, the Board approved the updated Project Plan, which was then approved by the City Council. The Project Plan includes $1,600,000 for FY 2016 Programs & Initiatives, including $1,300,000 for reimbursement grant agreements and $300,000 for contracts or professional services. In order to move forward with implementation, these funds need to be appropriated from Unreserved Fund Balance. As of September 30, 2015, TIRZ #3 has an Unreserved Fund Balance of $2,251,927. The Project Plan was approved after FY 2016 City budget discussions had begun. Moving forward, the TIRZ #3 Board's approval, by resolution, will be part of the regular budget process to ensure alignment with the Project Plan. The table below illustrates the difference between what was included in the FY 2016 City Operating Budget, and what was approved in the Project Plan. Adopted FY 2016 TIRZ #3 Fund Budget Proposed FY 2016 TIRZ #3 Project Plan Budget Difference Expenditures $ 2,436 $ 1,600,000 $1,597,564 ALTERNATIVES: The Council could decide not to appropriate these funds. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms with the Tax Code and City Charter. EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Finance Budget FINANCIAL IMPACT: X Operating ❑ Revenue Capital Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP oCIP only) Current Year Future Years TOTALS Line Item Budget $ 2,436 $ 2,436 Encumbered / Expended Amount This item $1,597,564 $1,597,564 BALANCE $1,600,000 $1,600,000 RECOMMENDATION: Staff recommends approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance — TIRZ #3 Appropriating Revenue Ordinance appropriating $1,597,564 from the unreserved fund balance in Fund 1112 Reinvestment Zone No. 3 Fund (TIRZ #3) to fund approved projects in FY2016 and changing the FY2016 Operating Budget adopted by Ordinance 030620 by increasing expenditures by $1,597,564. Section 1. That $1,597,564 is appropriated from the unreserved fund balance in Fund 1112 Reinvestment Zone No. 3 Fund (TIRZ #3) to fund approved projects in FY 2016. Section 2. That the FY 2015-2016 Operating budget adopted by Ordinance No. 030620 is changed to increase expenditures by $1,597,564. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Future item for the City Council Meeting of October 27, 2015 Action item for the City Council Meeting of November 10, 2015 DATE: October 7, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Engineering Construction Contract Southern Minerals Road from Up River Road to IH 37 BOND 2014 Motion authorizing the City Manager, or designee, to execute a construction contract with Haas - Anderson, Inc. of Corpus Christi, Texas in the amount of $3,060,904.65 for Southern Minerals Road from Up River Road to IH 37 for the total Base Bid. (Bond 2014) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Haas -Anderson, Inc., for the Southern Minerals Road from Up River Road to IH 37 BOND 2014 project. BACKGROUND AND FINDINGS: This project is part of Bond Issue 2014, Proposition No. 1 Street Projects approved by city voters in a general election held November 4, 2014. Brochure Description: "Southern Minerals Road (Up River Road to IH 37 Access Road) $2,400,000.00 — This project includes full -depth repair of the existing 2 lane rural roadway with paved shoulders (one through lane in each direction) and designated turn lane at Up River Road. The proposed improvements include maintaining the current roadway section and reconstructing the road as a two lane rural roadway with wide eight -foot shoulders. Curb and gutter or sidewalk improvements are not anticipated." Project Description: The proposed roadway reconstruction conforms to the project scope by providing full -depth repair of the existing two-lane roadway and widening of the existing shoulders to eight -feet. A 30 -year pavement life- cycle cost analysis indicated concrete pavement was the preferred material for this project due to underground utility clearance and cost. Other proposed work includes replacement of driveways with installation of culvert pipes along the project location and the installation of metal beam guard fencing at Up River Road. The existing asbestos -cement pipe waterline will be replaced with PVC pipe and the existing storm water elements will remain and be enhanced with a new junction box, post inlets, and reinforced concrete pipe laterals. No wastewater improvements will be made and no curb and gutter, sidewalk or ADA improvements are necessary. Additional right of way will be acquired to provide for the relocation of AEP powerlines and a new turn lane at Up River Road. On September 16, 2015, the City received proposals from six (6) bidders and the bidders are as follows: Contractor Base Bid Haas -Anderson Construction, Ltd. Corpus Christi, Texas $3,060,904.65 Berry Contracting L.P. DBA Bay, Ltd. Corpus Christi, Texas $3,200,044.85 Clark Pipeline Services Corpus Christi, Texas $3,349,763.65 Reytec Construction Resources, Inc. Houston, Texas $3,498,791.00 J.E. Construction Service, LLC Corpus Christi, Texas $3,981,270.15 Salinas Construction Tech., LTD Corpus Christi, Texas $4,935,479.01 The City's engineer, LNV, Inc. conducted a bid analysis of the six (6) proposals submitted. LNV determined that Haas -Anderson, Inc. has the experience and resources to complete a project of this size and the bids for this project are within the approved budget. ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: When complete, this project will result in a safer and structurally sound roadway to include better drainage and increased street section width. The scheduled completion date is 240 days from the Notice to Proceed. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Operating Revenue X Capital Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $662,900.00 $3,744,597.72 $0.00 $4,407,497.72 Encumbered / Expended Amount $0 $0 $0.00 $0 This item $662,900.00 $3,060,904.65 $0.00 $3,723,804,65 Future Anticipated Expenditures This Project $0.00 $538,506.84 $0.00 $538,506.84 BALANCE $0.00 $145,186.23 $0.00 $145,186.23 Fund(s): CIP ST #10 — Street Bond 2014, Water, Storm Water and Gas CIP. RECOMMENDATION: City staff recommends that the construction contract be awarded to Haas -Anderson, Inc. of Corpus Christi, Texas in the amount of $3,060,904.65 for Southern Minerals Road from Up River Road to IH 37 BOND 2014 for the total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET Southern Minerals Road from Up River to IH 37 BOND 2014 PROJECT FUNDS AVAILABLE: Street CIP (Bond 2014) $ 2,400,000.00 Utility CIP 2,008,997.72 Storm Water CIP 870,845.75 Water CIP 1,129,649.96 Wastewater CIP 7,002.01 Gas CIP 1,500.00 TOTAL PROJECT FUNDS AVAILABLE $ 4,408,997.72 FUNDS REQUIRED: Construction Fees: Construction (Haas Anderson, Inc.) 3,060,904.65 Street 1,780,129.00 Utilities 1,280,775.65 Storm Water 549,677.75 Water 729,897.90 Gas 1,200.00 Contingency (10%) 306,090.00 Construction Inspection (estimate) 3% 132,224.00 Construction Materials Testing (Rock) 16,179.00 SUB -TOTAL REQUIRED FOR CONSTRUCTION 3,515,397.65 Design Fees: * Engineering (LNV, Inc.) Original and Amendment No. 1 607,875.00 Street 320,583.50 Utilities 287,291.50 Wastewater 70, 795.79 Storm Water 151,145.75 Water 65, 349.96 Engineering (RVE, Inc.) 6,000.00 Engineering (Freese Nichols, Inc.) 9,339.00 Engineering (L. Gurley) 11,511.00 SUB -TOTAL REQUIRED FOR DESIGN 634,725.00 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget) (.75%) 33,067.00 Engineering Services (Project Mgt / Constr Mgt) (1.75%) 77,157.00 Misc. (Printing, Advertising, etc.) 2,000.00 SUB -TOTAL REQUIRED FOR REIMBURSEMENTS 112,224.00 TOTAL PROJECT EXPENDITURES 4,262,346.65 ESTIMATED PROJECT BUDGET BALANCE $ 146,651.07 * Original Contract approved by City Council on March 18, 2014 by Ordinance 030126 Southern Minerals Up River Road to IH 37 Bond 2014 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS Corpus Chr"sti Engineering Southern Minerals Road BOND 2014 Council Presentation October 27, 2015 Project Location Corpus Chr'sti Engineering - PROJECT LOCATION 2 Project Layout alk Corpus Chr sti Engineering 3 Project Section Corpus Chr'sti Engineering TRAVEL LANE TRAVEL LANE t EXISTING TYPICAL SECTION SHOULDER TRAVEL LANE TRAVEL LANE SHOULDER PROPOSED TYPICAL SECTION Project Scope Corpus Chr'sti Engineering Project includes: • Full -depth re -construction of a 2- lane roadway, with widened 8 -ft paved shoulders • Concrete pavement and markings • Utilities with new water line, storm water elements and gas valve adjustments • Land acquisition and Right of way dedication • Driveway replacement Project Schedule Corpus Chr sti Engineering 2015 2016 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Design Bid Construction Project Estimate: 240 Calendar Days 8 Months * The project is planned for substantial completion in late summer 2016 before the next school year starts. AGENDA MEMORANDUM Future Item for the City Council Meeting of October 27, 2015 Action Item for the City Council Meeting of November 10, 2015 DATE: TO: October 20, 2015 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Execute Construction Contract Development & Improvements at HEB Tennis Center and Al Kruse Tennis Center CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Safenet Services, LLC. of Corpus Christi, Texas in the amount of $1,809,131 for the HEB and Al Kruse Tennis Centers (Rebid) for the Base Bid, Part A only for repairs to the tennis centers. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to execute a Construction Contract with Safenet Services, LLC. for Tennis Centers Repairs and Improvements. BACKGROUND AND FINDINGS: This project is part of the Bond 2012 for improvements to two City Tennis Centers. Bond 2012 Brochure Language: Includes repairs, upgrades and improvements to the HEB and Al Kruse Tennis Centers, which were both built in the 1960's. Improvements to the HEB Tennis Center will include repairs to the stadium structure and replacement or restoration of the viewing deck, as well as replacement of the surfaces of twelve of the Center's 24 playing courts. Improvements to the Al Kruse Tennis Center include repairs to the floors and ceiling in the pro shop, replacement of rollers and nets, resurfacing and/or patching on all 10 courts. The project was developed with Base Bids Part A and Part B to allow for the award to one or two contractors. The bid package also included 6 additive alternates to ensure the project remains within budget. Staff is recommending award of only Part A to one contractor with no additive alternates. Base Bid Part A: HEB Tennis Center: The HEB Tennis Center improvements consist of the replacement of the concrete court surfaces for nine existing courts, construction of three new courts with lighting and miscellaneous improvements such as light pole padding and fence improvements. The scope also includes demolition of the existing stadium court and seating areas which are in a condition of disrepair along with the demolition of an existing backboard area. Al Kruse Tennis Center: The Al Kruse Tennis Center improvements consist of new asphalt overlay for three courts and the resurfacing of seven courts. The windscreens will be replaced on all courts and padding will be added to light poles at 3 courts. A backboard will be relocated and various chain link fencing improvements will be made. Part A Additive Alternate: Part A had two Additive Alternates (Additive Alternate No. 1 and No. 6). HEB Tennis Center: Additive Alternate No. 1 — Provides for construction of two new tennis courts. Additive Alternate No. 6 — Provides for removal and upgrades to lighting on 3 courts. Base Bid Part B: HEB Tennis Center: The improvements to the HEB Tennis Center include the demolition and replacement of the viewing platform and canopy. The new viewing platform is fully ADA accessible with the installation of a LULA lift and miscellaneous concrete paving and sidewalk upgrades. The scope also includes repairs to the existing Lounge Building and renovations/alterations to convert the existing obsolete locker room building to a new pro shop. Al Kruse Tennis Center: The improvements to the Al Kruse Tennis Center consist of renovations and ADA accessibility improvements to the existing pro shop accessible restroom to include upgrades to the existing sidewalks and new ramp at the main entrance. Part B Additive Alternates: Part B had 4 Additive Alternates (Additive Alternates No. 2, 3, 4, and 5). HEB Tennis Center: Additive Alternate No. 3 — Provides for a new drip irrigation system. Additive Alternate No. 4 — Provides general site work, electrical, and foundation for a future shade structure. Additive Alternate No. 5 — Provides for the installation of a metal building for maintenance storage (20'x30'). Al Kruse Tennis Center: Additive Alternate No. 2 — Provides for a 2" milling and overlay for existing asphalt parking lot with new stripping, ADA signage and wheel stops. This project was previously bid with no bids being received as a result of the combination of specialized tennis court construction with general construction (Facilities). This re -bid package separated the work to increase competition. Based on the bid format contractors were allowed to place bids on Part A, Part B, or the Total Base Bid (both Parts A and B). On April 8, 2015 the City received proposals from two (2) bidders and the bids are as follows: Contractor Part A Part B Total Base Bid Marshall Company Corpus Christi, Texas No bid No bid $3,557,000.00 Safenet Services, LLC. Corpus Christi, Texas $1,809,131.00 $1,154,981.00 $2,964,112.00 Only Part A is recommended with the current budget constraints. Future projects will be developed for specific building improvements within the remaining funds. Additionally, City Parks and Recreation Staff will pursue potential joint funding opportunities with the Corpus Christi Tennis Association for specific work items not awarded with the in this bid. ALTERNATIVES: 1. Execute the Construction Contract for the Base Bid, Part A Only with Safenet Services, LLC. as proposed. (Recommended). 2. Do not execute the Construction Contract for the Base Bid, Part A Only with Safenet Services, LLC. as proposed. (Not Recommended). OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements. To expedite construction and economize on costs, work involving building improvements will be completed through the Job Order Contract (JOC) construction method. A small JOC contract was issued to Haeber Roofing to re -roof the pro -shop, lounge and tennis building at the HEB Tennis Center. Other JOC contracts will be issued for further club house improvements at HEB and Al Kruse tennis centers to the extent funding allows. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; FY 2015-2016 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,000,000 $3,000,000.00 Encumbered/Expended Amount 239,200 239,200.00 This item 1,809,131.00 1,809,131.00 Future Anticipated Expenditures This Project 365,413.10 365,413.10 BALANCE 2,760,800 2,174,544.10 $586,255.90 Fund(s): Park CIP Funds Comments: The Construction Contract will result in the expenditure of an amount not to exceed $1,809,131 and the project is estimated to be complete in seven months from the issuance of the Notice to Proceed. RECOMMENDATION: City Staff recommends the approval of the Construction Contract for the Base Bid, Part A Only with Safenet Services, LLC. of Corpus Christi, Texas. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET ESTIMATE HEB and Al Kruse Tennis Centers (Project No. E12118) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Parks and Recreation Bond 2012 $3,000,000.00 FUNDS REQUIRED: Construction Construction (Safenet Services, LLC.) 1,809,131.00 Contingency (10%) 180,913.10 Construction Inspection (2%) 60,000.00 Design Fees: Architect (CLK Architects & Associates, Inc.. ) 226,700.00 Geotechnical Study and Testing (Rock Engineering) 7,500.00 Reimbursements: Contract Administration (Eng Admin/Finance/Capital Budget) (1.75%) 52,500.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (2.5%) 75,000.00 Misc. (Printing, Advertising, etc.) 2,000.00 TOTAL 2,413,744.10 ESTIMATED PROJECT BUDGET BALANCE $586,255.90 IH37&SH35 Al Kruse Tennis Center WitiN 414'y Corpus Christi Bay HEB Tennis Facility LOCATION MAP NOT TO SCALE PROJECT LOCATION PROJECT: E1 I.111 i Tennis Centers Repairs and Upgrades HEB Tennis Facility and Al Kruse Tennis Facility CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 ‘t• Corpus Chr sti Capital Programs Tennis Centers Repairs and Upgrades Council Presentation October 27, 2015 Project Location Map 411111S4 Corpus Chr sti Capital Programs Al Kruse Tennis Center Corpus Christi Bay PROJECT LCCATYCN PROJECT: E12. Project includes two City Tennis Centers • HEB Tennis Facility • Al Kruse Tennis Center ❖ This a "Re -bid" as the first bid received no bids. Project Location Map HEB Tennis Center c*,4 Corpus Chr sti Capital Programs 3 Project Location Map HEB Tennis Center ‘.4) Corpus Chr sti Capital Programs Project includes: • Resurfacing 9 existing concrete courts • Constructing 3 new courts with lighting • Demolition of existing stadium court and seating and backboard areas • Misc. improvements such as padding for light poles and fence improvements Project Location Map Al Kruse Center Corpus Chr!sti Capital Programs 5 Project Location Map Al Kruse Center Corpus Chr sti Capital Programs Project includes: • New surfacing at 10 courts with 3 with asphalt and 7 with play surface resurfacing • New windscreens for all courts • Misc. improvements to include backboard relocation, padding for light poles, and fence improvements Project Schedule Corpus Chr sti Capital Programs 2015 2016 Q1 Q2 Q3 Re -Bid / Award Q4 Q1 Q2 Construction Project Construction Estimate: 210 Calendar Days 7 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of October 27, 2015 Action Item for the City Council Meeting of November 10, 2015 DATE: November 10, 2015 TO: Ronald L. Olson, City Manager FROM: Maria Pedraza, Procurement Manager MariaPe@cctexas.com 361-826-3176 Lawrence Mikolajczyk, Director, Solid Waste Operations LawM@cctexas.com 361-826-1972 Expand Solid Waste Operations' DriveCam Program by adding 51 units, and providing coverage to 100% of the Solid Waste fleet. CAPTION: Resolution finding that competitive bids are not required for procurement from Lytx, Inc., and authorizing the City Manager, or designee, to execute agreements with Lytx, Inc., totaling $133,225.26 for the purchase of additional hardware and software to expand the vehicle -mounted camera program for the Solid Waste Operations Department. PURPOSE: DriveCam cameras record driver behavior that is proactively utilized to reduce the number of preventable vehicle accidents. The cameras mounted to the trucks capture simultaneous images of the driver and the view in front of the vehicle to document recordable events, and provide extremely important data in documenting preventable vehicle accidents and unsafe driving behavior. This purchase expands on the original 40 DriveCam units purchased in FY 2014, to extend coverage to all 91 Solid Waste Operations vehicles. BACKGROUND AND FINDINGS: Solid Waste Operations began utilizing DriveCam in FY 2014 with the installation of 40 units, which covers 44% of the Solid Waste fleet. To test the effectiveness of the system, and provide department - wide coverage, the initial 40 cameras were installed in Transfer Station, Landfill, Refuse and Recycling Collection, and Brush Collection vehicles. For the initial 40 units, Solid Waste Operations pays annual subscription fees of $15,915.20. The Risk Management division supported the DriveCam initiative by funding $22,618 of the total $49,551.60 of the initial hardware and subscription costs in FY 2014. For FY 2016, Risk Management has committed another $22,000, of the total $52,057.74 required to expand the program to the entire Solid Waste Operations fleet. The hardware cost for 51 units is $31,765.86, with annual subscription fees of $20,291.88. The annual recurring subscription cost for the total 91 units will be $36,207.08 in FY 2017 and beyond. The results of the DriveCam program more than compensate for the cost. As reported by the Risk Management division, Solid Waste experienced 12 preventable vehicle accidents in FY 2015, which is down from 15 preventable accidents in FY 2014, and 17 preventable accidents in FY 2013. It's believed that the installation of DriveCam technology on 100% of the Solid Waste fleet can only help to sustain this downward trend. ALTERNATIVES: No better systems are known to monitor driving behavior and proactively help reduce preventable accidents. The cost of the system is justified by the avoidance of one accident. OTHER CONSIDERATIONS: The Legal Department's Risk Management Division establishes goals as part of their annual business plan to reduce preventable vehicle accidents and employee injuries. Solid Waste Operations is a field that is inherently dangerous due to the nature of the work, and ranks high among professions in employee related injuries and fatalities. CONFORMITY TO CITY POLICY: The City of Corpus Christi goes to great lengths to help insure safety for all employees, agents, contractors, and the general public. The purpose of the Risk Management Division is to protect the assets of the City from potential loss by purchasing property insurance, self-insuring, transferring the risk of loss to others, promoting safety programs, and effectively managing all claims filed against the City. The Risk Management Division governs the procedures for City Wide Safety, Operation of Vehicles, and the establishment of the Vehicle Accident Review Board. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: City Attorney - Risk Management FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $30,057.74 $81,167.52 $111,225.26 Encumbered / Expended Amount $22,000.00 $0 $22,000.00 This item $52,057.74 $81,167.52 * $133,225.26 BALANCE 0 0 0 Fund(s): General Fund, Liabilities/Employee Benefits/Workers Compensation Fund, and the Liabilities and Employee Benefits Fund Comments: * Future Years expense shows the total of four years of subscription fees for 51 DriveCam units, at $20,291.88 per year. RECOMMENDATION: Staff recommends approving the purchase. LIST OF SUPPORTING DOCUMENTS: Resolution, DriveCam Quotes, Presentation Resolution finding that competitive bids are not required for procurement from Lytx, Inc., and authorizing the City Manager, or designee, to execute agreements with Lytx, Inc., totaling $133,225.26 for the purchase of additional hardware and software to expand the vehicle -mounted camera program for the Solid Waste Operations Department. WHEREAS, the City currently has a program in place that utilizes vehicle - mounted cameras on Solid Waste Operations Department ("Solid Waste") vehicles in an effort to reduce the number of preventable accidents and improve safe operation by employees and the safety of the public; WHEREAS, the current program will be expanded by adding cameras to equip more Solid Waste vehicles than are presently equipped; WHEREAS, additional hardware and related software subscriptions must be purchased in order to expand the program; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and WHEREAS, there is a statutory exception for this procurement in Local Govern- ment Code, Section 252.022(a)(2), as this purchase relates to items necessary to preserve or protect the public health or safety of the municipality's residents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute agreements with Lytx, Inc., totaling $133,225.26 for the purchase of additional hardware and software subscriptions to expand the vehicle -mounted camera program for Solid Waste vehicles. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn Page 2 of 2 Lytx DriveCam_ Lytx, Inc. 9785 Towne Centre Drive San Diego, CA 92121 Tel: 858.430.4000 Fax: 858.380.3133 Bill! To City of Corpus Christi 2525 Hygeia St Corpus Christi TX 78415 Prepared for / Bill To City of Corpus Christi Paul Bass (361) 826-1968 paulb@cctexas.com DriveCam® Program Price Quote Purchase Option - GSA Quote Number: DC00007079 Created Date: 10/12/2015 Valid Until: 11/30/2015 Prepared By: Rush Akin Sales Rep: Rush Akin Phone. +18153825168 Email: rakin@lytx.com Purchase O Number of Video Event Recorders (VERs): 51 Number of Subscriptions: 0 Year 1 Costs Hardware Subscriptions Implementation Services Training Total Year 1 Costs tion Proposal Summary Subscription Term (Months): 60 Subscription Cost (Annual): $0.00 Ship To City of Corpus Christi 2525 Hygeia 5t Corpus Christi TX 78415 $27,795.00 $0.00 $3,970.86 $0.00 $31,765.86 Terms: • Client agrees to purchase the subscriptions for the subscription term set forth above • State taxes. shipping and handling may apply. • Subscription pricing is based on overnight upload of events. Customers that use vehicle battery kill switches or other devices that prevent overnight upload of events will be required to utilize Real -Time Cellular Upload which is subject to additional fees • Any Lytx installation services provided hereunder shall be subject to a mutually agreed installation schedule Client shall be responsible for ensuring availability of vehicles and VERs and access to installation site on agreed installation date. No refunds shall apply for Lytx's failure to complete an installation due to vehicle or VER unavailability or lack of access to installation site on agreed installation date. Additional fees may apply for return site visits due to such factors. • Any eLeaming provided hereunder will be available to Client for the duration of the Subscription Term individual eLeaming user accounts will be activated upon Client request and remain active for six months from the date of activation. No refunds shall apply for unused eLeaming services. Notwithstanding the foregoing all eLeaming access shall terminale upon termination of all Managed Services hereunder • All sales as a result of this quotation are subject to the terms and conditions of Lytx's GSA 1770 schedule, #GS -35F-06235 which are incorporated herein by reference and all orders am subject to acceptance by Lytx. By signing below, Client agrees to purchase the Products and Services described in this Quote in accordance with the Terms Printed Name Title Lytx Confidential Signature PO# (Optional) Date PO $ Amount (Optional) DriveCam® Program Price Quote 1 Purchase Option - GSA Page 1 of 2 DriveCam_ Lytx, Inc. 9785 Towne Centre Drive San Diego, CA 92121 Tel: 858.430.4000 Fax: 858.380.3133 Prepared for / Bill To City of Corpus Christi Paul Bass (361) 826-1968 paulb@cctexas.com Quote Number: DC00007079 Created Date: 10/12/2015 Valid Until: 11/30/2015 Prepared By: Rush Akin Sales Rep: Rush Akin Phone: +1 8153825168 Email: rakin@lytx.com Hardware (One -Time Cost) Part No Description Qty Price Amount VER-DC3P- 0020 DriveCam 3 Plus Video Event Recorder - Cellular CDMA 51 $545.00 $27,795.00 TOTAL $27,795.00 Installation Services and Accessories (One -Time Cost) Part No Description Qty Price Amount SRV -INS -0011 DriveCam Installation Per Unit - Complex Install (Waste/Transit) 51 $0.00 $0.00 PER -CAT -0020 Cable Assembly, 20 ft Extension, RJ45 to DC3/DC3P 51 $30.00 $1,530.00 SRV -INS -0008 Provisioning Fee 51 $47.86 $2,440.86 TOTAL $3,970.86 mplementation Assumptions: VER Quantity: 51 Installation Model: Tier 2 - Complex Install Additional Information: Public Works Expansion - GSA. Hardware requires Managed Services subscriptions, quoted separately. Free Installation Promotion - Use promo code: PROMO-2015-02-FREEINSTALLEXISTING-GOV -RA Notice: To the extent not exempt, this contractor and its subcontractors shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against alt individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance In employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. Lytx Confidential DriveCam® Program Price Quote 1 Purchase Option - GSA Page 2 of 2 lytx DriveCam. Lytx, Inc. 9785 Towne Centre Drive San Diego, CA 92121 Tel: 858.430.4000 Fax: 858.380.3133 Bili To City of Corpus Christi 2525 Hygeia 5t Corpus Christi TX 78415 Prepared for / Bin To City of Corpus Christi Paul Bass (361) 826-1968 paulb@cctexas.com DriveCam® Program Price Quote Purchase Option - GSA Quote Number: DC00017112 Created Date: 10/12/2015 Valid Until: 11/30/2015 Prepared By: Rush Akin Sales Rep: Rush Akin Phone: +18153825168 Email: rakin@lytx.com Ship To City of Corpus Christi 2525 Hygeia St Corpus Christi TX 78415 Purchase Option Proposal Summary Number of Video Event Recorders (VERs): 0 Number of Subscriptions: 51 Subscription Term (Months): 60 Subscription Cost (Annual): $397.88 Year 1 Costs Hardware Subscriptions Implementation Services Training Total Year 1 Costs $0.00 $20,291.88 $0.00 $0.00 $20,291.88 Terms: • Client agrees to purchase the subscriptions for the subscription term set forth above. • State taxes, shipping and handling may apply • Subscription pricing is based on ovemight upload of events. Customers that use vehicle battery kill switches or other devices that prevent ovemight upload of events will be required to utilize Reab Time Cellular Upload which is subject to additional fees • Any Lytx installation services provided hereunder shall be subject to a mutually agreed installation schedule. Client shall be responsible for ensuring availability of vehicles and VERs and access to installation site on agreed installation date. No refunds shall apply for Lytx's failure to complete en installation due to vehicle or VER unavailability or lack of access to installation site on agreed installation date. Additional fees may apply for return site visits due to such factors • Any eLeaming provided hereunder will be available to Client for the duration of the Subscription Term. Individual eLeaming user accounts will be activated upon Client request and remain active for six months from the date of activation. No refunds shall apply for unused eLeaming services. Notwithstanding the foregoing, all eLeaming access shall terminate upon termination of all Managed Services hereunder • All sales as a result of this quotation am subject to the terms and conditions of Lytx's GSA 1770 schedule, #GS -35F -0623S, which are incorporated herein by reference and all orders are subject to acceptance by Lytx By signing below, Client agrees to purchase the Products and Services described in this Quote in accordance with the Terms: Printed Name Title Lytx Confidential Signature PO# (Optional) Date PO $ Amount (Optional) DriveCam R0 Program Price Quote 1 Purchase Option - GSA Page 1 of 2 Lytx DriveCam Lytx, Inc. 9785 Towne Centre Drive San Diego, CA 92121 Tel: 858.430.4000 Fax- 858.380.3133 Implementation Assumptions; VER Quantity: 0 Prepared for / Bill To City of Corpus Christi Paul Bass (361) 826-1968 paulb@cctexas.cam Installation Model: Self -Install Quote Number: DC00017112 Created Date: 10/12/2015 Valid Until: 11/30/2015 Prepared By; Rush Akin Sales Rep: Rush Akin Phone. +18153825168 Email: rakin@lytx.com Subscription Fee (per Invoice period for Commitment Term) 1 Part No Description 4230-00FTS-A Fleet Tracking Service Invoiced Annually Qty Price Amount 51 $107.88 $5,501.88 GSA-Tierl-MS-A Tier 1 - Managed Service, including I]riveCam Online license - Includes standard duty, including 2 axel/4 wheel vehicles and four wheels operated on no more than one 8 -hour shift per day (example - Passenger and service vehicles) — Invoiced Annually 51 $290.00 $14,790.00 TOTAL $20,291.88 Additional Information: Quote for Budget - quote for 51 units subscription costs only, 51 new subs. -RA Notice: To the extent not exempt, this contractor and its subcontractors shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. Lytx Confidential DrrveCam® Program Price Quote 1 Purchase Option - GSA Page 2 of 2 DriveCam Program Solid Waste Operations October 27, 2015 DriveCam Program Actual FY 2013 DriveCam Expense (40 units) $0 DriveCam Expense (51 units) DriveCam Expense (91 units) $0.00 Actual FY 2014 Actual FY 2015 Proposed FY 2016 Proposed FY 2017 Proposed FY 2018 $49,551.60 (a) $15,915.20 (b) $15,915.20 (b) $15,915.20 (b) $15,915.20 (b) 52,057.74 (c) 20,291.88 (d) 20,291.88 (d) $49,551.60 $15,915.20 $67,972.94 $36,207.08 $36,207.08 Total Accidents 31 Preventable Accidents 17 Auto Liability Claims $74,303 27 15 $66,327 Notes: (a) Hardware and subscription costs on original 40 units. (b) Subscription costs for original 40 units. (c) Hardware and subscription costs for additional 51 units. (d) Subscription costs for 51 additional units. 25 12 $12,804 7 7 Lytex, Inc. is the sole source supplier for DriveCam recorders and the proposed managed subscription services. 7 7 DriveCam Program Accident documented by DriveCam August 25, 2015 DriveCam Program Questions? AGENDA MEMORANDUM Future item for the City Council Meeting of October 27, 2015 Action item for the City Council Meeting of November 10, 2015 DATE: October 14, 2015 TO: Ronald L. Olson, City Manager FROM: Maria Pedraza, Procurement Manager, Financial Services Department mariape@cctexas.com Saundra Thaxton, Assistant Director of Strategic Management Saundra@cctexas.com Assessment of the Efficiency and Effectiveness of the City of Corpus Christi's Financial Services Department CAPTION: Motion authorizing the City Manager or designee to execute a consultant agreement with Weaver and Tidwell, L.L.P to assess the efficiency and effectiveness of the Financial Services Department for an amount not to exceed $228,500. Funding is available in the Financial Services Department Budget for fiscal year 2015/2016. PURPOSE: The overall objective of the study is to assess how well the Financial Services Department is performing core services and identify ways to improve efficiency and effectiveness. The study will include all operational areas of the Financial Services Department: Utility Billing Office, Purchasing, Warehouse, Accounts Payable, Accounts Receivable/Collections, Accounting, Payroll, Grants, Cash Management and Central Cashiering. This study is a component of the City's overall continuous improvement program designed to periodically review and improve City operations; it will result in a specific action plan to improve the Financial Services Department. BACKGROUND AND FINDINGS: Six consulting firms responded to the City's request for proposal issued on July 18, 2015. Three firms were short-listed for presentations to the City. After all considerations, the selection team deems Weaver and Tidwell, L.L.P as the most responsive and most qualified. They are the largest Texas CPA firm, nationally ranked #49 in CPA firm revenues, and are well established in Texas with full service offices in Houston, San Antonio, Austin, Dallas, Fort Worth, Midland and Odessa. We initially recommended a different firm for this work, but upon learning additional information, we withdrew our recommendation. The work is being led by Weaver and Tidwell's Advisory Services Group which has performed work of a comparable nature for the cities of Houston, Georgetown, Denton, McKinney and Dallas. This is not a traditional financial or compliance review nor is it limited to existing policies, procedures or internal controls. The consultant is required to answer specific questions (see attachment for specific questions) built around the following focus areas: organization and support of the Financial Services Department; staffing levels, policies/procedures/process flowcharting; financial performance reporting; and CAFR preparation. Questions include targeted areas of specific concern for each functional area. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to all City policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Management & Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $228,500 $228,500 Encumbered / Expended Amount This item $228,500 $228,500 BALANCE 0 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Service Agreement Presentation Scope of Work Scope Questions Modified Scope SERVICE AGREEMENT FOR EVALUATION OF THE FINANCE DEPARTMENT Re: Request for Proposal Event No. 62 THIS Assessment of the Efficiency and Effectiveness of the Finance Department Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), by and through its duly authorized City Manager or his designee ("City Manager"), and Weaver and Tidwell, L.L.P., a Texas limited liability partnership, effective for all purposes upon execution by the City Manager. WHEREAS, the Contractor has proposed to provide an assessment of the efficiency and effectiveness of the Financial Services Department in response to the City's Request for Proposals ("RFP Event No. 62"); WHEREAS, the City has determined Contractor to be the best valued respondent; NOW, THEREFORE, City and Contractor enter into this Agreement and mutuaIIy agree as foIIows: 1. Services. Contractor will provide an assessment of the efficiency and effectiveness of the City's Financial Services Department ("Services") in accordance with RFP Event No. 62 ("Exhibit A"), the Contractor's response to RFP Event No. 62 ("Exhibit B"), and the modified scope document ("Exhibit C"), which exhibits are incorporated by reference into this Agreement as if fully set out here in their entirety. 2. Term. This Agreement takes effect upon execution of the City Manager and continues until the Services are completed by the Contractor, such date presently unknown but estimated to be approximately six months after commencement. 3. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. AlI of the Contractor's notices and communications regarding this Agreement must be directed to the contract administrator, who is the Assistant Director of Strategic Management or her designee ("Contract Administrator"). 4. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverages, to the Contract Administrator and the City's Risk Manager. Additionally, the Contract Administrator and Risk Manager must be given at least 30 days' advance notice, by certified mail, of cancellation, material change in the coverages, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's reasonable written request. 6. Assignment. No assignment by the Contractor of this Agreement nor of any right or interest contained in this Agreement is effective unless the City gives its written consent in advance of such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and 1 the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends each September 30th) is subject to sufficient appropriations and budget approval providing for covering such contract item as an expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each annual budget. S. Waiver. No waiver of any breach of any term or condition of this Agreement, its exhibits, and amendments, if any, waives any subsequent breach of the same by either party. 9. Compliance with Laws. This Agreement is subject to alI applicable federal, State, and Iocal laws. All duties of the parties wiII be performed in the city of Corpus Christi, Nueces County, Texas. The applicable Iaw for any Legal disputes arising out of this Agreement is the law of the State of Texas, and the forum and venue for any such disputes is in the appropriate district, county, or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the Services. 11. Amendments. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement, including its exhibits A, B, and C, and any properly executed amendment. Failure to keep all insurance policies in force for the entire term of this Agreement is also grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period stated, the City Manager may terminate this Agreement immediately thereafter. Alternately, the City Manager may terminate this Agreement without cause upon 20 days' advance written noticc to the Contractor. However, the City may terminate this Agreement upon three days' advance written notice to the Contractor for Contractor's failure to pay or provide proof of payment of required taxes as set out in this Agreement. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and alI other related taxes in accordance with IRS Circular E, "Employer's Tax Guide", Publication 15, as it may be amended. Upon hip request, the City Manager shall be provided proof of payment of one or more of these taxes within 15 days of such request. 14. Precedence of Documents. In the event of a conflict or discrepancy among the documents incorporated by reference and constituting this Agreement, interpretations will be based on the following order of precedence: this executed Agreement excluding its exhibits and amendments; Exhibit A; Exhibit B as modified by Exhibit C; Exhibit C and any properly executed amendments to the Agreement. 15. Notice. Any notices or communications required or permitted under this Agreement must be given by hand delivery, fax, or certified mail, with postage prepaid and return receipt requested, and is deemed 2 received on the day hand -delivered or faxed and on the third day after deposit in the U.S. mail if sent certified mail. Notices and communications must be sent as follows: IF TO CITY: City of Corpus Christi Attention: Assistant Director of Strategic Management 1201 Leopard Street Corpus Christi, Texas 78401 Fax: (361) 826-3174 IF TO CONTRACTOR: Weaver and Tidwell, L.L.P. Attn: AIyssa G. Martin 24 Greenway Plaza, Suite 1800 Houston, Texas 77046 Fax: (972) 702-8321 16. Severability. Each provision of this Agreement is deemed severable and if, for any reason, any such provision or any part thereof is determined to be invalid as provided by any existing or future applicable law, such invalidity shall not impair the operation of or affect those provisions or portions of this Agreement that are valid, and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 17. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES, INCLUDING THOSE RESULTING IN WORKERS' COMPENSATION CLAIMS OR DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS, INJURY, OR DAMAGE, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR 3 UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. EXECUTED this ? AA-- y of ( , 20 15 Weaver and Tidwell, L.L.P. Zi)°-eg Signatur cAlthr . ssck 6. ratan h J C PA- PrintedjName and T tle /o1ao/i5 Date CITY OF CORPUS CHRISTI Maria Pedraza Procurement Manager Date Attached and Incorporated by Reference: Exhibit A: RFP Event No. 62 Exhibit B: Contractor's Response to RFP Event No.62 Exhibit C: Modification of Scope and Costs 4 Service Agreement for the Assessment of the Efficiency and Effectiveness of the Financia! Services Department - Request for Proposal Event No. 62 EXHIBIT C MODIFIED SCOPE AND COST Both parties agree to the following modifications to the Scope of Work specified In Section 3 of the Scope of Work: • Modify question lc in the section addressing "Organization and Support of Financial Services" which asks "Is the Utility Billing Office (UBO) properly structured within the organization and the right structure within UBO? Is there a case to be made for including the Utility Billing Office in the Finance Department (or as a separate department).' Strike the last sentence asking "Is there a case to be made for including the Utility Billing Office in the Finance Department (or as a separate department). • Modify questions 2d and 2e in the section addressing "Staffing Levels" to be limited to assessing pay, classification and qualifications for only those key positions as designed by the City, not to exceed eight individual positions. Except for the two modifications above, Weaver and Tidwell, L.L.P. (aka Weaver) is expected to provide answers to all questions specified in the Scope of Work portion of the Request for Proposal. Both parties agree to the following modifications to the Project Approach specified by Weaver in their August 17, 2015 "Proposal for Assessment of the Efficiency and Effectiveness of the Financial Services Department": • Weaver is not expected to perform the "Knowledge Skills Assessment (KSA) as specified in their approach to assessing staffing levels; • Weaver is not expected to review all Departmental job descriptions and compare them against individual employee qualifications; • With regard to policies and procedures, Weaver will review City policies for reasonableness and completeness; Exhibit C Page 2 of 3 • With regard to developing recommendations to improve the internal control structure of the divisions in Financial Services, or to answer the specific questions for each division as outlined in Question 6 of the "Scope of Work", Weaver will provide, at a minimum, high-level recommendations to improve the internal control structure. However, in- depth root -cause and cost -benefit analysis will be condensed as budget allows. If additional work is needed beyond the estimated hours to more fully evaluate control gaps identified, or to perform root cause or cost -benefit analysis, the additional hours required for this work must be requested and explicitly approved by the City. Both parties agree that the "Updated Cost Proposal" included in this Exhibit C replaces the initial cost proposal provided by Weaver in their proposal submitted August 17, 2017. Exhibit C Page 3 of 3 Updated Lost Pi oposal The updated cost proposal below reflects the scope revisions proposed by the City. The scope, os revised, limits the Staffing Level evaluation to key positions. as defined by the City, eliminates the analysis of the placement' of the Utiity Billing Office in the evaluation of the Organization and Support of FIN Services. and only allows for a review of City policies for reasonableness and completeness. Additionally the analysis of the Divisions wilI be limited 10 the Identification of controls and control gaps. We will provide, at a minimum, high-level recommendations to Improve the internal control structure of the Divisions. However. an in-depth root -cause and cosi-benefit analysis vAl be condensed as budget allows. Further evaluation of control gaps or performance of root -cause and cost -benefit analysis will require additional hours, of which muss be requested and approved by the City. Estimated fees for our services are provided below: ESTIMATED ESTIMATED HOURS PRICE Organisation and Support of FIN Services 100 $15.000 Staffing levels 100 $15.000 FIN Policies, Procedures, Process Flow and Charting 60 $9.000 FIN Performance Reporting 80 $12.000 CAFR Preparation 110 $16,500 Division: U hIAy Billing Office 100 $15.000 Purchasing 100 $15,000 Warehouse Accounts Payable 100 $I5,000 100 $15.000 Accounts Receivable 80 $12.000 Accounting 80 $12.000 .. Payroll 100 $15000 Grants 100 $15,000 Cash Management 80 $12,000 Central Cashiering 100 $15,000 Subtotal 1,590 $208,500 Total Travel (not to exceed) $20,000 1,390 $228,500 Assessment of the Efficiency & Effectiveness of the City of Corpus Christi's Financial Services Department Council Presentation October 27, 2015 Overall Goals of Annual Competitive Assessments • Provide City services competitive in quality and price • Adopt best practices • Instill culture of continuous improvement Prior Assessments Using Industry Experts Fiscal Year 2010-11: MIS Competitive; $700 k in cost saving recommendations Fiscal Year 2010-11: FLEET SERVICES Competitive; "rightsizing" downsized fleet by 8% Fiscal Year 2011-12: SOLID WASTE SERVICES No further privatization warranted; recommendations resulting in cost savings from $1.2 M to $2.9 M Fiscal Year 2013-14: FIRE DEPARTMENT 33 recommendations to improve organization and service delivery Process Overview of Annual Competitive Assessments • Annually select department or service • Develop scope & issue RFP • Select consultant • Conduct assessment - Identify gaps in best practices & analyze - Benchmark against other organizations - Develop recommendations for improvement - Issue formal report • Department develops & implements action plan to close competitive gap and implement best practices Scope & Objectives of Financial Services Assessment • How well is the Department performing core services in all operational areas? Utility Billing, Purchasing, Warehouse, Accounts Payable, Accounts Receivable/ Collections, Accounting, Payroll, Grants, Cash Management & Central Cashiering • Focus areas include organization & support of the Department, staffing levels, policies, procedures and process flows, financial performance reporting, and CAFR preparation Scope & Objectives of Financial Services Assessment • Review objectives include obtaining answers to specific questions covering each of the functional areas - Benchmarking and comparisons to other cities is included - The review will result in an improvement action plan • These competitive assessments are not traditional financial or compliance reviews nor are they limited to evaluating existing policies, procedures or internal controls Weaver & Tidwell, L.L.P. Recommended Consultant ✓ Weaver's similar experience includes work for Houston, Dallas, Georgetown, Denton, McKinney and the Houston -Galveston Area Council ✓ Weaver has a strong Texas presence with full-service offices in 7 Texas cities (including San Antonio) ✓ Weaver is the largest independent CPA firm in the Southwest; it is ranked #38 nationally and was named "Best of the Best" in 2014 & 2015 by industry publications http://www.weaver.com/ Schedule -\/ 7/18/2015 -\/ 8/17/2015 -\/ 8/27/2015 11/10/2015 Nov - Mar Apr 2016 May 2016 RFP issued Proposals due to City Finalists interviewed Contract award by City Council Consultant field work Consultant provides staff a draft report Final report & City Council briefing Financial Services Competitive Assessment QUESTIONS? Section 3 Scope of Work 3.1 General Information The City is interested in obtaining an overall assessment of Financial Services department. The purpose of the review is to: Evaluate the efficiency and effectiveness of the City of Corpus Christi's Financial Services and identify areas for improvement with associated recommendations and action plans. Overall objectives include assessing how well the department is currently performing core services and identifying ways Financial Services can improve efficiency and effectiveness and performance relative to other cities. This includes results of comparisons against other municipal Finance departments and against industry standards. Aspects of the assessment include reviewing organization, staffing levels, financial policies and procedures, financial performance reporting, CAFR preparation, and divisional operations. Examples of specific questions to be addressed are included in Section 3.2 below. If any "weaknesses" or "areas of improvement" are identified, the consultant will be expected to provide specific recommendations needed to close the gaps identified, including recommended action steps and implementation timelines. 3.2 Statement of Work The Consultant will assess the City's Financial Services Department taken as a whole and each of the specific divisional units and identify areas for improvement. Specific questions shall include, but not be limited to, the following topical areas and divisions: 1) Organization and Support of Financial Services 2) Staffing Levels 3) Financial Policies, Procedures, Process Flow, and Charting 4) Financial Performance Reporting 5) CAFR Preparation 6) Divisions: a) Utility Billing Office b) Purchasing c) Warehouse d) Accounts Payable e) Accounts Receivable & Collections f) Accounting g) Payroll h) Grants i) Cash Management j) Central Cashiering 11 1) ORGANIZATION AND SUPPORT OF FINANCIAL SERVICES: a) Is the overall organization of Financial Services logically structured and how does it compare to other Texas cities? b) Are supervisor -to -staff ratios and the span of control reasonable? c) Is the Utility Billing Office (UBO) properly structured within the organization and the right structure within UBO? Is there a case to be made for including the Utility Billing Office in the Finance Department (or as a separate department?) d) Would Financial Services be better served if "Functional or Technical Analysts" resided within the department rather than within MIS (IT)? e) Is the current level of technical IT support provided by the MIS Department adequate and if not, how should Finance be appropriately supported? f) Is there a better way to do this work? 2) STAFFING LEVELS: a) Does the Department use a systematic approach to determine staffing level needs for each of the major functional areas (UBO, Purchasing, Payroll, Treasury, Central Cashiering, Accounting), and if so, is the approach used reasonable? If not, describe approach and results. b) What is the minimum number of staff by position and division needed to do a good job in Financial Services? c) Are the staffing levels reasonable for each of the major functional areas? d) Is the pay and classification correct for staff and if not, what should it be? e) Are our people qualified? 3) FINANCIAL SERVICES POLICIES AND PROCEDURES, PROCESS FLOW AND CHARTING: a) Are the City's overall Financial Policies reasonable and sufficient? b) Does the Department have adequate systems in place to monitor compliance with financial policies? c) Does the Department have adequately documented procedures, process flow and charting for all major functional areas? If not, what is recommended to rapidly create procedures and flow charting? d) Are there adequate procedures to address all major policies? e) Is the City's annually adopted debt, budgetary financial policy, and investment policy reasonable and does it adequately address risk? 4) FINANCIAL PERFORMANCE REPORTING: a) Does Financial Services periodically provide City management adequate analyses of financial trends and emerging issues? If so, are the reports of a quality comparable to other Texas cities (e.g. San Antonio, Fort Worth, Arlington, Austin, Dallas, El Paso, and Houston)? If not, define the types of reports that should be provided. b) How does the financial performance of the City of Corpus Christi compare relative to other Texas cities? c) Has the City established criteria for what constitutes good financial performance? I2 5) CAFR PREPARATION: a) Has the level of effort devoted annually to prepare the CAFR been reasonable, and is it comparable to other municipalities? b) How does the preparation of the CAFR compare to other Texas cities? Does the external auditor prepare the book or is it done internally by staff? i) If done by staff, how long does it take to complete the CAFR (from start to finish)? Is CAFR software used? ii) If done by the external auditor, how much is the fee to do so? c) Has the level of effort increased significantly with INFOR and, if so, what are the contributing causes? d) Would it be cost justified to acquire CAFR software? 6) DIVISIONS: For each of the divisions, provide answers to the following questions: a) Are there reasonable controls, checks and balances, and review procedures? b) How does performance compare relative to other major Texas cities? c) Is the level of effort devoted to routinely process the following reasonable and are there opportunities to refine or further automate?: an invoice, bill, accounting transactions, fixed assets, payroll, monthly quarterly grant reporting, daily cash management transactions, or central cashiering payments. d) Do our work processes and procedures align with our technology? If not, how can it be fixed? e) Can we outsource parts of the Finance Department? Which parts and would it be cost effective to do so? a) UTILIY BILLING OFFICE (UBO): i) Do UBO customer service representatives have easy access to accurate customer account records sufficient to provide quality and timely service? ii) Are utility receivables adequately managed? This would include determining whether collection and receivable criteria are established and routinely monitored. iii) Are monthly reports of water revenues by rate class of sufficient quality and detail to support cost of service analysis? iv) Is the current level of functionality provided in the new UBO system reasonable? v) Are the current reports going to be provided as part of the new system? vi) Is there adequate inter- and intra -departmental input and training provided as part of the new system? vii) Do any major deficiencies or issues exist as part of the new system rollout which we are not aware? b) PURCHASING: i) Are there significant opportunities to increase the efficiency of the procurement process? If so, how? ii) Are purchasing procedures adequately documented and communicated to City departments? iii) Is the City taking reasonable advantage of opportunities to purchase commonly used goods and services off of supply agreements or IDIQ's? iv) Is the training provided to departments adequate to support departmental compliance with new procedures given that the City moved from a decentralized to centralized purchasing process? I3 c) WAREHOUSE: i) Is the Purchasing Division's Warehouse structured appropriately and is the location appropriate? How does it compare to other Texas cities? ii) Are there significant opportunities to increase the efficiency of the City's warehouse? iii) Is the City taking reasonable advantage of opportunities to purchase commonly used goods and services off of supply agreements or IDIQ's? iv) Are procedures for utilizing the City's warehouse adequately documented and communicated to City departments? v) Is the training provided to departments adequate for utilization of the City's warehouse? vi) Are we being efficient? If not, are there better ways to do this work? d) ACCOUNTS PAYABLE: i) Is the time and effort to routinely process accounts payable reasonable? ii) Is additional departmental training needed? e) ACCOUNTS RECEIVABLE / COLLECTIONS: i) Is the time and effort to routinely process monthly billing reasonable? ii) Is additional departmental training needed? iii) Are the City's collection rates for utilities and miscellaneous receivables comparable to other Texas cities? iv) Are all accounts receivables centralized in other Texas cities or are they decentralized like in Corpus Christi? f) ACCOUNTING: i) Is the number and type of journal entries reasonable? ii) Is the monthly/quarterly "close-out" time reasonable so that departments may obtain adequate financial statements? iii) Is our "close-out" time reasonable compared to other Texas cities? g) PAYROLL: i) Is the frequency of payroll errors or adjustments reasonable? ii) Does there appear to be duplication of effort between the centralized payroll processing in Finance and payroll activities within the other City departments? iii) Are systems in place to identify "ghost employees"? h) GRANTS: i) Are the number and type of journal entries reasonable? ii) Is our "close-out" time and preparation of the Schedule of Federal and State Expenditures of Awards reasonable compared to other Texas cities? i) CASH MANAGEMENT: i) Is the level of effort devoted to investing City funds reasonable, and are there significant opportunities for automation or improvement? 14 3.4 City of Corpus Christi Financial Services - Background ii) Is the level of effort devoted to printing checks, doing wires, and doing ACH transactions reasonable, and are there significant opportunities for automation or improvement? iii) Are the number and type of cash interfaces and daily reconciliations reasonable? j) CENTRAL CASHIERING: i) How does the collection of payments in person, on-line, by telephone, through the lock -box (mail -in payments), and at substations compare to other Texas cities? 33 Deliverables The consultant will be required to deliver a final report that answers all the questions specified in Section 3.2 and requirements specified in Section 4 of this RFP. The final report shall be provided both in electronic and printed form, with 20 printed copies of the final report. The report must include recommended actions and include return on investment analysis needed to address deficiencies identified, and where benchmarks indicate improvements are needed. An action plan shall include suggested tasks and timeline. The consultant will be required to present to the City Council the final report, and comprehensively support the findings on a date to be selected by the City. All working papers to support the report shall be the property of the City's. Financial Services is made up of five main divisions: administration, accounting, treasury, collections, and procurement and has 95 full-time equivalent (FTE) positions budgeted. The Administration Division is responsible for the overall management and operations of the department. One assistant director is responsible for the Accounting, Treasury Divisions, and Collections Divisions, while the other is responsible for the Procurement Division. The Accounting Division is responsible for the daily operations of general accounting and grants, reconcilement of the City's bank accounts, paying of City invoices city-wide, and administration of payroll. Accounting is responsible for the Comprehensive Annual Financial Report (CAFR), supplemental disclosure, cost allocation plan, daily general ledger and grant activities, and account reconciliations. Grant accountants report to the Controller. The INFOR financial module was implemented last year. The Treasury Division includes cash management and central cashiering. Cash management handles the City's cash and investment portfolio. This division will be implementing a new cash receipting system on October 1, 2015. The Collections Division includes accounts receivable and the Utility Business Office and is responsible for the monthly billing and collecting of the City's miscellaneous receivable and utility accounts. This division will also be implementing a new billing system on October 1, 2015, which will interface with the INFOR financial module implemented one year earlier. The Procurement Division includes the purchasing function, operations of warehouse, messenger service and postage services. 15 ASSESSMENT OF THE EFFICIENCY AND EFFECTIVENESS OF THE FINANCIAL SERVICES DEPARTMENT - SCOPE OF WORK EXCERPT Specific questions for which consultant is expected to provide answers 1) ORGANIZATION AND SUPPORT OF FINANCIAL SERVICES: a) Is the overall organization of Financial Services logically structured and how does it compare to other Texas cities? b) Are supervisor -to -staff ratios and the span of control reasonable? c) Is the Utility Billing Office (UBO) properly structured within the organization and the right structure within UBO? Is there a case to be made for including the Utility Billing Office in the Finance Department (or as a separate department?) d) Would Financial Services be better served if "Functional or Technical Analysts" resided within the department rather than within MIS (IT)? e) Is the current level of technical IT support provided by the MIS Department adequate and if not, how should Finance be appropriately supported? f) Is there a better way to do this work? 2) STAFFING LEVELS: a) Does the Department use a systematic approach to determine staffing level needs for each of the major functional areas (UBO, Purchasing, Payroll, Treasury, Central Cashiering, Accounting), and if so, is the approach used reasonable? If not, describe approach and results. b) What is the minimum number of staff by position and division needed to do a good job in Financial Services? c) Are the staffing levels reasonable for each of the major functional areas? d) Is the pay and classification correct for staff and if not, what should it be? e) Are our people qualified? 3) FINANCIAL SERVICES POLICIES AND PROCEDURES, PROCESS FLOW AND CHARTING: a) Are the City's overall Financial Policies reasonable and sufficient? b) Does the Department have adequate systems in place to monitor compliance with financial policies? c) Does the Department have adequately documented procedures, process flow and charting for all major functional areas? If not, what is recommended to rapidly create procedures and flow charting? d) Are there adequate procedures to address all major policies? e) Is the City's annually adopted debt, budgetary financial policy, and investment policy reasonable and does it adequately address risk? 4) FINANCIAL PERFORMANCE REPORTING: a) Does Financial Services periodically provide City management adequate analyses of financial trends and emerging issues? If so, are the reports of a quality comparable to other Texas cities (e.g. San Antonio, Fort Worth, Arlington, Austin, Dallas, El Paso, and Houston)? If not, define the types of reports that should be provided. b) How does the financial performance of the City of Corpus Christi compare relative to other Texas cities? c) Has the City established criteria for what constitutes good financial performance? 5) CAFR PREPARATION: a) Has the level of effort devoted annually to prepare the CAFR been reasonable, and is it comparable to other municipalities? b) How does the preparation of the CAFR compare to other Texas cities? Does the external auditor prepare the book or is it done internally by staff? i) If done by staff, how long does it take to complete the CAFR (from start to finish)? Is CAFR software used? ii) If done by the external auditor, how much is the fee to do so? c) Has the level of effort increased significantly with INFOR and, if so, what are the contributing causes? d) Would it be cost justified to acquire CAFR software? 6) DIVISIONS: For each of the divisions, provide answers to the following questions: a) Are there reasonable controls, checks and balances, and review procedures? b) How does performance compare relative to other major Texas cities? c) Is the level of effort devoted to routinely process the following reasonable, and are there opportunities to refine or further automate the following: an invoice, bill, accounting transactions, fixed assets, payroll, monthly/quarterly grant reporting, daily cash management transactions, or central cashiering payments. d) Do our work processes and procedures align with our technology? If not, how can it be fixed? e) Can we outsource parts of the Finance Department? Which parts and would it be cost effective to do so? a) UTILIY BILLING OFFICE (UBO): i) Do UBO customer service representatives have easy access to accurate customer account records sufficient to provide quality and timely service? ii) Are utility receivables adequately managed? This would include determining whether collection and receivable criteria are established and routinely monitored. iii) Are monthly reports of water revenues by rate class of sufficient quality and detail to support cost of service analysis? iv) Is the current level of functionality provided in the new UBO system reasonable? v) Are the current reports going to be provided as part of the new system? vi) Is there adequate inter- and intra -departmental input and training provided as part of the new system? vii) Do any major deficiencies or issues exist as part of the new system rollout which we are not aware? b) PURCHASING: i) Are there significant opportunities to increase the efficiency of the procurement process? If so, how? ii) Are purchasing procedures adequately documented and communicated to City departments? iii) Is the City taking reasonable advantage of opportunities to purchase commonly used goods and services off of supply agreements or IDIQ's? iv) Is the training provided to departments adequate to support departmental compliance with new procedures given that the City moved from a decentralized to centralized purchasing process? c) WAREHOUSE: i) Is the Purchasing Division's Warehouse structured appropriately and is the location appropriate? How does it compare to other Texas cities? ii) Are there significant opportunities to increase the efficiency of the City's warehouse? iii) Is the City taking reasonable advantage of opportunities to purchase commonly used goods and services off of supply agreements or IDIQ's? iv) Are procedures for utilizing the City's warehouse adequately documented and communicated to City departments? v) Is the training provided to departments adequate for utilization of the City's warehouse? vi) Are we being efficient? If not, are there better ways to do this work? d) ACCOUNTS PAYABLE: i) Is the time and effort to routinely process accounts payable reasonable? ii) Is additional departmental training needed? e) ACCOUNTS RECEIVABLE / COLLECTIONS: i) Is the time and effort to routinely process monthly billing reasonable? ii) Is additional departmental training needed? iii) Are the City's collection rates for utilities and miscellaneous receivables comparable to other Texas cities? iv) Are all accounts receivables centralized in other Texas cities or are they decentralized like in Corpus Christi? f) ACCOUNTING: i) Is the number and type of journal entries reasonable? ii) Is the monthly/quarterly "close-out" time reasonable so that departments may obtain adequate financial statements? iii) Is our "close-out" time reasonable compared to other Texas cities? g) PAYROLL: i) Is the frequency of payroll errors or adjustments reasonable? ii) Does there appear to be duplication of effort between the centralized payroll processing in Finance and payroll activities within the other City departments? iii) Are systems in place to identify "ghost employees"? h) GRANTS: i) Are the number and type of journal entries reasonable? ii) Is our "close-out" time and preparation of the Schedule of Federal and State Expenditures of Awards reasonable compared to other Texas cities? i) CASH MANAGEMENT: i) Is the level of effort devoted to investing City funds reasonable, and are there significant opportunities for automation or improvement? ii) Is the level of effort devoted to printing checks, doing wires, and doing ACH transactions reasonable, and are there significant opportunities for automation or improvement? iii) Are the number and type of cash interfaces and daily reconciliations reasonable? j) CENTRAL CASHIERING: i) How does the collection of payments in person, on-line, by telephone, through the lock -box (mail -in payments), and at substations compare to other Texas cities? Service Agreement for the Assessment of the Efficiency and Effectiveness of the Financial Services Department - Request for Proposal Event No. 62 EXHIBIT C MODIFIED SCOPE AND COST Both parties agree to the following modifications to the Scope of Work specified in Section 3 of the Scope of Work: • Modify question lc in the section addressing "Organization and Support of Financial Services" which asks "Is the Utility Billing Office (UBO) properly structured within the organization and the right structure within UBO? Is there a case to be made for including the Utility Billing Office in the Finance Department (or as a separate department)." Strike the last sentence asking "Is there a case to be made for including the Utility Billing Office in the Finance Department (or as a separate department). • Modify questions 2d and 2e in the section addressing "Staffing Levels" to be limited to assessing pay, classification and qualifications for only those key positions as designed by the City, not to exceed eight individual positions. Except for the two modifications above, Weaver and Tidwell, L.L.P. (aka Weaver) is expected to provide answers to all questions specified in the Scope of Work portion of the Request for Proposal. Both parties agree to the following modifications to the Project Approach specified by Weaver in their August 17, 2015 "Proposal for Assessment of the Efficiency and Effectiveness of the Financial Services Department": • Weaver is not expected to perform the "Knowledge Skills Assessment (KSA) as specified in their approach to assessing staffing levels; • Weaver is not expected to review all Departmental job descriptions and compare them against individual employee qualifications; • With regard to policies and procedures, Weaver will review City policies for reasonableness and completeness; Exhibit C Page 2 of 3 • With regard to developing recommendations to improve the internal control structure of the divisions in Financial Services, or to answer the specific questions for each division as outlined in Question 6 of the "Scope of Work", Weaver will provide, at a minimum, high-level recommendations to improve the internal control structure. However, in- depth root -cause and cost -benefit analysis will be condensed as budget allows. If additional work is needed beyond the estimated hours to more fully evaluate control gaps identified, or to perform root cause or cost -benefit analysis, the additional hours required for this work must be requested and explicitly approved by the City. Both parties agree that the "Updated Cost Proposal" included in this Exhibit C replaces the initial cost proposal provided by Weaver in their proposal submitted August 17, 2017. Exhibit C Page 3 of 3 Updated Cost Proposal The updated cost proposal below reflects the scope revisions proposed by the City. The scope, as revised, limits the Staffing Level evaluation to key positions, as defined by the City, eliminates the analysis of the placement of the Utility Billing Office in the evaluation of the Organization and Support of FIN Services, and only allows for a review of City policies for reasonableness and completeness. Additionally, the analysis of the Divisions will be limited to the identification of controls and control gaps. We will provide, at a minimum, high-level recommendations to improve the internal control structure of the Divisions. However, an in-depth root -cause and cod -benefit analysis will be condensed, as budget allows. Further evaluation of control gaps or performance of root -cause and cost -benefit analysis will require additional hours, of which must be requested and approved by the City. Estimated fees for our services are provided below: Organisation and Support of FIN Services ESTIMATED ESTIMATED HOURS PRICE IDD $15,000 Staffing Levels 1'00 $15,000 FIN Policies, Procedures, Process Flow and Charting 60 $9,1300 FIN Performance Reporting 80 $12,000 CAFR Preparation 110 $16,500 Divisions Utility Bitting Office 100 $15,000 Purchasing 100 $15,000 Warehouse 1 DO $15,000 Accounts Payable I DO $15,000 Accounts Receivable 80 $12,000 Accounting 80 $12,000 Payroll 160 $15,000 Grants 1 DO $15,000 Cash Management 80 $12,000 Central Cashiering 100 $15,000 Subtotal 1,390 $208,500 Travel (not to exceed) $20,000 Total 1,390 $228,500 AGENDA MEMORANDUM City Council Meeting of October 27, 2015 DATE: October 16, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Presentation and Discussion on Plan CC Comprehensive Plan 2035 STAFF PRESENTER(S): Name 1. Mark Van Vleck, P.E. 2. Annika G. Yankee 3. Dan Grimsbo, P.E. 4. Dan McGinn, A.I.C.P. PURPOSE: Title/Position Executive Director Sr. Project Planner Director Assistant Director Department Utilities Development Services Development Services Environmental & Strategic Initiatives The purpose of this item is to conduct discussions and receive motions of direction from City Council on changes needed to the proposed comprehensive plan. BACKGROUND: In February 2014, the City began work on a new comprehensive plan, titled "Plan CC Comprehensive Plan 2035," seeing that the current comprehensive plan policies were dated (from 1987). Staff and consultant, Goody Clancy, conducted extensive research on existing conditions, challenges, and opportunities and collected input from various City departments, outside organizations, stakeholders, and the public before bringing forward the draft of Plan CC for City Council for review. The City Council conducted a public hearing on Plan CC on October 13, 2015. The first draft of Plan CC was made available for public review and input in May 2015. After receiving public input during a 40 -day public comment period, City staff revised the first draft by reducing it to the broader goals and policies. Background information, strategies, and actions to implement Plan CC's goals were eliminated in the second draft. The purpose of reducing Plan CC to its goals and policies was to make sure the City agreed on its goals for 2035 before staff continued vetting and creating the implementation plan, which contains the strategies and actions found in the first draft of Plan CC. The second draft of Plan CC was made available for public review and input in July 2015. An additional two-week public comment period was afforded to the public on the second draft of Plan CC, and the Planning Commission reviewed and made recommendations on the second draft. LIST OF SUPPORTING DOCUMENTS: 1. Planning Commission's Final Report/Recommendations 2. Public Comments Submitted During the City Council Public Hearing Process 3. City Councilmembers Comments submitted by October 19th 4. Draft Ordinance with Plan Attached 5. October 13th PowerPoint Presentation 6. Written public comments submitted on the 1st draft of Plan CC 7. Written public comments submitted on the 2nd draft of Plan CC 8. August 12th Planning Commission Public Hearing Comments 9. Letters submitted by the public 10.Additional Letters Submitted During the City Council Public Hearing Process COMMENTS ON THE SECOND DRAFT OF PLAN CC DATED JULY 2015 Public Hearing Comments from the August 12, 2015 Planning Commission Meeting Comment Consultant Response Staff Response 1 • Everything in the Plan seems very generic —just pie in the sky. No actual action is called for: no call to "rezone these areas or to build these things." The plan is missing a call to action. • I want to see a safe network of bike trails so I can get to different parts of the city. Trails along drainage ditches would be good idea. • Oso Parkway Plan was created but nothing has been done to build a trail in 20 years. Recommendation: No change. The Background Report has many strategies and actions and an implementation matrix, which serve as the starting point for implementation. Likewise, the Background Report includes strategies and actions for a bicycle network and for implementation of the Oso Parkway Plan. Recommendation: Same as consultant Element 9, Goals 2 and 3 in particular address a commonly expressed concern of citizens about the implementation of Plan CC. 2 Member of Citizens Alliance for Fairness & Progress: I take exception to transition of the area north of IH- 37 being called out in the future land use map to transition from residential uses to industrial uses. That neighborhood is still livable. Recommendation: No change. The transition is already taking place piecemeal. The transition area designation indicates a need to address how the neighborhood could transition over the long term. A specific plan for this transition with community participation would be needed. A transition plan should accommodate potential life estates for older people who want to live out their lives in the neighborhood. A planned transition for the whole neighborhood is more likely to provide a better outcome than the continuation of incremental incursion by non-residential uses and declining values. Recommendation: Same as consultant 3 I am a member of Citizens Alliance for Fairness & Progress In 1944, the Planning Commission addressed the "Negro" problem of overcrowding in Washington Coles. They were concerned that overcrowding in Washington-Coles would lead to blacks moving to white parts of the city. The City asked whites to leave Hillcrest so blacks could be "contained." The neighborhood has more than 1,200 people, 450 single family houses with 70 years of history 1992 — City adopts Preservation Plan, called for protecting Hillcrest as historical district. Since the late 1980s, there have been five attempted plans for Hillcrest. Each plan called for the revitalization of the neighborhood, but the city didn't want to do that. • City has allowed encroachment of industry into the neighborhood. Recommendation: No change. See comment above on Item 2. Recommendation: Same as consultant 1 2 • Affects neighborhood churches • Citizens Alliance opposes any plan calling for Hillcrest to be a transitional area; residents will not lay down this issue 4 • Online comments didn't go through. • Goal 7 — Magee Beach is underutilized. o Unique to Corpus Christi; other cities would love to have o Magee Beach should be exploited; made safe o 12" steps are dangerous; overlay shorter steps with handrails are needed o Encourage more people to use it o Facilities needed for restrooms, changing clothes; clothes lockers o Volleyball courts, Frisbee golf, trash cans, beach cleaning are all needed — utilize unemployed • Bicycle Traffic o The city needs a safe network across town o Coordinated bike facilities • Goal of economic diversity to retain creative class. o Very important to city's progress o Since weather is generally pleasant, this should be a "festival city" Recommendation: No change. The Background Report, the Parks and Recreation Master Plan, the Mobility CC Plan, and the upcoming bicycle and pedestrian plan being created by the MPO all address these issues. Recommendation: Same as consultant 5 • The city has become unmanageable ("sprawl") — going from one side of SPID to the other takes 20 minutes. • Traffic problems created by people living on outskirts of city traveling to workplaces located in central part of city. • Plan CC seems to aim at restraining sprawl and rebuild older areas • Lamar Park Shopping Center is walkable; can get there from your neighborhood. There is no fence forcing you to walk all the way to the corner [no barrier to walking there]. • Problems created by building in flood plains — south of Oso Creek's recent spring flooding an example Recommendation: No change. Recommendation: Same as consultant 2 6 My family owns property in Washington -Coles • Another dimension of work needing to be done: o Only two sentences about Washington- Coles/Hillcrest in Plan CC o Plan CC calls it a transition neighborhood o Make a diagram of race/income — we should not make decisions when information is missing. • Code Enforcement at Hillcrest houses — o Police should not have taken over Code Enforcement; 10 police officers entered a woman's home over an issue with windows. Waste of resources in addition to frightening citizen. o Who is behind the transition? • Harbor Bridge replacement is being done to increase height; to accommodate traffic from the Panama Canal. o Blue route would have not interfered with property. o The new bridge will destroy current places. o Benzene will be a threat if the red route is selected for the new bridge. EPA has report on effects. • There must be some persons or company who profits by getting rid of Hillcrest. • A black Spanish slave was the first non-native to explore Corpus Christi. • Look into Pioneer company in Houston for a plan to use in the North side of Corpus Christi; includes apartments/townhomes Recommendation: No change. Washington -Coles is not included in the proposed transition district land use designation in the future land use plan because it will be reconnected to downtown when the bridge is built. It is included in the Downtown Area Development Plan as an area for revitalization and mixed -income housing. It could be developed to welcome residents from Hillcrest who want to stay in the general neighborhood but who now would be much better connected to the rest of the city should the Harbor Bridge be relocated as is currently proposed. Recommendation: Same as consultant 7 I am a third generation Corpus Christian. • My grandfather's business was wiped out in the 1919 hurricane. My father was a teacher at Solomon Coles; later had medical practice for 35 years on Sam Rankin Street. • "Body of Christ" —The name of our city gives us a definition of who we are and how we should treat each other with civility, and the needs of people — no matter what part of town. • We need a vision for Corpus Christi that comes together to be sensitive to the needs of residents. • San Antonio has the Alamo; Houston as, "what?"; Recommendation: No change. See comments to Item 2. Recommendation: Same as consultant 3 4 Austin has the Capitol; we are Corpus Christians 8 I am a commercial real estate broker. • I am in favor of planning, but I want a plan that works for a majority. Plan CC has great potential. • Parts of the plan need work: • I suggest the consultant, staff, realtors, architects, builders and engineers review chapters 11 & 12 together [reference to 1sT draft's chapters]. • If changes aren't made, that group will not be behind Plan CC. Recommendation: No change. Comments are on the first draft of the plan, which is not the document being proposed for adoption. There is no Chapter 12 in the first draft of the plan. The commenter was likely referring to Chapters 10 (Future Land Use, Zoning, and Urban Design) and 11 (Stewardship and Implementation of the Plan). Recommendation: Same as consultant 9 I am a builder/developer/consultant and a 3rd generation Corpus Christian. • Next 9 years we'll double our population in the MSA (TX A&M). People are coming because of international economics not just quality of life. Predicts addition of 1.2 million people in the MSA. • Referring to Future Land Use Map: 1 house for 20 acres is a problem. People will go outside the ETJ. • How do we pay for everything if we keep expanding? • Has a plan for developing North Beach — preferable to sprawl • Walking concept is good, but what can we afford? How much will people utilize walking/biking in hot climate? • We can't dictate where people are going to live and at what density; developers build to meet demand. • Sit down with developers and realtors for input. Recommendation: No change. Comments refer to misinterpreted aspects of the first draft of the plan, which is not the document being proposed for adoption. Recommendation: Same as consultant 10 Member of the Association of Realtor Government Affairs Committee. Reiterates what other brokers/realtors have said and adds that the problems with Plan CC are: • Regarding the adoption of rental housing registration -- Council has already examined this idea and discarded it. • Implementation of Plan CC relies on having a Planning Department, the re-establishment of which may or may not happen. Recommendation: No change. Comments refer to the first draft of the plan, which is not the document being proposed for adoption. Recommendation: Same as consultant 4 5 • Redevelopment Agency — This is eminent domain. An entity that can take property is scary; especially if they are not elected officials. 11 Member of Plan CC Citizens' Advisory Committee • More growth is coming • We don't have sprawl; we have growth because there's only one direction you can grow. o North there are pipelines o West is the Oso Creek o East is the bay • Need annexation of more land and revitalization at the same time. • The 2nd draft of Plan CC is much improved, but there are some changes that need to be made. Recommendation: No change. Recommendation: Same as consultant 12 Member of the Assoc. of Realtors • Plan CC doesn't contain an annexation element • Needs Industrial Agreement • Needs Capital Improvement Program • Some things need to be talked through further Recommendation: No change. Background report contains discussion of annexation and industrial agreements. The City has a Capital Improvement Program that refers to the comprehensive plan for projects and can be adopted by reference when it is prepared. Recommendation: Same as consultant 13 On the Board of Realtors • The city is growing. Example: I used to dove hunt of Slough Road; now it's full of development • Downtown is not doing well. • People want to spread out and want white picket fences • 1 dwelling unit per 20 acres infringes on individual property rights Recommendation: No change. Comments based on first draft of the plan, which is not the document being proposed for adoption. Recommendation: Same as consultant 14 Member of the Westside Business Association • Supports Plan CC— it's an equity growth plan, provides choices for all areas • We have an affordable housing crisis • There is potential in historic sites, such as the Galvan Ballroom • I want to see downtown developed; I want to live there and be able to walk to the beach. • The city needs a plan in order to get grants; City charter calls for a plan • It's time to start working on revitalization Recommendation: No change. Recommendation: Same as consultant 5 15 • No complaints about Plan CC; especially likes Elements 5 & 6 • But is concerned with implementation — how do we get there? • Tie Element 9 into everything else; make it more detailed • Include more detailed action items. Recommendation: No change. The Background Report has many strategies and actions and an implementation matrix, which serve as the starting point for implementation. Recommendation: Same as consultant 16 • Does affordable housing include manufactured housing? • Make use of empty lots on North/West side. I'm frequently asked about moving manufactured homes there and always have to tell people it's not allowed. • Manufactured housing can be beautiful. • Currently not allowed to move a second Manufactured House onto a lot that's been vacant for one year after another Manufactured House has moved — that is discriminatory. Recommendation: No change. The City can take a look at manufactured housing during implementation. Addressing the issue in the code is not really a comprehensive planning item Recommendation: Same as consultant 17 • General support for Plan CC • Affordable housing for people of extremely low income need to be better addressed (elderly for example) • Plan should consider inclusionary zoning — vacant lots, empty buildings, in -fill • Deeply subsidized rental housing is needed; enough to meet need — look at each Council district's needs. HUD definition of no more than 30% of income = affordable housing • City's consolidated plan • Ask that it be included in Plan CC • Statewide trend — people moved from being institutionalized into homes; Corpus Christi not able to do that due to lack of housing Recommendation: No change. The Background Report has many strategies and actions and an implementation matrix, which serve as the starting point for implementation. Recommendation: Same as consultant 18 • Supports Plan CC as a resident • It's a good start. • It addresses the need to improve infrastructure and in -fill. • Of course, people want to move to south side where the infrastructure and schools are good. But, abandoning infrastructure in older neighborhoods pushes people to the south side (example: Houston Heights) Recommendation: No change. Recommendation: Same as consultant 6 7 • For the first time, we are addressing the need of sharing wealth and revitalizing the city 7 First and foremost, thanks and acknowledgement must first be given to the City of Corpus Christi, City Council, City Staff, Goody Clancy, Kailo Communications Studios, and all the community partners and citizens that gave input and insight to bring Plan CC 2035 to this point. Too often, we as a community play armchair quarterback and forget that there are real, actual humans beings who blessed our City with their intellectual property to deliver a plan-- and we cannot begin a conversation without first saying thank you for giving us your brain, your subject matter expertise and your time. To everyone that participated, I thank you. Over the many months of public comment, discussion with neighbors, associates and outright strangers in the community, it's been interesting to have the opportunity to talk about Plan CC. From the beginning up to this point, this has been an overriding theme of my conversations: "Oh, here goes the city dumping money in a plan again. People will fight. And the powers that be will make sure that nothing changes in the plan. Nothing will ever change in Corpus." Maybe nothing changes in Corpus. My official rebuttal is this: I live in Corpus Christi. I live in a city where transformation is possible. I live in a city that can plan for its future growth patterns and economic development and address its existing challenges through innovation and smart strategic planning without squelching new ideas and new development. I believe this City can do so based on sound, fiscally responsible policies. Plan CC is - at its core - symbiotic in nature. Each Element in the plan is tied and supported with another Element. The success of one Element is correlated and integrated with the success of another Element. In this citizen's estimation, this is nothing short of brilliant. Having circled this Earth 41 full times, I know that nothing motivates cooperation more than self-interest. So, for no other reason than that there's something in each Element for everyone to benefit and profit on, I simply say YES! For example, the entirety of Element 2 (Second Draft) focuses on Parks and Recreation and green spaces. But within that Element, there exists a subtle acknowledgement of the challenges that the City faces when dealing with the rapid pace of deep Southside development - and the goals and strategies of Element 2 is supported through components of Elements 3, 7,and 8 (Second Draft). Let's just take ONE component of what Element 2 addresses: the protection of our natural resources and green spaces. As many are aware, it is a fiscal challenge for the City to meet the sewage system needs of these new (and sometimes older) neighborhoods. The demands of this housing market dictates a solution, but that solution (septic systems rather than infrastructure to address these neighborhoods' waste needs) can potentially damage the delicate balance that must exist between urban spaces and the protected natural resources adjacent to them. Parks and green spaces like Oso Bay, Oso Creek and the Laguna Madre not only strength and support the quality of life in Corpus Christi (a core mission of Plan CC), but supports the City's second biggest industry - Tourism - which is a component of Element 5 (Second Draft). These ecosystems and natural resources are a tremendous asset and unique economic driver in Corpus Christi as it relates to the big business of Nature Tourism. Therefore, by simply having goals and strategies supported by actions to protect our natural resources in Element 2, Plan CC simultaneously addresses strategies in Elements 3, 5, 7 and 8 (Second Draft). Letters Submitted Page 1 As another example of this symbiosis, Plan CC addresses diversifying the economy and strengthening our workforce in Element 5 (Second Draft). The implementation of Element 5 would be critical for the success of Elements 4, 6, 7 and more. Once again, let's take ONE strategic component of Element 5 - a diversified economy of well -paying jobs that promotes the expansion and emergence of new industries. Through the strategic implementation of Element 5, Corpus Christi can not only maintain and support existing industry, but will also attract new businesses that bring in a workforce of professionals (sometimes referred to as the creative class) that want to experience the City through its diverse and varied lifestyle options. Successful implementation of Plan CC and Element 5 creates the opportunity for the City to compete against Austin or San Antonio in a promising way. Demographically, these types of professionals cannot be put in a box, as some public commenters suggest when they say "These people will only want to live on the Southside." In fact, some of these professionals - like my neighbors and friends who live in the more centralized areas of town - will ALSO seek housing and a lifestyle addressed and outlined in the in -fill portions of Plan CC strategies. Regardless of where the they want to live, the types of professionals Element 5 will bring to our community will help create a market of ALL neighborhoods in our community. Additionally, they will help grow our city in a way that will have less negative effect on Corpus Christi's current budgetary constraints. In a city where over 1,000 miles of streets need to be repaired (and over half of those miles do not have a plan for repair), where storm and drainage systems are failing in some neighborhoods and not functioning to their fullest capacity in others, its notable that Plan CC encourages in -fill development so that the tax base is not burdened with the creation of new infrastructure without a plan to support its existing infrastructure. Similarly, from a public safety issue, in -fill development helps CCPD and CCFD control the pace of expansion where their services are unfairly stretched to meet. Clearly, I believe in this plan. I think it's smart. I think it's progressive. It gives me hope for this city that I love. My main concern is the stripped down nature of the second draft of Plan CC as compared to the first draft that was submitted in May 2015. The first draft has action items tied to the goals, strategies and policies - as a comprehensive strategic plan should. The second draft of Plan CC without the goals is less a plan and more a guide. And - as referenced in the beginning of my comments - the City of Corpus Christi has had many guides to follow with middling results. I understand that there is reasoning behind taking out the goals. But I feel compelled to use my voice as a Planning Commissioner to urge City Staff to package the goals and the policies with the associated actions. Based on this, my comments would be to find some of the actions from the first draft that are attainable in the short term and include them in an addendum to the Implementation Strategy in Element 9 (Second Draft). For example, in relation to Element 5, Goal 1, the City of Corpus Christi and the Regional Economic Development Corporation can partner with existing leaders in our community like the fantastic Chambers of Commerce, Texas A&M University -Corpus Christi and Young Business Professionals to begin the process marketing Corpus Christi to start-ups and emerging technology industries. Once some traction is gained in these efforts, perhaps the REDO can justify hiring staff members to support this effort. This is just one simple way to include actions in this strategic plan. There are many. I hope that City Staff and the teams that have worked so hard thus far can keep the strategy in this comprehensive strategic plan. Letters Submitted Page 2 My parting thought focuses on the displacement of the Hillcrest neighborhood as it is identified as a transitional neighborhood. If nothing can truly be accomplished to strategical enhance this neighborhood, it is the responsibility of our City to ensure that PIanCC includes a way that the residents from this historic and treasured area be treated with dignity. This neighborhood is more than a group of houses in an area of town. It has a deep and abiding historical significance to our community and to the generations of families and business owners that built it. Letters Submitted Page 3 Andy Taubman xandytaubmanx@gmail.com June 15, 2015 Members of the City Council and PIanCC2035 Working Group, I am a big fan of planning. Planning allows everyone in the market to have good information so that tasks can be completed efficiently, costs can be lowered, insurmountable roadblocks can be avoided, everyone can work toward the same goals, and so that open discussion can result in an optimal strategy for all involved. I have just finished reading the Eleven Elements of PIanCC2035 and wanted to provide my feedback within the context of written public comment. I expected detailed engineering and budgets related to the following: 1. Road easements and transportation rights of way. Over time, two lane roads will need to expand into four lane roads. High capacity roads will necessarily ring the city will require high capacity interconnection. For example, is there specific planning related to the Southside Mobility Corridor? 2. Drainage easements. As raw land is developed, drainage pattern often change both with respect to path and volume of runoff. Is there a written master plan and maps for drainage especially in areas in or proximate to the 100 year flood plain? 3. Utility easements and facility capacity expansion. Waste flows downhill, as they say. Has the City evaluated the relative elevations of the areas for new development such that lifting stations, new plants, or plant consolidations account for probable growth with detailed maps, plans, and budget? This is important from a site acquisition perspective and for strategic decisions (such as plant consolidation), as well as a budgetary impact. Is there a coordinated plan with AEP for large-scale service to new green -field areas? However, these key elements seem to be missing from PIanCC2035. A development master plan for new areas would have maps, elevations, and proposed routes with budgetary estimates for these infrastructure costs. The plan for existing areas would focus on details of infrastructure expansion or replacement with related costs. PIanCC2035 does not. In a twenty year plan, there is one any only one strategic imperative — to secure the necessary land, easement, property rights, and budgeted funding to allow growth to occur in an orderly manner. Failure to secure these property rights today will cause traffic, urban sprawl, delayed development, and increased cost of all development. It will never, ever be cheaper than today, when much of the land is raw. In fact, failure to properly plan and piecemeal development will permanently impair orderly development if natural traffic or water pathways have even a few houses blocking the least -cost corridors. Letters Submitted Page 4 If such a master plan existed, it would be actionable (e.g. demonstrate what property must be acquired) and would provide a budgetary framework to provide a financial growth plan. The financial growth plan would provide the discussion inputs to allow policy choices to be debated in a public forum to be decided by elected leaders or popular vote. PIanCC2035 does not provide this information. Thus, PIanCC2035 is neither actionable nor elucidating. It is merely a political document framed within boiler plate, artificial assumptions imposed by urban -planning, social engineers whose primary tool is centralized government command and control. The conclusion was pre -ordained by the constraints which force prioritization of downtown over larger -scale tract development in outlying areas but still within the City. The study completely repudiates the clear and rational trend of the last twenty years of growth to the South and West and ignores the (unfortunate but real) social and economic factors which continue to weaken the near -downtown neighborhoods. I reject the notion that residents prefer high density environments and would walk/bike in 100% humidity / 100 degree temps. Given this reality, there is a high likelihood of mal -investment in things like redundant bike lanes for example. For the plans vision to occur, it would require a change in current preferences and behavior of residents. I also reject the notion that developers prefer green -field development due to differences in land costs. The primary obstacles to infill development are the high cost of unnecessary regulation, the absolute low value of surrounding neighborhood houses in poorer areas. Of course, these proposed wonders of social engineering can be achieved, but only through government subsidy to both residents and developers to incentivize behavior that is un -natural or non -economic. That's the between -the -lines summary of the PIanCC2035 action steps. If you think that new roads, sewers, and stormdrains are expensive, they are a bargain as compared with forcing changes in human behavior on a large enough scale to matter. Because the plan does not incorporate reality as demonstrated by recent experience, nor understanding of the motivation of the market participants, the result of implementing PIanCC2035 is probably failure in terms of actual cost, opportunity cost, and sprawl. The outcome will be the exodus of population and developers to outlying cities or the other side of the Bay. Growth in new housing stock and the economic growth attendant with a vibrant population will reverse. As infrequent and limited government funding becomes available, a few demonstration projects will be completed at great expense to the taxpayer in the form of subsidies, but not on the scale necessary to make one bit of difference to the housing market or character of the city. Every now and then there will also be a spectacular failure (e.g. La Raza), because ultimately governmental entities often get the short end of the stick in public/private partnerships. Twenty years from now the failure will be attributed to "bad luck" when in fact it was a bad plan. I believe that this report is a fig -leaf to hide behind politically to obfuscate the real issue. Here is perhaps the only question that matters: If and when will the City take the necessary tangible steps to support large scale development on the South-west side of Oso creek or beyond 286? Judging by the results manufactured by PIanCC2035, the answer is never. Letters Submitted Page 5 If "never" is indeed the answer, then just say so. Land values will fall dramatically, and growth will stagnate, but at least the certainty will allow everyone involved to make better choices. If "don't know" or "yes" is the answer, then let's get a plan in place to reserve easements, plan for utilities, and generate budgets. As this information is produced, then the timeline will naturally emerge. Hire a local engineering firm with knowledge of the history, geography, and politics. Most important put someone in charge who understands that plans have real deliverables. The question is on the table. I urge you to not adopt the proposed PIanCC2035. I urge you to minimize any additional wasted funds on this or any other strategy which depends on central planning and social engineering. I urge you to responsibly plan for large-scale, natural growth which has been demonstrated to be South and West. Doing nothing is preferable to doing damage. Let me be very clear on the issue of downtown and near downtown redevelopment. We have a moral obligation to provide low-cost, safe, clean housing. We have a strategic need to reverse urban blight, decay, and crime. Policies to achieve this goal are within the scope of good government. PIanCC2035 addresses the urban problem with grants, subsidies, large -parcel dislocation /redevelopment. It is likely to fail, experience substantial delay, or be too expensive to apply on a large scale. It also does not address the problem at the heart of the decaying neighborhoods which is the fact that hard-working people who care for their houses are brought down because the house next door to them is falling apart. The solution requires a fix at the granularity of lot -by -lot improvement in the heart of struggling areas. I am not a green -field developer, nor do I have property interest in undeveloped land. I do have substantial investment within older neighborhoods in the City. Further, I do have a solution to the infill problem to revitalize neighborhoods, but the details of my approach are beyond the scope of this letter. In summary, my plan is exceedingly simple -- if you want to have affordable housing, then you must build affordable houses. PIanCC2035 suffers from the conceit of having heavy-handed government at the center of all human interaction. As such, it will equally screw -up greenfield development as well as infill re -development. It is a recipe for graft and gridlock. It ignores market forces. Most important, it is out of step with Texas ethos. I am, Andy Taubman xandytaubmanx@gmail.com Letters Submitted Page 6 Y! LSC TEXAS RIOGRANDE LEGAL AID, INC. Austin Office 4920 North IH -35 Austin, Texas 78751 Telephone (512) 374-2700, Fax (512) 447-3940 June 15, 2015 These comments on the Draft Corpus Christi Plan 2035 ["the Plan"] are submitted by Texas RioGrande Legal Aid on behalf of the Citizens Alliance for Fairness and Progress. The Alliance is an organization of citizens created to prevent further injustices against the poor, minority, and disenfranchised individuals and families living in the Hillcrest and Washington - Coles neighborhoods.' These comments address three main critiques of the Plan: 1) the status of the proposed route of the Harbor Bridge, 2) the Special I-37 Transition District and lack of meaningful outreach to Hillcrest residents, and 3) learning from the past and creating buffers between residential and industrial uses generally. First, the Plan prematurely assumes that the new Harbor Bridge will be built along the Red Route. Individuals in Hillcrest and the Alliance filed a civil rights complaint related to the disparate adverse impacts of the proposed route on the Northside neighborhoods and the lack of mitigation for these neighborhoods in the final environmental impact statement, which the Federal Highway Administration's Office of Civil Rights is now investigating. This investigation has delayed the final decision on the route of the bridge and mitigation for the impacted neighborhoods.2 Resolution of these decisions is critical to any future plans for the City as a whole and in particular, the Northside neighborhoods, and thus the Plan must accurately reflect the current status of the bridge and mitigation for the neighborhoods, or should be delayed until a resolution is reached. Second, the Plan slates the Hillcrest neighborhood as a Special I-37 Transition District that will change from residential to light industrial or buffer use without meaningful consultation with the current residents and without any specific strategies or funding sources for how this 1 See https://savehillcrestfromharborbridge.wordpress.com/about/ for more information about the Alliance. 2 To view the complaint filed, see https://savehillcrestfromharborbridge.wordpress.com/neighborhood-position/; see also https://savehillcrestfromharborbridge.wordpress.com/2015/04/09/caller-times-feds-investigate-whether-harbor- bridge-proj ect-violates-neighborhoods-civil-rights/. Letters Submitted Page 7 transition would happen. Despite the unique and dramatic nature of this transition for a residential neighborhood with over 400 households, no one proactively reached out to Hillcrest residents for input on the future of their own neighborhood. Any consideration of a transition this drastic for a residential neighborhood, particularly one with such a unique history, must include meaningful outreach to the affected residents. Furthermore, there are no specific strategies or funding sources in the Plan to ensure any transition would occur in a manner that would respect the history of the neighborhood, offer real choices for its current residents, or provide "fair compensation and assistance to residents in moving. "3 For example, the goal related to the transition district in Element 11 — "Transitions from residential enclaves to nonresidential uses have occurred in industrial and aviation special districts"4 — is not a future -looking goal like the other goals in the Plan, but rather a vague, passive statement about the past. This statement also ignores that over 400 households currently live in Hillcrest. The "how" included for achieving the stated goal for the Transition Districts similarly raises more questions than answers: "work to support assistance to tenants in the Special Transition Districts who lose their housing."5 How are tenants losing their housing? Who will provide assistance, and what will it be? What about homeowners, particularly those whose families have lived in the Northside for generations? What about the churches in the neighborhood? Particularly given the unique history of segregation, nearby industrial zoning, and lack of investment over decades in the neighborhood, how can we interpret this forecast for Hillcrest as anything other than a vision that the neighborhood's death will come through continued neglect? Instead, the Plan must meaningfully include residents' input in the vision for the future of the neighborhood and include measurable objectives and implementation strategies to achieve the goals. Third, the City should learn from the history of the Northside neighborhoods and include a buffer zone between all residential and heavy industrial uses throughout Corpus Christi. Moreover, as current industries expand and new industry comes to Corpus, the City must act 3 Draft Plan CC 2035 Element 10.36. 4 Draft Plan CC 2035 Element 11.51. 5 Draft Plan CC 2035 Element 11.51. Letters Submitted Page 8 proactively to ensure they are not harming residential populations, particularly environmental justice neighborhoods that already bear the brunt of the health impacts. As members of the Alliance have stated at several Plan CC 2035 meetings, we urge the City and planners to meet with residents of the Northside and include residents as an integral part of the planning process for the future for the neighborhoods. Thank you. Sincerely, yeta— Erin Gaines Attorney at Law Texas RioGrande Legal Aid 4920 N. I-35 Austin, TX 78751 (512) 372-2739 egaines@trla.org Letters Submitted Page 9 Bay Area Smart Growth Initiative is a local community-based group of public, private and citizen interests dedicated to developing and planning for sustainable quality of life in the Corpus Christi area. Members promote the principles of smart growth in the development of public policy and participate in activities and strategies to influence their attainment. BASGI supports Plan CC 2035 as it is currently presented, with one exception. The areas within the Plan of most significance to BASGI are the following: 1. Limiting urban sprawl and future unsustainable expansion by implementing wise land use planning and responsible development; 2. Increasing preservation of ecologically important systems that protect our tourism, recreation, flood prone areas, natural habitats and water quality; 3. Requiring increased hazard mitigation and/or limiting growth in areas with poor drainage and that are flood prone; 4. Supporting revitalization of the older areas of the City, through infill and mixed use development, facilitating urban and neighborhood villages as a way to stabilize and rebuild; 5. Supporting infrastructure improvements downtown, along with legal means to encourage the turnover and/or clearing of substandard vacant buildings; 6. Improvements to the City's failing infrastructure that include incentives to increase density by investing in current infrastructure, and dis-incentives that discourage sprawl; 7. The Plan identifies in its Market study the need for a diversified approach to meeting housing needs based on housing preference and family size, not just homeowners and/or buyers of $200,000+ new homes in southside markets; 8. Fair buyout of Hillcrest residences to be based on light industrial and commercial property worth, with assistance in moving and resettlement costs; 9. Encouraging multiple mobility (transportation) options by planning and designing better connecting streets, sidewalks and pathways for pedestrian, bicycle and public transit, decreasing dependence on individual cars; and 10. Inclusion of the Chapman Ranch annexation in the Plan is not supported, and the annexation should be reversed. Letters Submitted Page 10 Supporting comments on #1 — 10: 1. Limiting sprawl: • Protecting our military installations through annexation of land in the ETJ next to Cabaniss Field, careful zoning of property around Waldron Field to prevent residential encroachment and the proposed buyout of land between NSCC- CCAD and SPID. 3. Hazard mitigation: • Disincentives to develop areas that will certainly be damaged or destroyed in future storm events. This would remove large parts of land shown on North Padre and Mustang Islands as vacant and available for development. Inclusion of much of the identified vacant land as being developable is actually under the jurisdiction of the Coastal Barrier Island Resource Act. Development in those areas is not eligible for federal flood insurance and no state or federal assistance can be used for infrastructure costs. 4. Revitalization/Infill: • City needs to work with financial institutions and insurance companies to create a structure for mixed use financing, liability and casualty coverage • City must set a clear regulatory path and assistance with infrastructure costs • Development of green space and mixed use buffer zones on the west side between residential and industrial/commercial uses. The Agnes -Laredo Corridor has good potential for development of workforce and affordable housing in the blocks behind its commercial frontage. • When the City invests in older areas, it demonstrates to private investors it is a willing partner and committed to revitalization. • New streets can increase infill and revitalization activity with a corresponding increase in tax and utility revenue over infrastructure that will have to be replaced no matter what. • Incentivize affordable and workforce housing in older neighborhoods, as part of mixed use development. 6. Infrastructure: • Improve residential streets and the underlying infrastructure. One of the ways to improve the revenue and value of older neighborhoods is simply fix the Letters Submitted Page 11 residential streets. Home values are 15%-17% higher on well-maintained streets with adequate, curb, gutter and sidewalks. 7. Housing: • Sale of City parks identified as surplus with agreements that adjust cost or infrastructure in return for building the desired types of housing that will stabilize and improve neighborhoods and introduce alternative housing styles such as townhouses, cottage districts, mixed -income rental units. • Local home builders are currently enjoying a very hot market with an over- supply of buyers in the $220,000 plus market, thus very few new homes are being built for the under $200,000 market. The experienced southside home builders are traditional suburb developers, ill-equipped to compete in a more urban building environment, which employs a variety of housing plans, sizes and buyer incomes. Continuing past practices is likely to end with a bust in the high end market while increasing the crisis situation in the lack of affordable and workforce housing. • A potential path to create affordable housing would be to encourage workforce housing development for the thousands of construction workers that will be here in the next 5-7 years in the neighborhoods surrounding the new harbor bridge access. The bridge itself and the new industries on the north shore would make their proximity highly desirable. These properties should be constructed so that they can be converted to affordable and permanent workforce housing. It would also prevent low income renters from being displaced in the interim. As the conversion occurs it would free up more substandard properties for revitalization. • Implement the new buildings standards code. Condemn and demo abandoned and substandard housing, and if recovered through failure to pay the fees, place the property in a land bank for sale to developers with commitments to support the development with required infrastructure development. The City can recover its costs as new development spurs other new developments that pay hookup fees. • The City should support establishing a land trust program which provides affordable housing to lower income families to own the structure, but not the land upon which it sits. • Encourage building housing that fits the market, instead of targeting for the highest return on investment; establish incentives for non-profit builders. 8. Hillcrest: Letters Submitted Page 12 • The new Harbor Bridge has the potential to have a huge influence on improving this area if planned correctly. Rental housing owned by unconcerned and/or absentee landlords threatens these neighborhoods, which can easily descend into blighted and substandard condition • An equitable buy-out of home -owner occupied homes by the Port of Corpus Christi should be overseen by the City, and as individuals transition to other chosen locations. 9. Mobility/transportation: • Parks, infrastructure ROWs (i.e. storm water drainage and retention canals), and hike and bike trails should be connected in one system • Acquisition of abandoned railroad right-of-ways for conversion to hike and bike trails. The railway ROW along port extends from Agnes to Whataburger field and the Sea District, going through and past numerous light industrial and commercial districts. The Shoreline bike path returns along the waterfront and commercial downtown district to the railroad ROW extending from Laredo to Kinney and back down to Shoreline. The two railroad ROWs meet at Agnes which is also the identified area for a future Regional Transportation Agency (RTA) transfer station. This would produce off-road pedestrian pleasure and safe bike commutes combined with public transit for people with lower incomes from those neighborhoods to their jobs. Connecting areas that will be further divided by the new harbor bridge will serve multiple purposes. • The RTA should restore and expand the harbor ferry service, explore buying commercial water taxis, to provide service to the north shore industries, Port Aransas, the Naval Air Station, North Padre Island and TAMU-CC. Increasing uptown and downtown trolley service and providing circulator routes in the uptown's adjoining neighborhoods should be addressed. • Limited additional parking is proposed in the downtown area which may not accommodate increased vehicular traffic, however, the Plan proposes an increase in public transportation, bicycle and pedestrian modes of travel, thus decreasing the number of cars going into the downtown areas. RTA has park'n'ride capability which can be expanded. 10. Chapman Ranch: • Landowners in the Chapman Ranch area are not in support of the annexation, and general public comments and market forecasts revealed in the Plan process were not considered when Council approved annexation. Letters Submitted Page 13 • Chapman Ranch annexation should be reversed because of the changes in the Wind Farm plan. APEX (owner) voluntarily withdrew all but 6-8 wind turbines from the extreme southeast corner of the newly City -annexed territory. A second annexation clearly does not have support by the Council. As a result, the City will not receive the expected $22.5 million in revenue to pay for the required infrastructure but instead only an estimated $1.5 million at most. The resulting $19 million drain on the general fund would take away a significant funding opportunity for other infrastructure needs, now expected in the annexed area. Letters Submitted Page 14 7/16/2015 Plan CC Comprehensive Plan 2035 Comments and Changes 1. Pg 10: Under Pursue high-quality development, delete "and establish high quality design standards for private development" 2. Pg 13: Natural Systems - Add bullet point under 1. - "Promote a drainage plan for the New Southside and drain it to a location other than the Oso Creek." 3. Pg 14: Open Space, Parks and Recreation - Remove first bullet point under 9. 4. Pg 17: a. Resilience - Point 1. - what does this mean? b. Point 2. - Delete until specifics are shown c. Resource Efficiency - Add a bullet point under 5. - "...and adopt the Coastal Bend Green Built as the official Green residential program of the City of Corpus Christi." 5. Pg 19: Line 1 under "Housing and Neighborhoods" - Delete "Connected" in the sentence - "High -Quality, safe, connected and diverse..." 6. Pg 20: a. Housing - Add second bullet point to 1. - "Create a "Housing Czar" at City Hall to coordinate all the Housing -Related entities." b. Housing - Bullet point under 5. - Change the wording of the second bullet point to read - "Promote resource -efficiency in all new housing through financial, as well as non-financial incentives, such as permit streamlining." c. Neighborhoods i. Bullet point under 7. - Remove "walkable" ii. Add to third bullet point - "The "Housing Czar" will..." at the beginning of the sentence d. Community Identity and Sense of Place i. Delete the wording in 8. - "rather than creating isolated subdivisions or apartment complexes" ii. Delete first bullet point entirely 7. Pg 23: Goals a. Add to first bullet point of 2. -"Create a system to..." to the beginning of the sentence b. Remove third bullet point under 3. 8. Pg 27: Goals a. Change the wording of the third bullet point under 2. to - "Integrate transportation planning with utility infrastructure and neighborhood development planning." Letters Submitted Page 15 b. Second bullet point under 3. - Change the word "Consider" to "Create" 9. Pg 30: Natural Systems a. Add third bullet point to 6. - "Sell or dispose of under-utilized structures and put underutilized land in a " City -Run Land Bank"" b. Change 7. to read - "Public buildings, facilities and open spaces comply with ADA (Americans with Disabilities Act) standards. 10. Pg 32: Under "From the Principles"; Delete the wording - "and establish high-quality design standards for private development 11. Pg 33: a. Goals - Under 3. remove the wording "and private" from so sentence reads "public developments demonstrate high standards of design." In Lower Part of the Page, in the Box b. Housing and Neighborhoods - Third bullet point - change it to read "Promote the location of multifamily..." c. Efficient Development Patterns i. Remove first two bullet points ii. Remove the following wording from fourth bullet point "combined with minimum lot size in zoning and" d. Environment and Resilience i. Second bullet point change the word "Preserve" to "Promote the preservation of land..." ii. Add, to the end of the second bullet point, the wording "...by providing incentives, both financial and non-financial, to land owners and developers" iii. Third bullet point - change the word "Avoid" to "Promote the avoidance of development..." 12. Pg 36: Residential Uses a. Delete this wording from the first sentence - "three density levels for single-family housing and a separate land use category for multifamily development and for mixed-use development, which can include housing." b. Delete the entire wording of the Single -Family section 13. Pg 38: Under the "Key: Future Land Use Map" - Remove the 3 Single -Family Residential Land Uses 14. Develop historic sites in the City of Corpus Christi such as Artesian Park Letters Submitted Page 16 -A Corpus Christi Association of REALTORS "Empowering Our Members to Succeed" MEMORANDUM After a considerable amount of time and effort, the Corpus Christi Association of REALTORS and the Builders Association of Corpus Christi have reviewed the document labeled Plan CC 2035 in its entirety. As vested partners in our community, we feel that we have a strong obligation to this community as a whole to participate in our local government and its processes. To that end, we offer our comments to our elected officials, appointed commissioners and city staff. We offer these comments in the spirit of cooperation, with the hope that there may be some impact to the eventually adopted plan. Understanding the need to have a comprehensive plan is obvious. Our Associations, in general, have always maintained strategic plans. The plans are reviewed several times per year, and may be modified annually in order to maintain our relevance to our members and our consumers. Within our strategic plans we have clearly identified goals and measurable results. The leadership team is tasked with ensuring that we stay on track for our members, to whom they are accountable. We have taken the liberty of applying these same measures of expected accountability to our city leaders, both elected as well as those who are employed and paid by the citizens of Corpus Christi. Acknowledging that a plan must be in place, and that our city government has already spent $1.6 million dollars to obtain the Plan CC 2035 from a third party consulting firm, then we have made the assumption that this plan in some form will be adopted. Thus, we are not expecting the plan to be shelved entirely. That being said, the bulk of our comments are very specific to points that are identified clearly in the draft. Our comments are made with the hope that consideration will be paid to them and that the city will consider making those changes to those specific areas. Before getting into the specifics, we believe that general and overall changes must be incorporated into this plan. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 17 Page 2 We strongly encourage the planning commission and the city council take our current state of affairs into account before making any further policy changes. Having a plan that is based entirely on a 'what if things were different' scenario is a false premise and cannot result in true change. Everyone would want to live in better circumstances. However, starting with what you have is the reality. No city leader will need to be reminded that our streets are in total disrepair. How can this fundamental element not be identified as a near term goal, along with specific estimated costs, to address this core issue? In effect, the draft ignores one of the most obvious issues facing the city of Corpus Christi. The expectation of the city is out of line with the expectations of the citizens. If street repairs and improvements are not part of the plan for the next 5 years in a clearly identified manner, citing costs, timelines and specific goals, how do you expect the overall plan to be accepted by your citizens? The second area of concern that is not identified is the very expensive and necessary improvements that are looming to our sewer system. There have been rumors that the sewer system will cost `billions of dollars' to meet EPA guidelines and that it will be due in just a couple of years. Where is this identified in the 20 -year comprehensive plan? Where are the cost estimates of taking care of this critical infrastructure? An example of this seems to happen every time we get some heavy rainstorms. It does not take too much time and understanding that the sewers are incapable of handing just a few inches of rain if you are driving your car near the intersections of SPID and Everhart Road, Everhart Road and McArdle or many areas of Alameda Street. The list could go on and on. If asked, virtually every citizen who drives a car can cite an area of town that gets flooded. Do we believe that bicycles and pedestrians can better navigate their way thru 6-8 inches of standing water in bike lanes and sidewalks? Again, this critical area is missing from the plan. Why not add that to the first 5 years of the plan, citing costs, timelines and specific goals? 4825 EVERHART, STE.1 • Coiu'us CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 18 Page 3 Another absolutely critical issue facing our city: our current Affordable Housing Crisis! Unless we have missed it entirely, with the exception of concentrating efforts on urban villages and infill lots, what specifically is being planned to tackle this growing issue? There are no definitive references made to improvements to city departments that are facing this issue. Does that plan reference the Corpus Christi Housing Authority as a resource? Does it cite the potential partnering with organizations like the Builders Association and the REALTORS Association to help create neighborhood CDC's that are designed to help specific neighborhoods and the very local issues that they face? It seems most of what is in the plan adds to the cost of housing instead of providing opportunities to create affordable housing by eliminating costly regulations. We would like to specifically reference the assumptions regarding the millennial generation as well. We do not agree with the foundational argument that they are primarily renters and will be candidates for downtown and infill rental housing. The studies are confusing at best. You may reference an article located here: http: //www. forties. com/sites/maggiemcgrath/2015/06/22/millennials-the-money- conscious-generation/ which states that they are very good at saving their money. A second study, conducted by Realtor.com (http://www.realtor.com/news/trends/how-are- millennials-doing-in-this-housing-market/) shows that the millennial generation is going to be responsible for the next wave of homebuyers...not home renters! In accordance with our original positioning statement regarding partnership, we would also like to point out that with Element 8, we compliment the plan in the area regarding the Special Aviation Transition District comments. This, obviously, was a result of understanding our local area conditions for land uses with respect to our specific military installations. The point being made here is that EXISTING issues facing our city have been mostly ignored in this plan. The plan is based on hope and wishful thinking that will lead us no where fast due to critical issues that are imminent to our survival, much less any chance of thriving as a community. Further, that many of the premises that the study and plan are based on are faulty in some areas and fail to address LOCAL issues on many levels. Finally, before getting into some specific language discussions, many of our topics for discussion were the result of reading your first draft. While we understand that you have tried to simplify the document for our reading pleasure, please note that some of our reference points may still refer to the original draft and may not correspond with the 2nd draft that you have provided. Due to time constraints, we rushed this analysis in order to provide written comment to meet your deadlines. 4825 EVERHART, STE.1 • Coiu'us CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 19 Page 4 Specific Points: Several Plan CC proposals may make development more costly. Plan CC contains several proposals that may make development and housing more costly, including the following: Increased Focus on Tree Preservation and Planting: Goal 6 of Element 2 is to increase shade along major streets and in parks and other public spaces. Although the language of the Goal itself suggests that it is focused on trees in public areas, the policies and action items under this Goal make clear the intent to have developers contribute towards the City's yearly tree planting. It proposes policies that include promoting tree preservation and tree planting on both public and private property. Action items include amending the Unified Development Code (the "UDC") to require planting shade trees in parking lots,9 and having all development approvals require sufficient irrigation to establish trees and replacement of trees that die within three years.10 The policies supporting this goal also suggests that the City will adopt a tree preservation ordinance in the future, although Plan CC does not explicitly describe what such a program might look like in Corpus Christi." Requiring planting and irrigation of trees in parking lots as a condition of development approval will likely increase the cost of developments subject to those conditions above what it would have been absent those conditions, and may also affect the feasible density of such development to the extent that the tree planting occupies space that otherwise could have been used for parking or other development. The action item proposing this requirement asserts that "changes in conventional parking lot design can provide room for more trees without affecting the number of parking spaces," but does not explicitly require that tree planting requirements be implemented in a way that does not reduce a site's development potential.12 Tree preservation ordinances sometimes are focused on protecting native trees species, trees with historical significance, and public trees, by requiring a permit to remove trees.13 But many tree preservation ordinances are far more extensive and intrusive on private property rights. 11 Element 4, Goal 6, Policies ("Propose tree preservation and tree planting on public and private property.") 12 Element 4, Goal G, Strategy B, Action 3. 13 International Society of Arboriculture, Tree Ordinance Guidelines, http://www.isa- arbor.com/education/onlineResources/treeOrdinanceGuidelines.aspx, last accessed July 14, 2015. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 20 Page 5 These can take a wide variety of forms, including requiring tree planting as part of overall site landscaping, requiring a detailed pre -development inventory of a site's trees, requiring replacement (at 1:1 or another ratio, and either on- or off-site,) of trees that are removed for development, restricting or preventing the development of existing wooded areas, requiring a permit to cut or remove a tree of a particular species or size, and any number of other variants of regulation. Any requirement to plant or preserve trees can add significantly to development costs. How costly a tree preservation ordinance will be depends upon the details of the ordinance and how it is implemented. Unfortunately, Plan CC raises the potential for using a tree preservation ordinance to accomplish plan goals concerning tree preservation, without providing any sense of what such an ordinance would look like or any assurances that it would not place undue costs and burdens on development. Comment: Trees provide substantial values to the environment, including shading and cooling, storm water management, air filtering, wildlife habitat, and aesthetic value. Studies have shown that trees can add considerably to a property's value.14 That does not mean, however, that tree preservation regulations themselves are beneficial to property values. At an extreme, some can be applied in a manner that makes it impossible or impractical to develop particular properties.15 Ideally, any tree planting and preservation ordinance should be non -prescriptive and flexible enough to allow developers and builders to respond to each unique site and meet other development regulations, while also advancing the environmental and aesthetic benefits trees provide.16 It should avoid costly and time-consuming procedural requirements. Plan CC should be revised to include clear language establishing that when implementing the tree preservation goal the City will be sensitive to development cost and private property rights concerns. 14 NAR, Growth Management Fact Book (4th ed. 2015) (hereinafter "Fact Book") at 125, citing studies from Georgia and California. 15 Id. at 125-126. 16 Id. at 124-125. 4825 EVERHART, STE.1 • Coiu'us CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 21 Page 6 Plan CC proposes the adoption of a rental registration program and a "crime - free rental housing" program, both of which can place unfair demands on landlords and implicate constitutional and property rights issues for landlords and tenants. Goal 4 of the Housing and Neighborhoods Element states that "All housing is in good condition and is code -compliant." Two of the action items under the Goal 4's strategies are to establish a registration and inspection system for rental properties and to adopt a crime free rental housing program based on a national or local mode1.38 Rental registration ordinances typically require landlords to register properties with the local jurisdiction and sometimes require the landlord to obtain a license to lease the property, submit to periodic inspections, and pay a fee to cover the jurisdiction's administrative and inspection costs.39 The process allows the jurisdiction to hold landlords accountable for code violations and also allows the jurisdiction to ensure that rental units meet health and safety codes.40 It also allows the jurisdiction to be pro -active about maintaining housing and neighborhoods in good condition instead of merely responding to complaints from tenants or neighbors.41 Crime free rental housing programs have several common features, including some or all of the following: licensing of landlords, requiring installation of certain safety features, participation in training, use of a "crime -free" lease addendum that specifies certain conduct (whether engaged in by tenant, guests, or others) that will be a basis for eviction, requiring eviction of a tenant if prohibited conduct is discovered or a certain number of calls from or about the tenant are received by the police, and consequences (including potential fines or revocation of rental license) for violations of the ordinance.42 Some jurisdictions have adopted completely voluntary programs, some are mandatory, and others take a hybrid form in which the program becomes mandatory in certain property types (i.e. multi -family housing) or after a property has been the site of a certain number or type of criminal incidents.43 38 Element 6, Goal 4, Strategy A, Action 2; Element 6, Goal 4, Strategy B, Action 1. 39 Fact Book at 150. 40 Id. 41 Id. at 152. 42 Emily Werth, the Cost of Being "Crime Free": Legal and Practical Consequences of Crime Free Rental Housing and Nuisance Property Ordinances, Sargent Shriver National Center on Poverty Law (Aug. 2013) at 2- 4, available athttp://povertylaw.org/sites/default/files/files/housing justice/cost-of-being-crime- free.pdf, last accessed July 8, 2015. 43 See e.g., San Bernadino, California, Crime Free Multi -Housing Program, https://www.ci.san- bernardino.ca.us/cityhall/community development/code/crime free multi family housing_program/de fault.asp; Sunnyside, Washington, Municipal Code, Section 5.02.040, http: //www. codepubli Shing. com/wa/sunnyside/html/Sunnyside05/Sunnyside0502. html#5.02.040. 4825 EVERHART, Sm.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 22 Page 7 These two action steps potentially raise several issues of concern for our Associations: First, Plan CC does not discuss code enforcement, poor housing or neighborhood conditions, or criminal activity in rental housing as particular challenges that the City faces and needs to address. Other than the fact that many other cities have these types of ordinances, Plan CC does not point to any existing conditions within the City that make these action steps necessary to maintaining or achieving the goals of housing that is in good condition and code compliant.44 Second, these programs create additional burdens for landlords which may reduce the availability of rental housing stock and decrease affordability.45 Not only will landlords have to pay registration fees but the costs of property maintenance and supervision will also likely increase. In a city, like Corpus Christi, with significant housing affordability concerns, initiatives that increase the cost of and decrease the supply of rental housing should be undertaken only after determining that they are necessary in that city, not just because they are approaches used elsewhere. Third, these types of programs may infringe on the rights of landlords and their tenants. Such programs implicate the protections against unreasonable search and seizure under the Fourth Amendment to the United States Constitution. Even civil inspections are subject to Fourth Amendment protections, and require a warrant, owner or tenant consent, or an imminent health or safety threat.46 In many instances, property owners in jurisdictions that have rental licensing programs are forced to choose between consenting to a search program (by registering and/or obtaining a license to operate as a rental) or not being permitted to legally rent their property. These programs also infringe on the property rights of landowners. Property rights are often described as a "bundle of sticks" in which each stick is a particular right associated with property ownership: e.g. the right of possession, the right to exclude others from the land, the right to dispose of the land either permanently by selling or temporarily by leasing.47 Although some regulations that restrict property rights are expected and accepted (e.g. environmental laws, zoning), the right to lease property is not one of the "sticks" that has traditionally been restricted. 44 See Element 3 and Element 6. 45 See Fact Book at 155. 46 Camara v. Municipal Court of City & Cty. of San Francisco, 387 U.S. 523 (1967). 47 See Denise R. Johnson, Reflections on the Bundle of Rights, 32 Vt. L. Rev. 247 (2007). 4825 EVERHART, STE.1 • Coitrus CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 23 Page 8 Furthermore, the crime -free programs attempt to shift policing duties to landlords. While residents of owner -occupied homes are free to use city services without fear of repercussion, landlords and tenants are subjected to an alternate policing system where there are significant repercussions for utilizing basic city services. This places an unfair cost on landlords (as well as putting landlords in potentially dangerous situations in order to preserve the right to lease their property). It also can have disastrous consequences for tenants who may forego reporting crimes against them for fear of losing their housing.48 The proposed transition of certain areas from residential to non-residential uses to increase compatibility with nearby military, industrial and aviation uses raises potential concerns. Military Compatibility Area Overlay District Goal 4 of the Land Use Element calls for regulations to protect military and civilian airport uses. One action step proposed is to create a Military Compatibility Area Overlay District (the "MCA"), as recommended by a Joint Land Use Study conducted by the City and the Department of Defense in 2013 to identify certain land uses that are incompatible with the naval air station operations (the "JLUS").53 It recommended the adoption of a Military Sustainability Master Plan Element in the comprehensive plan and recommended establishing the MCA, over the areas shown on Figure 2 of the JLUS, to restrict land uses that are incompatible with various aspects of operations.54 The MCA would permit those land uses that are generally considered compatible with the military airfields and the Corpus Christi International Airport — light industrial, commercial, agricultural, parks, and low-density residential — but would not permit other uses. The MCA would also regulate density and height of structures in order to improve compatibility with the airfield. 48 For further discussion see Werth, supra n.42. 49 Element 11, Goal 4, Strategy A, Action 1; see also Element 6, Goal 7, Strategy A, Action 1. 5o Element 11, Goal 4, Strategy A. 51 72 Tex. Jur. 3d Urban Renewal § 1 (2015). 52 David B. Brooks, Tex. Prac., Municipal Law and Practice § 19.12 (2d ed. (2014). 53 Element 10, Goal 4, Strategy A, Action 2; NAS Corpus Christi: Joint Land Use Study ("JLUS"), at 42, Table 2, available athttp://www.ccjlus.com/images/documents/NASCC%20JLUS%20Final sm.pdf, last accessed July 9, 2015. s4 JLUS, supra n.53 at 27, Figure 2. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 24 Page 9 Transition Special Districts for Aviation and Industrial Areas The Future Land Use Element calls for "transitions from residential enclaves to nonresidential uses ... in industrial and aviation special districts." The Future Land Use Map identifies two areas — Transition Aviation Special District and Transition Special District as areas where residential uses, deemed incompatible with industrial and aviation uses, are to be "transitioned" to nonresidential uses. The "Transition Aviation Special District" is located south of the Corpus Christi Naval Air Station on Flour Bluff.55 The "Transition Special District," also described as the "Special I-37 Transition District"56 is designated as the area north of Interstate 37 and west of the Harbor Bridge.57 This area is adjacent to oil refinery operations and other industrial uses.58 Concerns about MCA and Transition Districts These proposed changes could have a significant impact on property values within those areas. This is due to the limited uses that would be permitted in those areas and, within the Transition Districts in particular, the explicit goal of "transitioning" existing residential uses elsewhere. With respect to the intended uses in the MCA, Plan CC notes that there is little demand for additional office space59 and has not raised a lack of available industrial sites as an issue. Insufficient demand for the permitted uses may significantly depress the values of properties that are suitable for other uses but rezoned into the MCA. Landowners whose property is already developed with a use or structure that becomes nonconforming as a result of being placed in the MCA or one of the Transition Districts could find it extremely difficult to recoup the value invested in the property, assuming that there is likely to be low demand for allowed uses and significantly reduced value for nonconforming uses. 55 See Future Land Use Map at Exhibit 10.10 on p. 10-35. 56 See Element 10, Goal 1, Strategy B, Action 1. 57 See Future Land Use Map at Exhibit 10.10 on p. 10-35. 58 Id. 59 Element 6 at 6.9. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 25 Page 10 Transitioning these areas away from residential use is intended to promote economic opportunities in the City by removing incompatible uses. Plan CC notes that residents in the proposed Transition Aviation Special District and in the Special I-37 Transition District are largely low-income tenants and owners and recognizes that a fair process is needed for this transition to happen. It suggests providing incentives to residents60 and financial support from private organizations to residents.61 It is unclear how practical these suggestions are and whether sufficiently attractive incentives could be created to encourage large numbers of residents to move to other areas of the City. As a good source of knowledge and experience concerning the commercial and residential real estate markets, the Association should request to be part of any working group organized to further these goals. Even if the City succeeds in efforts to transition these areas away from residential use, Plan CC does not identify how "hold -outs" will be addressed. For example, does the City contemplate using a redevelopment authority to declare hold-out areas as blighted and use eminent domain to displace property owners and residents so their property can be taken and assembled into parcels for transfer to a new private owner? The Association should note its concern over the potential that the City will try to use eminent domain to achieve this the transition using eminent domain powers if the proposed action items are not successful in accomplishing a full transition. Automatically restricting in newly annexed parts of the City may unnecessarily restrict the development of the Annexation Areas. Element 8 calls for "orderly growth in the southern [extra -territorial jurisdiction]." The City's authority to regulate growth in the extra -territorial jurisdiction ("ETJ")62 is limited to its subdivision regulations; it cannot zone in this area.63 To achieve this goal the plan proposes to amend the UDC to create a "Rural Enterprise" zone with a maximum density of one dwelling unit per twenty acres and a certain number of uses permitted by special permit; require newly annexed areas to be automatically zoned as Rural Enterprise; not permit rezoning from Rural Enterprise until water and wastewater services are provided; and not permit water lines to be extended to an area unless there is a commitment to bring wastewater lines within three years.64 The areas proposed to be annexed by 2020 are shown as A and B on Exhibit 10.14 (the "Annexation Areas") and are located in the southern ETJ.65 61 Element 10, Goal 5, Strategy A. 62 The ETJ is the unincorporated area within five miles of the city limits. Texas Loc. Gov't Code § 42.021. 63 Element 10, C. Challenges, 4, at 10.14. See Corpus Christi, Unified Development Ordinance, § 3.8.1. It may also be possible for the City to require building permits and enforce its other construction related ordinances. See Terrence S. Welch et al., Municipal Regulation of the ETJ, Brown & Hofmeister, LLP, available at http: //www.bhlaw.net/8%20MUNICIPAL%2OREGULATION%20ETJ%20- %2000G%20Basics%20of%20Planning%20and%20Zoning%20-%20April%202005%20Edition.pdf, last accessed July 10, 2015. 64 Element 10, Goal 6, Strategy A. 65 Element 10, Goal 6, Strategy B. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TExAs78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 26 Page 11 Annexing these two areas is a short-term goal to be completed by 2020.66 Until that happens, any problems associated with a lack of zoning will continue to exist and could be compounded by additional development. In the discussion of land use challenges, Plan CC identifies issues with proper soil conditions for septic systems and the high demand for large single-family homes (due to good schools and lower land costs) which have the potential for "chaotic" development patterns which "can make providing services and infrastructure more costly than necessary" if the area is annexed.67 Through the City's subdivision regulations and its building regulations, however, it appears that the City should be able to require proper septic system design, proper road design and construction, sufficient access to properties for emergency services, and proper utility service be provided to all new development in the ETJ, even prior to annexation. Automatically zoning all parcels in newly annexed areas as Rural Enterprise may unnecessarily restrict future development. Although the authors of Plan CCrrovided an analysis of available land for development for land within the City limits, it has not provided a similar analysis for the development potential of the Annexation Areas at the proposed density. Therefore, it is unknown how much development can be accommodated at the Rural Enterprise density of 1 unit per 20 acres. Also, the plan does not detail what other zoning requirements may be imposed which could make existing legally created parcels and development nonconforming. The provisions requiring water service plus a commitment to bring waste water service before an area can be rezoned out of Rural Enterprise to allow denser development may effectively preclude such rezoning from taking place. Water and wastewater services are not typically extended unless there is sufficient density to justify and offset the cost of the extension. Under the low density Rural Enterprise zoning, the thresholds at which extending service makes sense may not be reached, which means these areas will not be able to satisfy the preconditions to be eligible for rezoning to accommodate additional density. The Annexation Areas are proposed for annexation precisely because they are areas already developing as residential enclaves. Plan CC includes as one of its land use principles, "locate new residential developments adjacent to and connected to existing development."69 The density restrictions proposed by Plan CC for the Annexation Areas appear to be contrary to this principle. The Plan CC proposal to zone annexed areas at the low Rural Enterprise density would also apparently apply to any other areas identified for future annexation. Over time, this policy may significantly reduce the potential growth and development of the City. 66 See Element 11, Implementation Matrix for Element 10, Goal 6. 67 Element 10, C. Challenges, 4, at 10.14. 68 Element 10, at 10.8. 69 Element 10 at 10.31. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 27 Page 12 In particular, Goal 3 on page 33 should probably be stricken entirely. It mentions both Public and Private developments and the policy will be to `adopt design standards and guidelines that result in high-quality built environments.' At a minimum, the word PRIVATE must be removed, as the city should not be telling private homebuilders what standards and guidelines should be employed. The "mode choice corridors" that Plan CC recommends for evaluating potential impacts on adjacent road networks and neighborhoods should be established before any "mode choice corridors" are undertaken. To further the goal of an efficient and safe transportation network (Element 6), Plan CC calls for "mode choice corridors" to be established to evaluate any impacts on adjacent road networks or neighborhoods. The road -diet concept was previously introduced in the Mobility CC plan. Mobility CC is the transportation element of the current comprehensive plan. Plan CC calls for certain parts of Mobility CC to be revised or reconsidered but it appears that Mobility CC will continue to be implemented alongside the other goals and actions proposed in Element 8.70 A so-called "mode choice corridor" is the redesign of a roadway (typically a four lane road) in which a travel lane is removed and the space is dedicated to other uses, such as a two-way left turn lane, bicycle lanes, pedestrian islands, transit, or parking.71 The purpose of reconfiguring the lanes is to increase safety for all roadway users, not to restrict capacity for vehicles in favor of other modes of transportation.72 Mobility CC previously identified several corridors as subjects for a "mode choice corridor." Plan CC calls for a review of this list, identification of other potential corridors that should be considered for a road -diet (in conjunction with the proposed creation of Urban and Neighborhood Villages), and proposes a quantitative analysis for determining impacts to capacity on adjacent networks and neighborhoods.73 While the concept of a "mode choice corridor" is not necessarily objectionable by itself, the City should be sure that no adverse traffic impacts are caused by their implementation. To the extent that applying a "mode choice corridors" to a particular corridor leads to changed traffic patterns and increased congestion on alternate routes, it can have potential impacts on development potential and costs. Based on the recommendations in Plan CC, it appears that Mobility CC did not adequately evaluate impacts to adjacent neighborhoods and road networks. 70 Mobility CC can be found on the City's website at http://www.cctexas.com/Assets/Departments/PlanningEnvironmentalServices/Files/MobilityCC.pdf, last accessed July 13, 2015. 71 FHWA Safety Program, Mode choice corridors Informational Guide, U.S. Dept. of Transportation, Report No. FHWA-SA-14- 028, Nov. 2014, available at http://safety.fhwa.dot.gov/road diets/info guide/rdig.pdf, last accessed July 13, 2015. 72 Id. 4825 EVERHART, g3T>l le•r yr liTIS r 4Aati IE (361) 991-8221 • FAx (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 28 Page 13 If implemented, Plan CC's recommendation to develop and apply "mode choice corridors criteria" should serve to increase the safety of the transportation network by implementing "mode choice corridors" design, while also ensuring that the capacity of the corridors remains sufficient for existing and future vehicle trips made along the corridor and that there are no unintended consequences to adjacent areas. Realtors should insist that the "mode choice corridors" program not move forward unless and until such criteria are developed and applied to evaluate the potential negative effects of imposing a "mode choice corridors" on a given corridor. Incentives provided to facilitate preferred development are more desirable than mandates, but should be designed not to disadvantage other types of development. Element 4, page 20, Goal 2. Plan CC recognizes that the desired types and locations of development may not be realized entirely through market forces alone. It suggests the use of incentives to overcome barriers to certain types and locations of development. For example, to support Goal 2 of the Housing Element ("Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle."), Plan CC proposes that the City assist in land assembly for affordable housing, that the City engage in public-private partnerships by contributing infrastructure or streamlined zoning review for developments that meet housing goals, and that the City create a Neighborhood Empowerment Zone to provide tax abatements for construction of workforce housing.74 To promote Goal 5 of the Housing Element ("New and redeveloped housing is resource -efficient.") the plan calls for providing a per-unit discount for building permits for resource -efficient housing. In some places Plan CC suggests that incentives be identified in the future. Incentives can reduce development costs which can benefit developers through cost savings, residents through lower housing prices, and the community by providing the desired type and location of development. From the perspective of property owners and developers, incentives that make desired development types attractive and more profitable are a better approach than mandates used to require that development include certain amenities or characteristics. Ideally, incentives to develop in a particular way should not penalize or divert resources from permissible development. For example, Plan CC calls for supporting resource efficient housing by providing incentives such as permit streamlining To the extent that permit streamlining for favored development means that local resources must be diverted from traditional permitting requests, the result may be that the streamlined process for the incentivized development causes delays for other development. In this case, waiver of permit requirements rather than fast -tracking the process may provide the desired incentive to the preferred form of development without increasing the burden on other forms of development. 74 Element 6, Goal2, Strategy E, Actions 1, 2, and 3. 4825 EVERHART, STE.1 • Cows CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 29 Page 14 The Associations will support the use of properly designed incentives, rather than mandatory requirements, to promote the type and location of development identified in the plan. Plan CC does not appear to satisfy all of the requirements of the City Charter. Article V of the Corpus Christi City Charter requires the City to establish comprehensive planning in order to "guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city."75 To meet this requirement, the city council is required to adopt a comprehensive plan as the general plan.76 The comprehensive plan is required to have: (1) A future land -use element (2) An annexation element; (3) A transportation element; (4) An economic development element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the [objectives of Article V of the City Charter]." Plan CC would replace the assoi tnient of plans currently in place in the City. Element 9, Goal 1 acknowledges the City Charter requirements, specifically noting the required plan elements.78 Nonetheless, Plan CC appears to omit required elements. Plan CC does not contain an Annexation element, even though annexation is discussed in other plan elements. For example, Goal 6 of the Future Land Use Element addresses anticipated development in the Annexation Areas and Exhibit 10.14 shows the locations of two planned annexation areas (and one designated for an industrial agreement instead of annexation).79 While these and other discussions in Plan CC address the topic in certain respects, the City Charter clearly calls for a separate annexation element.80 75 City of Corpus Christi City Charter, Article V, Section 1. 76 Id. at Section 4. 77 Id. 78 Element 11, Goal 1 at 11.5. 79 Element 10 at 10.51-10.53. 80 The City has an Annexation Plan, adopted in December 1999 (see City of Corpus Christi, Resolution Adopting the Annexation Plan Required by Section 43.052, Local Government Code, available at http://www.cctexas.com/ Assets/Departments/PlanningEnvironmentalServices/Files/Adopted%20City%20Annexation%20Plan.pdf, last accessed July 8, 2015) as required by Texas statute (see Texas Loc. Gov't Code § 43.052 (requiring the adoption of an annexation plan in order to annex properties but excepting certain annexations from these procedural requirements)), which states that the City has no plans to annex any areas subject to the statutory requirements. 4825 EVERHART, Sm.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 30 Page 15 Similarly, the public facilities element of Plan CC does not contain a capital improvement program or discuss plans for developing a capital improvement program. A Capital Improvements Plan or Program ("CIP") is used to assess capital facility needs against the plans goals and policies on a shorter planning horizon, typically five years.81 It is an important tool for the implementation of a comprehensive plan because it identifies, prioritizes and assigns funding to planned capital projects.82 Rather than ensuring that it conforms to the requirements of the City Charter, the first proposed action step under the strategy for adopting the new long-range plan is to amend the City Charter and existing ordinances to align them with Plan CC.83 Plan CC does not explain why the City Charter should be amended to exclude the missing annexation and capital improvement program elements from the City's comprehensive planning requirements. The annexation element and CIP are important planning tools, and Plan CC also does not explain how the City intends to address these subjects adequately outside of the comprehensive plan process. 81 Vicki Elmer, Capital Improvement Plans and Budgets, Lincoln Institute of Land Policy, at 4, available at https://www.lincolninst.edu/subcenters/teaching-fiscal-dimensions-of- planning/materials/elmer-CIP.pdf, last accessed July 8, 2015. 82 University of Wisconsin Stevens Point, Center for Land Use Education, Planning Implementation Tools: Capital Improvement Plan, Sept. 2008, available at https://www.uwsp.edu/cnr- ap/clue/Documents/Planlmplementation/Capital Improvement Plan.pdf, last accessed July 8, 2015. 83 Element 11, Goal 1, Strategy A, Action 1. 4825 EVERHART, SM.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 31 Page 16 Although not in the rd Draft of Plan CC, there was a proposal for the creation of a redevelopment agency that could be given eminent domain power, infringing on private property rights. Plan CC calls for the City to consider creating a development agency "in designated areas of the city where redevelopment is desired, such as the Urban and Neighborhood Village locations."49 This action step further states: Corpus Christi does not have a redevelopment agency that can act to accelerate redevelopment in desired locations by making and implementing plans that require land assembly and improvements in order to attract and leverage private investment...One approach would be to use Texas Local Government Code Chapter 374 [The Texas Urban Renewal Law]."' The Texas Urban Renewal Law authorizes a municipality to remove slum and blighted conditions through eminent domain.51 Although the Texas statute provides some limitations on the use of eminent domain to take properties that are not blighted, overall, it appears to permit the City to take property for redevelopment by a private entity.52 The possibility that Corpus Christi will create a redevelopment agency under the Urban Renewal Law raises significant property rights concerns. While it is important that the City have the necessary tools to implement Plan CC, those tools should not be used to eliminate private property rights. A redevelopment agency could certainly be a valuable tool for promoting redevelopment of the downtown area and promoting the development of Urban and Neighborhood Villages. However, that agency should focus on acquiring and assembling property through other means and on providing guidance and assistance (in the form of public-private partnerships) to facilitate desired development. 49 Element 11, Goal 4, Strategy A, Action 1; see also Element 6, Goal 7, Strategy A, Action 1. 5o Element 11, Goal 4, Strategy A. 51 72 Tex. Jur. 3d Urban Renewal § 1 (2015). 52 David B. Brooks, Tex. Prac., Municipal Law and Practice § 19.12 (2d ed. (2014). 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 32 Page 17 The implementation of Plan CC relies heavily on the reinstatement and expansion of the City's Planning Department, which may not be feasible. Goal 5, Element 9 states that "a new Planning Department is in place" and that it will be given "a proactive role in coordinating initiatives to implement comprehensive and other plans."84 Plan CC calls for the staff of the reinstated Planning Department to include a planning director, a land use planner, an urban designer, a housing planner, a transportation planner, a neighborhood/district planner and a long—range planner.85 The implementation element lists this as a short-term goal, to be achieved between 2015 and 2020.86 The City currently has a Development Services Department that provides support to the Planning Commission and to the public for permitting and regulatory activities.87 The City used to have a Planning Department that was part of the Development Services Department. The Planning Department was separated from the Development Services Department in order to focus on completing this comprehensive plan update, and then was eliminated in late 2013 or early 2014 when the planning function was privatized.88 Given the recent elimination of the department, Plan CC's goal of reinstating the City's Planning Department and hiring dedicated staff with significant expertise in various aspects of community planning may be too ambitious. The City may find it difficult to attract (and pay for) a new staff of at least seven professionals with the necessary skill sets, particularly in light of the City's fluctuating treatment of that department in recent years. It may also be politically difficult to reinstate a department that was recently eliminated in favor of outsourcing these planning duties to private consultants. The possibility that the Planning Department will not be re- established quickly or easily poses a significant potential problem for the implementation of Plan CC, because so many of the action steps are delegated to the new planning department.89 If the planning department is not reinstated as proposed, it is not clear whether other City departments or private consultants may be able to undertake the proposed actions. 84 Element 11, Goal 3 and Policy. 85 Element 11, Goal 3, Strategy B, Action 2. 86 Element 11, Implementation Matrix. 87 See generally City of Corpus Christi, Development Services website at http://www.cctexas.com/government/development-services/index, last accessed July 14,2015. 88 See Element 11, Goal 3; see also Matt Dietrichson, Corpus Christi may outsource more of planning department, Houston Tomorrow (Aug. 30, 2013), available at http://www.houstontomorrow.org/livability/story/corpus-christi- may -outsource -most -of -planning - department/, last accessed July 8, 2015. 89 See Element 11, Implementation Matrix. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 33 Page 18 Poorly Drafted Goals Comprehensive plan "goals" should be drafted as general statements of desired future conditions. Some of Plan CC's goals are written more as action steps than as goals. For example, Goal 1 of Element 6, states "Corpus Christi has a comprehensive housing policy to guide development of quality neighborhoods." This states that the City's goal is to develop a policy. It is more likely that the intended goal is for Corpus Christi to develop quality neighborhoods, and that an action step towards that goal is for the City to develop a comprehensive housing policy. Similarly, Goal 6 of Element 6, states, "Corpus Christi supports and maintains established neighborhoods." Presumably the City's goal is that its established neighborhoods offer quality living environments for residents. As one strategy for achieving that goal, the City will "support and maintain" those neighborhoods.90 The City should revise and clarify these and other goal statements so that they actually state goals. 4825 EVERHART, STE.1 • Coiu'us CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 34 deecorp DEECORP PROPERTIES LTD Suite 201, 388 West 8th Avenue Vancouver, British Columbia Canada, V5Y 3X2 Bus. (604) 683-0002 Fax (604) 683-8511 www.deecorp.ca info@deecorp.ca Ms. Arlene Medrano: RE: Tufts Cove Property under the Comprehensive Development Plan Dear Ms. Medrano: We represent the ownership of Tufts Cove a 400 acre property on Mustang Island. Corpus Christi's new Comprehensive Development Plan has designated our property under the most recent suggestions to be designated at "Public Open Space". This is completely unacceptable to the Tufts Cove for numerous reasons. Tufts Cove acquired this magnificent property in 1986 and is now finally ripe for development. Tuft's has spent over $300,000 in planning and engineering over the last few years working with the US Army Corps of Engineers toward a concept development plan and grading permit. Mustang Island is a beautiful place which is attracting a great deal of attention with the declining availability of serene beach space around the southern US. That coupled with the increasing wealth resulting from oil and gas production in south Texas is now creating high demand for resort property around Mustang Island. Tuft's Cove has been preparing for this economic opportunity for some time. This will have a significant positive impact on Corpus Christi. Thousands of jobs will be created due to development on the island. Many more service sector jobs will be created to serve the discretionary spending from those home owners. This has been our vision for Mustang Island and particularly with the Tufts Cove property which comprises the Wilson Cut. Attached is a preliminary concept plan illustrating what Tufts is planning to develop. We intend to create a very special environment conducive to elevated living, unlike anything developed on the island thus far. It will attract affluent families that will spend money in and around the Corpus Christi area as well as other people of various socioeconomic backgrounds. We are confident that after careful consideration, the City will chose to work with us to develop the property to its glorious potential —a project the City can be very proud of. A project, which is the result of numerous discussions with the City staff over several decades. DEECORP PROPERTIES LTD. Asset manager for Tufts Cove Investment Corp. Letters Submitted Page 35 State Tract 434 N31'39'35"6 1048.36_ ____131'39.3_01E 3,565.90' 45.00 Acres LINE DEARING DISTANCE Nseza25'W WETLANDS State Tract 433 31'39'00'E 3 731• 45' State Tract 432 � .- - N31'39'301 - 3733.73' AIWA WETLANDS Laa IETLANDS :cn NYw 830' 18'49"W " 04. 4 ( 80' LANDSCAPE STRIP - M11111111- gMk State Hiig'tway 361 SO' LANDSCAPE P 80' LANDSCAPE STRIP _S3 r1�149 1 PHASE ONE LAND USE - SINGLE FAMILY QUANTITY (EACH) AREA (ACRES) LAND LOCKED WATER FRONT ''//%/Ailf'' 50'x120' MIN. WATER FRONT 57 7.75 50'x90'-100' 50'x120' MIN. 4 0.5 50'x90'-100' SUB -TOTALS: 43 4.9 jj�/ 50'x90'-100' 147 16.8 SUB -TOTALS: 251 29.95 LAND USE - MULTIFAMILY 50'x90'-100' �Q� //////�� "'�',,� j It �' SITE 1 76 * 91* 5.7 ��,<";.` SITE 2 86* 5.4 SITE 3 CHANNELS 66* 4.1 yr, A SITE 4 201* 12.6 37.58 SUB -TOTALS: 444* 27.8 TOTALS: CHANNELS ALL DEPTHS 46.46 88.75 WETLANDS 7.36 STREET R.O.W.-LANDSCAPE STRIP 180 * 27.11 TOTALS: I 695* 138.68 *Note: Multi -family density varies from 10 to 22 units per acre. Assumed density © 16 units per acre. 0 2009 by Urban Engineering --- PHASE LINE II�IIR1E =' LANDSCAPE S1RP _ 11II 80' LANDSCAPE STRP 4i0" PROP LS e5 PHASE TWO LAND USE - SINGLE FAMILY QUANTITY (EACH) AREA (ACRES) LAND LOCKED WATER FRONT /. / 50'x120' MIN. 50'x90'-100' 24 3.62 50'x120' MIN. SUB -TOTALS: 24 3.62 LAND USE - MULTIFAMILY 4.8 //,/// SITE 5 46 76* 4.8 50'x90'-100' SUB -TOTALS: 76 * 4.8 SUB -TOTALS: MARINA MIXED USE 15.3 LAND USE - MULTIFAMILY CHANNELS ALL DEPTHS 17.70 SITE 6 WETLANDS 2.4 37.58 STREET R.O.W.-LANDSCAPE STRIP 9.75 TOTALS: I 1 100* 88.75 --- PHASE LINE II�IIR1E =' LANDSCAPE S1RP _ 11II 80' LANDSCAPE STRP 4i0" PROP LS e5 TUFT'S COVE DEVELOPMENT PLAN LAYOUT "A" COuRBA& ENGINEERING CORPUS CHRISTI, TEXAS 2723 Swantwr SL, Corpus Chrter6. 7N 75404 PHOM (361) 854-3101 FOX, (361) 864-8001 Job No. 41853.00.00 JLU/crr MAY 20, 2009 1600 800 400 0 800 1600 R" MI IC SCALE 1_800' Letters Submitted Page 36 PHASE THREE LAND USE - SINGLE FAMILY QUANTITY (EACH) AREA (ACRES) LAND LOCKED WATER FRONT 50'x120' MIN. 88 17.95 50'x120' MIN. 4 1.0 / /Ai/a, 65'x100' MIN. 22 4.8 50'x90'-100' 46 5.5 r/.j 50'x90'-100' 218 26.38 SUB -TOTALS: 378 55.63 LAND USE - MULTIFAMILY SITE 6 38* 2.4 SITE 7 WZ''',/,/, SITE 8 61* 3.8 SUB -TOTALS: 180 * 11.3 CHANNELS ALL DEPTHS 58.24 WETLANDS 9.86 STREET R.O.W.-LANDSCAPE STRIP 32.74 TOTALS: I 1 558 * 167.77 TUFT'S COVE DEVELOPMENT PLAN LAYOUT "A" COuRBA& ENGINEERING CORPUS CHRISTI, TEXAS 2723 Swantwr SL, Corpus Chrter6. 7N 75404 PHOM (361) 854-3101 FOX, (361) 864-8001 Job No. 41853.00.00 JLU/crr MAY 20, 2009 1600 800 400 0 800 1600 R" MI IC SCALE 1_800' Letters Submitted Page 36 Corpus Christi i, Association of REALTORS° "Empowering Our Members to Succeed" MEMORANDUM After a considerable amount of time and effort, the Corpus Christi Association of REALTORS and the Builders Association of Corpus Christi have reviewed the document labeled Plan CC 2035 in its entirety. As vested partners in our community, we feel that we have a strong obligation to this community as a whole to participate in our local government and its processes. To that end, we offer our comments to our elected officials, appointed commissioners and city staff. We offer these comments in the spirit of cooperation, with the hope that there may be some impact to the eventually adopted plan. Understanding the need to have a comprehensive plan is obvious. Our Associations, in general, have always maintained strategic plans. The plans are reviewed several times per year, and may be modified annually in order to maintain our relevance to our members and our consumers. Within our strategic plans we have clearly identified goals and measurable results. The leadership team is tasked with ensuring that we stay on track for our members, to whom they are accountable. We have taken the liberty of applying these same measures of expected accountability to our city leaders, both elected as well as those who are employed and paid by the citizens of Corpus Christi. Acknowledging that a plan must be in place, and that our city government has already spent $1.6 million dollars to obtain the Plan CC 2035 from a third party consulting firm, then we have made the assumption that this plan in some form will be adopted. Thus, we are not expecting the plan to be shelved entirely. That being said, the bulk of our comments are very specific to points that are identified clearly in the draft. Our comments are made with the hope that consideration will be paid to them and that the city will consider making those changes to those specific areas. Before getting into the specifics, we believe that general and overall changes must be incorporated into this plan. Additional Letters Page 1 of 26 We strongly encourage the planning commission and the city council take our current state of affairs into account before making any further policy changes. Having a plan that is based entirely on a 'what if things were different' scenario is a false premise and cannot result in true change. Everyone would want to live in better circumstances. However, starting with what you have is the reality. We would respectively request that the following measures be taken to increase the potential success of this plan: Add specific and measurable goals for each section Make the goals time specific and incremental, so that the citizens will see the measured progress Attach current and projected financial implications for each of the goals The citizens of Corpus Christi have already identified certain areas of concern. While these items are mentioned or identified within the plan, here are some particular areas of focus that we would encourage you to identify and pursue: Street Repair and maintenance Infrastructure: Water and sewer systems Infrastructure: Waste, landfill and litter Affordable and Workforce Housing We are convinced that by working together with a strong private/public partnership, progress and real change can be made. We look forward to working with our elected officials and our City staff. Please see the specific references speaking directly to the plan on the following pages. Additional Letters Page 2 of 26 BACKGROUND COMPREHENSIVE PLANNING IN CORPUS CHRISTI The Corpus Christi City Charter requires the adoption of a comprehensive plan containing a future land -use element, an annexation element, a transportation element, an economic development element, a public services and facilities element (including a capital improvement program), a conservation and environmental resources element, and any other element that the City Council deems necessary or desirable.2 The City currently maintains a comprehensive plan based on a set of policy statements first adopted in 1987 and a series of area development and master service plans.3 These plans have been updated since their adoption, but this has not been done uniformly and many are outdated.4 ORGANIZATION OF PLAN CC The First Draft is broken down into the following eleven plan elements: Element 1: Corpus Christi's Vision for 2025. This element sets forth a vision of the City in 2035 and the guiding principles that will be relied on to achieve this vision. The vision statement summary is: In 2035...Corpus Christi is a thriving community with a strong, diversified economy, a high quality of life for individuals and families throughout the city, and a well -protected environment of natural beauty. Our unique combination of Gulf Coast bay and beach attractions, vibrant cultural life, economic opportunity, and a variety of housing choices supports long-established families and makes Corpus Christi a magnet for young professionals, entrepreneurs, retirees and visitors to the most distinctive destination on the Texas Gulf Coast. The vision statement then more specifically describes the future economy, city services, neighborhoods and housing, and the environment. 2 City Charter, City of Corpus Christi, Texas, Article V, Section 4, available at http://www.cctexas.com/government/city-secretary/city-charter/index, last accessed July 6, 2015. s Corpus Christi Policy Statements, An Element of the Comprehensive Plan, at 5-7, available at http://www.cctexas.com/Assets/Departments/PlanningEnvironmentalServices/Files/CCPolicyStatements.pdf, last accessed July 6, 2015. 4 Element 11, Goal 1, Strategy A, at 11.5; Matt Dietrichson, Corpus Christi may outsource more of planning department, Houston Tomorrow (Aug. 30, 2013), available at http://www.houstontomorrow.org/livability/story/corpus-Christi-may-outsource-most-of-planning-department/, last accessed July 8, 2015. Additional Letters Page 3 of 26 Element 2: Public Engagement. This element describes the community engagement process used to solicit input from the public, including the development of a Citizens Advisory Committee to make suggestions for encouraging public participation and discussion; topic - specific working groups; media and community outreach; interviews with individuals in the public and private sectors; seven district meetings across the City in June 2014 to discuss issues and ideas; and a citywide Visioning Forum held on June 28, 2014. Element 3: Understanding Corpus Christi Today. This element provides a brief history of the City and describes current demographics, the economy, the transportation system, housing, and the environment of the City. This element also briefly details the history of the City's comprehensive planning process. Element 4: Green and Blue: Natural Systems, Parks & Recreation. This element sets goals for maintaining and enhancing the City's natural systems and promoting open space, parks, and recreational opportunities for residents. Element 5: Resilience and Resource Efficiency. This element sets goals for combating the effects of climate change, including sea level rise, extreme storms, and heat. It also suggests strategies for resource efficiency such as implementing green building techniques and renewable energy sources. Element 6: Housing and Neighborhoods. This element describes the current makeup of the housing market in Corpus Christi, the need for affordable housing, and the advantages and disadvantages of historic development patterns. It then sets forth the goals for housing and neighborhoods for 2035 and the Policies, Strategies, and Actions that will be used to meet those goals. Element 7: Diversifying the Economy and Strengthening the Workforce. This element focuses on the desired growth in certain economic sectors and for developing a marketable and successful workforce. Element 8: Getting from Here to There: Transportation and Mobility. This element addresses the City's goals for transportation, including improved road networks, increased multi- modal access, and a more efficient public transportation system. Element 9: Community Infrastructure Facilities and Services. This element sets forth the strategies for improving water supply, wastewater and solid waste disposal, and storm water management. Element 10: Future Land Use, Zoning, and Urban Design. This element is "the guide for decision makers on the pattern, distribution, density and intensity of land uses that, over time, will help the city achieve the community's vision for the future."5 It describes the existing pattern of land use and the locations where there is significant development potential, and states a desire for better urban design and for "village" type locations. It establishes the City-wide 5 Element 10, Summary. Additional Letters Page 4 of 26 Future Land Use Map (which is broken down by planning districts) showing the planned use of each part of the City. It also introduces a Strategic Policy Priorities Map, depicting certain goals from other elements of Plan CC, such as trail development and the locations of neighborhood villages. It states that future development must be consistent with both of these maps. Element 11: Stewardship and Implementation of the Plan. This element describes how Plan CC will be implemented and updated to achieve a "living" plan. It also identifies key City departments and partners that will undertake the action steps identified in Plan CC as the means for achieving the plan's goals. The Second Draft of Plan CC is a pared down version of the First Draft. The "Public Engagement" and "Understanding Corpus Christi Today" elements were removed and the remaining elements renumbered. Each element in the Second Draft contains a vision statement and the goals and policies for achieving that vision. The other material contained in the First Draft (descriptions of existing conditions, challenges to meeting the vision, and reasons for setting the goals, as well as the strategies and action steps for meeting those goals) has been removed. Reportedly, the reason for issuing this Second Draft is to provide a renewed public comment period, focusing exclusively on the goals and policies proposed.6 Once the goals and policies have been sufficiently vetted, the City will release another draft with revised strategies and actions to meet those goals and invite public comment.? TALKING POINTS POINTS SPECIFIC TO PLAN CC RECOMMENDATIONS IMPLICATING REALTOR INTERESTS POINT 1: Several Plan CC proposals may make development more costly. Plan CC contains several proposals that may make development and housing more costly, including the following: Increased Focus on Tree Preservation and Planting: Goal 6 of the Natural Systems, Parks & Recreation Element is to increase shade along major streets and in parks and other public spaces. Although the language of the Goal itself suggests that it is focused on trees in public areas, the policies and action items under this Goal make clear the intent to have developers contribute towards the City's yearly tree planting goal.8 It proposes policies that include promoting tree preservation and tree planting on both public and private property. Action items include amending the Unified Development Code (the "UDC") to require planting shade trees in parking lots,9 and having all development approvals require sufficient irrigation to establish trees and replacement of trees that die within three years.10 The policies supporting this goal also suggests 6 Kristen Crow, Plan CC 2035 sees confusion, Corpus Christi Caller -Times, Jun. 2, 2015, available at http://www.caller.com/news/building-our-future/growth/plan-cc-update-scheduled-for-council-workshop 01549415, last accessed July 7, 2015. Id. 8 Element 4, Goal 6, Strategy A, Action 2 (suggesting 1,000 trees a year for ten years). 9 Element 4, Goal 6, Strategy B, Action 3. 10 Element 4, Goal 6, Strategy B, Action 4. Additional Letters Page 5 of 26 that the City will adopt a tree preservation ordinance in the future, although Plan CC does not explicitly describe what such a program might look like in Corpus Christi.11 Requiring planting and irrigation of trees in parking lots as a condition of development approval will likely increase the cost of developments subject to those conditions above what it would have been absent those conditions, and may also affect the feasible density of such development to the extent that the tree planting occupies space that otherwise could have been used for parking or other development. The action item proposing this requirement asserts that "changes in conventional parking lot design can provide room for more trees without affecting the number of parking spaces," but does not explicitly require that tree planting requirements be implemented in a way that does not reduce a site's development potentia1.12 Tree preservation ordinances sometimes are focused on protecting native trees species, trees with historical significance, and public trees, by requiring a permit to remove trees.13 But many tree preservation ordinances are far more extensive and intrusive on private property rights. These can take a wide variety of forms, including requiring tree planting as part of overall site landscaping, requiring a detailed pre -development inventory of a site's trees, requiring replacement (at 1:1 or another ratio, and either on- or off-site,) of trees that are removed for development, restricting or preventing the development of existing wooded areas, requiring a permit to cut or remove a tree of a particular species or size, and any number of other variants of regulation. Any requirement to plant or preserve trees can add significantly to development costs. How costly a tree preservation ordinance will be depends upon the details of the ordinance and how it is implemented. Unfortunately, Plan CC raises the potential for using a tree preservation ordinance to accomplish plan goals concerning tree preservation, without providing any sense of what such an ordinance would look like or any assurances that it would not place undue costs and burdens on development. Comment: Trees provide substantial values to the environment, including shading and cooling, storm water management, air filtering, wildlife habitat, and aesthetic value. Studies have shown that trees can add considerably to a property's value.14 That does not mean, however, that tree preservation regulations themselves are beneficial to property values. At an extreme, some can be applied in a manner that makes it impossible or impractical to develop particular properties.15 Ideally, any tree planting and preservation ordinance should be non -prescriptive and flexible enough to allow developers and builders to respond to each unique site and meet other development regulations, while also advancing the environmental and aesthetic benefits trees provide.16 It should avoid costly and time-consuming procedural requirements. Plan CC should be revised to include clear language establishing that when implementing the tree preservation goal the City will be sensitive to development cost and private property rights concerns. 11 Element 4, Goal 6, Policies ("Propose tree preservation and tree planting on public and private property.") 12 Element 4, Goal G, Strategy B, Action 3. 13 International Society of Arboriculture, Tree Ordinance Guidelines, http://www.isa- arbor.com/education/onlineResources/treeOrdinanceGuidelines.aspx, last accessed July 14, 2015. 14 NAR, Growth Management Fact Book (4t1i ed. 2015) (hereinafter "Fact Book") at 125, citing studies from Georgia and California. 15Id. at 125-126. 16 Id. at 124-125. Additional Letters Page 6 of 26 Impact Fees. Goal 6 of the Implementation Element seeks to expand funding options available to the City to meet the plan goals. It specifically identifies impact fees as a potential funding source for transportation and utility infrastructure.' Plan CC observes that impact fees tend to be politically attractive because they shift costs of future development to that future development and away from existing residents and businesses.'s It further notes that a formal impact fee process is more predictable and fair than negotiated exactions or proffers.19 It also proposes using impact fees to channel development into areas targeted for development and redevelopment by using a tiered fee or fee waivers for those areas.20 A development impact fee is a charge imposed on new development to fund the cost of off-site public facilities and services that benefit the new development. The rationale for impact fees is that the proponent of new development should incur the cost of capital public facilities and services needed to serve the new development, as opposed to the cost being paid by the general public through taxes or by the users of the service through user fees. Based on this principle, impact fees are designed to require that each development pay its proportionate share of the cost of providing off-site public facilities and services generated by the new development. A properly designed impact fee system fairly accounts for the infrastructure costs incurred by the local government to serve a new development by shifting the infrastructure costs to new development in proportion to the impact of the new development. Payment of impact fees may be required at the time of development approval, at the building permit stage or upon issuance of the certificate of occupancy. As a general rule, impact fees may not be used to pay for the maintenance of existing facilities, to cover operating expenses, or to remedy deficiencies in existing capital facilities or services.21 NAR has an adopted policy position opposing impact fees. It states: NAR opposes impact fees. Where impact fees exist, NAR urges their repeal. When impact fees are used, they should follow strict guidelines, for example: proceeds from impact fees should be segregated from other governmental revenues; impact fees should be used solely for capital improvements related to a specific new development.22 Impact fees may adversely affect property values and increase development costs. Although developers may find some efficiency gains in eliminating negotiated exactions, which may lower development soft costs, impact fees will increase development costs in comparison to using broad-based taxation to provide infrastructure and services.23 One of the main, and most 17 Element 11, Goal 6, Strategy A, at 11.14. 18 Although it does not account for the fact that many potential consumers of new development are actually current residents. See Zimmerman/Volk Associates, Inc., An Analysis of Residential Market Potential: The City of Corpus Christi, Nueces County, Texas, May 2014, available at http://media.wix.com/ugd/c701b0 562a416c356040adbeda9a0d7caa7038.pdf„ last accessed July 16, 2015. 19 Element 11, Goal 6, Strategy A, at 11.14. 20 Id. 21 See Fact Book at 25-26 (citing Arthur C. Nelson & James B. Duncan, Growth Management Principles & Practices at 123 (APA, 1995)). 22 See http://www.realtoractioncenter.com/for-associations/issues-mob/policies.html. 23 Fact Book at 29. Additional Letters Page 7 of 26 enduring, criticisms of impact fees is that they can have adverse effects on the market for housing and other development because of their effect on profit margins for developers. The relative economic burden of impact fees will be shared between developers on the one hand, and buyers or tenants on the other, depending on market factors. In any case, however, an impact fee will likely raise housing costs from what they would be absent the fee. To the extent that market dynamics allow developers to pass the cost of impact fees on to buyers, impact fees will also have the effect of raising the cost of new housing.24 Generally speaking, in an area where the market is insensitive to price changes, the fee is most likely to be passed on to buyers. In an area that is insensitive to price changes but has barriers to entry (e.g., a shortage of developable land), the developer can pass the fee along to buyers but may choose to produce a more upscale product to attract buyers who are better able to absorb the cost of the impact fees (which may impact housing affordability).25 In areas where the market is more price sensitive, builders and developers are likely to bear some or all of the cost of the fee, which will reduce the margin of profit they can expect from a given type of development. In response, some developers may change their product, for example by building larger more expensive homes in an effort to recoup some of the expected profit margin, which will affect housing affordability.26 Some developers may also chose to avoid jurisdictions where impact fees are imposed in favor of developing at locations not subject to impact fees. If impact fees act as a disincentive for developers to develop new housing and buildings in that jurisdiction, the effects may spill over to the local economy, affecting both its attractiveness to new investment and its ability to grow. Another potential consequence is that the market will pass some or all of the economic burden of the fee onto owners of vacant land available for development, reducing the value of land jurisdiction-wide.27 No matter who bears the burden of the impact fee — the landowner, the developer, or the buyer — there will be an economic consequence to the assessment of the fee. In Corpus Christi, impact fees may not be the most appropriate tool for generating funds for infrastructure improvement, particularly in light of Plan CC's goals calling for significant redevelopment in older parts of the City. Existing infrastructure must be repaired and upgraded to accommodate infill. Existing residents will benefit as much as new residents from these improvements. It is arguably not fair to impose the cost of repairs and upgrades only on new residents. Moreover, to the extent that impact fees discourage developers from pursuing opportunities for infill development, the effect of using this mechanism to fund infrastructure improvements may undercut the plan's goals in that respect. 24 Id. 25 Alvin L. Arnold et al., Impact fees and their effect on development — Development impact fees in the 1990s, 1 Construction & Development Financing § 2.86 (3d ed.). 26 Brett M. Baden, et al., Effects of Impact Fees on the Suburban Chicago Housing Market 3 (1999) at 3, available at Heartland Institute Policy Study No. 93 at https://www.heartland.org/sites/all/modules/custom/heartland migration/files/pdfs/9437.pdf, last accessed July 16, 2015. 27 Arthur C. Nelson, Development Impact Fees: The Next Generation, 26 Urb. Law. 541, 551 & 555-56 (1994). Additional Letters Page 8 of 26 Concurrency: Goal 1 of Element 8 of Plan CC proposes establishing a multimodal "level of service" standard, along the lines of those adopted by the Florida Department of Transportation's Quality/Level of Service Handbook and the Transportation Research Board's Highway Capacity Manual.28 Levels of service are performance standards for public facilities, used to measure how well the facilities serve the community's needs.29 A multimodal level of service standard addresses transit, bicycling, and other modes of transportation in addition to vehicle traffic on roads and highways. Levels of service for transportation and other public infrastructure are often used in connection with a concurrency program, which requires that adequate public facilities be in place before new development is placed in service.30 Most concurrency programs delay development approvals until the public facilities needed to satisfy the level of service standards are in place, rather than requiring that developers pay for public improvements. As a practical matter, however, delaying development until new or additional public facilities are available may not be feasible for a developer, who may therefore choose to provide the facilities at its own cost instead of waiting.31 Plan CC does not mention adopting a concurrency program but the establishment of multimodal levels of service could set the stage for such a program. If so, the effect could be to delay development in areas that have overburdened transportation infrastructure until the City is able to provide the infrastructure needed to satisfy level of service standards, which could slow growth in the supply of housing and other development and drive up prices. Alternatively, the effect could be that developers undertake to provide and pay for the necessary road improvements ahead of the City's schedule, so that they are able to proceed with development on their preferred schedule, which will have cost effects similar to those of an impact fee. Urban Design Requirements: Several goals in Plan CC suggest the creation of a set of urban design guidelines for neighborhood and building development.32 In particular, the plan suggests amending the City's UDC to adopt design for "alternative development patterns" that focus on outcomes rather than specific design features and a series of overlay districts.33 Design standards can be very difficult to draft because it is often difficult to be precise and clear in describing the desired design characteristics of development in ways that developers, design professionals, and regulators can understand and apply consistently.34 Without precise definitions, it may be difficult for developers to meet the standards expected by the reviewer, 28 Element 8, Goal 1, Strategy A, Action 1. 29 See Fact Book at 18. 30 Fact Book at 18. 31 Fact Book at 19. 32See Element 5, Goal 1, Strategy D; Element 6, Goal 2, Strategy B; Element 6, Goal 7, Strategies D and E; Element 10, Goal 3, Strategies A, B, and C. 33 Element 10, Goal 3, Strategy C, Action 1 34 Fact Book at 104-105. 8 Additional Letters Page 9 of 26 which can increase the cost of the design review process.35 Additionally, to the extent that specific design features or expensive materials are required, development costs will rise.36 Plan CC also proposes policies intended to promote a "sense of neighborhood," which appear to require specific design criteria, such as "interconnected development" and "unobtrusive parking solutions."37 To the extent that these design features are incorporated into the UDC as regulatory requirements, development costs could increase because developers will be required to incorporate these features into their plans. POINT 2: Plan CC proposes the adoption of a rental registration program and a "crime - free rental housing" program, both of which can place unfair demands on landlords and implicate constitutional and property rights issues for landlords and tenants. Goal 4 of the Housing and Neighborhoods Element states that "All housing is in good condition and is code -compliant." Two of the action items under the Goal 4's strategies are to establish a registration and inspection system for rental3properties and to adopt a crime free rental housing program based on a national or local model.i8 Rental registration ordinances typically require landlords to register properties with the local jurisdiction and sometimes require the landlord to obtain a license to lease the property, submit to periodic inspections, and pay a fee to cover the jurisdiction's administrative and inspection costs.39 The process allows the jurisdiction to hold landlords accountable for code violations and also allows the jurisdiction to ensure that rental units meet health and safety codes.40 It also allows the jurisdiction to be pro -active about maintaining housing and neighborhoods in good condition instead of merely responding to complaints from tenants or neighbors.41 Crime free rental housing programs have several common features, including some or all of the following: licensing of landlords, requiring installation of certain safety features, participation in training, use of a "crime -free" lease addendum that specifies certain conduct (whether engaged in by tenant, guests, or others) that will be a basis for eviction, requiring eviction of a tenant if prohibited conduct is discovered or a certain number of calls from or about the tenant are received by the police, and consequences (including potential fines or revocation of rental license) for violations of the ordinance.42 Some jurisdictions have adopted completely voluntary programs, some are mandatory, and others take a hybrid form in which the program becomes 35 Id. at 105. 36 Id. at 107. 37 Element 6, Goal 8, Policies. 38 Element 6, Goal 4, Strategy A, Action 2; Element 6, Goal 4, Strategy B, Action 1. 39 Fact Book at 150. 40 Id. 41 Id. at 152. 42 Emily Werth, the Cost of Being "Crime Free ": Legal and Practical Consequences of Crime Free Rental Housing and Nuisance Property Ordinances, Sargent Shriver National Center on Poverty Law (Aug. 2013) at 2-4, available at http://povertylaw.org/sites/default/files/files/housing justice/cost-of-being-crime-free.pdf, last accessed July 8, 2015. 9 Additional Letters Page 10 of 26 mandatory in certain property types (i.e. multi -family housing) or after a property has been the site of a certain number or type of criminal incidents.43 These two action steps potentially raise several issues of concern for the Realtors®. First, Plan CC does not discuss code enforcement, poor housing or neighborhood conditions, or criminal activity in rental housing as particular challenges that the City faces and needs to address. Other than the fact that many other cities have these types of ordinances, Plan CC does not point to any existing conditions within the City that make these action steps necessary to maintaining or achieving the goals of housing that is in good condition and code compliant.44 Second, these programs create additional burdens for landlords which may reduce the availability of rental housing stock and decrease affordability.45 Not only will landlords have to pay registration fees but the costs of property maintenance and supervision will also likely increase. In a city, like Corpus Christi, with significant housing affordability concerns, initiatives that increase the cost of and decrease the supply of rental housing should be undertaken only after determining that they are necessary in that city, not just because they are approaches used elsewhere. Third, these types of programs may infringe on the rights of landlords and their tenants. Such programs implicate the protections against unreasonable search and seizure under the Fourth Amendment to the United States Constitution. Even civil inspections are subject to Fourth Amendment protections, and require a warrant, owner or tenant consent, or an imminent health or safety threat.46 In many instances, property owners in jurisdictions that have rental licensing programs are forced to choose between consenting to a search program (by registering and/or obtaining a license to operate as a rental) or not being permitted to legally rent their property. These programs also infringe on the property rights of landowners. Property rights are often described as a "bundle of sticks" in which each stick is a particular right associated with property ownership: e.g. the right of possession, the right to exclude others from the land, the right to dispose of the land either permanently by selling or temporarily by leasing.47 Although some regulations that restrict property rights are expected and accepted (e.g. environmental laws, zoning), the right to lease property is not one of the "sticks" that has traditionally been restricted. Furthermore, the crime -free programs attempt to shift policing duties to landlords. While residents of owner -occupied homes are free to use city services without fear of repercussion, landlords and tenants are subjected to an alternate policing system where there are significant repercussions for utilizing basic city services. This places an unfair cost on landlords (as well as 43 See e.g., San Bernadino, California, Crime Free Multi -Housing Program, https://www.ci.san- bernardino.ca.us/cityhall/community development/code/crime free multi family housing program/default.asp; Sunnyside, Washington, Municipal Code, Section 5.02.040, http: //www. codepubli Shing. com/wa/sunnyside/html/Sunnyside05/Sunnyside0502.html#5.02.040. 44 See Element 3 and Element 6. 45 See Fact Book at 155. 46 Camara v. Municipal Court of City & Cly. of San Francisco, 387 U.S. 523 (1967). 47 See Denise R. Johnson, Reflections on the Bundle of Rights, 32 Vt. L. Rev. 247 (2007). Additional Letters Page 11 of 26 putting landlords in potentially dangerous situations in order to preserve the right to lease their property). It also can have disastrous consequences for tenants who may forego reporting crimes against them for fear of losing their housing.48 POINT 3: (Note: In original Plan) Plan CC proposes the creation of a redevelopment agency that could be given eminent domain power, infringing on private property rights. Plan CC calls for the City to consider creating a development agency "in designated areas of the city where redevelopment is desired, such as the Urban and Neighborhood Village locations."49 This action step further states: Corpus Christi does not have a redevelopment agency that can act to accelerate redevelopment in desired locations by making and implementing plans that require land assembly and improvements in order to attract and leverage private investment...One approach would be to use Texas Local Government Code Chapter 374 [The Texas Urban Renewal Law]."5° The Texas Urban Renewal Law authorizes a municipality to remove slum and blighted conditions through eminent domain.51 Although the Texas statute provides some limitations on the use of eminent domain to take properties that are not blighted, overall, it appears to permit the City to take property for redevelopment by a private entity.52 The possibility that Corpus Christi will create a redevelopment agency under the Urban Renewal Law raises significant property rights concerns. While it is important that the City have the necessary tools to implement Plan CC, those tools should not be used to eliminate private property rights. A redevelopment agency could certainly be a valuable tool for promoting redevelopment of the downtown area and promoting the development of Urban and Neighborhood Villages. However, that agency should focus on acquiring and assembling property through other means and on providing guidance and assistance (in the form of public-private partnerships) to facilitate desired development. POINT 4: The proposed transition of certain areas from residential to non-residential uses to increase compatibility with nearby military, industrial and aviation uses raises potential concerns. Military Compatibility Area Overlay District Goal 8 of the Future Land Use Element calls for regulations to protect military and civilian airport uses. One action step proposed is to create a Military Compatibility Area Overlay District (the "MCA"), as recommended by a Joint Land Use Study conducted by the City and the Department of Defense in 2013 to identify certain land uses that are incompatible with the naval 48 For further discussion see Werth, supra n.42. 49 Element 11, Goal 4, Strategy A, Action 1; see also Element 6, Goal 7, Strategy A, Action 1. 5° Element 11, Goal 4, Strategy A. 51 72 Tex. Jur. 3d Urban Renewal § 1 (2015). 52 David B. Brooks, Tex. Prac., Municipal Law and Practice § 19.12 (2d ed. (2014). Additional Letters Page 12 of 26 air station operations (the "JLUS").53 It recommended the adoption of a Military Sustainability Master Plan Element in the comprehensive plan and recommended establishing the MCA, over the areas shown on Fiure 2 of the JLUS, to restrict land uses that are incompatible with various aspects of operations. 4 The MCA would permit those land uses that are generally considered compatible with the military airfields and the Corpus Christi International Airport – light industrial, commercial, agricultural, parks, and low-density residential – but would not permit other uses. The MCA would also regulate density and height of structures in order to improve compatibility with the airfield. Transition Special Districts for Aviation and Industrial Areas The Future Land Use Element calls for "transitions from residential enclaves to nonresidential uses ... in industrial and aviation special districts." The Future Land Use Map identifies two areas — Transition Aviation Special District and Transition Special District — as areas where residential uses, deemed incompatible with industrial and aviation uses, are to be "transitioned" to nonresidential uses. The "Transition Aviation Special District" is located south of the Corpus Christi Naval Air Station on Flour Bluff.55 The "Transition Special District," also described as the "Special I-37 Transition District"56 is designated as the area north of Interstate 37 and west of the Harbor Bridge.57 This area is adjacent to oil refinery operations and other industrial uses.58 Concerns about MCA and Transition Districts These proposed changes could have a significant impact on property values within those areas. This is due to the limited uses that would be permitted in those areas and, within the Transition Districts in particular, the explicit goal of "transitioning" existing residential uses elsewhere. With respect to the intended uses in the MCA, Plan CC notes that there is little demand for additional office space59 and has not raised a lack of available industrial sites as an issue. Insufficient demand for the permitted uses may significantly depress the values of properties that are suitable for other uses but rezoned into the MCA. Landowners whose property is already developed with a use or structure that becomes nonconforming as a result of being placed in the MCA or one of the Transition Districts could find it extremely difficult to recoup the value invested in the property, assuming that there is likely to be low demand for allowed uses and significantly reduced value for nonconforming uses. Transitioning these areas away from residential use is intended to promote economic opportunities in the City by removing incompatible uses. Plan CC notes that residents in the 53 Element 10, Goal 4, Strategy A, Action 2; NAS Corpus Christi: Joint Land Use Study ("JLUS"), at 42, Table 2, available at http://www.ccjlus.com/images/documents/NASCC%20JLUS%20Final sm.pdf, last accessed July 9, 2015. 8 4 JLUS, supra n.53 at 27, Figure 2. 55 See Future Land Use Map at Exhibit 10.10 on p. 10-35. 56 See Element 10, Goal 1, Strategy B, Action 1. 57 See Future Land Use Map at Exhibit 10.10 on p. 10-35. 58 Id. 59 Element 6 at 6.9. Additional Letters Page 13 of 26 proposed Transition Aviation Special District and in the Special I-37 Transition District are largely low-income tenants and owners and recognizes that a fair process is needed for this transition to happen. It suggests providing incentives to residents60 and financial support from private organizations to residents.61 It is unclear how practical these suggestions are and whether sufficiently attractive incentives could be created to encourage large numbers of residents to move to other areas of the City. As a good source of knowledge and experience concerning the commercial and residential real estate markets, the Association should request to be part of any working group organized to further these goals. Even if the City succeeds in efforts to transition these areas away from residential use, Plan CC does not identify how "hold -outs" will be addressed. For example, does the City contemplate using a redevelopment authority to declare hold-out areas as blighted and use eminent domain to displace property owners and residents so their property can be taken and assembled into parcels for transfer to a new private owner? The Association should note its concern over the potential that the City will try to use eminent domain to achieve this the transition using eminent domain powers if the proposed action items are not successful in accomplishing a full transition. POINT 5 Element 8, calls for "orderly growth in the southern [extra -territorial jurisdiction]." The City's authority to regulate growth in the extra -territorial jurisdiction ("ETJ")62 is limited to its subdivision regulations; it cannot zone in this area.63 To achieve this goal the plan proposes to amend the UDC to create a "Rural Enterprise" zone with a maximum density of one dwelling unit per twenty acres and a certain number of uses permitted by special permit; require newly annexed areas to be automatically zoned as Rural Enterprise; not permit rezoning from Rural Enterprise until water and wastewater services are provided; and not permit water lines to be extended to an area unless there is a commitment to bring wastewater lines within three years.64 The areas proposed to be annexed by 2020 are shown as A and B on Exhibit 10.14 (the "Annexation Areas") and are located in the southern ETJ.65 Annexing these two areas is a short-term goal to be completed by 2020.66 Until that happens, any problems associated with a lack of zoning will continue to exist and could be compounded by additional development. In the discussion of land use challenges, Plan CC identifies issues with proper soil conditions for septic systems and the high demand for large single-family homes 60 Element 11, Implementation Matrix at 11.51. 61 Element 10, Goal 5, Strategy A. 62 The ETJ is the unincorporated area within five miles of the city limits. Texas Loc. Gov't Code § 42.021. 63 Element 10, C. Challenges, 4, at 10.14. See Corpus Christi, Unified Development Ordinance, § 3.8.1. It may also be possible for the City to require building permits and enforce its other construction related ordinances. See Terrence S. Welch et al., Municipal Regulation of the ETJ, Brown & Hofmeister, LLP, available at http: //www.bhlaw.net/8%20MUNICIPAL%2OREGULATION%20ETJ%20- %2000G%20Basics%20of%20Planning%20and%20Zoning%20%20April%202005%20Edition.pdf, last accessed July 10, 2015. 64 Element 10, Goal 6, Strategy A. 65 Element 10, Goal 6, Strategy B. 66 See Element 11, Implementation Matrix for Element 10, Goal 6. Additional Letters Page 14 of 26 (due to good schools and lower land costs) which have the potential for "chaotic" development patterns which "can make providing services and infrastructure more costly than necessary" if the area is annexed.67 Through the City's subdivision regulations and its building regulations, however, it appears that the City should be able to require proper septic system design, proper road design and construction, sufficient access to properties for emergency services, and proper utility service be provided to all new development in the ETJ, even prior to annexation. Automatically zoning all parcels in newly annexed areas as Rural Enterprise may unnecessarily restrict future development. Although the authors of Plan CC provided an analysis of available land for development for land within the City limits,68 it has not provided a similar analysis for the development potential of the Annexation Areas at the proposed density. Therefore, it is unknown how much development can be accommodated at the Rural Enterprise density of 1 unit per 20 acres. Also, the plan does not detail what other zoning requirements may be imposed which could make existing legally created parcels and development nonconforming. The provisions requiring water service plus a commitment to bring waste water service before an area can be rezoned out of Rural Enterprise to allow denser development may effectively preclude such rezoning from taking place. Water and wastewater services are not typically extended unless there is sufficient density to justify and offset the cost of the extension. Under the low density Rural Enterprise zoning, the thresholds at which extending service makes sense may not be reached, which means these areas will not be able to satisfy the preconditions to be eligible for rezoning to accommodate additional density. The Annexation Areas are proposed for annexation precisely because they are areas already developing as residential enclaves. Plan CC includes as one of its land use principles, "locate new residential developments adjacent to and connected to existing development."69 The density restrictions proposed by Plan CC for the Annexation Areas appear to be contrary to this principle. The Plan CC proposal to zone annexed areas at the low Rural Enterprise density would also apparently apply to any other areas identified for future annexation. Over time, this policy may significantly reduce the potential growth and development of the City. POINT 6: The "road -diet criteria" that Plan CC recommends for evaluating potential impacts on adjacent road networks and neighborhoods should be established before any "road -diets" are undertaken. To further the goal of an efficient and safe transportation network (Element 8, Goal 1), Plan CC calls for "road -diet criteria" to be established to evaluate any impacts on adjacent road networks or neighborhoods. The road -diet concept was previously introduced in the Mobility CC plan. Mobility CC is the transportation element of the current comprehensive plan. Plan CC calls for 67 Element 10, C. Challenges, 4, at 10.14. 68 Element 10, at 10.8. 69 Element 10 at 10.31. Additional Letters Page 15 of 26 certain parts of Mobility CC to be revised or reconsidered but it appears that Mobility CC will continue to be implemented alongside the other goals and actions proposed in Element 8.70 A so-called "road -diet" is the redesign of a roadway (typically a four lane road) in which a travel lane is removed and the space is dedicated to other uses, such as a two-way left turn lane, bicycle lanes, pedestrian islands, transit, or parking.71 The purpose of reconfiguring the lanes is to increase safety for all roadway users, not to restrict capacity for vehicles in favor of other modes of transportation.72 Mobility CC previously identified several corridors as subjects for a "road -diet." Plan CC calls for a review of this list, identification of other potential corridors that should be considered for a road -diet (in conjunction with the proposed creation of Urban and Neighborhood Villages), and proposes a quantitative analysis for determining impacts to capacity on adjacent networks and neighborhoods.73 While the concept of a "road -diet" is not necessarily objectionable by itself, the City should be sure that no adverse traffic impacts are caused by their implementation. To the extent that applying a "road diet" to a particular corridor leads to changed traffic patterns and increased congestion on alternate routes, it can have potential impacts on development potential and costs. Based on the recommendations in Plan CC, it appears that Mobility CC did not adequately evaluate impacts to adjacent neighborhoods and road networks. If implemented, Plan CC's recommendation to develop and apply "road diet criteria" should serve to increase the safety of the transportation network by implementing "road -diet" design, while also ensuring that the capacity of the corridors remains sufficient for existing and future vehicle trips made along the corridor and that there are no unintended consequences to adjacent areas. Realtors should insist that the "road diet" program not move forward unless and until such criteria are developed and applied to evaluate the potential negative effects of imposing a "road diet" on a given corridor. POINT 7: Incentives provided to facilitate preferred development are more desirable than mandates, but should be designed not to disadvantage other types of development. Plan CC recognizes that the desired types and locations of development may not be realized entirely through market forces alone. It suggests the use of incentives to overcome barriers to certain types and locations of development. For example, to support Goal 2 of the Housing Element ("Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle."), Plan CC proposes that the City assist in land assembly for affordable housing, that the City engage in public-private partnerships by contributing infrastructure or streamlined zoning review for developments that meet housing goals, and that the City create a 7° Mobility CC can be found on the City's website at http://www.cctexas.com/Assets/Departments/PlanningEnvironmentalServices/Files/MobilityCC.pdf, last accessed July 13, 2015. 71 FHWA Safety Program, Road Diet Informational Guide, U.S. Dept. of Transportation, Report No. FHWA-SA-14- 028, Nov. 2014, available at http://safety.fhwa.dot.gov/road diets/info guide/rdig.pdf, last accessed July 13, 2015. 72 Id. 73 Element 8, Goal 1, Strategy A, Action 4. Additional Letters Page 16 of 26 Neighborhood Empowerment Zone to provide tax abatements for construction of workforce housing.74 To promote Goal 5 of the Housing Element ("New and redeveloped housing is resource -efficient.") the plan calls for providing a per-unit discount for building permits for resource -efficient housing. In some places Plan CC suggests that incentives be identified in the future. Incentives can reduce development costs which can benefit developers through cost savings, residents through lower housing prices, and the community by providing the desired type and location of development. From the perspective of property owners and developers, incentives that make desired development types attractive and more profitable are a better approach than mandates used to require that development include certain amenities or characteristics. Ideally, incentives to develop in a particular way should not penalize or divert resources from permissible development. For example, Plan CC calls for supporting resource efficient housing by providing incentives such as permit streamlining. To the extent that permit streamlining for favored development means that local resources must be diverted from traditional permitting requests, the result may be that the streamlined process for the incentivized development causes delays for other development. In this case, waiver of permit requirements rather than fast -tracking the process may provide the desired incentive to the preferred form of development without increasing the burden on other forms of development. Comment: The Association should support the use of properly designed incentives, rather than mandatory requirements, to promote the type and location of development identified in the plan. However, the Association should note that some incentives can have adverse impacts, that may increase development costs for non -incentivized developments. POINTS REGARDING PLAN CC GENERALLY POINT 8: Plan CC does not appear to satisfy all of the requirements of the City Charter. Article V of the Corpus Christi City Charter requires the City to establish comprehensive planning in order to "guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city."75 To meet this requirement, the city council is required to adopt a comprehensive plan as the general plan.76 The comprehensive plan is required to have: A future land -use element An annexation element; A transportation element; An economic development element; A public services and facilities element, which shall include a capital improvement program; A conservation and environmental resources element; and 74 Element 6, Goal 2, Strategy E, Actions 1, 2, and 3. 75 City of Corpus Christi City Charter, Article V, Section 1. 76 Id. at Section 4. Additional Letters Page 17 of 26 (7) Any other element the city council may deem necessary or desirable in order to further the [objectives of Article V of the City Charter]." Plan CC would replace the assortment of plans currently in place in the City. Element 11, Goal 1 acknowledges the City Charter requirements, specifically noting the required plan elements.78 Nonetheless, Plan CC appears to omit required elements. Plan CC does not contain an Annexation element, even though annexation is discussed in other plan elements. For example, Goal 6 of the Future Land Use Element addresses anticipated development in the Annexation Areas and Exhibit 10.14 shows the locations of two planned annexation areas (and one designated for an industrial agreement instead of annexation).79 While these and other discussions in Plan CC address the topic in certain respects, the City Charter clearly calls for a separate annexation element.80 Similarly, the public facilities element of Plan CC does not contain a capital improvement program or discuss plans for developing a capital improvement program. A Capital Improvements Plan or Program ("CIP") is used to assess capital facility needs against the plans goals and policies on a shorter planning horizon, typically five years.81 It is an important tool for the implementation of a comprehensive plan because it identifies, prioritizes and assigns funding to planned capital projects.82 Rather than ensuring that it conforms to the requirements of the City Charter, the first proposed action step under the strategy for adopting the new long-range plan is to amend the City Charter and existing ordinances to align them with Plan CC.83 Plan CC does not explain why the City Charter should be amended to exclude the missing annexation and capital improvement program elements from the City's comprehensive planning requirements. The annexation element and CIP are important planning tools, and Plan CC also does not explain how the City intends to address these subjects adequately outside of the comprehensive plan process. 77 Id. 78 Element 11, Goal 1 at 11.5. 79 Element 10 at 10.51-10.53. 80 The City has an Annexation Plan, adopted in December 1999 (see City of Corpus Christi, Resolution Adopting the Annexation Plan Required by Section 43.052, Local Government Code, available at http://www.cctexas.com/ Assets/Departments/PlanningEnvironmentalServices/Files/Adopted%20City%20Annexation%20Plan.pdf, last accessed July 8, 2015) as required by Texas statute (see Texas Loc. Gov't Code § 43.052 (requiring the adoption of an annexation plan in order to annex properties but excepting certain annexations from these procedural requirements)), which states that the City has no plans to annex any areas subject to the statutory requirements. 81 Vicki Elmer, Capital Improvement Plans and Budgets, Lincoln Institute of Land Policy, at 4, available at https://www.lincolninst.edu/subcenters/teaching-fiscal-dimensions-of-planning/materials/elmer-CIP.pdf, last accessed July 8, 2015. 82 University of Wisconsin Stevens Point, Center for Land Use Education, Planning Implementation Tools: Capital Improvement Plan, Sept. 2008, available athttps://www.uwsp.edu/cnr- ap/clue/Documents/Planlmplementation/Capital Improvement Plan.pdf, last accessed July 8, 2015. 83 Element 11, Goal 1, Strategy A, Action 1. Additional Letters Page 18 of 26 POINT 9: The implementation of Plan CC relies heavily on the reinstatement and expansion of the City's Planning Department, which may not be feasible. Element 9 states that "a new Planning Department is in place" and that it will be given "a proactive role in coordinating initiatives to implement comprehensive and other plans."84 Plan CC calls for the staff of the reinstated Planning Department to include a planning director, a land use planner, an urban designer, a housing planner, a transportation planner, a neighborhood/district planner and a long—range planner.85 The implementation element lists this as a short-term goal, to be achieved between 2015 and 2020.86 The City currently has a Development Services Department that provides support to the Planning Commission and to the public for permitting and regulatory activities.87 The City used to have a Planning Department that was part of the Development Services Department. The Planning Department was separated from the Development Services Department in order to focus on completing this comprehensive plan update, and then was eliminated in late 2013 or early 2014 when the planning function was privatized.88 Given the recent elimination of the department, Plan CC's goal of reinstating the City's Planning Department and hiring dedicated staff with significant expertise in various aspects of community planning may be too ambitious. The City may find it difficult to attract (and pay for) a new staff of at least seven professionals with the necessary skill sets, particularly in light of the City's fluctuating treatment of that department in recent years. It may also be politically difficult to reinstate a department that was recently eliminated in favor of outsourcing these planning duties to private consultants. The possibility that the Planning Department will not be re-established quickly or easily poses a significant potential problem for the implementation of Plan CC, because so many of the action steps are delegated to the new planning depai tnient.89 If the planning department is not reinstated as proposed, it is not clear whether other City departments or private consultants may be able to undertake the proposed actions. POINT 10: Plan CC needs further editing before it is adopted. Plan CC contains some poorly drafted goals and a significant number of typographic errors, both of which suggest that additional review and editing of the plan is needed before it is finalized for adoption. 84 Element 11, Goal 3 and Policy. 85 Element 11, Goal 3, Strategy B, Action 2. 86 Element 11, Implementation Matrix. 87 See generally City of Corpus Christi, Development Services website at http://www.cctexas.com/government/development-services/index, last accessed July 14, 2015. 88 See Element 11, Goal 3; see also Matt Dietrichson, Corpus Christi may outsource more of planning department, Houston Tomorrow (Aug. 30, 2013), available at http://www.houstontomorrow.org/livability/story/corpus-christi- may-outsource-most-of-planning-department/, last accessed July 8, 2015. 89 See Element 11, Implementation Additional Letters Page 19 of 26 BASGI Comments on 2nd Draft Corpus Christi Plan 2035 Our Vision: 1 (lP) "Employment opportunities abound in public, private and non-profit sectors of the community." (Corpus Christi has a diverse market with many jobs in the public and non-profit sectors.) The Principles: Promote good health: rather than term medical care, use broader term of health care, which encompasses medical and related. There is excellent policy guidance from AARP, Livable Communities, that addresses impacts and needs of an increased population of older citizens and their desire for quality of life. The term Livable Communities should be incorporated, as it mirrors many of the principles of Smart Growth, and is frequently a City initiative. Element 1: Goal 7: add "including accessibility" Element 2: Goal 6: Policy: Affordable housing preservation is part of this planning. Element 3: No recommendations, at this time. Element 4: Add Go& 6: "Establish a public-private initiative to address affordable rental housing." Policies: Provide support for stakeholder interests to convene and define housing affordability, determine housing market options and potential public and private investment opportunities, provide current data on level of rental housing availability by income category and need, and develop a data base to help identify the level of affordable housing in each Council District. Conduct a Citywide Impact Assessment in readiness for the (new) HUD Fair Housing Act requirements prohibiting income segregation within PJs. The Consolidated Plan to be developed for 2018 will contain provisions for analysis and plan. The City's current Con Plan has no plan to address the finding that only 10% of the housing stock in 2013 was affordable to individuals and households at 30% AMI (extremely low income category). Neighborhoods: Goal: Adopt the policies and strategies within the "Missing Middle" to developing affordable housing, increased density, mixed housing, and creative financing in urban areas. Additional Letters Page 20 of 26 Policy: Plan for and support housing choices that recognize and encourage the addition of multiple housing options within the housing continuum —the large missing middle in Corpus Christi - between "multi -family housing" on the one end and traditional "single-family housing" on the other. (See information provided to Planning Commission.) Element 5: No recommendations, at this time. Element 6: Goal 1: Policies: Destinations are easily connected by accessible paths of travel and a diversity of modes of travel, both private and public. Enhance transportation options with the addition of water transportation, developed with public-private investments. Support the MPO Active Mobility Plan. Element 7: Policy: Annexation must be supported by an urban growth boundary policy and strategy. See element 8. Element 8: Established metropolitan boundaries, identified as urban growth boundaries, which may be expanded into the ETJ through annexation only when infill development within the City has reached a pre- identified level of attainment. The amount of vacant and near vacant land within City boundaries provides tremendous "in-pansion" possibilities. Incentives for property owners, developers and investors must be developed as part of boundary growth regulation. City priority must be to maintain and upgrade what we currently have that has been neglected (under a deferred maintenance practice) and will continue to degrade the Central City. The Chapman Ranch annexation is counter to orderly and planned development and should be reversed. Additional Notes: 1. Please see previous statements of support and recommendations to the initial Draft Plan by BASGI. 2. Bay Area Smart Growth supports the recommendations of the Sierra Club. 3. The second draft CC Plan 2035, although streamlined to address only Elements, Goals and Priorities, has unfortunately cut out a great deal of input and investment by the public and the consultants. We are concerned that removing the strategies and activities will undermine implementation of a comprehensive plan that has been based in public review, input and overall acceptance. Additional Letters Page 21 of 26 Tr t_()3/1_ Honorable Mayor Martinez and City Council Members, Today I am here to represent Santa Cruz Partnership of the Chapman Ranch and voice their concerns over the Second Draft of PIanCC2035. The First Draft of PIanCC2035 clearly stated there was more than ample room for Corpus Christi to grow within its 2014 boundaries for at least 20 years no matter how optimistic the scenario. The second draft eliminates any references to containing geographical growth and instead suggests an additional 8,000 acres be annexed and purposed as planned development. Both Drafts fail to identify any City plan for the Chapman Ranch Annexation leaving it as Rural Enterprise/Agricultural. These recommendations are contrary to the vision and principles stated for PIanCC2035 in numerous aspects. One incomplete section of the first draft also promised that projected costs of the plan and alternatives would be forthcoming. They are not part of the Second Draft nor is this practical measurement mentioned. Applicable Principles defined by the plan that are in conflict with the Chapman Ranch Annexation and its designation as rural agricultural use include: 1. Be Strategic: The Chapman Ranch Annexation demonstrates the exact kind of leap frog annexation and low utilization of the required infrastructure discouraged by the First Draft. 2. Be Cost Effective: The City turned down $13 million to not annex the Chapman Ranch and now have an obligation of $21 million to provide infrastructure with no revenue to pay for it. 3. Act Transparently: City leaders refuse to have an open council discussion on disannexation of the Chapman Ranch despite the fact that the City's objections have been resolved_ 4. Be Accountable: The first and second draft plan for Chapman Ranch offer no opportunity for development or utilization to produce wind power, this is a taking of private property rights without compensation. In addition the imposition of $21 million of infrastructure and debt costs on rate/taxpayers without public hearings or discussions avoids transparency and accountability. 5. Pursue goals through Partnerships: The City has refused to negotiate in good faith with either the landowners or the wind farm company. If the City wants to encourage the Chapman Ranch to be developed we stand ready to hold discussions_ 6. Be Business Friendly: The City turned down $13M in lieu of taxes and tried to drive away a company that wanted to invest $500M in our community. That is not very business friendly. A suggestion was made during the input section on the Second Draft that a second pathway to the island be included in the plan. The City's also made a recent financial contribution to a feasibility study by the Municipal Planning Organization to build the section of the Southside Mobility Corridor from the Crosstown Expressway to Padre Island. These actions along with the insistence that the Chapman Ranch Wind Farm would interfere with southward growth within 30 years (the lifetime of the wind farm) indicate that City leaders plan to expand in the Chapman Ranch annexation in the foreseeable future. While both of these are contrary to Additional Letters Page 22 of 26 consultant recommendations and public input regarding expansion of city boundaries, the Chapman Ranch owners are more than willing to discuss the expansion of these plans. The City has made clear it opposes wind turbines in the annexed area and Apex has withdrawn any plans to place turbines in the area. The First and Second Draft of PIanCC2035 both designate the Chapman Ranch as Rural Agricultural/Rural Enterprise while the Second Draft upgrades other lands designated Agricultural/Rural Enterprise in the First Draft as Planned Development. Leaving the Chapman Ranch designated as agricultural/rural enterprise is a restrictive designation that does not allow the owners to develop their property. Denying the ability to erect wind turbines or to develop the property, limits the income potential of the property to the point of constituting an illegal taking without compensation. The proposed path of the Southside Mobility Corridor clearly transverses the Chapman Ranch Annexation (see map) land mass. The extension of the Crosstown Expressway (SH286) to the island would create a natural junction at the corner of CR70, the main route to Bishop and Kingsville. The desirability of new residential and commercial developments in this area within the London School District and fifteen minutes from downtown Corpus Christi, Padre Island (across a new bridge) and Kingsville are obvious. Therefore we ask that PIanCC2035 be altered to recommend one of two courses. 1. Disannexation of the Chapman Ranch: Disannexation would relieve the City of a $21 million capital cost program and additional costs related to providing public safety services, solid waste, road and storm water maintenance. Disannexation would, return the property to its rural use and still be free of wind turbines. 2. Promote Development of the Chapman Ranch: Recommend the Chapman Ranch be designated as Planned Development and provide infrastructure to the intersection of 70 and 286 or allow the creation of Municipal Utility Districts to allow development to occur in the City identified growth corridor without capital cost to the city." Additional Letters Page 23 of 26 E EIVED OCT 152015 CIWCRR's )FRCE Corpus Christi City Council 1200 Leopard Street Corpus Christi, Texas Sierra Club Coastal Bend Group PO Box 3512 Corpus Christi, TX 78463-3512 October 13, 2015 RE: PLA/442035 October 13 public comment The Sierra Club Coastal Bend Group strongly supports the original draft PIan2035. We encourage the City Council to adopt that original and more complete version of the plan. This currently proposed P1an2035, however, does contain several sentences that recognize the importance of taking environmental issues into consideration, and this helps secure Plan2035 as deserving of community support. Reportedly this plan cost close to $100,000, not including the significant volunteer time given by many citizens. It would be a mistake to not approve the plan. It would also be a mistake to further reduce or dilute the recommendations of the paid consultants and volunteers merely to accommodate those who threaten to avoid P1an2035 recommendations by developing and building out side of the City limits, or by others who simply do not like any change from business as usual. There must be positive reasons for homebuyers to want to live inside the City limits, and Plan2035 is a strong step in the right direction. Attached to this cover letter is a brief analysis of currently proposed draft Plan2035 Sincerely, Ofec C Lois Huff, Chair Sierra Club Coastal Bend Group 361-774-1500 lch784@gmail.com Additional Letters Page 24 of 26 Natural Systems. Parks and Remotion GOAL: Natural Systems. NOTE: Policies for decision makers appear to be positive and to provide good direction. GOAL: Urban, Item 6. NOTE: "Give priority to DIVERSE native tree planting...." (Add "diverse") GOAL: Open Space, Parks and Recreation, Goal 8, high quality and well maintained green spaces. "Continue to seek partnerships and sponsorships to support park maintenance. NOTE: Partnerships and sponsorships would be best used to enhance not merely provide park maintenance. Resilience and Resource -Efficiency GOAL: Resilience. NOTE: Promotion of protection of barrier beaches and dunes is important as noted. Development of additional bridge to Padre Island shown on several P1an2I135 maps, must honor this goal. GOAL: Resource Efficiency. NOTE: Policy Item 4. Add "Recommend that builders/developers consider designing houses to take advantage of prevailing winds, allowing homeowners to reduce dependence on air conditioning when possible." Housing And Neighborhoods GOAL: Neighborhoods. NOTE: Item 6. Much much more is needed than one sentence to encourage infill development. The City needs to completely change the way utilities are planned and paid for, removing the burden from the developers/building; this would allow the City to plan where to develop, or re -develop, by seeing that the utilities are in place for new development and that infill development no longer requires a builder/developer to pay for the increased cost of providing utilities in older areas. Transuortation and Mobility GOAL: Efficient and safe transportation network. NOTE: Add additional policy: Support bicycle routes that promote safe biking to and from the workplace. Community Igstrug, Facilities and Services. GOAL: Storm water and drainage system, Item 4. NOTE: Promote reduction of pollutants "and litter" in the Bay....(add "and litter.) Additional Letters Page 25 of 26 GOAL: Solid waste, item 5. (Community Infrastructure. Facilities and Services). NOTE: Add additional policy: "Encourage entrepreneurial reuse of collected recycled items. 1pfr-astructure. Facilities and Services GOAL: Water -Resource management, item 1. NOTE: Strategic approach needs to include funding options. (See Note on Neighborhoods.) GOAL: Storm Water and Drainage System, item 4 NOTE: Change "Review the creation of a more equitable billing system" to "Create a more equitable billing system." GOAL: ADA compliance, item 7 NOTE: The ADA is 25 years olds; perhaps the word "quickly" or "immediately" should be added. Add an item, Conduct an audit to identify remaining non-compliant spots. Future land Use. Zoing, and Urban Design, GOAL: Annexation plans. Item 6 NOTE: Until our current roads are all in good order, and our infrastructure/utilities are in good order, no annexation should take place. Recently annexed land in Chapman Ranch area should be de -annexed. GOAL: Environment and Resilience. NOTE: Preserve and protect "local watersheds and other" environmentally sensitive land and water. (Add local watersheds and other) GOAL: Future Land Use map. NOTE: De -Annex the Chapman Ranch area, and delay planned development on the South Side. FEMA maps, transportation issues and large amounts of infill property all provide support Stewardship gild Implementation of thg Plan GOAL: Regular public review. NOTE: Very likely the only people who will attend are those who benefit financially; somehow the new planning department needs be supported in their efforts to follow this plan, perhaps by providing incentives to those in the industry who will be most helpful by assisting and not resisting. GOAL: Funding NOTE: Have a grant writer, who works with other City grant writers, dedicated to finding and securing grants related to PLAN2035 Additional Letters Page 26 of 26 Plan CC Comprehensive Plan 2035 pj cc City Council Briefing October 27, 2015 Schedule 0 PLAN cc • October 13 - Presentation & Public Hearing • October 19 - Council Members Submit Comments • October 27 - Discussion ❑ Motions of Direction for Changes to the Plan • November 10 - Pt Reading of Ordinance • November 17 - 2nd Reading of Ordinance Proposed Review Process 0 PLAN CC • Provide direction to staff via Motions of Direction • Consider Planning Commission's Recommendations • Consider Public Input during last meeting • Consider Council Member suggested changes. • Staff integrates all approved changes into draft document that will be attached to Ordinance Changes for Consideration 0 PLAN cc • Planning Commission's Final Report — 77 total Planning Commission comments — 43 out of 77 comments have proposed changes — On the 3 highlighted comments, Planning Commission did not agree with the Staff recommendation • Can treat the Planning Commission recommendations like a consent agenda — Pull items from the report that need to be discussed separately — Approve the list of Planning Commission's recommended changes Changes for Consideration 0 PLAN CC • Comments submitted after Planning Commission's Final Report was completed — Letters — Public Comments made at the Oct. 13th public hearing Changes for Consideration 0 PLAN cc • Any changes suggested by City Councilmembers Backup Slides 0 PLAN cc • Summary of Planning Commission's Final Report • Summary of Public Input from Oct. 13th Meeting • Summary of City Council Member Input MEMORANDUM PLANNING COMMISSION'S FINAL REPORT To: The Honorable Nelda Martinez, Mayor Thru: Ron Olson, City Manager Gustavo Gonzalez, P.E., Assistant City Manager of Public Works and Utilities Mark Van Vleck, P.E., Executive Director of Utilities From: Philip Ramirez, A.I.A., Chairman, Planning Commission v,_ Date: September 23, 2015 Subject: Planning Commission Recommendations on Plan CC The City Charter requires the Planning Commission to review the proposed comprehensive plan and make a recommendation to the City Council before the City Council can adopt it. On August 12, City staff and the planning consultant presented the draft comprehensive plan, Plan CC, to the Planning Commission and public. A public hearing was conducted, affording the public an opportunity to provide additional input beyond written comments submitted previously. After the public hearing, each Planning Commissioner submitted his/her individual proposed changes to Plan CC in writing to City staff. Staff compiled the commissioners' proposed changes and presented them for review and consideration amongst all Planning Commissioners at the subsequent regular meetings on August 26 and September 9. The Planning Commission discussed each commissioner's proposed change and then voted on whether or not to recommend that the change be incorporated into Plan CC. The Planning Commission also voted on whether or not to incorporate changes recommended by the public. Recommended changes resulting from public comments are identified and the public comment ID number is referenced. Enclosed is a spreadsheet listing all of the changes to Plan CC that the Planning Commission discussed and recommended for incorporation into Plan CC. This report serves as the official recommendation of the Planning Commission. PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation Element 2 — Natural Systems, Parks & Recreation: 1 Braselton Page 13, Goal 1 — eliminate Oso Bay and Oso Creek as "swimmable." Replace "fishable and swimmable" with "meet EPA Water Quality Standards for their specific designated uses." The source of Oso Bay and Oso Creek bacteria has not been determined. Currently there is a TMDL/I-Plan underway for Oso Bay/Oso Creek for bacteria. This process will determine the source of contamination and include activities to address and restore the designated use for Oso Bay/Oso Creek which is "Contact Recreation." The language regarding these natural systems should not include that they are fishable/swimmable but that they meet EPA Water Quality Standards for their specific designated uses. Concur with Staff Recommendation. It was questioned whether the Oso Bay and Oso Creek will ever meet EPA standards for "contact recreation." 2 Baugh Page 14 - Supporting a fitness program to incorporate bike and walk trails into the park systems. No change. Plan CC includes policy to implement the Parks & Recreation Master Plan. Goal #3 of the PRMP calls for introducing new recreation facilities and opportunities that reflect evolving demographic and recreation trends, such as: trails, off-road biking, fitness programs, among others. No change 3 Baugh Page 14 - Include the upgrade and addition of activity/sports complexes throughout the city districts to attract tournaments to our area. No Change.Qfhis would be more of a strategy for Goal 1, policy point 2, in Element 5 "Diversifying the Economy...", which says to "Support market diversification by the tourism industry." The first draft of Plan CC identified sports tourism as a strategy. No change. It was noted that the Convention & Visitors Bureau is now working on expanding sports tourism. 1 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 4 Ramirez Page 13, Goal 1 under Natural Systems -- 2nd Bullet Point reads "Support initiatives to improve water quality so that shellfish beds are open throughout the city and can thrive throughout the Bay." This does not read clearly; not sure this is what was intended. Amend the statement as follows: "Support initiatives to improve water quality so that shellfish beds are open throughout the thrive throughout the Bay." Concur with Staff Recommendation city and can 5 Ramirez Goal 8 under Open Space, Parks & Recreation (Page 14) — Consider adding bullet point to suggest a reduction of the total number of parks that aligns with Parks & Recreations plan to downsize the inventory of underutilized parks. No change. This concept is already in the Parks and Recreation Master Plan, which Plan CC suggests to implement as one of the policies of Goal 7. No change Element 3 — Resilience & Resource -Efficiency 6 Braselton Page 17, Goal 4 — Less emphasis on Governments subsidized "renewable energy" and more on fossil fuel energy (i.e. natural gas) so abundant in our area. Upon PC's request, staff edited the Goal as follows: "...." Edit the 1st policy: "Make renewable- and clean -energy Concur with Staff recommendation options available to homes and businesses." Add a 2nd Policy - "Ensure residents and businesses are aware of the energy options available to them." Plan CC does not recommend "subsidized" renewable energy. Plan CC's goal is that renewable energy be an option for residents/businesses wanting to use it. For example, in 2010, the City created a zoning regulation to allow wind energy units at businesses and dwellings so that they can be permitted in the city while not creating nuisances. 7 Ramirez Page 17, Goal 3 under Resource Efficiency, 3rd Bullet Point — Consider adding language for the City to consider adding a line item in the project budgets of public facilities for energy efficient systems, similar to that of the 1.25% Arts requirement. No change. liThis is more of an action item for the Implementation Plan rather than a goal/policy for the Comprehensive Plan. But, the comment will noted for consideration in the Implementation Plan. No change 2 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 8 Ramirez Goal 6 under Resource Efficiency (Page 17), Third Bullet Point — Consider adding community gardens as an option in lieu of dedicated park land for new subdivisions and developments No change. This is more of an action item for the Implementation Plan rather than a goal/policy for the Comprehensive Plan. But, the comment will noted for consideration in the Implementation Plan. No change 9 Lippincott Add to Items 5, 7, or 8 — Expand enforcement and maintenance plans to ensure our beaches & parks are kept clean. Staff feels Plan CC already covers maintenance if beaches and parks. Beaches are managed by the Parks and Recreation Department. The Parks & Recreation Master Plan (PRMP) also identifies maintenance as an issue. However, under Goal 8 -- Add "beaches" in the goal and policy bullet point #1. Goal: "Parks, beaches..." Under the policy, amend Concur with Staff recommendation as follows: "Provide adequate resources for basic maintenance and operation of all parks, beaches, recreational facilities, and other green public spaces, as discussed in the PRMP, and for enforcement of City regulations that protect the quality of these public spaces." Element 4 — Housing & Neighborhoods 10 Braselton Page 20, Goal 1— "... housing policy to guide..." we have zoning ordinances that do this already. I would want a better explanation of the limits of "guide" and "policy". Recommend changing the statement to read as follows: "Corpus Christi has housing to Concur with Staff recommendation a comprehensive policy guide advise the City on development of quality neighborhoods." "Housing Policy" is about making sure everyone has good/decent housing. This is not meant to be a zoning ordinance. Housing policy can provide a set of approaches to achieve more affordable housing and efforts to create housing policy should include the public and private sectors in developing the policies. 3 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 11 Braselton Goal 7 – Eliminate references to "Urban Village." Our area is not conducive to walkable neighborhoods for climate and for retail availability. I hate to see money invested in a program that could easily not meet wide spread community support after a few fruitless years. No change. 1. The plan provides for a relatively small number of mixed-use, walkable centers—the mixed-use land use designation amounts to 4% of the existing city acreage. 2. Participants in the planning process generally supported the idea of having more choice in housing and transportation. 3. Over the course of 20 years, providing more diversity and choice in Corpus Christi will make the city more competitive. 4. Other Texas cities are establishing this kind of diversity and choice and attracting new residents. 5. Urban villages—which are simply modern versions of traditional neighborhoods that existed in Corpus Christi many years ago—would provide a choice that is increasingly desired by a portion of the housing market. 6. Both urban villages and downtown revitalization have to be supported by housing—tourism and office traffic is not sufficient. Access to nearby employment (such as the Christus Spohn Hospital complex) or colleges (such as the future southside campus of Del Mar) also attract people to urban villages. 7. There are many examples of successful walkable urban village style developments in Texas, as well as in other parts of the country. No change 4 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 12 Braselton Goal 8 — "mixed" neighborhoods are not acceptable to most city residents as it relates to apartments and single family — some degree of separation should be maintained such as in our present zoning ordinances. Upon PC's request, staff rephrased the policy as follows: "The design of new developments promotes a broader Concur with Staff Recommendation sense of neighborhood and community rather than creating isolated developments with a lack of interconnection ." Regarding mixed-use development: New design approaches, including transitions in height and density, are needed to create compatibility between single family and multi -family housing, as well as provision of amenities and walk -to neighborhood retail. 13 Baugh The plan should support the creation of local committees for each district. Committees made up of residence, developers and local leaders that can help coordinate the future plans and development. This will help determine what the end users wants or needs. This will allow the residence to buy -in to the future plan/development within their communities. It will create a sense of pride and involvement for the various districts. No change. Stakeholders will be involved in the updates of the various Area Development Plans. Also, see Goal 6, which calls for promoting the organization of neighborhood associations as part of helping to sustain and maintain established neighborhoods. Planning Boards by district are often found in cities much larger than Corpus Christi, but Plan CC suggests beginning to identify neighborhood associations. Corpus Christi currently does not maintain a list of homeowners or property owners associations, which could be valuable list of stakeholders to include in notifications or for input or to assist in implementing Plan CC. Concur with Staff Recommendation 14 Ramirez Page 20, Community Identify (think this should read "Identity") and Sense of Place. Fix typo. Concur with Staff's recommendation 5 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 15 Ramirez Page 20, Goal 8 under Community Identity and Sense of Place, Second Bullet Point — Suggest defining more clearly what is meant by "Facilities." Rephrase the statement as follows: "Ensure that safe Concur with Staff recommendation pedestrian and bicycle facilities routes are available in new and redeveloped areas." "Facilities" was technical language for sidewalks, bike lanes, bike routes, etc. -- any type of feature intended to aid the pedestrian or bicyclist. 16 Crull There needs to be more emphasis on affordable housing. Concur with Planning Commission's recommendation. The Implementation Plan will have more detail on how to provide affordable housing. However, Goal #2 addresses affordable housing and so does Goal #1 in speaking about creating "housing policy." Add "including affordable housing" to the end of Goal 2 so that it reads: "Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle, including affordable housing." 17 Lippincott Page 20, Add to Goal 6, 3rd Bullet Point — To keep them safe and free from crime. Staff recommends adding this phrase as suggested to read: "Promote the organization of neighborhood associations and community initiative to maintain neighborhoods and to Concur with Staff recommendation keep them safe and free from crime." Element 5 — Diversifying the Economy & Strengthening the Workforce 18 Villarreal Page 23, Goal #3 — Develop partnerships with local colleges/universities and industry to promote and utilize existing and new entrepreneurial programs. Add this as a policy under Goal #3. Staff suggests the word "use" instead of "utilize." Concur with Staff recommendation, but include business organizations, such as Young Business Professionals, not just colleges/universities and industry. "Develop partnerships with local colleges/universities, a -Rel industry and business organizations to promote and utilize existing and new entrepreneurial programs." 6 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 19 Ramirez Page 24, Goals 5 — Consider adding a bullet point that speaks to promoting a drug-free labor force. 2nd policy under Goal #5, add examples of the type of essential support services that could be offered. Rephrase the statement to read: "Promote the provision of essential support services, such as childcare, transportation, and Concur with Staff recommendation. It was noted that a drug-free labor force is especially important for industrial sector jobs where safety is important. substance abuse counseling, that enable workers to seek and maintain employment." 20 Ramirez Page 23, Goal 23, 5th Bullet Point — Corpus Christi is able to attract..., — Suggest creating a new position to act as a Community Liaison for Development who can act as a single point of contact for developers looking to develop a project within the city and direct them to the proper programs and or agencies to make the development process more efficient. No change. This suggestion is more of an action item for the Implementation Plan rather than a goal/policy for the Comprehensive Plan. But, the comment will be noted for consideration in the Implementation Plan. No change 21 Lippincott Page 23, Add to Goal 5 — Develop partnership between industry and local education systems to develop programs that provide training necessary to meet the demands. No change. Staff feels that Goal 6, 4th bullet point covers this topic. No change Element 6 — Transportation & Mobility 22 Ramirez Page 27, Goal 5 -- Consider adding a bullet point that seeks to provide additional flight destinations and perhaps incentivize them if necessary to get them established and profitable for the airlines. No change. Goal 5 calls for implementing the Airport Master Plan. This comment is more appropriate for consideration in the Airport Master Plan developed by Corpus Christi International Airport (CCIA). Note that smaller airports have a difficult time getting more flights. Corpus Christi may have to pay an airline to provide more flights out of CCIA. Add a policy that says, "Support enhancements to airline service." 7 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 23 Braselton Page 27, Goal 1 - I do not support bicycle lanes across the city but only in areas for recreational riding and downtown area. Too many $$$ for a very small percentage of population now and future. It is too hot and humid 10 months of the year to bicycle to work or shopping. No change. Plan CC does not recommend bike lanes or routes belong on every city street. Additionally, the Metropolitan Planning Organization is undertaking a data - driven study called the "Strategic Plan for Active Mobility" to identify the best locations for bike routes/lanes and the most effective type of facility needed in an area. The MPO's plan could later be adopted the City Council in order to implement it's recommendations. No change 24 Braselton Page 27, Goal 3 — No need to lower speed limits on neighborhood streets nor fit them for bicycles. We have sidewalks for pedestrian traffic as part of our street requirements. No change.l1. Not all neighborhoods have sidewalks. 2. At neighborhoods' requests, speed bumps have been installed on local and even collector streets. 3. Citizens will not want to walk or bike if our street systems make them feel unsafe. Lower traffic speeds on neighborhood streets by design is one way to make citizens feel safer walking/biking. No change 25 Baugh The bike and walk mobility should be focused in new developments. Adding a bike lane to already congested street traffic (Staples) is not the best use of this space. Adding additional lanes (drive or turn) would be more beneficial. No change. The City recognizes that bike lanes need to be installed in strategic locations where they will be used more regularly. See response to Comment #20. No change 26 Baugh Lower vehicle speeds in the neighborhoods is only good if there are officers there to enforce it. Speed humps would be a more feasible solution for slowing down traffic to allow for biking, walking and children safety. No change. Lowering speeds can be accomplished through street design . For example, the wider the street, the faster people feel comfortable driving. The Unified Development Code already provides some alternatives for street designs that might lower speeds on neighborhood streets. MobilityCC also offers thoughts on street design alternatives. No change 8 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 27 Villarreal Page 27, Goal #1 — support and coordinate with CC MPO projects, plans, and initiatives. Add this as a policy under Goal #1: I7'Support and Concur with Staff recommendation coordinate with the Corpus Christi Metropolitan Planning Organization's projects, plans and initiatives." 28 Lippincott Page 27, Change Goal 2, 1st & 2nd bullet points: "Support a long-term program to repair existing streets and regularly maintain the system to minimize life -cycle costs." and "Support adequate and balanced funding sources for long- term operation and maintenance of the street network." — Change "support" to "develop." I No change. Strategies and actions will develop the policies/programs. Efforts are underway. No change 29 [2nd Round Public Comment #13] Public 8. Page 27: Goals -- a. Change the wording of the third bullet point under 2. to — "Integrate transportation planning with utility infrastructure and neighborhood development planning." b. Second bullet point under 3. — Change the word "Consider" to "Create" The following changes are recommended: 8. Page 27, Element 6 -- a) Goal 2 — street system; policy three — "integrate transportation planning with utility infrastructure planning." Adding "neighborhood planning" after "transportation planning" is a good idea. b) Goal 3 — reconstruction program for local streets — change "consider" to "create." Concur with Staff recommendation 30 [2nd Round Public Comment #27] Public Page 27, Add Item 7. Goals -Promote and Support a Plan for a second access on and off Padre Island; policy — maximize evacuation; diminish risks in traffic congestion; enhance safety; promote safe growth Add a 7th goal to the Transportation and Mobility Element as suggested in the public comment that supports a second access to Padre Island. Concur with Staff Recommendation Element 7 — Community Infrastructure, Facilities & Services 31 Braselton I support all of these goals. My concern is who will pay for all these? Are they all realistic? No change. Staff needs more direction on any proposed changes to this element. No change 9 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 32 Villarreal Page 30, Goal #2 — add innovative and cost effective technologies Second policy -- Restate as "maintain and improve existing water infrastructure, including the incorporation of new Concur with Staff recommendation innovative and cost effective technologies where appropriate." 33 Ramirez Page 29, What is that picture of??? Consider replacing it, not clear as to what it is or what it is trying to communicate. Replace the photo with a more communicative photo. Concur with Staff recommendation 34 Crull Regarding the growth south of Oso Creek, I don't know if this goes in the Comprehensive Plan or Implementation Documents. A decision needs to be made as to whether core services (Wastewater and Drainage) in addition to water are going to be provided. Without wastewater and drainage, the large tract development will continue. Master plans for these facilities have been prepared but never adopted. The land use plan for the area shows a large area designated as Planned Development but this doesn't spell out any categories. The same comment is applicable to the Northwest area south of FM 624. No change. This kind of decision would need to be made after further study, beyond the scope of the Comprehensive Plan. Storm Water and Wastewater Master Plan updates would also be needed. While Plan CC identifies these areas for future annexation and areas of growth, the City needs to study in more detail the annexation of these areas, service plans, and the cost of allowing development in these areas. The Planned Development land use category for the areas south of the Oso Creek and in the Northwest indicated a need for further planning through the Area Development Plan updates. There is concern about the cost of growth on tax payers and impacts on infill and taking care of current neighborhoods. Concur with Staff recommendation 35 Braselton Page 30, Goal 7 - Reword to read " verify that all buildings that are required to comply to ADA standards do comply." Staff recommends rewording as follows: "Buildings, facilities and open spaces, both public and private, comply with all Concur with Staff recommendation laws and regulations regarding accessibility as required ADA {Americans with Disabilities Act) standards." 10 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation Element 8 — Future Land Use, Zoning & Urban Design 36 Ramirez Page 32, From the Vision, Need to somehow work the South Side Development in here, I think we have all established that it is going to continue and that the infill development and South Side growth do not have to be at the expense of one another. Revise the first phrase to read: "Corpus Christi's growth has revitalized older parts of the city and established new Concur with Staff recommendation neighborhoods in the south side and northwest areas;..." 37 Ramirez Page 37, Future Land Use Definitions -- Transition District: I think there has to be a better term than "Transition District." Remember these are still existing neighborhoods. Also, "leave this area" needs to be toned down, suggest "relocate to another area." Recommend rephrasing as "relocate to another area." Concur with Staff recommendation 38 Braselton Page 33, Goal 1, 2nd Bullet Point — Realize "infill" and "revitalization" are hampered by high redevelopment costs and by availability of suitable lots and infrastructure. Also new or revitalized streets in these areas have to be maintained by the city just as do new suburban streets. No change No change 39 Braselton Page 33, Goal 2 — "urban village" — see previous comments. No change No change 40 Braselton Page 33, Goal 3 — omit "design standards" for private developments. No change. Design standards are for impacts on the public realm and primarily affect commercial development. They are less about architectural style than about creating attractive and functional public environments. No change 11 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 41 Braselton Page 33, Goal 6 — annexation policies cannot include "1 lot/20 acres" zoning for newly annexed areas as previously mentioned. To wait on city to provide basic water and sewer services to proposed annexation areas in Plan CC 2035 will likely prevent their annexation and thereby they will not in city control. Not good. No change. This comment is related to the strategies and actions of the first draft of Plan CC. No change 42 Crull The issue of the transition zones north of IH 37 needs to be resolved. On one hand, Lamont Taylor and his group are advocating revitalization of Hillcrest. On the other hand Susie Saldana and her group are raising money to move people out of there. No change. A specific plan for this transition with community participation would be needed. A planned transition for the whole neighborhood is more likely to provide a better outcome than the continuation of incremental incursion by non-residential uses and declining values. No change 43 Braselton Page 32, From The Principles -- about High Quality Development delete "...and establish high-quality design standards for private development". "High Quality" is a very subjective term. The current building code covers private design standards adequately. No change. Design standards are for impacts on the public realm and primarily affect commercial development. They are less about architectural style than about creating attractive and functional public environments. Once a building is constructed, the public doesn't have an opportunity to do anything about it. "High quality" will be defined by Corpus Christians when they give input on the establishment of design standards. No change 12 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 44 Braselton Page 33, Land Use Principles, under Housing & Neighborhoods -- Delete 3rd bullet point. Multifamily location is sufficiently guided by zoning ordinances. Additional guidance is not needed and counterproductive to providing for adequate volume of housing. Recommend a change: "Promote the location of Locate Concur with Staff recommendation multifamily development where there is nearby access to retail, services, and public transportation...." [Staff's recommendation concurs with a recommendation made by Public Commenter #13 in the 2nd Round Public Comment Summary and with stakeholders of the Builders/Realtors Associations that staff met with.] Note: The location of multifamily uses is guided by the current City Zoning Map, the Future Land Use Map, and decisions on rezonings. For clarification, the zoning ordinance does not guide the location of multifamily uses. The zoning ordinance only dictates setbacks, height, open space, and buffering. 45 Braselton Page 33, Land Use Principles, under Mixed -Use Centers -- Change "provide...mixed-use...." to "accept...mixed-use...." Change "provide" to "promote" rather than to "accept." Concur with Staff recommendation 46 Braselton Page 33, Land Use Principles, under Efficient Development Patterns -- Eliminate 1st & 2nd bullet points. Subdivisions are often not able to be adjacent due to existing zoning, land availability, geographic concerns, etc. thus making "leap- frogging" the only alternative. No change. The Plan says to avoid leapfrog development so that subdivisions are not far from each other. Amend the 2nd Bullet Point as follows - "Where applicable, Aavoid 'I apfrog' scattered site development that locates subdivisions far from other residential areas." 47 Braselton Page 33, Land Use Principles, under Efficient Development Patterns - 4th Bullet Point — "Use annexation powers lot in zoning infrastructure No change. Zoning regulations on lot size and infrastructure Recommend change as presented by Commissioner Braselton. policy are two of the City's primary tools for ensuring orderly growth. Staff does not recommend eliminating this phrase. combined with minimum size and y to promote orderly and efficient development in the ETJ." 13 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 48 Braselton Page 33, Land Use Principles, under Environment & Resilience -- Second bullet point: insert "public land" after "Preserve" at start of sentence. "Preserve public land No change. A public entity or a private entity can help preserve land. The land often starts as being private. Some City ordinances, specifically the Cluster Housing Development Overlay, give private developers incentives in the form of increased density if they help to preserve sensitive lands or created recreational spaces on sensitive lands. Also, the adopted Oso Parkway Plan calls for creating ordinances such as the Cluster Housing Development Overlay so that private developers can help contribute to this effort. No change around creeks and drainage corridors to achieve a green network of interconnected parks, multi -use paths, passive and active recreational spaces, and conservation land." 49 Braselton Page 36, Future Land Use Definitions - Single Family is 1 house per lot. All others are variations of Multi -Family i.e. low density (2 -4 units) medium density (8 -20) etc. Same response to Public Comment #13 from the 2nd Round Comment Summary: Rename the residential land use categories in this way: • Low Density Residential — up to 4 Dwelling Units Per Acre, color code is Light Yellow • Medium Density Residential — 4 to 13 Dwelling Units Per Acre, color code is Bright Yellow • High Density Residential — greater than 13 Dwelling Units Per Acre, color code is brown This eliminates the category of "High Density Single Family Residential." The names of the categories would no longer reference single- or multi -family, rather just "residential" with an associated density. Concur with Staff recommendation 14 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation Element 9 — Stewardship & Implementation of the Plan 50 Braselton Plan CC 2035 has lofty goals and is very ambitious. My concern is without any reference to cost/benefit we find that some of these goals are really unattainable. I think there must be $$$ associated with these goals and a clearer picture of who will pay for this through taxes, assessments, user fees, impact fees, etc. No change. These issues will be worked out in the implementation plan and prioritization of action items. No change 51 Braselton Page 50 -- Add some specific language with regard to the periodic review by city leaders. Establish a goal to review and update the plan on an annual basis, identifying short term (annual), mid-term (5 years) and long-term goals with specific objectives. Add a policy to Goal #2: "Review and update the plan on an annual basis, identifying short term, medium-term and long - term goals with specific objectives." Concur with Staff recommendation 52 Hovda Goals 1-6 -- How can a Plan that has 50 goals within 8 elements and 120 policies associated with those 50 goals be implemented with only 6 goals and 10 policies? No change. An implementation plan will be developed once the goals/policies of Plan CC are adopted. No change 53 Hovda Goal 1- "Establish a comprehensive plan system based on a twenty-year time horizon" What specifically does this mean? Does this have a deadline attached to it? Who is in charge of this? Is this just actually Plan CC? If this is reflecting Plan CC, then I don't understand why it's a bullet or a policy... seems redundant. No change No change 15 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 54 Hovda Goal 1 - "Require that Area Development Plans and Specific Plans reflect the vision and goals of the overall comprehensive plan" - Which department is tasked with all the area and specific plans (i.e., the Parks Master Plan, the Airport Master Plan) and comparing it to Plan CC to make sure that they're in line with each other? If that has already been done through the process of Plan CC, then why is it a bullet on the implementation list - seems redundant. No change. The Parks & Recreation Dept. is responsible for the Parks & Recreation Master Plan. The Airport is responsible for the Airport Master Plan. A Planning Dept. or city planning staff are responsible for Area Plans or Specific Plans for a neighborhood. These Master Plans (the "sub - plans") are created or updated. During creation or updating, staff needs to make sure these "sub -plans" are on target with the Comprehensive Plan. No change 55 Hovda Page 50, Goal 1, 3rd Bullet Point -- "Amend planning ordinances to reflect the new type of comprehensive planning system" - Which department will oversee existing ordinances and amend them? What is the deadline to achieve this goal? Will City Staff proactively change the ordinances or will they be amended when it's ascertained reactively that the ordinance does not match the 20 year plan? No change. A re-established Planning Department (or planning group) will proactively amend ordinances to implement Plan CC. Deadlines for achieving the goal will be identified in the implementation plan. No change 16 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 56 Hovda Page 50, Goal 2, 1st Bullet Point -- "Establish public review of progress in implementing the plan." Does this happen during Planning Commission meetings? Will their be an agenda item on Planning Commission meetings to review progress? Will this take the form of public meetings, much like the public input process for Plan CC? No change. See response to comment 51. This will be addressed in the implementation plan. Ideas for action can include reviewing progress annually before the Planning Commission and City Council in a joint public:earing, creating a Plan CC Advisory Committee to be stewards of the plan and monitor progress, and scheduling a public process every five years to confirm or revise the plan and review progress. No change 57 Hovda Page 50, Goal 3, 1st Bullet Point -- "Give the Planning Department a proactive role in coordinating initiatives to implement comprehensive and other plans" Is there a word missing? Also - is this new Planning Department funded in FY 2015-2016? If not, when will this Planning Department be funded to implement Plan CC? It does not make sense to have this as a goal or policy if there is not a plan to fund it. No change. The Planning Department is currently funded. Where funding is not already in place for items identified in Plan CC, getting funding is part of the City Council's budget approval process. No change 58 Hovda Page 50, Goal 4 -- 1st Bullet Point: "Make City programs and resources consistent with implementation of Plan CC" - this is vague? What specific resources are you referring to? What department will oversee that this consistency policy sets the standards and metrics to measure this goal? No change. See comment below. No change 17 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 59 Hovda Page 50, Goal 4, 2nd Bullet Point-- "Use incentives strategically to create a critical mass of improvements in designated areas." Are there existing incentives in place that this policy is referring to? If so, which department will coordinate with the other departments or governing bodies to implement these strategic incentive initiatives? No change. Some incentives options are in place, such as 380 Agreements, Public Improvement Districts, Tax Increment Financing, property -tax abatement, HUD Section 108 Loan Guarantee Programs, streamlined permitting, Municipal Management Districts, Sales Tax for economic development (Type A funds), development fee exemptions or waivers, water and sewer capital improvement, and Municipal Housing Finance Corporation, while the City could still adopt the use of new incentives, such as Neighborhood Empowerment Zones, and Local Government Corporations. Planning staff would likely be responsible for coordinating efforts so that the City gets more "bang for its buck" -- meaning be strategic in investments to achieve a visible difference. No change 18 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 60 Hovda Page 50, Goal 5, 1st Bullet Point-- "Use the plan in preparing and approving other planning and implementation activities by City agencies." Will Plan CC become the guiding policy? I am imagining everyone in every department meeting carrying a copy of Draft 2 to a meeting and refer to it as they make all decisions... what is the practical, real meaning of this policy? Is this something that all developers and business partners of the City need to follow as well? This policy seems to have a strong education component to it. Will there be continuing education (bi-monthly, quarterly, yearly?) and training for City Staff to review and be an extensive knowledge base of this Plan? It seems to be that this policy requires that many levels of employees in all departments become subject matter experts on Plan CC. If this is true, what will be done to ensure that this knowledge base is part of staff development? No change. The implementation plan will address this further. The implementation plan may discuss designating a person to coordinate and oversee implementation. The implementation plan may also discuss how to support staff, whether by training or providing resources, so that they can work together to implement the plan and achieve its goals. No change 61 Hovda Funding - have we already identified these funding mechanisms? Without funding, this plan cannot be implemented. I am very interested in the funding model that is currently recommended to implement this plan. No change. Plan CC's strategies in the implementation plan address ideas for outside funding and being strategic in using funds. Strategies for funding mechanisms are in the implementation plan, but the selection of how to fund an idea or project requires department level business planning and sometimes City Council approval. No change 19 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 62 2nd Round Public Comment #1 Concerns about a statement in the Future Land Use Definitions, section Transition Districts, under Special 1-37 Transition District and Special Aviation Transition District that states, "The transition should take place over time within a framework that provides fair compensation and assistance to residents in moving to other part of the city". (Page 37) This is more like a policy than a definition and should be removed. Remove the statement in the definition section. Concur with Staff Recommendation 63 2nd Round Public Comment #4 Our land is highly impacted and devalued by this land use plan which designates our 400 acre Tufts Cove property on Mustang Island as "Open Space". This is the property which provided access to Wilson's Cut and goes north on the Bay Side. Our land use plan is attached. We have not submitted to the City as we have been working on grading permits. We realize this plan attached may not be close to the final but is a good example of the mix of homes, commercial and cluster residential that we believe will draw well in the market, provide a good tax base for the City and a unique experience for the residence. Please let me know the steps I need to take to insure that our property can be developed in a manner consistent or similar to that attached. Change this property's future land use designation to Planned Development while retaining a small portion on the bay as Flood Plain Conservation, similar to today's adopted Future Land Use Map. The area on Mustang Island between the Fire Station on the south and the City limit line on the north end should be designated as Planned Development in the Future Land Use Plan. Concur with Staff Recommendation 20 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 64 2nd Round Public Comment #13 4. Pg. 17 Element 3, Goal 5, a. Resource Efficiency — Add a bullet point under 5. — "...and adopt the Coastal Bend Green Built as the official Green residential program of the City of Corpus Christi." 4. Pg. 17 -- Element 3, Goal 5, potential additional policy: potential language could be: "Support the Coastal Bend Green Built program or any equivalent program as the green building standard for residential development and promote LEED (Leadership in Energy and Environmental Design) standards or the equivalent for non-residential building." Concur with Staff Recommendation 65 2nd Round Public Comment #19 On page 44 of the second draft tract; 16.35 acres of Lot 19, Section 40, Flour Bluff & Encinal Farm & Garden tracts is classified as Flood Plain Conservation. A significant portion of this acreage is not located in the flood plain. I request that the map only classify the portion of this tract that is in the flood plain as Flood Plain Conservation and the remainder be classified the same as the surrounding tracts Plan CC Future Land Use Map has a category called Flood Plain Conservation, which indicates property located within the 100 -year flood plain. This category is similar to the today's land use category called Conservation/Preservation. Recommendation: Staff recommends that the Plan CC Flood Plain Conservation designation in the Future Land Use Map match the areas designated in today's Future Land Use Map as Conservation/Preservation, which would reduce the amount of land categorized as Floodplain Conservation in both the South Side and Padre/Mustang Island areas. However, following adoption of new FEMA maps, the City should review the boundaries of the Flood Plain Conservation designation in the Future Land Use Map. Concur with Staff Recommendation 21 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 66 2nd Round Public Comment #25 In 2014, I bought 227 acres on Mustang Island. It is in CC on the west side of 361 & just north of the Island Construction site. The area is zoned rural farm. Besides farm/ranch use, I understood that this designation is sort of a holding zone. Once an owner has a use plan, the owner can present it and request a zoning change which may or may not be granted. I have several ideas for development of a portion of the tract. Under the proposed development plan, this tract is to remain open space. I strongly oppose this proposal. It seems the rules are being changed in the middle of the game. Thank you for your consideration of my input. Change the Future Land Use Map designation to Planned Development in the area on Mustang Island north of Fire Station 16 and south of the City Limit Line. Concur with Staff Recommendation 67 2nd Round Public Comment #28 Cape Summer on Padre Island is already platted and planned for commercial, mixed, resort uses. Change this property's designation in the Future Land Use Map to Planned Development not Flood Plain Conservation. Concur with Staff Recommendation 68 2nd Round Public Comment #29 The color -coding of the Future Land Use categories Flood Plain Conservation and Permanent Open Space are too similar. Find a way to better distinguish the two categories. Consider adding cross -hatching in thin black line to the Flood Plain Conservation layer. Concur with Staff Recommendation 69 2nd Round Public Comment #30 The property around Island in the Son Church is planned for development. Change this property's designation in the Future Land Use Map to Planned Development. Concur with Staff Recommendation 70 2nd Round Public Comment #31 The southwest corner of Whitecap and SPID is private property planned for development not permanent open space. Change this property's designation in the Future Land Use Map to Mixed Use to fit in with the Neighborhood Village concept proposed by Plan CC on the east side of SPID. Concur with Staff Recommendation 22 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 71 2nd Round Public Comment #32 The north side of Packery Channel is anticipated for commercial development. Change this property's designation in the Future Land Use Map to Planned Development. Concur with Staff Recommendation 72 2nd Round Public Comment #33 The areas between the Seawall and Leeward Drive are in need of commercial uses within walking distance of residential uses/tourist accommodations and the beach. Change this area's designation in the Future Land Use Map to Mixed Use. Concur with Staff Recommendation 73 2nd Round Public Comment #34 Two "fingers" of land are missing north of Whitecap, east of SPID. Update the maps in Plan CC to show these land masses, and designate them in the Future Land Use Map as Medium Density Residential (4-13 units per acre). Concur with Staff Recommendation 74 2nd Round Public Comment #35 Padre Isles Golf Course should not be planned for commercial development. Change this property's designation in the Future Land Use Map to Permanent Open Space. Only the area of the golf course developed by Schlitterbahn should be designated as commercial. Concur with Staff Recommendation 75 2nd Round Public Comment #36 The property just northwest of the Schlitterbahn property should not be designated as commercial in the Future Land Use Map. Change this property's designation in the Future Land Use Map to Planned Development. Concur with Staff Recommendation 76 2nd Round Public Comment #37 The triangular piece of private property on Aquarius Drive across from the City park and Fire Station should not be designated as Flood Plain Conservation in the Future Land Use Map. Change this property's designation in the Future Land Use Map to Planned Development. Concur with Staff Recommendation 77 2nd Round Public Comment #38 Though outside city limits, the Port/Ship Channel (Industrial District) should be Heavy Industrial in the Future Land Use Map. Change this property's designation in the Future Land Use Map to Heavy Industrial. Concur with Staff Recommendation 23 of 23 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 1 Bay Area Smart Growth Initiative Page 10, The Principles -- Under "Promote good health:" Rather than the term medical care, use the broader term of health care, which encompasses medical and related. Revise statement as follows: "Create policies and physical conditions that promote healthy lifestyles in Corpus Christi through easy access to physical activity, healthy food, and -medical health care." 2 Bay Area Smart Growth Initiative Page 10, The Principles -- There is excellent policy guidance from AARP, Livable Communities, that addresses impacts and needs of an increased population of older citizens and their desire for quality of life. The term Livable Communities should be incorporated, as it mirrors many of the principles of Smart Growth, and is frequently a City Initiative. Add a policy on Page 20, Element 4 "Housing and Neighborhoods," Goal 7 under Neighborhoods that reads: "Support programs and regulations that help create livable communities for the aging population." 3 Bay Area Smart Growth Initiative Page 27, Element 6, Goal 1 -- Policies: Destinations are easily connected by accessible paths of travel and a diversity of modes of travel, both private and public. Amend Policy 1 under Goal 1 to read as follows: "Support a multimodal transportation network that is integrated with land uses, where destinations are easily connected by accessible paths." 4 Sierra Club Coastal Bend Group Page 13, Element 2, Goal 6, Policy 3: Urban Forest -- "Give priority to DIVERSE native tree planting...." (Add "diverse") Amend the third Policy to read: "Give priority to diverse native tree planting along major corridors and other public spaces, with sufficient short-term irrigation to establish trees for long-term, drought -tolerant survival." 5 Sierra Club Coastal Bend Group Page 14, Goal 8 -- High quality and well maintained green spaces. Partnerships and sponsorships would be best used to enhance not merely provide park maintenance. Amend Policy 2 under Goal 8 to read as follows: "Continue to seek partnerships and sponsorships to support park enhancements and maintenance." 1of11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 6 Sierra Club Coastal Bend Group Page 17, Element 3, Goal 4 -- "Recommend that builders/developers consider designing houses to take advantage of prevailing winds, allowing homeowners to reduce dependence on air conditioning when possible." Under Goal 5, add a policy that reads: "Support building and site designs that take advantage of renewable resources such as prevailing winds, sunlight, shade trees, etc., to reduce energy consumption." 7 Sierra Club Coastal Bend Group Page 30, Element 7, Goal 4, Storm water and drainage system -- Promote reduction of pollutants "and litter" in the Bay....(add "and litter.) Amend Policy 2 under Goal 4 to read: "Promote reduction of pollutants and litter in the Bay by reducing storm water discharges." 8 Sierra Club Coastal Bend Group Page 33, Element 8, in the Land Use Principles text box -- Preserve and protect "local watersheds and other" environmentally sensitive land and water. (Add "local watersheds and other") Amend the statement to read as follows: "Preserve and protect watersheds and other environmentally sensitive land and water." 9 Bay Area Smart Growth Initiative Page 14, Element 2, Goal 7 — add "including accessibility." No change. Goal 7 states that parks should "meet the diverse needs of the population." Staff believes the phrase "diverse needs" as stated in this goal covers accessibility needs. 10 Bay Area Smart Growth Initiative Page 17, Element 3, Resilience, Goal 6 — Policy: Affordable housing preservation is part of this planning. No change. Staff believes that the 2nd policy under Goal 6 covers this requested change. 11 Bay Area Smart Growth Initiative Page 20, Element 4, Add Goal 6: "Establish a public-private initiative to address affordable rental housing." No change. Goal 1, Policy 1 and Goal 2, Policy 1 address this concept generally. The public comment is considered more like a strategy for the implementation plan, which is to be created at a later date. 2 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 12 Bay Area Smart Growth Initiative Page 20, Element 4, Policies: Provide support for stakeholder interests to convene and define housing affordability, determine housing market options and potential public and private investment opportunities, provide current data on level of rental housing availability by income category and need, and develop a data base to help identify the level of affordable housing in each Council District. No change. Goal 1, Policy 1 and Goal 2, Policy 1 address this concept generally. The public comment is considered more like an actionable item for the implementation plan, which is to be created at a later date. 13 Bay Area Smart Growth Initiative Page 20, Element 4, Policies: Conduct a Citywide Impact Assessment in readiness for the (new) HUD Fair Housing Act requirements prohibiting income segregation within Pis. The Consolidated Plan to be developed for 2018 will contain provisions for analysis and plan. The City's current Con Plan has no plan to address the finding that only 10% of the housing stock in 2013 was affordable to individuals and households at 30% AMI (extremely low income category). No change. Goal 1, Policy 1 and Goal 2, Policy 1 address this concept generally. The public comment is considered more like an actionable item for the implementation plan, which is to be created at a later date. 14 Bay Area Smart Growth Initiative Page 20, Element 4, under Neighborhoods -- Goal: Adopt the policies and strategies within the "Missing Middle" to developing affordable housing, increased density, mixed housing, and creative financing in urban areas. No change. The concept is addressed generally by Goal 2. Also, Planning Commission recommendation #16 partly addresses this comment by adding a phrase about "including affordable housing" at the end of Goal 2. 16 3 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 15 Bay Area Smart Growth Initiative Page 20, Element 4, under Neighborhoods -- Policy: Plan for and support housing choices that recognize and encourage the addition of multiple housing options within the housing continuum — the large missing middle in Corpus Christi - between "multi -family housing" on the one end and traditional "single-family housing" on the other. (See information provided to Planning Commission.) No change. Staff believes Goal 2, Policy 1 addresses this comment generally. 16 Bay Area Smart Growth Initiative Page 27, Element 6 -- Policy: Enhance transportation options with the addition of water transportation, developed with public-private investments. No change. Staff believes this concept is generally addressed in Plan CC under Goal 4 of Element 6. 17 Bay Area Smart Growth Initiative Page 27, Element 6 -- Policy: Support the MPO Active Mobility Plan. No additional change recommended. Planning Commission recommendation #27 adds another policy under Goal 1 that staff believes addresses this comment. The recommended additional policy reads: "Support and coordinate with the Corpus Christi Metropolitan Planning Organization's projects, plans and initiatives." 27 18 Bay Area Smart Growth Initiative Page 30, Element 7 -- Policy: Annexation must be supported by an urban growth boundary policy and strategy. See element 8 No change. This comment is addressed in Plan CC in Element 8, Goal 6. Also, this comment suggests an item that might be more appropriate as an action in the implementation plan. 4 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 19 Bay Area Smart Growth Initiative Page 33, Element 8: Established metropolitan boundaries, identified as urban growth boundaries, which may be expanded into the ETJ through annexation only when infill development within the City has reached a pre -identified level of attainment. The amount of vacant and near vacant land within City boundaries provides tremendous "in- pansion" possibilities. Incentives for property owners, developers and investors must be developed as part of boundary growth regulation. City priority must be to maintain and upgrade what we currently have that has been neglected (under a deferred maintenance practice) and will continue to degrade the Central City. No change. This comment is addressed in Plan CC in Element 8, Goal 1, Policies 1-3 and Goal 6, Policy 1. 20 John Kelley, Santa Cruz Partnership "We ask that PIanCC2035 be altered to recommend one of two courses: 1. Disannexation of the Chapman Ranch: Disannexation would relieve the City of a $21 million capital cost program and additional costs related to providing public safety services, solid waste, road and storm water maintenance. Disannexation would, return the property to its rural use and still be free of wind turbines. 2. Promote development of the Chapman Ranch: Recommend the Chapman Ranch be designated as Planned Development and provide infrastructure to the intersection of 70 and 286 or allow the creation of Municipal Utility Districts to allow development to occur in the City identified growth corridor without capital cost to the city." No change recommended. 5 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 21 Sierra Club Coastal Bend Group Page 20, under Neighborhoods, Goal 6 -- Much much more is needed than one sentence to encourage infill development. The City needs to completely change the way utilities are planned and paid for, removing the burden from the developers/building; this would allow the City to plan where to develop, or re -develop, by seeing that the utilities are in place for new development and that infill development no longer requires a builder/developer to pay for the increased cost of providing utilities in older areas. No change recommended. Staff believes this comment is covered in other sections of Plan CC, specifically Element 8, Goal 1 22 Sierra Club Coastal Bend Group Page 27, Element 6 -- Add additional policy: Support bicycle routes that promote safe biking to and from the workplace. No additional change recommended. Planning Commission recommendation #27 creates a policy to support the Corpus Christi Metropolitan Planning Organization's (MPO) initiatives, and the MPO is currently conducting a study of strategic bike route locations. Element 6, Goal 1, Policies 1 and 3 also support the request made in this comment. 27 23 Sierra Club Coastal Bend Group Page 30, Element 7, Goal 5 -- Add additional policy: "Encourage entrepreneurial reuse of collected recycled items. No change recommended. This request is more like a strategy. Staff believes Goal 5, Policy 2 covers this topic generally in that Policy 2 seeks to maximize landfill capacity as does the Sierra Club's suggested policy. 24 Sierra Club Coastal Bend Group Page 30, Element 7, Goal 4, on the topic of Storm Water and Drainage System -- Change "Review the creation of a more equitable billing system" to "Create a more equitable billing system." No change recommended. 6 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 25 Sierra Club Coastal Bend Group Page 30, Element 7, Goal 7: The ADA [Americans with Disabilities Act] is 25 years olds; perhaps the word "quickly" or "immediately" should be added. Add an item: Conduct an audit to identify remaining non-compliant spots. No change recommended. Staff believes Goal 7, Policy 1, which states "Support programs to meet all outstanding ADA deficiencies in public facilities," covers this request. Additionally, the priority/timeframe for strategies/actions will be discussed in the implementation plan. 26 Lamont Taylor Spoke in opposition to Plan CC 2035 referencing the Hillcrest neighborhood as a "transition" neighborhood, and requested that the reference be removed from the draft plan. "Transition" describes the current conditions of the neighborhood, which has seen the number of residents decrease and greater industrial impacts. A specific plan for neighborhoods in the transition districts with community participation would be needed. It is intended that at a later point, there would need to be a long-term, community process that provides options to residents who want to either stay in the area or relocate. A planned transition for the whole neighborhood is more likely to provide a better outcome than the continuation of incremental incursion by non-residential uses and declining values. Existing zoning designations of property do not change with the adoption of a new Future Land Use Map. A change of zoning (or rezoning) is a separate process that requires its own public hearings and notification of landowners. Current conforming uses of property, such as single-family dwellings, can remain, be remodeled, and be reconstructed as long as their current zoning district allows. 7 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 27 Errol Summerlin Representing the Citizens Alliance for Fairness and Progress. stated that Plan CC 2035 establishes a pre -determined outcome and foundation for the future zoning in the Hillcrest area. The policy/goal in Plan CC needs to be a commitment by the City to engage in a community-based process that addresses the unique history, interests of the residents, and the competing interests of industry. The Alliance supports a planning process for the future of the Hillcrest neighborhood that is community driven, ensures that the City will provide services and amenities to enhance the residential character of the neighborhood, for residents that wish to remain, and provide sufficient funding for Hillcrest residents who wish to relocate. The plan must meaningfully address the neighborhood by providing fair options for those who want to stay and for those who want to leave rather than continuing on the current path of neglect. Same response as #26 28 Reverend Adam T. Carrington Stated that previous plans regarding the Hillcrest area called for revitalization of the neighborhood and spoke in opposition to Plan CC 2035 referring to Hillcrest as a "transition" neighborhood. Same response as #26 29 Daniel Pena Asked questions regarding the decisions made to designate the Hillcrest area as a "transition" area and said the residents were not notified. Same response as #26 8 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 30 Fred Braselton Addressed the following topics regarding Plan CC 2035: the plan inadequately addressed the annexed areas and new areas of the City; the majority of residents live in the suburbs; infill and revitalization cannot provide enough housing for future needs; modifications are needed to the extent of the Plan's urban villages and mixed neighborhood concepts; and suggests not to waste time and money on the urban village concept because residents will not want urban villages. No change recommended. 31 Carolyn Moon Spoke in favor of the original Plan CC 2035 draft, but said she does not support future growth south of Oso Creek because it will require taxpayers to pay for additional infrastructure and public safety. No change recommended. 32 Reverend Henry Williams Stated that the Plan CC 2035, which was written by a Boston firm, characterized the Hillcrest neighborhood as "transitioning" to light industrial zoning. Rev. Williams said the vision for the Hillcrest area must come from the people in the area who will be affected the most. Same response as #26 33 Dr. Gilda Ramirez President of the Westside Business Association, spoke in support of Plan 2035 and the urban villages and mixed use centers. Spoke about the need for equity. No change. 34 Gretchen Arnold Spoke in support of the following: mixed-use and urban villages, supporting areas that are not being serviced, and encouraging ways to reduce the source of pollutants. No change 9 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 35 Judy Telge Spoke on behalf of Bay Area Smart Growth, provided recommendations for elements in the plan that addressed the following: accessibility; affordable housing and rental housing; multiple housing options; accessible paths of travel, including water; and annexation. Ms. Telge said the group was concerned about the removal of the strategies and policies presented in the first draft. No change. See changes identified above as suggested in Bay Area Smart Growth Initiative's letter. 36 Dr. Gloria Randall Scott Spoke regarding the plan addressing the Coles, Washington, and Hillcrest Neighborhoods together and being listed as transition areas. No change. 37 Warren Andrich Thanked the City Council for slowing down the process to allow citizens an opportunity to respond to the plan and for transparency. Mr. Andrich also encouraged the City Council to stop spending money on consultants -- councilmembers and City staff have local knowledge and are capable of creating a plan. No change. 38 Shirley Thornton Said she was glad that there is a plan that was developed with public input and would like to see the following: more sidewalks, affordable housing, a pay-as-you-go process, a health general fund, a way to address existing debt; and focusing tax dollars on the needs of the City. No change. 39 Abel Alonzo Thanked the staff and consultants for listening to citizen input and for being inclusive. Mr. Alonzo spoke in support of accessible streets, improving economics, focusing on affordable housing, and public transportation. No change. 10 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 40 James Skrobarczyk Spoke regarding the following topics: the need for additional housing, having a mechanism in place to amend the plan; identifying outside funding sources; the transition areas; and proper identification of land. No change. 11 of 11 City Councilmembers' Comments on the Second Draft of Plan CC As of October 19, 2015 No. By Comment Staff Recommendation PC Recommendation No. 1 McIntyre Remove the Turtle Cove neighborhood from the Transition Special Aviation District around NAS -CC. Staff recommends this change. 2 McIntyre Remove the Floodplain Conservation designation in the Future Land Use Map from the properties on either side of Laguna Shores Road. Revert to today's Future Land Use Map, which shows mostly commercial uses. The Floodplain Conservation designation along the east and west sides of Laguna Shores Road will be removed and the Future Land Use Map will reflect the current adopted Future Land Use Map uses, which are primarily commercial and medium - density residential uses. (This change would also be consistent with Planning Commission recommendation #65 as it relates to reducing the Floodplain Conservation designation.) 65 3 McIntyre Add a reference to the importance of a regional solution to water. Page 30, Element 7, Goal 2 -- Add a policy that reads: "Support efforts to find a regional solution to the water supply." 1 of 1 DRAFT ORDINANCE Ordinance adopting a new comprehensive plan for the City of Corpus Christi titled "Plan CC Comprehensive Plan 2035" and providing for a repealer clause and publication. WHEREAS, the City of Corpus Christi, Texas ("City"), engaged in a two-year process of developing a twenty-first century comprehensive plan, titled Plan CC Comprehensive Plan 2035 ("Plan CC"), which includes policies to guide the physical and economic growth of the City and its extra -territorial jurisdiction through 2035 and replaces policies adopted in 1987; WHEREAS, the City invited the public to workshops to give input and help develop a vision for Corpus Christi in 2035; and where the City used this input to develop the vision and principles element of Plan CC; WHEREAS, City Staff provided guidance and assistance throughout the process and coordinated with various community agencies; WHEREAS, the City invited community members representing a variety of interests to participate in a Citizens' Advisory Committee to provide early input on the development of Plan CC and to review the draft document; WHEREAS, numerous citizens and community organizations have studied Plan CC and presented their written or verbal recommendations for consideration; WHEREAS, the Planning Commission, from time to time, may recommend amendments to Plan CC and the City Council may approve amendments consistent with the requirements of the City Charter; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendations regarding Plan CC; WHEREAS, with proper notice to the public, public hearings on Plan CC were held on Wednesday, August 12, 2015, during a meeting of the Planning Commission, and on Tuesday, October 13, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that Plan CC would promote sound development of the City and promote the public health, safety, and welfare of its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. It is the public interest to adopt Plan CC Comprehensive Plan 2035 ("Plan CC"), a new 20 -year comprehensive plan, as a guide for the physical and economic growth of the City and its extra -territorial jurisdiction, said document being attached hereto and labeled Exhibit A. DRAFT ORDINANCE SECTION 2. The City shall use Plan CC as a guideline to facilitate Area Development Plans, service Master Plans and other plans that the City considers necessary for systematic growth and development. SECTION 3. The City shall use Plan CC to establish codes and ordinances, as the City deems necessary, to promote the sound development of the City and to provide for public health, safety, and welfare of its citizens. SECTION 4. City Staff, Planning Commission, and City Council shall review and amend Plan CC, if necessary, at least every five years. SECTION 5. All ordinances or parts of ordinances that are in conflict with this ordinance are hereby expressly repealed and the document titled "City of Corpus Christi Policy Statements: An Element of the Comprehensive Plan," an element of the comprehensive plan adopted by Ordinance 19865 in 1987, is repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. DRAFT ORDINANCE The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Plan CC Comprehensive Plan 2035 PLAN CC COMPREHENSIVE PLAN 2035 CITY OF CORPUS CHRISTI, TEXAS 1 JULY 2015 EXHIBIT A Plan CC Comprehensive Plan 2035 )1111141141UV PLAN CC COMPREHENSIVE PLAN 2035 CITY OF CORPUS CHRISTI, TEXAS 1 ADOPTED XXXX 2015 EXHIBIT A Acknowledgements PLAN CC COMPREHENSIVE PLAN 2035 • Corpus Christi City Council, 2014-2015 • Plan CC Citizens Advisory Committee • Mayor Nelda Martinez • City Manager Ron Olson • City staff members THANK YOU to the residents, neighborhood and business leaders, community advocates, and stakeholders who participated in creating this Comprehensive Plan by attending public meetings and engaging with one another, by sharing your experience and knowledge of Corpus Christi in interviews and meetings with the planning team, and by expressing your commitment to Corpus Christi's future. Everyone can be part of putting this plan into action! PLAN CC TEAM > Goody Clancy, prime consultant > Stantec Urban Group, technical lead > Peter Kwass Consulting, economic development > W-ZHA, commercial market analysis > Zimmerman /Volk Associates, housing market potential > TischlerBise, cost -of -services analysis > Kailo Communications Studio, public outreach EXHIBIT A ORDINANCE WILL APPEAR HERE AND ON THE NEXT PAGE. PAGES WILL BE ADDED AND LAYOUT ADJUSTED AS NEEDED. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 201 F ORDINANCE CONTINUES HERE IF NEEDED. L 4PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Element 1 VISION aero q;UIDING PRINCIPLES FOR CORPUS CHRISTI'S Our Vision The Principles 9 10 Element 2 '.7""" "" MD BLUE: NATURAL SYSTEMS, PARKS & RECREATION Vision 12 Goals and Policies 13 Element 3 RESILIENCE AND RESOURCE EFFICIENCY Vision Goals and Policies Element 4 HOUSING AND NEIGHBORHOODS Vision Goals and Policies Element 5 DIVERSIFYING THE ECONOMY AND STRENGTHENING THE WORKFORCE Vision Goals and Policies Element 6 GETTING FROM HERE TO THERE: TRANSPORTATION t' 1 MOBILITY Vision 16 17 19 20 22 23 26 Goals and Policies 27 Element 7 COMMUNITY INFRASTRUCTURE FACILITIES AND SERVICES Vision Goals and Policies 29 30 Element 8 FUTURE LAND USE, ZONING, AND URBAN DESIGN Vision 32 Goals and Policies 33 Plan CC's Land Use Priorities 33 Map: Planning Districts 34 Map: Existing Land Use 35 Future Land Use Categories Explanation 36 Map: Citywide Future Land Use 39 Maps: Future Land Use by Planning District A. Downtown Planning District Future Land Use 40 B. Westside Planning District Future Land Use 41 C. Midtown Planning District Future Land Use 42 D. Southside Planning District Future Land Use 43 E. Flour Bluff Planning District Future Land Use 44 F. Padre/Mustang Planning District Future Land Use 45 G. CC Airport Planning District Future Land Use 46 H. Northwest Planning District Future Land Use 47 I. Chapman Ranch Planning District Future Land Use 48 Element 9 STEWARDSHIP AND IMPLEMENTATION OF THE PLAN Goals and Policies EXHIBIT A 50 PLAN CC COMPREHENSIVE PLAN 2031 6PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A A Vision and Guiding Principles for Corpus Christi's Future Plan CC is a new kind of comprehensive plan for Corpus Christi. It has a 20 -year time horizon and includes a vision for the future and goals and policies for an integrated series of elements that affect decision making about the physical development of the city. The plan provides direction for the city as a whole and will be followed by area development plans that provide more detailed direction for specific parts of the city while reflecting the overall vision and goals of the citywide plan. This comprehensive plan for the next 20 years is not a prediction of what will happen by 2035, nor is it a 20 -year projection into the future. It is a plan. It is designed to guide the city to take advantage of opportunities, invest in the future, and make choices that result in higher quality of life and a more diversified economy. PLAN CC COMPREHENSIVE PLAN 2031 EXHIBIT A Corpus Christi stands poised for a once -in -a -generation opportunity for transformative growth. The city has long experience with the booms and busts characteristic of the energy economy. Since 2011, the city has enjoyed the benefits of the Eagle Ford Shale boom, but this time Corpus Christians want to use the boom to establish long-term, sustainable economic growth and enhance quality of life for everyone. Developing a vision statement is an essential early step in creating a comprehensive plan. Vision statements and accompanying principles focus attention on a community's values, sense of identity, and aspirations. The vision statement tells a story and paints a picture of an ideal future in 2035. The principles are based on precepts that are important for guiding the comprehensive plan itself and its implementation. In public meetings around the city, interviews, and website commentary, citizens articulated their desires and hopes for an ideal future. The experience of creating the Plan CC vision and principles showed that citizens from different parts of the city and from all walks of life share many values and hopes about the kind of future they want for Corpus Christi. 8 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Corpus Christi is a thriving community with a strong, diversified economy, a high quality of life for individuals and families throughout the city, and a well -protected environment of natural beauty. Our unique combination of Gulf Coast bay and beach attractions, vibrant cultural life, economic opportunity, and a variety of housing choices supports long-established families and makes Corpus Christi a magnet for young professionals, entrepreneurs, retirees and visitors to the most distinctive destination on the Texas Gulf Coast. > Our broadly diversified economy provides opportunity for all. While the port, the oil and gas industry, the military bases, and tourism continue as important mainstays of our economy, new sectors are thriving through entrepreneurial start-ups, technology spin-offs from university research, and expanded ecotourism. Our skilled workforce results from a commitment to a strong culture of educational achievement, from pre-school to grad school. Graduates of TAMU-CC and Del Mar College find jobs in Corpus Christi that allow them to stay, grow, and enjoy urban amenities in a Gulf Coast lifestyle. > Modernized city services and systems support growth and vitality in all parts of the city. City services, infrastructure, and utility systems—including streets, drinking water supply, wastewater, and stormwater management—have been modernized over the last 20 years to ensure that the city can support and maintain urban and industrial growth, employing best practices in a cost-efficient manner. > High-quality, safe, connected, and diverse neighborhoods provide a variety of living choices. Corpus Christi's growth has revitalized older parts of the city; created new live -work -play neighborhoods and downtown; resulted in compact, mixed-use centers in key commercial districts; and promoted a connected sense of place and neighborhood in new housing development. Mixed -income neighborhoods provide housing affordable at every income level for diverse households, young and old—singles, couples, families with children, empty nesters, and retirees. People can get around the city by multiple modes of transportation— connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. > Stewardship of our natural heritage and green -space networks strengthens our unique character and supports resilience. As the major South Texas city on the Gulf of Mexico, our city offers a distinctive combination of an important port, city and island beach attractions and entertainment, greenways and parks, boating and fishing opportunities, and nature experiences. Good stewardship of natural assets reduces our vulnerability to coastal hazards and enhances our resilience. We work to understand and preserve our natural heritage because it is at the foundation of our way of life and our economy. Corpus Christi in 2035 is a unique place to live, work, study and play—prosperous and full of opportunity, well-run and welcoming, livable and affordable, a lively urban center and a waterside playground—one of the most enterprising and forward-looking cities in Texas. EXHIBIT A 0 CDo' PLAN CC COMPREHENSIVE PLAN 2031 N • transportation, retail and services. This critical mass will then stimulate self- sustaining activities. Be strategic. Strategically integrate public physical, economic, and social investments to leverage L-.? -- private investment and Q. grants in order to create critical mass that supports enhanced choices in housing, 9, ■ U infrastructure. Be cost-effective. Establish cost-effective best practices and systems to support ongoing city services and Act transparently. Pro- mote civic engagement and keep everyone with a stake in the city's future informed about communi- ty conditions, options, and opportunities to participate in decision making. ACTION ri-Pd ma What When Be accountable. Establish action plans with time lines and responsible parties, as well as systems for regular public review of the implementation of the comprehensive plan. Pursue goals through partnerships. City government alone cannot implement the comprehensive plan. Collaborative partnerships with regional groups, agencies, businesses, institutions, nonprofits, and citizens are critical to effective implementation. Be business -friendly. Establish a climate that attracts new industries and supports business growth and entrepreneurship as well as streamlined regulations that also protect environmental resources and quality of life. .PLAN CC COMPREHENSIVE PLAN 2035 Pursue high-quality development. Make public investments a model of excellent design and function and establish high quality design standards for private development. Consistent application of clear standards will make the city more attractive for people who live here now and attract new residents. Promote good health. Create policies and physical conditions that promote healthy lifestyles in Corpus Christi through easy access to physical activity, healthy food, and medical care. Prepare students for good jobs by keeping the focus on educational achievement. 21st -century jobs increasingly require a post -secondary education, like associate's or bachelor's degrees or a technical credential. A skilled and well-educated workforce will attract new investment. Support diversity. Establish policies and strategies that support physical, social and economic diversity in individuals, households, business, and living conditions. These will strengthen the city's ability to attract and retain people throughout the life cycle and across the income range and to create environments that support enterprises of all kinds—from microbusinesses and start-ups to major industries. EXHIBIT A Green and Blue: Natural Systems, Parks & Recreation Natural Systems, Parks & Recreation focuses on the protection and enhancement of natural areas and parks with goals to enhance water quality, preserve natural areas, expand networks of green corridors, improve green infrastructure and expand public access to diverse, high- quality recreation opportunities. PLAN CC COMPREHENSIVE PLAN 2035 1 11 EXHIBIT A Plan CC's Vision for wr- -- 7 [Y_-_�_-- - -7 T - _ • , I 1 Stewardship of our natural heritage and greenspace networks strengthens our unique character and supports resilience. As the major South Texas city on the Gulf of Mexico, our city offers a distinctive combination of an important port, city and island beach attractions and entertainment, greenways and parks, boating and fishing opportunities, and nature experiences. Good stewardship of natural assets reduces our vulnerability to coastal environmental hazards and enhances our resilience. We work to understand and preserve our natural heritage because it is at the foundation of our way of life and our economy. 12 1 PLAN CC COMPREHENSIVE PLAN 2035 i EXHIBIT A Goals and Policies ratakk 1. Corpus Christi Bay, the Nueces River, Oso Bay, Oso Creek, and other water resources meet or exceed federal and state quality standards, provide environmentally healthy aquatic and wetland habitat, and are fishable and swimmable. 2. Wetland areas are protected or effectively replaced so that there is no net loss of wetlands. 3. Important natural areas, such as bird breeding sites, are preserved and protected as usable habitat networks with ecological integrity. 4. The city has a network of green corridors including Oso Creek, drainage ways, medians and street trees, parks, and urban wilds to enhance connections for birds and other wildlife. 5. Natural barrier -beach environments are protected. ■ Support initiatives to ensure that it is always safe to swim at public beaches on the bay and on Padre and Mustang Islands. ■ Support initiatives to improve water quality so that shellfish beds are open throughout the city and can thrive throughout the Bay. ■ Support programs to manage the balance of fresh and salt water in the estuary. Support initiatives to preserve wetlands in the estuary. Support creation of a wetlands mitigation bank, if feasible. • • • Support initiatives for preservation of bird rookeries and similar critical habitat sites. ■ Continue to support and protect nature preserves. ■ Promote ecotourism as a way to encourage and fund preservation of the natural environment and wildlife habitat. ■ Give priority to natural, green drainage systems for storm water management. ■ Give priority to strengthening the green character of existing open spaces. • Secure protection of the Oso Creek corridor through implementation of a linear park along Oso Creek. ■ Coordinate storm water management with trails and green network projects. ■ Support continued enforcement of regulations that protect barrier beaches. 6. Native and other trees adapted to the environment provide shade along major streets and in parks and other public spaces. ■ Promote tree preservation and tree planting on public and private property. ■ Support creation of "adopt a tree" programs. ■ Give priority to native tree planting along major corridors and other public spaces, with sufficient short-term irrigation to establish trees for long- term, drought -tolerant survival. ■ Support a full urban forestry program with appropriate staff within the Parks and Recreation Department. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 2035 7. Corpus Christi has a network of attractive, safe, and well-maintained parks that provide shade and other amenities, are well -used by the public, and meet the diverse needs of the population. ■ Promote strategic implementation of the 2012 ten- year Parks and Recreation Master Plan (PRMP) to support comprehensive plan goals. • Update the PRMP every ten years. ■ Support cost-effective redesign to ensure that parks are safe and provide sufficient shade. Provide adequate resources for basic maintenance and operation of all parks, recreational facilities, and other green public spaces, as discussed in the PRMP. ■ Continue to seek partnerships and sponsorships to support park maintenance. • Incorporate sustainable maintenance practices. Develop a plan for facilities and programs so that every resident has the opportunity to learn how to swim. ■ Seek partnership options to create community boating programs and education. 8. Parks, recreational areas, and other ■ green public spaces are of high quality and are well-maintained. 9. Corpus Christi offers residents an ■ array of opportunities for water-based recreation. 14 I PLAN CC COMPREHENSIVE PLAN 2035 �E ii EXHIBIT A Resilience and Resource Efficienr Resilience and Resource -Efficiency focuses on the issues of resilience and resource efficiency, particularly energy. Resilience is not only the ability to respond to and recover from hazard events but also the ability to anticipate hazards and reduce overall vulnerability by adapting to changing conditions and promoting multiple lines of defense against hazardous events. The section on resource -efficiency focuses on expanding access to renewable energy sources and promoting efficient resource use through sustainable design. Water conservation is treated in the element Infrastructure, Facilities, and Services. PLAN CC COMPREHENSIVE PLAN 203515 EXHIBIT A Plan CC's Vision for '1 ' 11 • 1 Good stewardship of natural assets reduces our vulnerability to coastal environmental hazards and enhances our resilience. 16 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Goals and Policies GOALS 1. Corpus Christi has a holistic community standard of resilience that adapts to changing conditions such as storm hazards, high winds, and sea level rise. 2. The City has a multiple lines -of - defense strategy for protection against flooding from coastal storm surges. ■ Support periodic review of resilience planning and implementation to adapt to changing conditions. ■ Promote public understanding of risk and the responsibilities of individual households, as well as city, state, and federal governments. ■ Promote implementation of regulations that protect barrier beaches and dunes. ■ Promote implementation of flood -protection measures throughout the city. 3. Government operations and buildings are models of resource -efficiency and renewable sources. 4. Renewable sources of energy, including solar and wind, and other energy -conservation strategies, are available to city households and businesses. 5. Green building techniques are used in new development and retrofits. 6. Reinvestment in existing communities conserves resources and sensitive environments. ■ Support a greenhouse -gas audit and use of renewable energy sources. ■ Continue organizational and operational improvements to maximize energy and resource - efficiency and reduce waste. ■ Give preference to energy-efficient designs, materials and equipment in public facilities and in infrastructure. ■ Expand the use of renewable energy sources for City operations. ■ Promote making renewable -energy options available to homes and businesses. ■ Promote green building through awards and nonfinancial incentives. ■ Support clean-up and adaptive reuse of brownfields. ■ Encourage the preservation and adaptive reuse of existing structures to reduce construction waste and conserve energy and materials. ■ Encourage urban farming and community gardens to promote access to local food. PLAN CC COMPREHENSIVE PLAN 203517 EXHIBIT A Housing and Neighborhoods Housing and Neighborhoods focuses on three issues: overall access to a diverse supply of quality housing; investment in the quality of life in established and new neighborhoods; and promoting community identity and sense of place. Housing goals and policies focus on meeting the diverse needs of households at all income levels and all life -cycle stages, reducing chronic homelessness, and ensuring that all housing is code -compliant, in good condition, and resource -efficient. Goals and policies for neighborhood improvement include support for established neighborhoods, mixed-use urban villages, and more connected neighborhoods. 18 I PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Plan CC's Vision for *// L, f L 4 4' • L I I Lilt High-quality, safe, connected and diverse neighborhoods provide a variety of living choices. Corpus Christi's growth has revitalized older parts of the city; created a new live -work - play neighborhood downtown; resulted in compact, mixed-use centers in key commercial districts; and promoted a connected sense of place and neighborhood in new housing development. Mixed -income neighborhoods provide housing affordable across the income scale for diverse households, young and old—singles, couples, families with children, empty nesters, and retirees. People can get around the city by multiple modes of transportation— connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. PLAN CC COMPREHENSIVE PLAN 2035 1 19 EXHIBIT A Goals and Policies GOALS POLICIES FOR DECISION MAKERS Housing 1. Corpus Christi has a comprehensive housing policy to guide development of quality neighborhoods. 2. Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. 3. Chronic homelessness is significantly reduced. 4. All housing is in good condition and code -compliant. 5. New and redeveloped housing is resource -efficient. ■ Support a community-based system to develop and implement a citywide housing policy that includes stakeholders from government, the nonprofit sector, and the private sector. • Support the planning, regulatory and funding initiatives needed to provide a diversity of housing types—rental and ownership, market -rate and assisted—to meet community needs. ■ Provide proactive city leadership in planning and implementing homelessness policies. ■ Support effective, efficient, and sensitive code enforcement that focuses on compliance. • Ensure that City -assisted housing, whether new or rehabilitated, is resource -efficient. ■ Promote resource -efficiency in all new housing through non-financial incentives, such as permit streamlining. Neighborhoods 6. Corpus Christi sustains and maintains established neighborhoods. 7. Neighborhoods are enhanced by investments in "urban villages" to improve quality of life. Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. Support enhanced code enforcement and campaigns to address litter issues. Promote the organization of neighborhood associations and community initiatives to maintain neighborhoods. Focus public investments—physical, environmental, functional, and social—to support walkable neighborhood commercial and mixed-use districts, including compact centers along major roads. Locate public facilities, civic, and cultural uses within or adjacent to neighborhood commercial districts to act as anchors where feasible. Coordinate among city departments and with the Housing Authority, school districts, county, state and federal agencies on the location of new facilities and the disposition of properties. Communldentify and Sense of Mac_ 8. The design of new developments promotes a sense of neighborhood rather than creating isolated subdivisions or apartment complexes. 20 1 PLAN CC COMPREHENSIVE PLAN 2035 ■ Support regulations and guidelines that promote interconnected development. ■ Ensure that pedestrian and bicycle facilities are available in new and redeveloped areas. ■ Encourage unobtrusive parking solutions. EXHIBIT A Diversifying the Economy and Strengthening the Workforce The Economic Development and Workforce goals focus on diversifying Corpus Christi's economy and supporting well - paying jobs by building on existing industries, promoting innovation, and growing new sectors. Key elements to support diversification include retaining and attracting firms, cultivating an "entrepreneurial ecosystem" that supports small businesses, attracting talented professionals, and ensuring that students and unemployed or underemployed workers are adequately prepared to find and maintain employment. In addition to building on important long-time sectors like oil and gas and tourism, this element stresses the potential of assets such as higher education research and military bases to bring entrepreneurial energy and more 21st - century jobs to Corpus Christi. PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Plan CC's Vision for Economic Develovment Our broadly diversified economy provides opportunity for all. While the port, the oil and gas industry, military bases, and tourism continue as important mainstays of our economy, new sectors are thriving through entrepreneurial start-ups, technology spin-offs from university research, and expanded ecotourism. Our skilled workforce results from a commitment to a strong culture of educational achievement, from pre-school to grad school. Graduates of TAMU-CC and Del Mar College find jobs in Corpus Christi that allow them to stay, grow, and enjoy urban amenities in a Gulf Coast lifestyle. 22 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Goals and Policies IOLICIES FOR DECISION MAKERS 1. Corpus Christi has a diversified economy of well -paying jobs that builds on existing industry strengths and technological innovation. ■ Leverage the technological strengths of companies in the oil and gas cluster by supporting new product development and expansion into new markets. • Support market diversification by the tourism industry. ■ Promote expansion of public and private research activity in the region that offers the potential for the development of new products and the emergence of new industries. 2. Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. ■ Develop and maintain strong lines of communication between local government and businesses to ensure timely response to business needs. ■ Ensure that business taxes, fees, and regulations are reasonable and equitable. ■ Make regulatory processes efficient and transparent. ■ Provide financial incentives judiciously for business investments that offer the potential for strong catalytic impacts, and structure incentives to provide the maximum public benefits. ■ Increase the availability of technical and financial resources essential to entrepreneurship. ■ Foster the development of a high-quality workforce across a wide range of occupations and skill levels that meets the current and emerging needs of local businesses and makes workforce a positive factor for business prospects. ■ Maintain transportation and utility infrastructure in good repair and make additional modernization investments as necessary in a timely manner. 3. Corpus Christi has a robust "entrepreneurial ecosystem" that supports a thriving small business community. • Foster a community culture that recognizes and embraces innovation and entrepreneurship. ■ Invest in the resources and capacity that support new venture startup and growth. ■ Encourage youth to develop entrepreneurial talents. PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A 4. Corpus Christi is a community of choice for talented entrepreneurs and professionals. LOLICIES FOR DECISION MAKERS ■ Foster a community culture that embraces diversity, values new ideas, and welcomes new residents. ■ Create a strong, positive image for Corpus Christi, both internally and externally. • Strengthen community institutions and amenities that provide a high quality of life. ■ Provide positive incentives for highly skilled individuals who have other locational choices to settle in Corpus Christi to pursue their careers. 5. Unemployed and underemployed workers have access to training and support services that enable them to improve their employment status and qualify for jobs offered by local employers. • Ensure that career training programs and other workforce development services are aligned with employer needs and responsive to changing employer demand. ■ Support an easily accessible and seamless service delivery system for jobseekers. ■ Promote provision of essential support services that enable workers to seek and maintain employment. • Promote a balance between responding to immediate labor force needs and planning for longer-term changes in the labor market. 6. Every student completes his or her education, whether high school or college, with the skills needed to enter a well -paying career. ■ Make school completion a high civic priority with broad community support and engagement. • Promote partnerships and encourage integrated early childhood services—incorporating cognitive, intellectual and emotional development, health, and family social services—to ensure that children entering school are ready to learn. ■ Promote provision of a range of age-appropriate career exploration and experience opportunities for children, beginning at the elementary level. ■ Promote alignment of education, including school boards and workforce development agencies, with the needs of local industry. 24 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Getting From Here to There: Transportation and Mobility Transportation and Mobility focuses on improving Corpus Christi's transportation infrastructure and systems, including expanding mode choices to encourage biking, walking, and public transportation while maintaining the roadway system for long-term effective use. Integrating land use and transportation planning, along with support for aviation, rail freight and shipping from Corpus Christi, are key goals for the future. PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Plan CC's Vision for Si fie 411s • • People can get around the city by multiple modes of transportation—connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. City services, infrastructure and utility systems—including streets—have been modernized to ensure that the city can support and maintain urban and industrial growth, employing best practices in a cost-efficient manner. 26 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Goals and Policies 1. Corpus Christi has an efficient and safe transportation network, including bicycles, pedestrians, public transportation, aviation, shipping, trucks and automobiles, that is integrated with land uses and promotes transportation choice, healthy lifestyles, and sustainable development patterns. 2. Corpus Christi's street system is maintained to standards for long- term effective use. 3. Improve the design and function of neighborhood collector and local streets. 4. Corpus Christi has a convenient and efficient public transportation system. 5. Corpus Christi International Airport is the aviation gateway to the Coastal Bend and supports economic development. 6. Support and enhance continuing national freight rail service from Corpus Christi. • Support a multimodal transportation network that is integrated with land uses. • Support compliance with transportation design standards. • Support the development of mode -choice corridors for bicycles, pedestrian and public transportation. • • • • • Support a long-term program to repair existing streets and regularly maintain the system to minimize life -cycle costs. Support adequate and balanced funding sources for long-term operation and maintenance of the street network. Integrate transportation planning with utility infrastructure planning. Promote lower vehicular speeds and bicycle/ pedestrian use on neighborhood streets. Consider a reconstruction program for local streets. Support continued implementation of the Corpus Christi Regional Transportation Authority Long - Range Strategic Plan to prioritize funding to increase ridership and reduce single -occupancy vehicle use. • Support an operations plan to increase the efficiency and lower the life -cycle costs of the public transportation system. • Support transit -oriented development (TODs) near public transportation stations. • Continue to implement the Airport Master Plan. • Support enhancements to rail service essential to the city's economic success. • Minimize delays and improve safety at at -grade railroad crossings. PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A '3 rirr Community Infrastructure Facilities and Services Infrastructure, Facilities, and Services focuses on the improvement of long-term water supplies, water security, waste -water treatment, solid waste disposal and storm water and drainage systems through cost-effective and environmentally sustainable initiatives. Proposed improvements focus especially on long-term planning that integrates management strategies to meet or surpass regional and state goals and standards. 28 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Plan CC's Vision for .. • L %I f. L ' Modernized city services and systems support growth and vitality in all parts of the city. City services, infrastructure and utility systems—including streets, drinking water supply, wastewater, and storm water management—have been modernized to ensure that the city can support and maintain urban and industrial growth, employing best practices in a cost- efficient manner. (lfiauN' 'A! 1.71P1m- kg -isrit:efief,. • -- 21. PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Goals and Policies 1. Corpus Christi has an integrated, sustainable water -resource management program that provides a long-term supply of the right water for the right use—drinking water for residents and processed water for business and irrigation— while ensuring the integrity of environmental systems. 2. Corpus Christi has long-term water security that exceeds state water quality requirements. 3. Corpus Christi has a cost-effective and environmentally sustainable wastewater -treatment system that supports existing development and accommodates future growth. 4. Corpus Christi has a storm water and drainage system that is environmentally and economically sustainable. 5. All residences and businesses have a dependable, environmentally safe means to dispose of solid waste. 6. The City maintains all municipal buildings and facilities for long-term use. 7. Buildings, facilities and open spaces, both public and private, comply with ADA (Americans with Disabilities Act) standards. 8. Corpus Christi has state-of-the-art broadband and telecommunications services. 9. The city's electric grid is protected and resilient. ■ Develop and maintain integrated water -management strategies of surface, reuse, conservation, aquifer storage and recovery and desalination. ■ Support a water system and management master plan to meet demand through the year 2060. ■ Continue implementing the city's water - conservation plan. ■ Support a strategic approach to providing adequate water, wastewater -treatment and storm -drainage infrastructure to support redevelopment and new development in targeted areas. ■ Provide a safe, efficient, and sustainable water supply, treatment, and distribution system in an environmentally sound manner. ■ Maintain and improve existing water infrastructure, including the incorporation of new technologies where appropriate. ■ Support improvements to meet state and federal standards. • Support an approach that establishes priorities for the replacement and correction of existing facility deficiencies and for meeting future needs. ■ Promote natural drainage approaches ("green infrastructure") and other alternative non- structural and structural best practices for managing and treating storm water. ■ Promote reduction of pollutants in the Bay by reducing storm water discharges. • Promote economic development by reducing potential losses due to flooding and water -quality degradation. ■ Review the creation of a more equitable billing system for storm water services. ■ Continue providing city and regional waste - management services. ■ Continue to maximize landfill capacity by supporting recycling that meets or exceeds state and regional goals. ■ Support investment in an asset -management system. ■ Continue to invest in best practices for long- term, life -cycle energy and resource efficiency in improvements, renovations, or new facilities. • Support programs to meet all outstanding ADA deficiencies in public facilities. ■ Make ADA accessibility information available to the public. ■ Seek provision of high-speed Internet and telecommunications access to all residents and businesses. ■ Work with electric service providers to upgrade the grid and put it underground. 30 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A 1. /0 .41-.1 t 1% !lbw121.. — 1 ..- fmg L . • " •r. ilibb. Oso Bay ELEMENT • IMO _I. r Asp ■ inPr . ailL iii -I ijt. u_ i�1liaws-- Future Land Use Zoning, and Urban Design Every comprehensive plan contains an element on future land use and a future land use map. The Future Land Use, Zoning, and Urban Design element sets forth the policy framework for the physical development of Corpus Christi over the next 20 years. It is the guide for decision makers on the pattern, distribution, density and intensity of land uses that, over time, will help the city achieve the community's vision for the future. The future land use map is not a zoning map but provides the foundation for zoning. It guides land -use decision makers when they are called upon to exercise their discretion in making rulings on rezoning and similar issues. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 2035 Plan CC's Vision for • 0L L, : 00 L 9• �•L FROM THE VISION: Corpus Christi's growth has revitalized older parts of the city; created new live -work -play neighborhoods and downtown; resulted in compact, mixed-use centers in key commercial districts; and promoted a connected sense of place and neighborhood in new housing development.... FROM THE PRINCIPLES: ® Pursue high-quality development. Make public investments a model of excellent design and function and establish high- quality design standards for private development. Consistent application of clear standards will make the city more attractive for people who live here now and attract new residents. ® Be strategic. Strategically integrate public physical, economic, and social investments to leverage private investment and grants in order to create critical mass that supports enhanced choices in housing, transportation, and retail and services. This critical mass will then stimulate self-sustaining activities. PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Goals and Policies POLICIES FOR DECISION MAKERS 1. Corpus Christi development patterns ■ Protect and enhance stable residential support efficient and cost-effective neighborhoods. use of resources and high quality of • Promote revitalization and redevelopment of older life. neighborhoods. ■ Support creation of a City redevelopment authority or similar agency. 2. Downtown and mixed-use urban and neighborhood villages provide walkable environments and new housing options. ■ Support planning to create urban and neighborhood villages. 3. Public and private developments ■ Adopt design standards and guidelines that result demonstrate high standards of design. in high-quality built environments. 4. Regulations to protect military and civil- ■ Adopt regulations consistent with the ian airfield and airport use are in place. recommendations of the Joint Land Use Study. 5. Transitions from residential enclaves to non-residential uses have occurred in industrial and aviation special districts. 6. Annexation plans provide for orderly growth in the southern ETJ and indus- trial agreements in the northern ETJ. ■ Support city involvement in setting up a fair transition process. ■ Adopt policies and regulations that ensure orderly development in annexed areas. Housing and Neighborhoods Preserve and support the character of stable residential neighborhoods. Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. Locate multifamily development where there is nearby access to retail, services, and public transportation, such as in mixed-use centers or urban villages. Promote interconnected neighborhoods with appropriate transitions between lower -intensity and higher -intensity land uses. Avoid locating small areas of residential uses where they will be surrounded by intensive commercial or industrial uses. Mixed -Use Centers Promote residential and mixed-use development downtown. Provide for compact and walkable mixed- use urban villages that concentrate retail and services within walking distance of neighborhood residences and where they could support improved public transportation service, such as expected major bus stations and future stops for bus rapid transit, creating "transit - ready" locations. Provide for neighborhood villages— smaller mixed -used areas to concentrate neighborhood -serving retail and services along with some residential development. Efficient Development Patterns Locate new residential developments adjacent to and connected to existing development. Avoid "leapfrog" development that locates subdivisions far from other residential areas. Avoid development that is incompatible with the operation of military airfields and the airport. Use annexation powers combined with minimum lot size in zoning and infrastructure policy to promote orderly and efficient development in the ETJ. Locate heavy industrial uses close to one another and to services for industrial uses. Environment and Resilience Preserve and protect environmentally sensitive land and water. Preserve land around creeks and drainage corridors to achieve a green network of interconnected parks, multi -use paths, passive and active recreational spaces, and conservation land. Avoid development without resilience measures and mitigation in areas vulnerable to hazards. a • IDULId OSfl • uei sop ue . PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A 1PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A u a o a d A PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A re Land Use Definitions RURAL USES Agriculture/Rural Enterprise This category includes farms and other enterprises that serve the rural population, such as convenience retail and gas stations, agricultural suppliers, and so on. Uses include: ® Single-family homes on very large lots or associated with rural enterprise uses ® Agricultural uses ® Vacant land that has not previously been developed ® Small business clusters that serve a rural population RESIDENTIAL USES The predominant residential land use in the City of Corpus Christi is the single-family dwelling at a range of densities. Instead of a general residential category, the Future Land Use Map for Plan CC designates three density levels for single-family housing and a separate land use category for multifamily development and for mixed-use development, which can include housing. The purpose of this approach is to show multifamily housing locations. All residential categories also include schools, churches, and neighborhood -serving public uses. Where small enclaves of residential uses are surrounded by existing or planned light -industrial or intensive commercial uses, rezoning should not perpetuate or enlarge these enclaves. Single -Family ® Low-density single-family: up to 4 units per acre ® Medium -density: 5 to 12 units per acre (including two-family dwellings) ® High-density: more than 12 units per acre Multifamily ® Multifamily development can range from small apartment buildings with three or four units and townhouse developments to large apartment buildings. Smaller buildings of no more than three stories can coexist with neighborhoods of predominantly single-family housing, preferably located at intersections or on collector streets. ® Preferred locations for larger buildings include downtown and downtown -adjacent areas, locations within a walkable distance of urban village cores, and transportation and transit corridors. • COMMERCIAL USES Commercial land uses include retail and office uses that are typically open to the public at large. Other commercial uses, such as wholesale and distribution businesses, are included in the light industry category because they have similar impacts, such as high volumes of trucking. In Corpus Christi, 60 percent of retail development is located in the SH358/South Padre Island Drive corridor. The concentration of retail and other commercial businesses in this corridor is unlikely to change, particularly because so much of it is located on frontage roads to the highway. The desired change is for redevelopment and transformation of this commercial area into higher -value and more attractive development with higher design standards. Schools, churches, and neighborhood -serving public uses can be included in commercial land use areas. Zoning can distinguish among different types of commercial development including: Neighborhood Commercial ® Areas for neighborhood retail and services that meet the day-to-day needs of residents and workers of surrounding neighborhoods (typically within a 3 -mile radius) with a range of uses such as smaller grocery stores, banks, restaurants and services such as small professional and health offices, barber/ beauty shops, dry cleaners, and so on. ® These areas are accessible by automobile with sufficient parking, but also should be designed to accommodate pedestrian and bicycle access. General Commercial ® Commercial areas serving a citywide or regional trade area, including shopping and entertainment centers that offer a range of retail and service establishments, including large supermarkets, department stores, movie theaters, big box stores, and supporting retail and professional services. ® Office buildings or office uses on upper stories. ® Leisure and entertainment uses. ® General commercial areas are generally accessed by auto, but these properties should be designed to accommodate pedestrians and bicyclists, provide interior circulation between properties, and use appropriate landscaping to counter heat island and stormwater-management impacts. 36 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A INDUSTRIAL USES Most of the industrial uses within the city limits of Corpus Christi are light industrial; heavy industry is located in the ETJ industrial districts. Light Industrial ® Light industrial and office uses, potentially in "business park" settings, and typically near major transportation routes and services including highways, railroads, and airport facilities. Light industrial uses typically produce consumer or end-user goods, require limited amounts of raw materials and energy, and are small- to medium - scale in size. Examples include food processing, furniture manufacture, and consumer electronics. ® Small- to medium-sized warehouse and distribution uses. ® Urban agriculture to produce a mixture of foodstuffs for sale ® Supporting uses, such as minor retail and services that support the major uses. Heavy Industrial ® Heavy manufacturing and large warehousing and distribution facilities. ® Heavy industry is capital -intensive and generally sells to other industries rather than to final consumers. ® Uses that require significant truck traffic and/or rail connections. Supporting uses such as minor retail, services, and offices connected to the industrial use or serving an industrial park. ® Certain public uses, such as landfills, that have an industrial character and impact. TRANSITION DISTRICTS Special 1-37 Transition District The Special I-37 Transition District covers the residential uses west of the alignment of the new Harbor Bridge and north of I-37, such as Hillcrest and Dona Park. Located close to oil refineries and other industrial establishments, these neighborhoods have long been concerned about environmental pollution and contamination and have been losing population. The construction of I-37 cut them off from neighborhoods to the south. The Transition District designation indicates that over time the residential uses should leave this area and the designated land use should become light industrial or a buffer use (offices, supporting uses) within a heavy industrial district. The existing residential population includes both owner -occupants and tenants, predominantly low- income. The transition should take place over time within a framework that provides fair compensation and assistance to residents in moving to other parts of the city. Special Aviation Transition District The Special Aviation Transition District is also a district for transition from residential to non- residential uses, but for a different reason. NAS -CC and the City prepared and adopted a Joint Land Use Study (JLUS) in 2013 that called for land use changes to ensure compatibility with military and civilian aviation. For NAS -CC, this means avoiding residential land uses and other concentrations of people between the military installation and South Padre Island Drive. Implementing this recommendation of the JLUS is particularly important for NAS -CC, one of the most important employers in Corpus Christi. The federal government is expected to begin another evaluation of potential base closings in 2017, and efforts to implement the JLUS will help secure NAS in Corpus Christi. Like the I-37 Transition District, the Aviation Transition District is home to a low- and moderate - income population of owner -occupants and tenants and the transition process is likely to take many years. A process providing for fair compensation and assistance should be put in place for this area as well and could involve reimbursement programs run by the Federal Aviation Administration. MIXED-USE AREAS Mixed-use centers, ranging from vibrant downtown environments to active urban villages, include residential, retail, and office uses. Mixed-use centers are pedestrian -friendly and provide concentrated population and activity centers that can support enhanced transit. The mixture can be vertical, with uses on different floors of a building, and horizontal, with different uses side by side, and include multifamily, townhouse, cottage and small -lot single-family residential, retail and services, offices, hotels and live/work structures. Buildings should be oriented to the street, with active ground -floor uses that provide easy pedestrian access. Parking should be located in the rear of the lot or to the side where PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A lots are shallow, or in parking structures. Shared parking districts can make parking more efficient and benefit the entire district. Uses that require large amounts of trucking are not suitable for mixed-use areas. Churches, schools and public uses are included in mixed-use areas. Plan CC has one mixed-use land use designation that includes three types of mixed-use districts, which can be distinguished through zoning or overlay districts: ® Downtown: Downtown is the largest center of pedestrian -oriented, mixed-use activity, with both vertical and horizontal mixture of uses, including housing, offices, ground -floor retail, services, restaurants and entertainment, cultural amenities, and so on. The mixture of uses creates avibrant 18- to 24-hour, 7 -day -a -week live -work -play environment. Urban Village: Urban Villages are medium- sized walkable centers that cover multiple blocks, include ground -floor stores and restaurants and upper -story offices, and typically have public transportation stops or stations. The types of stores, restaurants, and other amenities serve residents in the surrounding neighborhood and attract people from other parts of the city. ® Neighborhood Village: Neighborhood Villages are smaller, walkable, mixed-use villages that can be as small as a few blocks around an intersection. They primarily serve the surrounding neighborhoods with retail and services. ® A "collegetown" is a type of Urban Village, with retail, services, entertainment, and (often) housing, that is oriented toward the needs of students and located near a university or college or student -oriented housing. OTHER INSTITUTIONAL Hospitals, colleges, universities, and similar institutions, whether public or private, are designated as separate land uses because of their campus -like character, which requires special attention to edges and relationships with adjacent areas. GOVERNMENT Government uses include federal, state, county, regional and municipal government facilities and installations, except for government-owned institutions. PERMANENT OPEN SPACE Parks and playgrounds, recreational fields and facilities, greenways, and other green areas managed for public access and recreation FLOOD PLAIN CONSERVATION Lands within the 100 -year flood plan, preferably preserved for environmental reasons TRANSPORTATION Airports, railroads, highway and interstate rights-of-way. PLANNED DEVELOPMENT AREAS Planned development areas are lands that are currently undeveloped or underutilized but may be suitable in the future for a variety of uses, taking into account environmental and other constraints. Designated on Padre and Mustang islands and in the potential annexation areas, planned development areas are expected to require a rezoning tied to a master planning process or an Area Development Plan process. Key: Future Land Use Map [facing page) Mixed Use Agriculture/Rural Enterprise Commercial Government Institutional Heavy Industrial Light Industrial Low -Density Single -Family Residential 38 1 PLAN CC COMPREHENSIVE PLAN 2035 Medium -Density Single -Family Residential High -Density Single -Family Residential Multifamily Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space EXHIBIT A I:3 Flood Plain Conservation Water 100 -Year Flood Plain City Limit Extraterritorial Jurisdiction Planning District Central Business District Proposed Harbor Bridge Alignment �r ot li 1 ittialsow 114 Rig Adiri EXHIBIT A PLAN CC COMPREHENSIVE PLAN 2085 Downtown Planning District Future Land Use FUTURE LAND USE Downtown Planning District Mixed Use Agriculture/Rural Enterprise IIIIIII�Commercial Government IIIII■Institutional IIIII■ Heavy Industrial IIIII■ Light Industrial Low -Density Single -Family Residential 4 J PLAN CC COMPREHENSIVE PLAN 2035 Medium -Density Single -Family Residential High -Density Single Family Residential Multifamily Residential r Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space EXHIBIT A Flood Plain Conservation Water 100 -Year Flood Plain 1::„ City Limit Extraterritorial Jurisdiction Planning District ^J Central Business District Proposed Harbor Bridge Alignment Westside Planning District Future Land Use FUTURE LAND USE Westside Planning District Mixed Use Agriculture/Rural Enterprise Commercial Government Institutional Heavy Industrial Light Industrial Low -Density Single -Family Residential Medium -Density Single -Family Residential High -Density Single Family Residential Multifamily Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space EXHIBIT A Flood Plain Conservation Water 100 -Year Flood Plain City Limit Extraterritorial Jurisdiction I= Planning District ^J Central Business District Proposed Harbor Bridge Alignment PLAN CC COMPREHENSIVE PLAN 2035 Midtown Planning District Future Land Use 42 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Southside Planning District Future Land Use 5 m x X - d U W 1 U d 0 1 I I - O C O p 'f. Q U U' = S J J EXHIBIT A [111111:1 1.11211X111: PLAN CC COMPREHENSIVE PLAN 203543 Flour Blu f Planning District Future Land Use Jtiiwarl FUTURE LAND USE Flour Bluff Planning District Mixed Use Agriculture/Rural Enterprise Commercial Government JJJJ■ Institutional Heavy Industrial Light Industrial Low -Density Single -Family Residential 1PLAN CC COMPREHENSIVE PLAN 2035 Medium -Density Single -Family Residential High -Density Single Family Residential Multifamily Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space EXHIBIT A Flood Plain Conservation Water 100 -Year Flood Plain I,. City Limit Extraterritorial Jurisdiction CI Planning District ^J Central Business District Proposed Harbor Bridge Alignment Padre/Mustang Planning District Future Land Use O 0 0.5 1 1.5 Miles FUTURE LAND USE Padre Island/ Mustang Island Planning District Mixed Use Agriculture/Rural Enterprise Commercial Government Institutional Heavy Industrial IN Light Industrial Low -Density Single -Family Residential Medium -Density Single -Family Residential High -Density Single Family Residential Multifamily Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space EXHIBIT A Flood Plain Conservation Water 100 -Year Flood Plain City Limit Extraterritorial Jurisdiction CI Planning District ^J Central Business District Proposed Harbor Bridge Alignment PLAN CC COMPREHENSIVE PLAN 2035 1 45 CC Airport Planning District Future Land Use 46 1 PLAN CC COMPREHENSIVE PLAN 2035 iiiiiiiiimiimil �® EXHIBIT A Northwest Planning District Future Land Use PLAN CC COMPREHENSIVE PLAN 2036 EXHIBIT A Chapman Ranch Planning District Future Land Use 48 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A 11 a'iiP1N1111:1911I-1 Stewardship and Implementation of the Plan This element focuses on implementation of the plan and has two sections. The first focuses on how to make Plan CC a "living" plan that is used, implemented, monitored and regularly updated, including organizational and incentive strategies to advance implementation. The second section provides a matrix of action plans that correspond to each of the plan elements. Although there is more focus on actions that the City of Corpus Christi government can take to implement the plan, many actions will also need the participation of private -sector partners. PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Goals and Policies IIIM POLICIES FOR DECISION MAKERS 1. A new, long-range planning system is in place. ■ Establish a comprehensive plan system based on a twenty-year time horizon. ■ Require that Area Development Plans and Specific Plans reflect the vision and goals of the overall comprehensive plan. ■ Amend planning ordinances to reflect the new type of comprehensive planning system. 2. The comprehensive plan is subject to regular public review of progress. ■ Establish public review of progress in implementing the plan. 3. A new Planning Department is in place. ■ Give the Planning Department a proactive role in coordinating initiatives to implement comprehensive and other plans. 4. The City has enhanced and new tools to implement the plan. ■ Make City programs and resources consistent with implementation of Plan CC. ■ Use incentives strategically to create a critical mass of improvements in designated areas. 5. Implementation of the comprehensive ■ Use the plan in preparing and approving other plan is incorporated in decision- planning and implementation activities by City making at multiple levels. agencies. 6. The City has expanded funding options to achieve the goals. ■ Use the funding approach that fits the goal. ■ Build relationships with government funders and philanthropies. 50 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A PLAN CC COMPREHENSIVE PLAN 2035 ��Yi- EXHIBIT A PLAN CC COMPREHENSIVE PLAN 2035 CITY OF CORPUS CHRISTI, TEXAS 1 ADOPTED XXXX 2015 EXHIBIT A Plan CC Comprehensive Plan 2035 pj cc City Council Public Hearing October 13, 2015 Schedule 0 PLAN cc • October 13 - Presentation & Public Hearing • October 19 - Council Members Submit Comments • October 27 -1St Reading of Ordinance ❑ Vote on Changes to the Plan • November 10 - 2nd Reading of Ordinance Highlights of the Plan 0 PLAN cc Expanding choices to create a more competitive city • Creating options for current and new residents • Housing/ Neighborhoods • Transportation • Potential 20-50,000 new households • Development both within and outside the current city limits. • Taking care of our infrastructure. • Protecting/ enhancing parks & natural resources. • Enhancing quality of life by improving places and connections. Framework for the Future 0 PLAN CC ✓ The Vision: a shared vision of what kind of city we want to be in 20 years ✓ The Principles: a shared set of values to guide planning and implementation ✓ The Goals: our target conditions to achieve the vision ✓ The Policies: guidance for decision -makers making choices for the city's future What Citizens Said 0 PLAN CC • "I like that you are trying to make Corpus a more livable city for young people." • "More research/entrepreneurial advancement would be a gold mine." • "Most people are moving to the south side for a reason, probably good reasons no one should second guess." • "Encouragement of alternatives to have an urban life style as opposed to only have suburban apartment or housing options is a big deal to new professionals." The Vision 0 PLAN CC ✓ Our broadly diversified economy provides opportunity for all. ✓ Modernized city services and systems support growth and vitality in all parts of the city. ✓ High-quality, safe, connected and diverse neighborhoods provide a variety of living choices. ✓ Stewardship of our natural heritage and green space networks strengthens our unique character and supports resilience. Key Concepts: Economy & Workforce 0 PLAN CC • Create a diversified economy with well paying jobs that build on existing industry strengths and technological innovation. • Build a robust entrepreneurial ecosystem. • Provide opportunity to build new skills for better jobs. • Make school completion a high civic priority with broad community support and engagement. • Make the city a place that is attractive to talented professionals and entrepreneurs. Key Concepts: Housing & Neighborhoods 0 PLAN CC Diverse households at different stages of the life cycle need different housing choices. Young Professionals Empty nesters tit You ng Fa mines ✓ 64% of households have no children under 18 ✓ 57% of households are one - or two -person households c � f -tit t 'sem• \ • "J C'r'!] +"� h1ULT1PLE LivE/uIORK \ DETACsiEID BINDLE—R4FtlLY HOMES 4, 9lJNC 4LCJU! TQUNNOUBE X \ a " TRIPLEX 4 4Cpp1TYTO COURT 1 -- - DUP i < FGUl2PLEX `'itoPLE i-tous N� a - - r+�sSrN� russey-1ee1r-ceb:nee11,aa ^e MOpkos o.ss` OYTICOS IYmrmm 0 2015. Oebca, ©.sp\ Inc 8 Key Concepts: Housing & Neighborhoods 0 PLAN CC • New options to complement traditional suburban -style development. • Downtown housing to drive revitalization and vitality for residents and visitors. • Mixed-use urban villages and "collegetowns" to upgrade traditional neighborhoods and create compact centers within new neighborhoods. 9 Key Concepts: Transportation & Mobility CC • Repair and maintain street infrastructure. • Develop bicycle and pedestrian networks to safely link destinations. • Provide frequent, comfortable, and convenient public transportation. Key Concepts: Infrastructure and Facilities • Long-term water security • Cost-effective, environmentally sound, and sustainable water, wastewater, storm water systems • Public facilities maintained for long-term use • Utilities to support competitive economic development and growth 11 Key Concepts: Land Use, Zoning & Urban Design P,oN cc ArrIN 1950 - 2010: City area grew 3 times faster than population n. , ,,r, Date mi Original - 1653 1920 - 1929 in 1930 -1939 1940 -1949 1950 - 1959 1960 -1969 im 1970 -1979 - - Extraterritorial lurisdttion ▪ 1990 -1969 p City Limit 1990 -1999 - 2000 - 2009 Dato source City of Corpus 0 O 4 - MIM 12 What's Different in the Future Land Use Map 0 PLAID CC • Mixed-use areas: — Approximately 4% of total city area including downtown and proposed urban villages. • Transitional areas north of I-37 • Transitional areas for compatibility with NAS -CC • Planned Development areas on Padre Island • Annexation Planned Development areas: — 5,000 acres in Southside/London — 3,000 acres in Northwest • Industrial District Agreements across CC Bay 13 Annexation Map PLAN CC COMPREHENSIVE PLAN MS ntown Padre/ Mustang Island Corpus Christi Proposed Annexation Areas -'PrepOSed Annexation Meas - PropOSed 1ndu51na1 DISVltt Q Extraterritorial Jurisdiction Q Corpus Christ) City Limn -r 20r, rnsse 0 0 5 �Mlres 14 Implementation 0 PLAID cc • Public resources, incentives, and investments are scarce. • Focus resources to help create critical mass, which creates visible change and attracts private investment. • Establish a new planning department and make the planners the coordinators for implementing the plan. • Establish cross -department task forces around places for strategic investment. • Build relationships with state and national funders. 15 Schedule 0 PLAN cc • October 13 - Presentation & Public Hearing • October 19 - Council Members Submit Comments • October 27 -1St Reading of Ordinance ❑ Vote on Changes to the Plan • November 10 - 2nd Reading of Ordinance 16 PIAN CC CO,:. '.,? NSIYE PIAN Z033 Questions? 17 SUMMARY COMMENTS ON THE PLAN CC DRAFT DATED MAY 2015 RELEVANT TO GOALS AND POLICIES Matrix includes comments received through June 19, 2015 NATURAL SYSTEMS, PARKS & RECREATION GOAL 1— CORPUS CHRISTI BAY, THE NUECES RIVER, O5O BAY, O5O CREEK, AND OTHER WATER RESOURCES ARE CLEAN, PROVIDE ENVIRONMENTALLY HEALTHY AQUATIC AND WETLAND HABITAT, AND ARE FISHABLE AND SWIMMABLE. POLICIES • Support initiatives to ensure that it is always safe to swim at public beaches on the bay and on Padre and Mustang Islands. ■ Support initiatives to improve water quality so that shellfish beds are open throughout the city and can thrive throughout the Bay. ■ Support programs to manage the balance of fresh and salt water in the estuary. COMMENTS Clean Water on our Beaches and Bays are very important but there was a section of the Plan that calls for the swimmability of Oso Bay and Oso Creek. According to the Texas Parks and Wildlife, the bad bacteria levels there are way out of line and it would not be feasible to correct them because the main pollutant is wildlife (bird droppings)! CONSULTANT RESPONSE The language can be modified to accommodate this issue. STAFF RESPONSE The source of Oso Bay and Oso Creek bacteria has not been determined. "Bird droppings" are listed as the source of contamination for the Blind Oso only. Currently there is a TMDL/I-Plan underway for Oso Bay/Oso Creek for bacteria. This process will determine the source of contamination and include activities to address and restore the designated use for Oso Bay/Oso Creek which is "Contact Recreation." The language regarding these natural systems should not include that they are fishable/swimmable but that they meet EPA Water Quality Standards for their specific designated uses. GOAL 2 — WETLAND AREAS ARE PROTECTED OR EFFECTIVELY REPLACED 50 THAT THERE I5 NO NET LOSS OF WETLANDS. POLICIES • Support initiatives to preserve wetlands in the estuary. ■ Support creation of a wetlands mitigation bank, if feasible. COMMENTS Support wetlands... CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 3 — IMPORTANT NATURAL AREAS, SUCH AS BIRD BREEDING SITES, ARE PRESERVED AND PROTECTED AS USABLE HABITAT NETWORKS WITH ECOLOGICAL INTEGRITY. POLICIES • Support initiatives for preservation of bird rookeries and similar critical habitat sites. ■ Continue to support and protect nature preserves. ■ Promote ecotourism as a way to encourage and fund preservation of the natural environment and wildlife habitat. COMMENTS Support....animal habitats... I support: Building on Natural Systems: Increasing preservation of ecologically important systems that protect our tourism, recreation, flood prone areas and water quality. CONSULTANT RESPONSE No response. 1 STAFF RESPONSE No response. GOAL 4—THE CITY HAS A NETWORK OF GREEN CORRIDORS INCLUDING 050 CREEK, DRAINAGE WAYS, MEDIANS AND STREET TREES, PARKS, AND URBAN WILDS TO ENHANCE CONNECTIONS FOR BIRDS AND OTHER WILDLIFE POLICIES • Give priority to natural, green drainage systems for storm water management. • Give priority to strengthening the green character of existing open spaces. ■ Secure protection of the Oso Creek corridor through implementation of a linear park along Oso Creek. ■ Coordinate storm water management with trails and green network projects. COMMENTS Parks, infrastructure ROWs (i.e. storm water drainage and retention canals), and hike and bike trails should be connected in one system. The more I re-read the plan, the more excited I am that there is consideration for making the city more walkable, provide more trees, and that consideration is given to connecting paths through the use of existing drainage areas. To continue to be an appealing place for a changing generation, these are the amenities that other cities provide and who in a way, we are competing against. I support parks, infrastructure ROWs (i.e. storm water drainage and retention canals), and hike and bike trails be connected in one system. CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 5 – NATURAL BARRIER-BEACH ENVIRONMENTS ARE PROTECTED. POLICIES • Support enforcement of regulations that protect barrier beaches. COMMENTS No comments. GOAL 6 – NATIVE AND OTHER TREES ADAPTED TO THE ENVIRONMENT PROVIDE SHADE ALONG MAJOR STREETS AND IN PARKS AND OTHER PUBLIC SPACES POLICIES • Promote tree preservation and tree planting on public and private property. ■ Support creation of "adopt a tree" programs. ■ Give priority to native tree planting along major corridors and other public spaces, with sufficient short-term irrigation to establish trees for long-term drought-tolerant survival. ■ Support a full urban forestry program with appropriate staff within the Parks and Recreation Department. COMMENTS Invest in a City Forester Position: It is overdue that the City of Corpus Christi invest in a full time position to coordinate and prioritize tree planning and planting on public lands in CC. Plant trees in all parks. And the City Forester could plant trees that are well labeled! Shade and enclosed space would be awesome. CONSULTANT RESPONSE No response STAFF RESPONSE No response. 2 GOAL 7 — CORPUS CHRISTI HAS A NETWORK OF ATTRACTIVE AND SAFE PARKS THAT PROVIDE SHADE AND OTHER AMENITIES, ARE WELL -USED BY THE PUBLIC, AND MEET THE DIVERSE NEEDS OF THE POPULATION. POLICIES • Promote strategic implementation of the 2012 ten-year Parks and Recreation Master Plan (PRMP) to support comprehensive plan goals. ■ Update the PRMP every ten years. ■ Support cost-effective redesign to ensure that parks are safe and provide sufficient shade. COMMENTS My toddler is a runner. We like to go to Cole Park and the park across from McGee Beach. But, it can be very stressful because he likes to run away, and sometimes towards the street. I have lots of mom friends who use the playground at St Phillips Catholic church on Cimarron, but that is a drive from the area of town I live in. A shaded, enclosed public play area would be a gift to families with toddlers still learning to stay close to mom and dad. CONSULTANT RESPONSE Parks & Recreation Master Plan implementation includes creation of park design templates to include designs that meet a variety of needs. STAFF RESPONSE Same as consultant. GOAL 8 — PARKS, RECREATIONAL AREAS, AND OTHER GREEN PUBLIC SPACES ARE OF HIGH QUALITY AND ARE WELL-MAINTAINED. POLICIES • Provide adequate resources for basic maintenance and operations of all parks, recreational facilities, and other green public spaces, as discussed in the PRMP. ■ Continue to seek partnerships and sponsorships to support park maintenance. ■ Incorporate sustainable maintenance practices. COMMENTS No comments. GOAL 9 — CORPUS CHRISTI OFFERS RESIDENTS AN ARRAY OF OPPORTUNITIES FOR WATER-BASED RECREATION. POLICIES • Develop a plan for facilities and programs so that every resident has the opportunity to learn how to swim. ■ Seek partnership options to create community boating programs and education. COMMENTS The municipal marina is a jewel among marinas, yet one in which few participate....The bay on the western side of the bay is very choppy. This makes sailing small boats a challenge. We need a municipal marina on the southeast side of the bay. It should be a marina suitable for smaller craft. Our famous southeast prevailing winds are still available, but water is relatively calm. It is ideal for small boats of all varieties....lf I could be "king -for -a -day" I would establish a joint public / private marina coinciding with the two entrances to TAMU-CC. It would have a landmass into the bay & bulkheads similar to the T -Heads with a hotel / convention center, floating docks, breakwater, multiple launch ramps and boaters facilities. I would create a competitive sailing program in all the area middle schools and high schools. The middle schools would each have at least three single -hand sailboats while the high schools would each have at least three 2 -man sloops. Corpus Christi would be the North American center for Olympic Sailing. If TAMU-CC were not willing, I would locate the facility (without the hotel) at Swantner Park. It is our bay that makes us Corpus Christi. We should embrace it. CONSULTANT RESPONSE The plan suggests promoting community boating/sailing as suggested in more detail in this comment. Downtown revitalization can promote more activity in and around the downtown marina. One of the problems today is that there is little to do in downtown when boaters leave their craft and enter the city. STAFF RESPONSE Same as consultant. 3 RESILIENCE AND RESOURCE EFFICIENCY GOAL 1— CORPUS CHRISTI HAS A HOLISTIC COMMUNITY STANDARD OF RESILIENCE THAT ADAPTS TO CHANGING CONDITIONS. POLICIES • Support periodic review of resilience planning and implementation to adapt to changing conditions. ■ Promote public understanding of risk and the responsibilities of individual households, as well as city, state and federal governments. COMMENTS I support: Resilience: Requiring increased hazard mitigation and/or limiting growth in areas with poor drainage and that are flood prone in hurricanes. CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 2 — THE CITY HAS A MULTIPLE-LINES-OF-DEFENSE STRATEGY FOR PROTECTION AGAINST FLOODING FROM COASTAL STORM SURGES. POLICIES • Promote implementation of regulations that protect barrier beaches and dunes. ■ Promote implementation of flood-protection measures throughout the city. COMMENTS No comments. GOAL 3 — GOVERNMENT OPERATIONS AND BUILDINGS ARE MODELS OF RESOURCE- AND ENERGY-EFFICIENCY AND RENEWABLE SOURCES. POLICIES • Support a greenhouse gas audit and use of renewable energy sources. ■ Continue organizational and operational improvements to maximize energy and resource efficiency and reduce waste. • Give preference to energy efficient design, materials and equipment in public facilities and infrastructure. ■ Expand the use of renewable energy sources for City operations. COMMENTS No comments. GOAL 4 — RENEWABLE SOURCES OF ENERGY, INCLUDING SOLAR AND WIND, AND OTHER ENERGY-CONSERVATION STRATEGIES, ARE AVAILABLE TO CITY HOUSEHOLDS AND BUSINESSES. POLICIES • Promote making renewable energy options available to homes and businesses. COMMENTS I noted the wonderful ideas for developing green energy in your report. I am a strong supporter of renewable energy, and understand that the Chapman Ranch was annexed specifically to block a wind farm that will be miles from the nearest city neighborhood. Why would the Council be so short sighted? Not only will it bring renewable energy to the area, but it will also bring jobs. Please urge the city to reverse the annexation, and fix the mess they have created so that they can join the rest of us in the 21st century. CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOALS 5 — GREEN BUILDING TECHNIQUES ARE USED IN NEW DEVELOPMENT AND RETROFITS. 4 POLICIES • Promote green building through awards and nonfinancial incentives. COMMENTS For energy efficient housing, have builders and developers use the Coastal Bend Green Built program. It is the Green and Energy Efficient program of choice in the Corpus Christi area. CONSULTANT RESPONSE The CBGB program is good. However, for a 20 -year plan, a more general policy that can encompass acceptable alternatives that may emerge in the future is more suitable STAFF RESPONSE Same as consultant. GOAL 6 — REINVESTMENT IN EXISTING COMMUNITIES CONSERVES RESOURCES AND SENSITIVE ENVIRONMENTS POLICIES • Support clean-up and adaptive reuse of brownfields ■ Encourage the preservation and adaptive reuse of existing structures to reduce construction waste and conserve energy and materials. ■ Encourage urban farming and community gardens to promote access to local food. COMMENTS No comments. HOUSING AND NEIGHBORHOODS GOAL 1 - CORPUS CHRISTI HAS A COMPREHENSIVE HOUSING POLICY TO GUIDE DEVELOPMENT OF QUALITY NEIGHBORHOODS. POLICIES Support a community-based system to develop and implement a citywide housing policy that includes stakeholders from government, the nonprofit sector, and the private sector. COMMENTS No comments. GOAL 2 - QUALITY HOUSING MEETS THE DIVERSE NEEDS OF HOUSEHOLDS AT ALL INCOME LEVELS AND ALL STAGES OF THE LIFE CYCLE. POLICIES • Support the planning, regulatory and funding initiatives needed to provide a diversity of housing types, rental and ownership, market rate and assisted, to meet community needs. COMMENTS I have indicated parts I agree with and have added additional comments: Commit to supporting quality of life in diverse areas for persons at all stages of life. Support in home care of the elderly, access to public and other transportation, shopping, especially for groceries, and health care. CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 3 — CHRONIC HOMELESSNESS I5 SIGNIFICANTLY REDUCED. POLICIES • Provide proactive city leadership in planning and implementation of homeless policies. ■ Support implementation of a "housing first" policy to address homelessness. COMMENTS I agree with....Create viable effective plan for homeless population. 5 CONSULANT RESPONSE No response. STAFF RESPONSE No response. GOAL 4 – ALL HOUSING I5 IN GOOD CONDITION AND I5 CODE COMPLIANT. POLICIES • Support effective, efficient, and sensitive code enforcement that focuses on compliance. COMMENTS I agree with....Strengthen environmental code enforcement and ENFORCE CITY CODES. Ensure that the city enforces code compliance. Use code enforcement to reduce slum landlord operations in inner city Corpus Christi. Enforce property codes with respect to illegal dumping, junked cars, tires, weeds, litter, trash, stray animals, etc. Have consistent code enforcement CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 5 – NEW AND REDEVELOPED HOUSING 15 RESOURCE -EFFICIENT. POLICIES • Ensure that City -assisted housing, whether new or rehabilitated, is energy efficient. ■ Promote resource -efficiency in all new housing through non-financial incentives, such as permit streamlining. COMMENTS No comments. GOAL 6 – CORPUS CHRISTI SUSTAINS AND MAINTAINS ESTABLISHED NEIGHBORHOODS. POLICIES • Support incentive programs to encourage infill development and rehabilitate housing stock in established neighborhoods. ■ Support enhanced code enforcement and campaigns to address litter issues. ■ Promote the organization of neighborhood associations and community initiatives to maintain neighborhoods. COMMENTS No comments. GOAL 7 – NEIGHBORHOODS ARE ENHANCED BY INVESTMENTS IN "URBAN VILLAGES" THAT IMPROVE QUALITY OF LIFE. POLICIES • Focus public investments—physical, environmental, functional and social—to support proposed walkable neighborhood commercial and mixed use districts, including compact centers along major roads. • Locate public facilities, civic and cultural uses within or adjacent to neighborhood commercial activity centers to act as anchors. ■ Coordinate among city departments and with the Housing Authority, school districts, county, state and federal agencies about locating new facilities and disposition of properties. COMMENTS Why is this plan so focused on bike paths and being able to walk to shopping? CONSULTANT RESPONSE - The plan is focused on providing more choice – in mobility, in housing, in types of places. Communities throughout the country that want to be competitive in the 21st century, including in Texas, find that new generations are looking for alternatives to conventional suburban -style development. 6 7 - See comments to Future Land Use. Goal 2. STAFF RESPONSE Same as consultant. GOAL 8 — NEW DEVELOPMENTS ARE DESIGNED TO PROMOTE A SENSE OF NEIGHBORHOOD, RATHER THAN AS ISOLATED SUBDIVISIONS OR APARTMENT COMPLEXES. POLICIES • Support regulations and guidelines that promote interconnected development. ■ Ensure that pedestrian and bicycle facilities are available in new and redeveloped areas. ■ Encourage unobtrusive parking solutions. COMMENTS No comments. ECONOMIC DIVERSITY AND WORKFORCE DEVELOPMENT GOAL 1— CORPUS CHRISTI HAS A DIVERSIFIED ECONOMY OF WELL -PAYING JOBS THAT BUILDS ON EXISTING INDUSTRY STRENGTHS AND TECHNOLOGICAL INNOVATION. POLICIES • Leverage the technological strengths of companies in the oil and gas cluster by supporting new product development and expansion into new markets. ■ Support market diversification by the tourism industry. ■ Promote expansion of public and private research activities in the region that offer the potential for the development of new products and emergence of new industries COMMENTS No comments. GOAL 2 — CORPUS CHRISTI I5 ABLE TO ATTRACT AND RETAIN FIRMS BECAUSE OF ITS COMPETITIVE ASSETS AND SUPPORTIVE BUSINESS ENVIRONMENT. POLICIES • Develop and maintain strong lines of communication between local government and businesses to ensure timely responses to business needs. ■ Ensure that business taxes, fees and regulations are reasonable and equitable. ■ Make regulatory processes efficient and transparent. ■ Provide financial incentives judiciously for business investments that offer the potential for strong catalytic impacts, and structure incentives to provide the maximum public benefits. ■ Increase the availability of technical and financial resources essential to entrepreneurship. ■ Foster the development of a high-quality workforce across a wide range of occupations and skill levels that meets the current and emerging needs of local businesses and makes workforce a positive factor for business prospects. ■ Maintain transportation and utility infrastructure in good repair and make additional modernization investments as necessary in a timely manner. COMMENTS No comments. GOAL 3: CORPUS CHRISTI HAS A ROBUST "ENTREPRENEURIAL ECOSYSTEM" THAT SUPPORTS A THRIVING SMALL BUSINESS COMMUNITY. POLICIES • Foster a community culture that recognizes and embraces innovation and entrepreneurship. ■ Invest in the resources and capacity that support new venture startup and growth 7 8 ■ Encourage youth to develop entrepreneurial talents. COMMENTS The staff at the Innovation Center has reviewed Element 7 of the plan and we are very excited about its direction and emphasis for building a thriving startup ecosystem in our city. The need for a downtown co-working space and an "accelerator" program has been part of our discussion here for some time now. We have also had conversation about this with Terry Sweeney in our frequent meetings attended by Ann Fierova of the SBDC, Alyssa Barrera from the city, Mr. Sweeney, and Mike Culbertson from the CCREDC. I cannot speak for them but my belief is that they will find much to agree with in the plan. CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 4: CORPUS CHRISTI I5 A COMMUNITY OF CHOICE FOR TALENTED ENTREPRENEURS AND PROFESSIONALS. POLICIES • Foster a community culture that embraces diversity, values new ideas and welcomes new residents. ■ Create a strong, positive image for Corpus Christi, both internally and externally. ■ Strengthen community institutions and amenities that provide a high quality of life. ■ Provide positive incentives for highly skilled individuals with other locational choices to settle in Corpus Christi to pursue their careers. COMMENTS Since YBP [Young Business Professionals] was founded in 2009, we've had many members leave this community due to other job opportunities in cities like Houston, Austin, Dallas and San Antonio, mainly because of the quality of life in those cities. Of the members that have stayed, there is overwhelming support for continuing to invest in the types of development that makes Corpus Christi attractive to millennials and the future workforce that will be even more mobile. CONSULANT RESPONSE No response. STAFF RESPONSE No response. GOAL 5: UNEMPLOYED AND UNDEREMPLOYED WORKERS HAVE ACCESS TO TRAINING AND SUPPORT SERVICES THAT ENABLE THEM TO IMPROVE THEIR EMPLOYMENT STATUS AND QUALIFY FOR JOBS OFFERED BY LOCAL EMPLOYERS POLICIES • Ensure that career training programs and other workforce development services are aligned with employer needs and responsive to changing employer demand. ■ Support an easily accessible and seamless service delivery system for jobseekers. ■ Promote provision of essential support services that enable workers to seek and maintain employment. ■ Promote a balance between responding to immediate labor force needs with planning for longer-term changes in the labor market. COMMENTS No comments. GOAL 6: EVERY STUDENT COMPLETES HIS OR HER EDUCATION WITH THE SKILLS NEEDED TO ENTER A WELL-PAYING CAREER. POLICIES • Make school completion a high civic priority with broad community support and engagement. ■ Support the provision of integrated early childhood services incorporating cognitive, intellectual and emotional development, health and family social services to ensure that children entering school are ready to learn. 8 9 ■ Promote provision of a range of age-appropriate career exploration and experience opportunities for children beginning at the elementary level. ■ Promote alignment of career education with the needs of local industry. COMMENTS No comments. TRANSPORTATION AND MOBILITY GOAL 1 -CORPUS CHRISTI HAS AN EFFICIENT AND SAFE TRANSPORTATION NETWORK, INCLUDING BICYCLES, PEDESTRIANS, PUBLIC TRANSPORTATION, AVIATION, SHIPPING, TRUCKS AND AUTOMOBILES, THAT IS INTEGRATED WITH LAND USES AND PROMOTES TRANSPORTATION CHOICE, HEALTHY LIFESTYLES, AND SUSTAINABLE DEVELOPMENT PATTERNS. POLICIES • Support a multi-modal transportation network that is integrated with land uses. ■ Support compliance with transportation design standards. ■ Support the development of mode choice corridors for bicycles, pedestrian and public transportation. COMMENTS When I attended the open houses I gave input and it wasn't to ride my bike to work. Did anyone consider the weather and humidity in Corpus Christi? I have to be honest when I attended there was only a handful of people there. Why is this plan so focused on bike paths? NO, not everyone likes the idea of living in an "Urban Village" and riding a bicycle to work. C.C. Plan 2035...calls for more bicycle paths, walkways and public transportation. I like the concept of being able to walk and bike to restaurants and shops and the revitalization of existing neighborhoods. Parts [of the plan] I agree with.... Create safe bike routes for healthy lifestyle and less traffic, pollution. BASGI supports....Encouraging multiple mobility (transportation) options by planning and designing better connecting streets, sidewalks and pathways for pedestrian, bicycle and public transit, decreasing dependence on individual cars.... Limited additional parking is proposed in the downtown area which may not accommodate increased vehicular traffic, however, the Plan proposes an increase in public transportation, bicycle and pedestrian modes of travel, thus decreasing the number of cars going into the downtown areas. RTA has park'n'ride capability which can be expanded. The plan should stress the acquisition of abandoned railroad right-of-ways for conversion to hike and bike trails. The railway ROW along port extends from Agnes to Whataburger field and the Sea District, going through and past numerous light industrial and commercial districts on its way. From there the Shoreline bike path returns along the waterfront and commercial downtown district it to the railroad ROW extending from Laredo to Kinney and back down to Shoreline. The two railroad ROWs meet at Agnes which is also the identified area of a future Regional Transportation Agency (RTA) transfer station. This would produce off road pedestrian pleasure and commuting transit for low income neighborhoods to job creation areas in a way that would connect areas that will be further divided by the new harbor bridge. This city is not going to be a walkable city due to climate and the very large geographic layout. Walking and biking will continue to be recreation (and downtown tourism) and exercising. [T]he last point I would like to touch on are the biking and walking trails and lifestyles that are pushed in the plan. I could understand where this might be doable and or acceptable in Boston or up north however in a city that has our humidity and heat, I do not see a lot of people biking or walking anywhere unless they have to. We are way too spread out to walk or bike in the best of weather. Increasing street ROW to include green zones, bike paths and medians will affect cost of housing, again pushing "affordable" housing further from reality. 9 10 People in this community will not ride their bikes or walk around wearing business attire when it is 105F and 90% humidity outside. The citizens do not want to walk to the store and carry their groceries home. CONSULTANT RESPONSE Response to comments questioning the viability of bicycle and pedestrian facilities in Corpus Christi: -Enhancing bicycle, pedestrian and transit modes provides more transportation choice in addition to automobile use, depending on the distance and purpose of the trip. Use of non -automobile modes by some people some of the time can benefit drivers by taking vehicles off the road and decreasing traffic congestion growth. -Corpus Christi has pleasant weather up to 9 months of the year. That's why "winter Texans" come here. -Corpus Christi has poor health statistics. Safe pedestrian and bicycle routes that connect adults and youth to parks, libraries, shopping areas, and other community destinations will encourage healthier lifestyles. STAFF RESPONSE The City's adopted Mobility CC, CCRTA Long Range System Plan, CCMPO Strategic Plan for Active Mobility, CCMPO Metropolitan Transportation Plan and TxDOT Texas Transportation Plan 2040 promote a diversity of transportation modes for mobility, access management and safety by drivers, bikers, riders, and walkers. GOAL 2 -CORPUS CHRISTI'S STREET SYSTEM IS MAINTAINED TO STANDARDS FOR LONG-TERM EFFECTIVE USE. POLICIES • Support a long-term program to repair existing streets and regularly maintain the system to minimize life -cycle costs. ■ Support adequate and balanced funding sources for long-term operation and maintenance of the streets network. ■ Integrate transportation planning with utility infrastructure planning COMMENTS Older neighborhoods lose the pride they once had because it has been easier for families to move out into new subdivisions on the Southside with brand new roads and utilities than to continue staying in neighborhoods with crumbling streets. CONSULTANT RESPONSE No response. STAFF RESPONSE The City recognizes the key importance to adequately operate and maintain its streets infrastructure. GOAL 3 — IMPROVE THE DESIGN AND FUNCTION OF NEIGHBORHOOD STREETS. POLICIES • Promote lower vehicular speeds and bicycle/ pedestrian use on neighborhood streets. ■ Consider a reconstruction program for local streets. COMMENTS Improve residential streets and the underlying infrastructure. One of the ways to improve the revenue and value of older neighborhoods is simply fix the residential streets. Home values are 15%-17% higher on well-maintained streets with adequate, curb, gutter and sidewalks. CONSULTANT RESPONSE No response. STAFF RESPONSE The City has no current funding mechanism to repair neighborhood local streets. GOAL 4 -CORPUS CHRISTI HAS A CONVENIENT AND EFFICIENT PUBLIC TRANSPORTATION SYSTEM. POLICIES • Support continued implementation of the Corpus Christi Regional Transportation Authority Long -Range Strategic Plan to prioritize funding to increase ridership and reduce single -occupancy vehicle use. • Support an operations plan to increase the efficiency and lower the life -cycle costs of the public transportation system. ■ Support transit -oriented development (TOD's) near public transportation stations. 10 COMMENTS Public transportation now accounts for 2% of current traffic. I don't believe you will be able to force our citizens to change that dramatically with big investment in public transportation. Let's spend those dollars on our streets (2 major causes of street problems are buses and garbage trucks as opposed to private cars). RESPONSE The plan does not propose additional local funding for public transportation but support for the CCRTA's current strategy of improving service on the most -used routes by increasing the frequency, comfort and convenience of service, which can attract more riders. STAFF RESPONSE CCRTA is independently funded with its mission to provide safe, reliable and affordable transportation for residents. The shift to alternative modes of transportation will reduce traffic congestion and will improve environmental sustainability. GOAL 5 -CORPUS CHRISTI INTERNATIONAL AIRPORT IS THE AVIATION GATEWAY TO THE COASTAL BEND AND SUPPORTS ECONOMIC DEVELOPMENT. POLICIES Continue to implement the Airport Master Plan COMMENTS No comments. GOAL 6 -SUPPORT AND ENHANCE CONTINUING NATIONAL FREIGHT RAIL SERVICE FROM CORPUS CHRISTI. POLICIES • Support enhancements to rail service essential to the city's economic success. ■ Minimize delays and improve safety at at -grade railroad crossings. COMMENTS No comments. INFRASTRUCTURE, FACILITIES AND SERVICES GOAL 1 -CORPUS CHRISTI HAS AN INTEGRATED, SUSTAINABLE, WATER RESOURCE MANAGEMENT PROGRAM THAT PROVIDES A LONG-TERM SUPPLY OF THE RIGHT WATER FOR THE RIGHT USE—DRINKING WATER FOR RESIDENTS AND PROCESSED WATER FOR BUSINESS AND IRRIGATION—WHILE ENSURING THE INTEGRITY OF THE ENVIRONMENTAL SYSTEMS. POLICIES • Develop and maintain integrated water -management strategies of surface, reuse, conservation, aquifer storage and recovery and desalination. ■ Support a water system and management master plan to meet demand through the year 2060. ■ Continue implementing the city's water -conservation plan. ■ Support a strategic approach to providing adequate water, wastewater -treatment and storm -drainage infrastructure to support redevelopment and new development in targeted areas. COMMENTS No comments. GOAL 2 -CORPUS CHRISTI HAS A LONG-TERM WATER SECURITY THAT EXCEEDS STATE WATER QUALITY REQUIREMENTS (TCEQ). POLICIES • Provide a safe, efficient and sustainable water supply, treatment and distribution system in an environmentally sound manner. ■ Maintain and improve existing water infrastructure, including the incorporation of new technologies where appropriate. COMMENTS No comments. GOAL 3 -CORPUS CHRISTI HAS A COST-EFFECTIVE AND ENVIRONMENTALLY SUSTAINABLE WASTEWATER TREATMENT SYSTEM THAT SUPPORTS EXISTING DEVELOPMENT AND ACCOMMODATES FUTURE GROWTH. 11 POLICIES • Support improvements to meet state and federal standards ■ Support an approach that establishes priorities for the replacement and correction of existing facility deficiencies and for meeting future needs. ■ Support the creation of a more equitable billing system for storm water services. COMMENTS No comments. GOAL 4 —CORPUS CHRISTI HAS A STORM WATER AND DRAINAGE SYSTEM THAT IS ENVIRONMENTALLY AND ECONOMICALLY SUSTAINABLE. POLICIES • Promote natural drainage approaches (green infrastructure) and other alternative non-structural and structural best practices for managing and treating storm water. ■ Promote reduction of pollutants in the bay by reducing storm -water discharges. ■ Promote economic development by reducing potential losses due to flooding and water -quality degradation. COMMENTS See comments for Green and Blue, Goal 4. GOAL 5 —ALL RESIDENCES AND BUSINESSES HAVE A DEPENDABLE, ENVIRONMENTALLY SAFE MEANS TO DISPOSE OF SOLID WASTE. POLICIES • Continue providing city and regional waste -management services. ■ Continue to maximize landfill capacity by supporting recycling that meets or exceeds state and regional goals. COMMENTS No comments. GOAL 6 —MAINTAIN CITY BUILDINGS AND FACILITIES FOR LONG-TERM USE. POLICIES • Support investment in an asset -management system. • Continue to invest in best practices for long-term, life -cycle energy and resource efficiency in improvements, renovations, or new facilities. COMMENTS No comments GOAL 7 —BUILDINGS, FACILITIES AND OPEN SPACES, BOTH PUBLIC AND PRIVATE, COMPLY WITH ADA (AMERICANS WITH DISABILITIES ACT) STANDARDS. POLICIES • Support programs to meet all outstanding ADA deficiencies in public facilities. ■ Make ADA accessibility information available to the public. COMMENTS Privately -owned facilities should not have to be forced to comply with the ADA. CONSULTANAT RESPONSE See the following on ADA requirements for privately owned places of public accommodation: (http://www.ada.gov/ada_title_Ill.htm) "Title III prohibits discrimination on the basis of disability in the activities of places of public accommodations (businesses that are generally open to the public and that fall into one of 12 categories listed in the ADA, such as restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors' offices) and requires newly constructed or altered places of public accommodation—as well as commercial facilities (privately owned, nonresidential facilities such as factories, warehouses, or office buildings)—to comply with the ADA Standards." STAFF RESPONSE Same as consultant. 12 GOAL 8 –CORPUS CHRISTI HAS STATE-OF-THE-ART BROADBAND AND TELECOMMUNICATIONS SERVICES. POLICIES Seek provision of high-speed Internet and telecommunications access to all residents and businesses. COMMENTS No comments. GOAL 9 —THE CITY'S ELECTRIC GRID IS PROTECTED AND RESILIENT. POLICIES • Work with electric service providers to upgrade the grid and put it underground. COMMENTS No comments. FUTURE LAND USE, REGULATIONS, AND URBAN DESIGN GOAL 1—CORPUS CHRISTI DEVELOPMENT PATTERNS SUPPORT EFFICIENT AND COST-EFFECTIVE USE OF RESOURCES AND HIGH QUALITY OF LIFE. POLICIES • Protect and enhance stable residential neighborhoods. ■ Promote revitalization and redevelopment of older neighborhoods ■ Support creation of a city redevelopment authority or similar agency. COMMENTS Zoning areas now with thoughts to longer-term development can only help orderly growth. The plan focuses only on the current city with little planning for future areas to be developed. The plan is OVER -REACHING in its goals to force infill and downtown development at the expense of the suburbs. The plan is an attempt to change the character of our city by forcing infill, public transportation, design standards, etc — housing buyers will vote with their $$$ on where to live and will not be forced into rentals, urban villages, walkable and bikeable mobility. Some great ideas here, but not at the expense of new homes: The overall concept of this plan sounds great. However, I am very concerned with the language regarding new home builds and restrictions placed on the development of new neighborhoods. If we stop the development of new neighborhoods in the outskirts of CC (050, Annaville, Calallen, etc) we are going to shoot ourselves in the foot. NO, not everyone likes the idea of living in an "Urban Village" and riding a bicycle to work. I choose to live in Calallen and work in Corpus. We need growth to continue! Build new schools and infrastructure out in 5 points. From what I read this plan would effectively halt all new production! If we wanted urban villages, skinnier streets, land grabs and the other junk that this plan is comprised of, then I would move to Staten Island or to Boston with the consultants. The new Urbanism model will not work here without a downtown Law or Medical school as anchor. The more appropriate model seems to me to be more like the Santa Monica, CA. model of mix 1/4 acre homes in secure, insulated suburban neighborhoods with limited apartment and townhouse developments and "Ad-hoc"ammenities based on unplanned, entrepreneurial endeavors. North Beach should be a string of retirement communities abutting a really nice golf course and safe beach promenade, (Limit transients by zoning out liquor stores like they do in D.C.). The plan for in -city housing neglects the cost of tear -down and upgrade infrastructure which prevents "affordable "housing in these areas. New major city investments in sewer plants, water system, drainage channels will have to be made for these areas — why not spend those $$$ where 75% of the buyers want to live — the suburbs. The Council should instead look at in -fill projects in higher elevation regions of the City. Doing so will best meet the needs of residents. 13 14 We also have approximately 11,000 infill properties in our city and many neighborhoods need to be revitalized. I am sure this is why there is focus there but many of those properties are not located in downtown Limit city sprawl and revitalize properties that are vacant: Build within the city, repair infrastructure in the city especially the Bay Area. Emphasis on infill development, which I favor .... I suspect lack of developer support can be attributed to historical absence of programs and incentives for infill development [downtown/northside/westside]. So long as undeveloped land, abutting floodplains/creeks, is cheaper than infill sites, developers' market incentives will drive them to the outskirts. This is particularly true so long as development standards for new subdivisions are minimal. If real flood risk were to be taken into account in new development costs, up/downtown areas would become competitive because old areas are highest elevated. I support the idea of developing within already established neighborhoods where water and sewer infrastructure already exist. This type of development is cost effective and does not create additional financial burdens on the taxpayers. Corpus is behind in a lot of things, especially the idea of "urban downtown living." This new plan follows the same concept of recycling, we need to reuse our old infrastructure and give Corpus a purpose again. I stand for everything this draft represents. We need these big goals, they will push us to become something new and something greater. [S]tart the conversation to include revitalizing our community's history and culture into your comprehensive plan. Believe it or not, but history does tie into tourism and that overall increases monies that comes into a community. The draft plan encourages infill and the stimulation of growth in the greater downtown area, while discouraging unnecessary urban sprawl. It is clearly in the best interest of the entire city, which is why the city council should implement it as is. As a city, we cannot afford to continue operating as we have been doing for the past 20 years. Our infrastructure is in horrible condition. We have neglected existing neighborhoods, while stretching our boundary to the south without the requisite population growth to warrant it. Older neighborhoods lose the pride they once had because it has been easier for families to move out into new subdivisions on the Southside with brand new roads and utilities than to continue staying in neighborhoods with crumbling streets. This causes property values to go down in those areas and may lead to other indirect consequences such as increased criminal activity and schools which do not have the parental support they once had because families do not stick around for generations like they once did. It is well known that urban sprawl stretches resources. More money has to be spent on things such as trash pickup, road maintenance, dispatching police officers and firefighters to those areas in the routine performance of their duties and eventually building more police/ fire substations to decrease response times. Encouraging infill is a conservative and responsible management of these resources. Further, there is plenty of vacant land already within the city limits for future population growth. A development master plan for new areas would have maps, elevations, and proposed routes with budgetary estimates for these infrastructure costs. The plan for existing areas would focus on details of infrastructure expansion or replacement with related costs. PIanCC2035 does not. In a twenty year plan, there is one any only one strategic imperative — to secure the necessary land, easement, property rights, and budgeted funding to allow growth to occur in an orderly manner. Failure to secure these property rights today will cause traffic, urban sprawl, delayed development, and increased cost of all development. It will never, ever be cheaper than today, when much of the land is raw. In fact, failure to properly plan and piecemeal development will permanently impair orderly development if natural traffic or water pathways have even a few houses blocking the least -cost corridors. If such a master plan existed, it would be actionable (e.g. demonstrate what property must be acquired) and would provide a budgetary framework to provide a financial growth plan.... The conclusion was pre -ordained by the constraints which force prioritization of downtown over larger -scale tract development in outlying areas but still within the City. The study completely repudiates the clear and rational trend of the last twenty years of growth to the South and West and ignores the (unfortunate but real) social and economic factors which continue to weaken the near -downtown neighborhoods.... Here is perhaps 14 15 the only question that matters: If and when will the City take the necessary tangible steps to support large scale development on the South-west side of Oso creek or beyond 286? Judging by the results manufactured by PIanCC2035, the answer is never. I urge you to responsibly plan for Targe -scale, natural growth which has been demonstrated to be South and West. Doing nothing is preferable to doing damage. Let me be very clear on the issue of downtown and near downtown redevelopment. We have a moral obligation to provide low-cost, safe, clean housing. We have a strategic need to reverse urban blight, decay, and crime. Policies to achieve this goal are within the scope of good government. ... PIanCC2035 addresses the urban problem with grants, subsidies, Targe -parcel dislocation/redevelopment. It is likely to fail, experience substantial delay, or be too expensive to apply on a large scale. It also does not address the problem at the heart of the decaying neighborhoods which is the fact that hard-working people who care for their houses are brought down because the house next door to them is falling apart. The solution requires a fix at the granularity of lot -by -lot improvement in the heart of struggling areas. I agree: Make a high priority of infill of downtown and contiguous areas, with builders encouraged to help in revitalizing inner city Corpus Christi. Financial incentives needed. I believe the city has too Targe a geographical area already and is opposed to annexation of more land. The city has authority through its extra territorial jurisdiction to control the sprawl outside its boundaries, but refuses to do so. The only way to encourage the redevelopment of existing neighborhoods is to limit the expansion and creation of new neighborhoods outside the city. If demand for single-family detached housing in the City's South side is as great as builders and developers are claiming, then those developments should be able to pay their own way in terms of waste and storm water infrastructure extension, new police and emergency services stations, and other increases in residential service demand directly associated with new development. BASGI supports....Limiting urban sprawl and future unsustainable expansion by implementing wise land use planning and responsible development At the heart of the American dream is the simple hope that each of us can choose to live in a neighborhood that is beautiful, safe, affordable and easy to get around. Plan 2035 growth does just that. Smart growth creates healthy communities with strong local businesses; neighborhoods with schools and shops nearby and low-cost ways to get around for all our citizens In my opinion this plan is NOT a citywide comprehensive plan; at best it is a near -downtown plan. I support the draft plan....specific draft issues: Limiting sprawl: The geographic size of the City versus the number of taxpayers has reached a point where it threatens the economic viability of the City at some point in the future. Allowing new development through expansion and annexation will exacerbate this problem Revitalization & Housing: I agree with the recommendations and would strength the City's commitment to bringing infrastructure in older neighborhoods up to its predicted future use. I believe the financial obligations of supporting a failed infrastructure system could easily surpass the cost of rebuilding it with no gain in economic development and revitalization. Economic development will only occur (including Neighborhood Villages) when the City decides to invest in older areas to pro6. Infrastructure: Corpus Christi has serious and obvious deficits in its infrastructure. Limiting geographic growth and increasing density is the only way the City can realistically ever reduce its infrastructure costs per capita, which includes taxes, fees, utility rates. Prove to private investors they are a willing partner and committed to revitalization. CONSULTANT RESPONSE Response to critiques of promotion of redevelopment of older neighborhoods: - Plan CC suggests that the City and stakeholders look for a new approach to financing infrastructure that supports infill development and also does not require existing rate payers to pay for major infrastructure extensions. - The plan encourages infill growth in order to maximize use of existing services and infrastructure, but recognizing that infill development will often also require infrastructure upgrades. 15 16 - Recognizing that development is already occurring across Oso Creek in the ETJ, the plan proposes a system for orderly growth based on plans for land use and infrastructure financing. Planning for the Weber -extended area that is the focus of growth would take into account vulnerability to flooding and other environmental issues - A comprehensive plan is not a development master plan nor is it a utility master plan. It is a plan for the existing city as well as for undeveloped areas. Plan CC does propose an integrated planning process, including infrastructure planning, for certain undeveloped areas. The plan balances revitalization, redevelopment, and development within the city limits with planned development areas for future annexation. STAFF RESPONSE Same as consultant. GOAL 2—DOWNTOWN AND MIXED-USE URBAN AND NEIGHBORHOOD VILLAGES PROVIDE WALKABLE CENTERS AND NEW HOUSING OPTIONS. POLICIES • Support planning to create urban and neighborhood villages. COMMENTS We can't force businesses and people to live in the areas this plan seems to focus on. I'm not convinced that the downtown infrastructure can handle a great deal of growth. Was this looked at and addressed? I drove downtown today - there are For Sale signs all over. Why would someone want to live downtown when there is no work downtown? The focus of the plan seems to be all about downtown revitalization I get that our downtown is not a huge market with a high volume of residents but why is there so much focus. Yes, downtown could use a face lift and an identity change, but not at the expense of new development! [L]ocal citizens DO NOT want mixed-use neighborhoods — almost every apartment zoning case meets with very strong opposition from the nearby home owners. Forcing commercial into mixed use neighborhoods so they can be walkable — I just don't see that in our climate. And will retailers build where their customers are based on walk-ins? Enough of this "urban villages" stuff. We surely don't need another Sugarland, TX. Re -development for its own sake is sometimes subject to the laws of nature. If downtown can't reinvent itself, let it become a 9 to 5 ghetto. Even Texans understand, "If you're riding a dead horse, get off." [T]he plan seems to try and grow downtown into a contained living area where people can walk to retail, coffee shops to grocery stores. It seems the city wants these little village areas in a few different locations throughout the city. The village concept, in my opinion, is better served in a larger city where large groups live within a short distance to their workplace. I believe if we had large corporations like Dell then this concept might work. I also believe that the cost for a developer to develop the older buildings downtown does not make financial sense when a piece of raw land can be bought and developed. As a resident, voter, and taxpayer, I consider myself a City of Corpus Christi shareholder. As such, I support the city investing our limited resources where we can reap the greatest return on investment - our downtown.... a vibrant and active downtown, where people can live, work, and play would generate tax revenues for the City in the form of increased sales tax, increased hotel taxes, and increased property values. A vibrant downtown could be the crown jewel of our tourism industry. BASG I.... Supporting revitalization of the older areas of the City, through infill and mixed use development, facilitating urban and neighborhood villages as a way to stabilize and rebuild; 16 17 My point is that we don't need the rest of the plan that is advocating "villages" with retail, etc that all depends on supply & demand as well as economic/demographic factors...not a "build it and they will come" vision. Market/demographics will always determine where private investment/development occurs...where the city will best spend monies (our tax dollars) is, again, infrastructure. Unless a business or developer knows that that high cost improvement is what is needed to support the project, they will not invest in CC I really like most of the ideas for the Downtown area and would love to see a resurgence there. This plan cements those gains [of the recent past] and sets up the city for another twenty years of organized, smart growth, that allows the city to provide a variety of housing options for people at different stages in their lives. This is very important, as a person who has who has attracted highly educated, well paid young professionals who are excited to live in Corpus, this plan allows for the consideration of other housing/life style options that are more appealing, as the current offerings are limited for this group and within two years, these professionals leave for cities that offer more. In specific, encouragement of alternatives to have an urban life style as opposed to only have suburban apartment or housing options is a big deal to new professionals. I support the City facilitating Urban Villages and Neighborhood Villages as the way to stabilize and rebuild older neighborhoods The Young Business Professionals of the Coastal Bend support the goals and strategies in Plan CC that promote walkable urban villages, reinvestment in older parts of the city, downtown revitalization, and diversification of the economy so that there can be more jobs for highly skilled people, and unique offerings that highlight the great things about Corpus Christi. CONSULTANT RESPONSE Response to concerns about the Urban Village idea: -Under this plan, the majority of the city will retain its present character but there will be more choice. Nobody will be forced to live in a particular kind of housing. -The plan provides for a relatively small number of mixed-use, walkable centers—the mixed-use land use designation amounts to 3% of the existing city acreage. Participants in the planning process generally supported the idea of having more choice in housing and transportation. -Over the course of 20 years, providing more diversity and choice in Corpus Christi will make the city more competitive. Other Texas cities are establishing this kind of diversity and choice and attracting new residents. STAFF RESPONSE Same as consultant. GOAL 3—PUBLIC AND PRIVATE DEVELOPMENTS DEMONSTRATE HIGH STANDARDS OF DESIGN POLICIES • Adopt design standards and guidelines that create high-quality built environments. COMMENTS Architectural style and design should not be controlled by the City CONSULTANT RESPONSE Design standards and guidelines do not prescribe architectural styles but provide a framework for creating attractive and functional places. STAFF RESPONSE No response. GOAL 4—REGULATIONS TO PROTECT THE MILITARY AIRFIELD AND CIVILIAN AIRPORT USE ARE IN PLACE. POLICIES • Adopt regulations consistent with the recommendations of the Joint Land Use Study. COMMENTS No comments. 17 GOAL 5—TRANSITIONS FROM RESIDENTIAL ENCLAVES TO NONRESIDENTIAL USES HAVE OCCURRED IN INDUSTRIAL AND AVIATION SPECIAL DISTRICTS. POLICIES • Support City involvement in establishing a fair transition processes. COMMENTS Who will define what a fair transition process is? Please be specific. [T]he Plan slates the Hillcrest neighborhood as a Special 1-37 Transition District that will change from residential to light industrial or buffer use without meaningful consultation with the current residents and without any specific strategies or funding sources for how this transition would happen....Any consideration of a transition this drastic for a residential neighborhood, particularly one with such a unique history, must include meaningful outreach to the affected residents. Furthermore, there are no specific strategies or funding sources in the Plan to ensure any transition would occur in a manner that would respect the history of the neighborhood, offer real choices for its current residents, or provide "fair compensation and assistance to residents in moving." For example, the goal related to the transition district in Element 11— "Transitions from residential enclaves to nonresidential uses have occurred in industrial and aviation special districts" — is not a future-looking goal like the other goals in the Plan, but rather a vague, passive statement about the past. This statement also ignores that over 400 households currently live in Hillcrest. The "how" included for achieving the stated goal for the Transition Districts similarly raises more questions than answers. CONSULTANT RESPONSE The transition process needs to be negotiated by involving all stakeholder groups to develop criteria for any property transfers, relocation assistance and so on. The City may not be a major player but needs to have a role. The details of a process cannot be defined by a comprehensive plan. The nature of comprehensive planning is that it does not provide individual planning for every neighborhood but looks at land use patterns and other aspects of city life over the whole city. Hillcrest residents, like all Corpus Christi residents, were invited to participate in district workshops and open houses and citywide meetings. More detailed planning for any part of the city will require a community-based process. A land use transition initiative would require a negotiation of meaningful participation and fair outcomes with all stakeholders, including homeowners, tenants, and church congregations. STAFF RESPONSE Same as consultant. GOAL 6—THE ANNEXATION PLAN PROVIDES FOR ORDERLY GROWTH IN THE SOUTHERN ETJ AND INDUSTRIAL AGREEMENTS IN THE NORTHERN ETJ. POLICIES • Adopt policies and regulations that ensure orderly development in annexed areas. COMMENTS I believe the plan must include orderly development in the adjacent land to be added to the city in the coming years. The plan should not ignore the will of the people on where they choose to live as the market will tell the developers where to build. Ignoring expansion of streets in outlying areas and concentrating only inter-city limits will STIFLE GROWTH, not enhance it. Their concentration on forcing the citizens where to live and shop is offensive to me. I like the idea of growth in the suburbs. I think people like to buy new houses, and the London School district is certainly a draw for Southside development We need to get away from the need to hop in the car to go around the corner. We will soon be out of attainment on ozone if we keep spreading out. The recent rains should make the idea of growth south of the Oso a non -starter. The flooding will be even worse when it's all paved over. If we are not constantly having to build new infrastructure, maintaining what we have will be easier. CONSULTANT RESPONSE The plan provides for potential annexation of approximately 5,000 acres in the Weber-extended, London ISD district and approximately 3,000 acres between Calallen and Robstown. A system for orderly development of these areas, including infrastructure planning and financing, is proposed in the plan. It is expected that more detailed planning for these areas will take 18 19 place in Area Development Plans to be prepared after the comprehensive plan is completed. STAFF RESPONSE Same as consultant. STEWARDSHIP AND IMPLEMENTATION GOAL 1—A NEW LONG-RANGE PLANNING SYSTEM IS IN PLACE. POLICIES • Establish a comprehensive planning system based on a twenty-year time horizon. ■ Require that Area Development Plans and Specific Plans reflect the vision and goals of the overall comprehensive plan. ■ Amend planning ordinances to reflect the new type of comprehensive planning system. COMMENTS No comments. GOAL 2—THE COMPREHENSIVE PLAN I5 SUBJECT TO REGULAR PUBLIC REVIEW OF PROGRESS. POLICIES • Establish public review of progress in implementing the plan. COMMENTS No comments. GOAL 3—A NEW PLANNING DEPARTMENT I5 IN PLACE. POLICIES • Give the Planning Department a proactive role in coordinating initiatives to implement comprehensive and other plans. COMMENTS No comments. GOAL 4—THE CITY HAS ENHANCED AND NEW TOOLS TO IMPLEMENT THE PLAN. POLICIES • Make City programs and resources consistent with implementation of Plan CC. ■ Use incentives strategically to create a critical mass of improvements in designated areas. COMMENTS No comments. GOAL 5—IMPLEMENTATION OF THE COMPREHENSIVE PLAN I5 INCORPORATED IN DECISION MAKING AT MULTIPLE LEVELS POLICIES • Use the plan in preparing and approving other planning and implementation activities by City agencies. COMMENTS No comments. GOAL 6—THE CITY HAS EXPANDED FUNDING OPTIONS TO ACHIEVE THE GOALS. POLICIES • Use the funding approach that fits the goal. ■ Build relationships with government funders and philanthropies 19 COMMENTS The other part that is commendable about this plan, is that options for finding resources to pay for some of the improvement for the city are given, focusing on from leveraging community and national organizations, businesses, to potential financing options, creating a framework of ideas that are achievable over time, with minimal impact on our wallets is great. I believe this plan will help to secure Federal grants and money for development of special interest areas, however, I do not believe this is a viable plan for citizens of Corpus Christi and the surrounding areas. There appears to be a real push in this plan for Federal Funding. That is not needed if you look around at the successful developments they are all private. CONSULTANT RESPONSE The Plan suggests ways in which the City could attract both philanthropic and federal funding to help achieve certain goals, which would leave more city funds for other needs, such as street repair. Privately funded, market -rate housing is not the focus of federal or philanthropic funding; rather below-market affordable and workforce housing and neighborhood development could be assisted by this funding. New market rate development in Corpus Christi today is out of reach of many city households. STAFF RESPONSE Same as consultant. 20 COMMENTS ON THE SECOND DRAFT OF PLAN CC DRAFT DATED JULY 2015 Matrix includes comments received through July 29, 2015 Comment Consultant Response Staff Response 1 Concerns about a statement in the Future Land Use Definitions, section Transition Districts, under Special 1-37 Transition District and Special Aviation Transition District that states, "The transition should take place over time within a framework that provides fair compensation and assistance to residents in moving to other part of the city". (Page 37) This is more like a policy than a definition and should be removed. Recommendation: Remove the statement in the definition section. Same as consultant. 2 The idea that we will be able to use the current infrastructure (sewer/water/gas) to support new multifamily residential dwellings in the downtown area is questionable. Will there have to be rehabilitation of sewer lines to achieve the proper sizing for the demand of waste, and possibly adding lift stations to transfer waste to other areas? Do the water mains and service lines have to be increased in size to accommodate new buildings? Will tax payers be left with this cost? Maybe the downtown area should focus more on businesses and tourist attractions that could bring in revenue for the city and its residents rather than using the desirable area to provide "villages." How did the downtown area become what it is today? How can we make sure that it won't happen again if the city spends money to revitalize it? Rehabbing and improving downtown and older neighborhoods should not prevent residents from building new homes. Residents should not be manipulated into what the city's vision is for families and neighborhoods. Cities are developed around businesses. Businesses bring the money to the city and its residents. Recommendation: No change. Downtown infrastructure: the downtown TIRZ can be used to upgrade infrastructure. Housing or businesses downtown? All successful downtown revitalizations in the last 25 years have been driven by downtown housing. For example, "retail follows rooftops" is the rule of thumb for retail development. For tourism, visitors are interested in seeing a downtown with the vitality that residents bring, not just isolated attractions. Revitalizing downtown does not preclude housing development elsewhere in Corpus Christi and Plan CC does not say this is an either/or issue. Same as consultant. 3 First 1 want to make it clear that I am not AGAINST Recommendation: No change. Same as consultant. 1 2 this plan. My goal is to make the plan more inclusive of ALL housing and growth paths for the upcoming Intro: Plan CC provides for future housing development in the 20 years. Single family homes in the suburbs (i.e. Southside, Northwest, Southside/London (through an orderly planned southside, London, northwest and Padre Island) are development process) and Padre Island. While some households will now, and will still be, the choice of home buyers in continue to want to buy suburban-style housing, other households the coming years. The city needs to be at least prefer different kinds of housing that are not well-represented in the equally accommodating to this segment of the Corpus Christi market today. In addition, there are many households housing market as it is to the infill and downtown who prefer to rent and who also would choose other types of rental markets. options if they were available. Element 2: Parks Element 2 Parks: The city's Parks and Recreation Master Plan, Plan CC Parks, well-kept and maintained, are a great asset to and the Background Report recommend investing in maintenance and every neighborhood. However, poorly done parks enhancement of existing parks before acquisition of new park land. are a detriment. Presently developers pay about Retaining the developer parks fee for the areas that generate the fees $400 per house into the city park fund for each new lot developed for park development and maintenance. Generally parks are not well kept is typically a feature of impact fee systems. Element 3, Goal 1-Sea level rise: Sea level rise on the Gulf of Mexico is (except Rancho Vista where the homeowners a fact and has been measured in the Corpus Christi area as well as association pays for upkeep) by the city. I'd like to other locations along the Gulf Coast. The rate is a combination of see some formal plans for written procedures to slow subsidence and increasing water levels. Being aware of these allow developer park funds to be retained within changes and adapting to their long-term impacts is responsible their neighborhood for at least initial building of parks and amenities. Improving parks will require additional funding; where and how will these funds planning for the future. Element 3 — Goals 3 & 4-Renewable energy: The goals and policies be developed and who will pay? The plans call for simply call for promoting diverse options, which people are then free parks to be walking distance of home owners; to choose or not. Diversification of energy sources is a long-term current city policy is to build up "regional" parks as strategy that benefits the community. Corpus Christi is already a opposed to "neighborhood" parks. center of wind energy and the declining prices of solar panels, for example, can provide options to individual property owners. Element 3: Energy efficiency Element 3 — Goal 6-Urban/community gardens already exist in Corpus I'd like to see Goal 1 restated to change "sea-level Christi. In areas of higher density, community gardens can be located rise" to "tidal flooding". I have lived here 70 years just like parks — they provide outdoor space for people who may not and we certainly have not had sea level rise in that have back yards. This is a common practice in many cities. time; beach erosion maybe, but not rising sea levels Community gardens offer the additional benefit of being able to due to "Global Warming" (which in my opinion is blown way out of proportion). provide access to fresh produce . Element 4 — Goals 1 & 2-Housing: Plan CC promotes more housing Goals 3 & 4 — renewable energy is good but once choice. Corpus Christi has many different kinds of households with a government subsidies are removed such energy variety of housing needs, incomes, and capacity to pay. The current cannot compete with our current carbon based housing market offers a limited variety of housing types and does not 2 3 energy (which is the life -blood of all of us here in effectively serve all housing needs . Census data indicate that 64% of South Texas). households do not include persons under 18 years old and 57% of households are made up of 1 or 2 persons. Many households do not Goal 6 – why encourage urban gardening when we have the down payment, income, or credit status to purchase a home live in an area where all kinds of farms are located. and must rent. Others prefer to rent but do not find the kind of rental With the trend for higher housing density where will housing they like. There is a potential market for housing types that such "gardens" be placed? do not currently exist in Corpus Christi. The City can encourage more housing diversity by making sure that zoning allows for more variety in Element 4: housing types in appropriate locations, can provide incentives or Goals 1 and 2 – this wording scares me – "guide support developers who need subsidy to be able to provide below development, support planning, regulatory and funding of housing types"; the market will tell us what housing to put on the ground, not a planning market rate affordable housing, and so on. Element 4 - Goal 3 -Homelessness: There are strategies to reduce team (unless it is their money). Supporting housing chronic homelessness that have been proven in a number of cities yes, it is good but guiding private investors, uh-huh. around the country. Salt Lake City, UT, is a notable example. Also consider that for "infill" to be within the price range of a sizable segment of the housing market Element 4 – Goal 6 -Urban villages: Cities much bigger than Corpus that there must be large re -investments in Christi have urban villages—the concept is not related to the overall infrastructure, retail must be willing to bring size of the jurisdiction. The total area proposed for urban village services and school districts must be willing to bring development constitutes less than 4% of the total geographic area of schools to the area. It involves more than just the city. Urban villages—which are simply modern versions of clearing a few acres to build houses – someone has traditional neighborhoods that existed in Corpus Christi many years to "want" to live there. ago—would provide a choice that is increasingly desired by a portion of the housing market. Both urban villages and downtown Goal 3 – good luck! revitalization have to be supported by housing—tourism and office traffic is not sufficient. Access to nearby employment (such as the Goal 6 – I just don't see the "urban village" concept Christus Spohn hospital complex) or colleges (such as the future taking hold in our climate and our large geographic southside campus of Del Mar) also attract people to urban villages. city area. We are not a compact urban area and I There are many examples of successful walkable urban village style would fear a huge investment for this "planning tool" would not get the desired result. Downtown yes – walking and tourist traffic will drive this but development in Texas, as well as in other parts of the country. Mixed-use development: New design approaches, including not 6 points, 5 points, del mar college village, etc. As transitions in height and density, are needed to create compatibility far as "mixed" neighborhoods, I invite all planners to between single family and multi -family housing, as well as provision of attend any P and Z meeting where a developer amenities and walk -to neighborhood retail. The Barisi Village project wants to build apartments next to an existing single recently approved by the City was supported by most adjacent single family neighborhood – I've seldom seen any acceptance of this concept. family neighbors. Element 5 – Jobs and economic development: The desired jobs and Element 5: Jobs. I like them and I like the goals set economic development articulated in these goals and policies are forth. approved by the commenter. In many cases, these desired outcomes 3 4 are connected to provision of more housing choice, more different Element 6: kinds of living environments, and more transportation choice—goals Goal 1– I don't think we need to place strong and policies that are questioned by the commenter. For the city to be emphasis on bicycles in our climate. Bikes are OK more economically competitive, it needs to offer the choice in for exercise and downtown tourism but are not a housing, transportation, and urban amenities that attract factor for getting around town. Neither is an entrepreneurs and businesses (because businesses want to be where emphasis for walking except as mentioned above. It their labor force wants to be). Educated young adults leave Corpus is too hot and too spread out. Also, Public Christi, and one of the reasons is that it does not provide the kind of Transportation has never been able to gain a foothold in CC and I would hate to invest millions in trying to force people to ride the buses and then city environment that young adults are seeking today. Element 6 -Goal 1 -Multimodal transportation: A multimodal find we meet with the same level of non-success. transportation system provides more transportation choice for all kinds of trips—commuting, errands, recreation and so on. It is not Goal 3 – No need to lower speed limits in assumed that individuals would have to use this network by going neighborhoods. Please do not stress "road diet" from one end of the city to the other, and build out of a network arterials and, above all, stay away from "round- would be incremental. The City needs a more nuanced approach than abouts" in street design. it is currently using to provide bike lanes. Element 7: Walking and biking and health: Corpus Christi has poor public health I cannot argue with these goals – I just wonder how statistics that could be improved with more opportunities to walk and and who will pay for all these good improvements! bike. Element 8: Walking and biking in the CC climate: "Winter Texans" spend 6 to 9 Goal 1- must include wording to the effect that CC months of the year in Corpus Christi because the weather is pleasant. supports the timely and orderly expansion of development into adjacent areas of the city. If we grow 2500 jobs each year we will need more, not Extreme heat does not prevail the entire year. Transit: The plan does not propose additional local funding for public less, single family housing in acceptable transportation but support for the CCRTA's current strategy of neighborhoods. I do not support "Scenario 3" improving service on the most -used routes by increasing the mentioned in the original Plan 2035 that would frequency, comfort and convenience of service, which can attract reduce housing in outlying neighborhoods (i.e. southside, northwest, padre island) to 50 % of city housing. I don't think the few hundred citizens who more riders. Element 6 -Goal 3 – Neighborhood collector and local streets: Traffic did voice approval of this scenario represent the speeds on some collector streets should be reviewed to see if they home buying public; I believe "Scenario 1" is the impede safe crossing and connections between neighborhoods, access way the city should proceed with planning for the to parks, and so on. Road diets are not mentioned in the goals. The next 20 years. City has already adopted road diets for certain streets in Mobility CC. Goal 2 – I do not support "Urban Village" concept as Element 7 – Infrastructure: In order to be competitive in the future - 1 believe it will not be in vogue within the next 20 for both businesses and people-- Corpus Christi has to find a way to years in our climate and in our city size for reasons modernize and upgrade its infrastructure. Financing can come 4 5 previously stated. Goal 3 — Ok to have design standards for public development but leave private developments to the individual owners and developers. We already have zoning ordinances which exert ample control over what can and cannot be built; we don't want, nor need, "design standards". If it is ugly it won't sell to the public who are the final determiners of such "standards". Goal 4 — Do not adopt the "1 lot/20 acres" zoning concept for newly annexed properties. I believe this is wrong and constitutes a "taking" for all property owners and will slow or stop all new annexation leaving the city with septic tanks all over the adjacent acreage. This is bad policy and an unabashed " government intrusion" onto private property. through bonding, fees, and other measures. Element 8 — Future Land Use, etc.-Goal 1: See response above at the beginning of the response to this comment. The Future Land Use Plan provides for approximately 8,000 acres of expansion with orderly development into the ETJ in the Southside/London area and the Northwest. Element 8 — Goal 2: See response under "Housing." Element 8 — Goal 3: Design standards are for impacts on the public realm and primarily affect commercial development. They are less about architectural style than about creating attractive and functional public environments. Once a building is constructed, the public doesn't have an opportunity to do anything about it. Element 8 — Goal 4 [Goal 6 was probably intended since Goal 4 is about airfields] — Goal 6-Orderly annexation: The goals and policies do not mention specific policies and regulations but call for a system of orderly growth in the ETJ. 4 Our land is highly impacted and devalued by this land use plan which designates our 400 acre Tufts Cove property on Mustang Island as "Open Space". This is the property which provided access to Wilson's Cut and goes north on the Bay Side. Our land use plan is attached. We have not submitted to the City as we have been working on grading permits. We realize this plan attached may not be close to the final but is a good example of the mix of homes, commercial and cluster residential that we believe will draw well in the market, provide a good tax base for the City and a unique experience for the residence. Please let me know the steps I need to take to insure that our property can be developed in a manner consistent or similar to that attached. Recommendation: Review and make any necessary changes to Mustang Island land use. Recommendation: Change this property's future land use designation to Planned Development while retaining a small portion on the bay as Flood Plain Conservation, similar to today's adopted Future Land Use Map. The area on Mustang Island between the Fire Station on the south and the City limit line on the north end should be designated as Planned Development in the Future Land Use Plan. 5 6 LAYOUT A FOR ESTIMATE. PDF 5 This is agenda2l ' mi l ' FYI there is a bill coming up in Texas to stop plans like these by sept 2015. "Smart growth" is just another Agenda 21 plan. Want to see a mass migration of property tax payers OUT of CC? Go ahead with this plan and that is coming soon. My family has been here and built a business since the 40s.BUT I'll sell off my rentals and move. Those little bedroom towns Rockport, Aransas Pass and others will be getting an economic boost soon. How are you going to pay for this when the actual tax payers get enough of this? Recommendation: No change. Same as consultant. 6 More people would comment if the sign up weren't so hard: Every time the city oozes south, we have to build more fire stations and we can't afford to staff the ones we have. We annexed Flour Bluff and Calallen more than 50 years ago and many places are still on septic tanks with a volunteer fire department. Recommendation: No change. Same as consultant. 7 This city needs to focus on the present problems: This city needs to resolve the present problems before it should even consider taking more debt. Recommendation: No change. Same as consultant. 8 It is sad that the City has chosen to gut most of the 1st draft of Plan CC 2035 which had many good recommendations for action. The current plan is a pale shadow of the former vision which seems designed for the City to put on a shelf and forget about as soon as it is adopted, just like all planning the City has done over the past 50 years. I wonder why Chapman Ranch was annexed when there is no plan for anything out there? Why is the City going to spend all that money putting infrastructure out to the middle of nowhere with no plan to actually develop it? The City should save Recommendation: No change. Same as consultant. 6 7 that money for needed infrastructure within the actual City and future actual City (as defined by Plan CC 2035) and dis-annex the Chapman Ranch immediately. 9 First, I would like to thank you all for the opportunity to deliver to you my vision of CC 2035. This initial act of transparency is a monumental step forward and is the first stepping stone to on the path to a transparent system of government. When we are Visioning, we are creating a picture of what the future will look like. My vision of the future looks like this: -I see a Corpus Christi with a renovated downtown with small local businesses featuring our local flavor represented. In this downtown, it is safe to park your car without fear of it being vandalized or of being robbed on the way to enjoy the attractions. -I see a Corpus Christi where North Beach is a hubbub of activity reminiscent of the Boardwalks on the Atlantic and Pacific Coasts. Where the new Harbor Bridge glows in the night sky, welcoming all who come to visit. Where, at the foot of that bridge, is a bed of cultural activity which is a world- class destination for our global visitors. -I see a Corpus Christi that celebrates the diversity of our city with placement of affordable housing projects not just in clusters, but evenly distributed throughout our neighborhoods. South Side, North Side, the Island, the East side and West side. -I see a Corpus Christi that effectively utilizes its public spaces and organizes events in public parks which leverages local and ethnic entertainment and coordinates events which are appealing to our citizens, leveraging Corpus Christi's history in various industries including Tejano. -I see a Corpus Christi that has billboards proclaiming the grandeur of our city along the 1-35 corridor and promoting not only our downtown beaches, but of JP Luby, North Packery and South Recommendation: No change. Many of the ideas in this comment are incorporated into the Plan CC Vision, Goals, and Policies. Same as consultant. 7 8 Packery from Oklahoma City to San Antonio. -I see a Corpus Christi with clearly designated road signs directing folks not only to the Corpus Christi beach, but to the Island, as well as to emergent local attractions. -I see a Corpus Christi with a mobile night market which shifts from neighborhood to neighborhood, providing the opportunity for community members to get to know one another, that focuses on the development of small business and micro-business startups on the local level and encourages the formation of local collaborations for public safety and security. -I see a Corpus Christi that supports small business and micro-business with the same level of zeal given to the large corporations, with the provision of support services, tax breaks on initial licensing, the provision of a communal Commissary to develop an emergent food trailer market and the opportunity to participate in City functions at a reduced cost to locals. -I see a Corpus Christi that is on the cutting edge of emergent social programs. A Corpus Christi that is willing to invest in its citizens and develop the next generation of entrepreneurs and business owner. A Corpus Christi that solicits business not only with tax incentives, but partners with business to create job training programs specific to their needs. A Corpus Christi that exports our oil and gas expert workers around the globe to funnel that money back into our economy. A Corpus Christi that has diversified its tax base to protect itself from the boom and bust cycle of the oil industry. -I see a Corpus Christi that values its women and provides them appropriate medical interventions in order to develop career opportunities and maintain the control they desire of their bodies. -I see a Corpus Christi with a police department with a streamlined budget, whose top priority is the control of crimes of life and property, where traffic flow is enhanced by the provision of Fire and 8 9 Medical on site of an accident and an expanded Fire Department, not police, who respond to return traffic flow to normal. Where the beaches are beautiful and protected by appropriate fines for littering which are actively enforced. City and County services are accompanied with community partnerships with local use groups to deliver site services to defray budget cost, resulting in partnerships which last into the future. -I see a Corpus Christi that has embraced the Tech revolution, who has welcomed Google into our City with high-speed affordable internet connectivity, self-driving vehicles and partnerships with local colleges to buttress and expand services to emergent companies like SpaceX. We have a particular set of climate conditions which make Corpus Christi a great city for research and development, prototyping and product testing and in that future city, Corpus is a hotbed of emergent science and industry. -I see a Corpus Christi that is representative of its population, which elects representatives from proper districts which are free of gerrymandering and elected officials who are able to make decisions in the best interest of the City and not because of monetary donations from vested interests, but because it is the right thing to do. -I see open City Council meetings hosted not when the bulk of us are creating taxable income, but after we have had time to get home, have some dinner and then appear to give our feedback. -I see the development of a Social Media arm of our City, where we have a clear system of communication of intentions, meetings and schedules of events is delivered in a timely manner. -I see a City Government that works hand-in-hand with County and State Services, dovetailing their efforts to achieve a bright future, not haggling amongst themselves for a bigger slice of the pie. -I see a series of renovated neighborhoods, where Code Enforcement not only tells you what needs 9 10 fixed, but is also supplied with information as to programs that assist income-bracketed homeowners in finding supplies and labor to complete the projects as well as a timeline for completion. -I see a Corpus Christi where the populace is free from fear. Fear of being pulled over because of a sticker being out of date, free from harassment by coordinated speed traps, free to come and go to work without being extorted by the police. Free of the fear of crime ridden neighborhoods, where criminals are allowed to roam free and break into our cars and homes, assault our friends and rob them, who perpetrate crimes against person and property. -Finally, I see a Corpus Christi which has ended the stream of inmates sent through the revolving door to the prison mill, where private corporations farm Texans for cash, where private companies profit from renting hardware and tech to insure a false sense of security because the net of preventative policing has caused our streets to be infected by the same behavior sets that define what is prison. The current policies and procedures have resulted in a sickness that has spread from our lowest income neighborhoods because their fathers only knowledge of how to be a man was taught to him by his cell mate. It has created a generation of children with no fathers, broken homes and despair. It has been held there for two generations of segregated low-income housing delegations driven by protectionist property owners with the capability to buy off local politicians with behind closed door agreements, where the public is free of the authoritarian chokehold created by private interest in public security and the fear mongering of judges and district attorneys up for re-election who used to feed us fear while making back room deals for a cut in the newest ankle monitor contract. 10 I understand the council is seeking public comment for the Second Draft of the PIanCC2035 through July Recommendation: No change. Same as consultant. 10 11 20th. First, this second attempt is clearly an Element 4 — Goal 8 and Element 8 — Land Use Principles: "Throughout improvement over the earlier version. I have read (pg. 20, #8; and on pg. 33 Housing and Neighborhoods) calls for most of the Plan and feel there are many positive 'guidelines that promote interconnected development'": Patterns of ideas set forth such as a call for an organized development that are interconnected are more efficient because approach to zoning and support for a strategic infrastructure extensions are shorter and cost less, and people need to approach to providing adequate water, waste water-treatment and storm drainage and infrastructure for redevelopment and new travel less to get to destinations, saving both time and money. Discussion on London ISD area: Plan CC promotes orderly annexation development in targeted areas. Perhaps many of of the Southside/London area as well as an area in the Northwest, for a the topics raised by Mr. Ralph Coker in his Caller- total of approximately 8,000 acres. Times Forum of July 13, 2015 could be worked into the overall Plan as well. Element 8, Goal 6 — Annexation: The Vision, Goals, and Policies do not identify specific policies and regulations to ensure orderly Just a few observations of some of the wording causes alarm about the intent of the overall work product. Throughout (pg. 20, #8; and on pg. 33 development. Element 7 — Goal 4-Environmentally and economically sustainable Housing and Neighborhoods) calls for "guidelines storm water and drainage system-policy to review storm water billing that promote interconnected development". While system: The Vision, Goals and Policies call for "review" and do not idealistic, conceptually this ignores the desires of specify if change is needed and what that change should be. The citizens wanting to live within the ETJ near schools background document suggests a task force that would include the and natural amenities such as the Oso Creek area with actual shorter travel times to commerce. development community to work on storm water issues. Specifically "avoiding leapfrog development". I am Element 8 — Goal 1-Redevelopment authority: The Vision, Goals, and reminded of the $2.8 million dollar SPA #30 Policies do not prescribe exactly how a redevelopment authority would extended 1.8 miles out Airline about 6 years ago to function. There are examples of different approaches in Texas cities a forgotten area that resulted in an immediate and elsewhere in states with similar economic environments. The permitting of eight subdivisions. It changed the face of growth for over a decade. purpose is to create conditions that can leverage private investment. In the first draft the Plan states Corpus Christi is over 40 miles long from Callallen to the Island. By contrast, the London ISD area is actually almost as close to downtown as the Palmera Mall in miles and closer in minutes. I view this as actually infilling the middle section of our extremely linear city. Great transportation corridors are underway, city water exist and the Greenwood treatment plant a mere 1- 1/2 miles away. Moreover the demand for housing is obvious. The previous draft called for a minimum lot size in 11 12 the ETJ of 20 acres and is now replaced with "Use annexation powers combined with minimum lot size in zoning and infrastructure policy to promote orderly and efficient development in the ETJ". The ETJ should not be treated differently than any other zoning classification within the City. Page 30, #4 "Review the creation of a more equitable billing system for storm water services." Hopefully this is not code for the creation of a Storm Water Utility District which is really an impact fee or tax and should be billed city wide equally to all users through the existing utility departments regarding maintenance of drainage systems. Most drainage outfalls are built and paid for by developers at the time of platting anyway. On pg. 33 #1, the reference to creation of a City Redevelopment Authority or similar agency will consist of business friendly individuals and those existing landowners willing to invest their own at risk capital as opposed to a call for investing our much needed tax dollars in areas lacking schools, adequate retail, infrastructure and transportation. Perhaps my opinion that the free enterprise system can work if left to it's own means is naive. If we are to subsidize the older redevelopment areas it should be based on a earned merit system that is actually monitored for performance. Thank you for your leadership in representing both those who wish for a Village Concept for our future as well as those who invest and recognize the need for growth and spreading our tax base for future generations. Please give good guidance for our ETJ as it really is our future, composed of responsible landowners willing to avoid the term "land acne". I wonder who came up with that? The real issue lies ahead as to how and when the details of the Plan CC 2035 get implemented. I have complete confidence in this Council and its determination to work 12 13 through the many challenges to create a business friendly climate for us all. 11 1) Downtown development areas need to be interconnected with public transit in order to make the whole more appealing. None of the sections have quite enough positives to thrive independently, but connected together, they all will. Synergy = strength. Emphasis on pedestrian traffic (walking) won't work; our climate isn't mild enough to foster walking; it's too hot or too windy too often, and tourists don't venture far into unfamiliar areas on foot. Chicago has its EL, NYC, DC and others have subways, Detroit has its downtown monorail loop, which might work here...adding a Disneyesque transit attraction for the convention bureau to hype. It would only need to be about a two or three mile loop with a half dozen-or-so stops, so walks would be broken up into quarter mile to half mile (ad)ventures. San Antonio has its Riverwalk, Corpus Christi could have its Downtown Zoom. A spur could get folks to the other side of the harbor to North Beach by being integrated into the new Harbor Bridge plan. Anchored by existing car parking at Whattaburger Field and similar potential in redeveloping areas such as the old Memorial Coliseum and old Harbor Bridge approaches, the park-and-shuttle circle system developed could become a large and flexible crowd-moving solution to a myriad of downtown needs, the first of which would be easy downtown access. Study large airport people-moving systems for inspiration and instruction. 2) Plan for the potential of destination resort casino gambling in 3 Corpus Christi areas, all naturals: North Beach, Downtown (old Harbor Bridge approach area?) and Mustang Island, within Corpus Christi city limits. Our area could support a string of such casinos similar in capacity and competition to both the Mississippi Gulf Coast and all of the State of Louisiana. Texas will soon tire of allowing LA to Recommendation: No change. Walking and biking is not just for tourists but to help make Corpus Christi a complete community with more choice in transportation and in recreation. Corpus Christi has a mild climate 6 to 9 months of the year—when the winter Texans come. In addition, it has poor public health statistics that could be improved with more opportunities to walk and bike. Same as consultant. 13 14 siphon off its gambling income, and if these areas do not become casinos within the next decade, the areas could later be re-purposed. My guess is that we have a race between 1) casino gambling legalization and 2) true on-line state sales taxes to see which potential revenue stream Texas next exploits. Both are huge. By the way, very few want to pay more to fly into Corpus Christi to get on a cruise ship. There are more lucrative paths into the hotel supply business. We should quit trying to ride that dead horse. 3) Use water and sewer line construction and reconstruction as the means of controlling new development. The Lord (and everyone else) knows we have huge (billion$) existing infrastructure reconstruction needs in Corpus Christi. Make sure all EXISTING infrastructure reconstruction needs are met PRIOR to EXTENDING water, sewer, street, curb and gutter to any new areas. This will asssure that redevelopment trumps continued sprawl...folks are tired of new developments getting new city utilities while they experience generations of neglect by the city and the decay of their neighborhood infrastructure...some neighborhoods are losing their local parks! If developers complain, tell them to check out opportunities in places like Henderson, NV. 4) When dismantling the old Harbor Bridge, accidentally drop enough of it on the old courthouse 12 A watered down version for developers: it appears a small group of developers will once again prevail over the wishes of the people for no more sprawl. their is no plan for the chapman ranch except to tax it. it is also obvious developers want to expand the population in areas that will be submerged in the next hurricane. Plan CC 2035 is turning out to be a waste of money as none of its recommendations will survive political pressure. Recommendation: No change. Same as consultant. 14 13 1. Pg 10: Under Pursue high—quality development, delete "and establish high quality design standards for private development" 2. Pg 13: Natural Systems — Add bullet point under Recommendations: Element 3, Goal 5, potential additional policy: potential language could be: "Support the Coastal Bend Green Built program or any equivalent program as the green building standard for residential development and promote LEED (Leadership in Same as consultant, except on page 36 regarding land use categories: Rename the residential land use categories in this way: 1. — "Promote a drainage plan for the New Energy and Environmental Design) standards or the equivalent • Low Density Southside and drain it to a location other than for non-residential building." Residential — up to 4 the Oso Creek." Dwelling Units Per Element 6 Acre, color code is 3. Pg 14: Open Space, Parks and Recreation — a) Goal 2 — street system; policy three — " integrate Light Yellow Remove first bullet point under 9. transportation planning with utility infrastructure planning." • Medium Density Adding "neighborhood planning" after "transportation residential —4 to 13 4. Pg 17: planning" is a good idea. Dwelling Units Per a. Resilience — Point 1. — what does this b) Goal 3 — reconstruction program for local streets — change Acre, color code is mean? "consider" to "create." Bright Yellow b. Point 2. — Delete until specifics are • High Density shown Element 8 Residential — greater c. Resource Efficiency — Add a bullet Page 33 Land Use Principles box, bullet 3 under Housing and than 13 Dwelling point under 5. — "...and adopt the Neighborhoods, change "Locate" to "Promote the location of" Units Per Acre, color Coastal Bend Green Built as the official code is brown Green residential program of the City Page 36 et seq. — Residential uses definitions and keys to the maps: of Corpus Christi." The commenter would like the three density levels of single This eliminates the category family residential uses to be collapsed into one single family of "High Density Single Family 5. Pg 19: Line 1 under "Housing and residential land use category. In principle, this is acceptable Residential." Neighborhoods" — Delete "Connected" in the and this would leave density levels to be a matter for zoning sentence — "High —Quality, safe, connected and within the overall single family land use category. There are The names of the categories diverse..." pros and cons to this approach. The different density would no longer reference categories were chosen (1) to follow the City's existing single- or multi-family, rather 6. Pg 20: Housing — practice of indicating low/medium/high density; (2) to allow just "residential" with an a. Add second bullet point to 1. — for designation of areas likely to be affected by imminent associated density. "Create a "Housing Czar" at City Hall to airport zoning as lower-density; (3) where possible, to indicate coordinate all the Housing—Related transitions in density. Since so much of the City's land area is Response to specific entities." designated for single family residential uses, if one single- comment #5 -- The text on b. Housing — Bullet point under 5. — family land use category were to be used, the City should this page is from the vision Change the wording of the second review and update single family zoning as needed to ensure that was agreed to by the bullet point to read — "Promote that it meets Plan CC goals and principles relating to issues Citizens Advisory Committee resource—efficiency in all new housing such as building neighborhoods and not just isolated and reviewed by the Planning through financial, as well as non— subdivisions, transitions from lower-intensity to higher- Commission. The idea of financial incentives, such as permit intensity uses, and so on. "connected" neighborhoods streamlining." also relates to goals in other 15 16 a. Neighborhoods i. Bullet point under 7. — Remove "walkable" ii. Add to third bullet point — "The "Housing Czar" will..." at the beginning of the sentence b. Community Identity and Sense of Place 1. Delete the wording in 8. — "rather than creating isolated subdivisions or apartment complexes" 2. Delete first bullet point entirely 7. Pg 23: Goals a. Add to first bullet point of 2. —"Create a system to..." to the beginning of the sentence b. Remove third bullet point under 3. 8. Pg 27: Goals a. Change the wording of the third bullet point under 2. to — "Integrate transportation planning with utility infrastructure and neighborhood Responses to specific comments: 1. Vision and Principles: The Principles statements were approved by the Plan CC Citizens Advisory Committee. Design standards created by cities are not about architectural style but about impacts on the public realm to create attractive and functional development. They are more relevant to non-residential development. 2. Element 2 — Goal 1: The proposed policy in the comment is a strategy or action rather than a policy because it specifies a particular way to solve an issue. 3. Element 2 — Goal 9 - facilities and programs for swimming: While some programs and facilities exist, ensuring that everyone in a beach city has the opportunity to learn how to swim is a safety issue as well as a recreation issue. 4. Element 3 — Goal 1 -Holistic standard of resilience: a) Hazard mitigation and emergency planning should be reviewed regularly to make sure that it is adaptable to changing conditions. b) Resilience means preparing for disaster crises, being able to respond effectively, and being able to learn and adapt to change. A holistic, community -level standard means ensuring that people understand what the risks are and how to be resilient on the household and elements such as creating mobility options. development planning." business level, as well as the governmental level. b. Second bullet point under 3. — Change the c) See recommendation above. Residential development is not the word "Consider" to "Create" only development in Corpus Christi. 9. Pg 30: Infrastructure a. Add third bullet point to 6. — "Sell or dispose of under—utilized structures and 5. See staff response 6. Element 4, Housing put underutilized land in a "City -Run Land a) Goal 1— comprehensive housing policy. The proposed language Bank" ("housing czar") is a strategy or action and not a policy. It could be a b. Change 7. to read — "Public buildings, facilities and open spaces comply with ADA recommendation of the policy group proposed in the bullet. b) Goal 5 — resource efficiency: The proposed language would include (Americans with Disabilities Act) standards. financial incentives for resource -efficiency. Rather than have a separate inventive for resource -efficiency, it should be part of any 10. Pg 32: Under "From the Principles"; Delete the overall housing incentive program wording — "and establish high—quality design Neighborhoods standards for private development i) Goal 7 — policy bullet 1: urban villages are walkable by definition ii) Goal 7 — coordination: see above on "housing czar" 11. Pg 33: Community identity 16 17 a. Goals — Under 3. remove the wording "and private" from so sentence reads "public developments demonstrate high standards of design." In Lower Part of the Page, in the Box 1) Goal 8 — creating a sense of neighborhood from a set of subdivisions or apartment complexes means they have to be connected rather than isolate. 2) Goal 8 — interconnected development: the city needs to communicate the desire for connections, either through regulation or b. Housing and Neighborhoods — Third bullet point — change it to read "Promote the location of multifamily..." through voluntary guidelines. 7. Element 5, pg. 23 c. Efficient Development Patterns a) Goal 2 — attract and retain firms; policy one proposed language i. Remove first two bullet points "create a system to" seems redundant. ii. Remove the following wording from b) Goal 3 — entrepreneurial ecosystem: proposed elimination of policy fourth bullet point "combined with to encourage youth to develop entrepreneurial talents. No reason is minimum lot size in zoning and" d. Environment and Resilience i. Second bullet point change the word given to delete this. 8. Element 6, pg. 27 "Preserve" to "Promote the a) Goal 2 — street system; policy three — "integrate transportation preservation of land..." planning with utility infrastructure planning." Adding "neighborhood ii. Add, to the end of the second bullet planning" is a good idea. point, the wording "...by providing b) Goal 3 — reconstruction program for local streets — change incentives, both financial and non— financial, to land owners and developers" "consider" to "create." Good idea. 9. Element 7, pg. 30 iii. Third bullet point — change the word a) Goal 6 — City maintains municipal facilities for long-term use: "Avoid" to "Promote the avoidance of proposed additional bullet on creating a land bank of underutilized development..." land and structures owned by the City. This is a specific strategy that 12. Pg 36: Residential Uses may not be necessary depending on the results of the facilities plan I. Delete this wording from the first now being developed. sentence — "three density levels for b) Goal 7 — ADA requirements. Privately owned properties open to the single—family housing and a separate land use category for multifamily development and for mixed—use public (e.g., stores) are required under ADA to be accessible. 10. Element 8, pg. 32 development, which can include Page 32 — this proposed deletion is from language that was approved housing." by the Citizens' Advisory Committee. 11. Delete the entire wording of the Single—Family section 11. Element 8, pg. 33 a) Goal 3 — see previous discussion of design standards. 13. Pg 38: Under the "Key: Future Land Use Map" — Land Use Principles Box on pg. 33 Remove the 3 Single—Family Residential Land Uses b) Housing and Neighborhoods: Proposed addition/modification "Promote the location" instead of "locate" — Yes. 14. Develop historic sites in the City of Corpus c) Efficient development patterns — see previous discussion of cost - Christi such as Artesian Park efficient land use patterns; a specific zoning policy is not stated here 17 18 but simply that it is a tool to aid orderly development d) Environment and resilience: (i) In order to achieve the green corridor goals in the predicate of this sentence, promotion of preservation is not sufficient — the land needs to be preserved in some fashion. (ii) The proposed language is a strategy, not a principle. (iii) Hazard mitigation and resilience measures should be incorporated, not just promoted. 12 & 13. See consultant and staff recommendations above. 14. Not clear what is meant here by "develop" historic sites "like Artesian Park." The land was donated in the 1850s by Kinney for a park — making this one of the oldest parks in Corpus Christi. If "develop" means improve the park as downtown revitalizes, that seems appropriate. However, for the Vision-Goals-Policies comprehensive plan, specific actions of this type are not appropriate. 14 As an MBA student at TAMUCC, I see no point in staying in Corpus Christi. The focus on wanting graduates to stay is one thing but focusing on [illegible] is a mistake. Reconstruction of the downtown and the area of the bayfront is a start, however, no one wants to proceed with it. The wider variety of housing is too [illegible] and most people are just [illegible] with "very much," less options next [illegible]. Lofts downtown with better business in the area would thrive; the city needs to be more open with [illegible] and stop wanting this "retirement" city where nothing thrives and graduates leave. The job market is small and most students I've talked to notice this and to earn a job in a decent company is to know someone's dad or mom, or wait till someone retires and their position opens up. Recommendation: No change. Same as consultant. 15 I love the libraries. Don't make cuts to library please. We need to increase literacy and knowledge to build a great workforce and students and adults. Recommendation: No change. Same as consultant. 16 To whom it may concern: The vision that has become "Plan 2035" is a very nice concept of a city that we could work towards into the future, meaning possibly 75 to 100 years in the future. To date we haven't been able to keep up with our Recommendation: No change. Same as consultant. 18 19 infrastructure, street repair or our brush (debris) pickup. I can't imagine how you could possibly expect future Planning Commissions, or City Councils, to adhere to the prescriptions of this so called plan. I personally have two very large, exciting projects planned for the near downtown area that will fit beautifully in this vision, but we cannot set back the development of other parts of this city because of an unrealistic, unaffordable plan. 17 The following comment is provided by myself, as an individual, with copies to the Sierra Club and the League of Women Voters at the request of the Sierra Club, local arm. I reviewed comparative drafts of Plan CC 2035 this afternoon at Neyland Library. Value of Draft #1. Draft #1 is a valuable, annotated (therefore authoritative) resource. As a comprehensive, 150 page work, it rationalizes and instructs in options to implement goals and policies the community values. Let's don't lose track of it, even if Draft #2 becomes the final plan. Findings and strategies are eye-openers, even if a person may not agree with all of them. Seldom do we, the ordinary citizenry, know what steps we ought to take as individuals, shoppers, or investors to cause a plan or policy we favor to materialize. Draft #1 provides that knowledge. Also, this draft is valuable legislative history, to support the Master Plan, even if Draft #1 is not the winner. For that reason, I hope bound copies of Draft #1 continue to be available for purchase. Civic and professional organizations can use the findings and enumerated strategies for projects to improve the community. Draft #1 ought to survive as a guidance document to Draft #2, the abbreviated version. Why Draft #2 is Acceptable. Concerning Draft #2, restatements of goals and policies for core planning elements in 9 categories seem to be fully captured Recommendation: No change. Same as consultant. 19 20 in abbreviated Draft #2. Draft #2 can be thought of as an "executive" summary of detailed Draft #1. Only 2 chapters, city history and recaps of community comments, have been omitted as fully developed chapters. History and Comments are not really planning elements, but are considerations. The outcome reduces the volume from approximately 150 pages to a manageable 50 pages of proposed plan, expressed in the boxed "Goals and Policies" tables for each of 9 "elements." So long as Draft #1 is preserved to memorialize findings and to publicize potential strategies, Draft #2 is acceptable to me as a statement of policy to meet legal requirements for a Master Plan. 18 I have attended many meetings, regarding this new Comprehensive plan. I have read many sections from the original document. I think the comments made by Ron Olson at the end of the special city council reading were definitive for me. We must, by law, have a comprehensive plan. The money has already been spent and this plan will be adopted by the City of Corpus Christi. In addition, the comments made at the South Side Chamber meeting also matched my sentiments exactly. To complain about the Goals and Policies is like voting against motherhood and apple pie. They are lofty and desirable, to be sure. The comment about the devil existing in the details, is also true. I have EXTREME concerns after reading the strategies and actions that were included in the original document. I found them completely out of touch with our culture and climate. It is ALWAYS about the money. That being said, Unit 11 even mentions that the participants in the original study groups, were concerned that the goals were unattainable by our city budgets and limitations. Unit 11 also states that this plan was written to enhance the opportunity for the city to write and qualify for Grants from outside sources. Meaning, if we meet Recommendation: No change. Same as consultant. 20 21 their requirements, we could hope they will fund our future projects. User fees were the other strongly recommended option, since CCTX is at their property tax limit and previous bonds need to be repaid before more can be borrowed. I have great trepidation about how we will proceed once these Goals and Policies are adopted.... 19 On page 44 of the second draft tract; 16.35 acres of Lot 19, Section 40, Flour Bluff & Encinal Farm & Garden tracts is classified as Flood Plain Conservation. A significant portion of this acreage is not located in the flood plain. I request that the map only classify the portion of this tract that is in the flood plain as Flood Plain Conservation and the remainder be classified the same as the surrounding tracts Recommendation: Review the map and floodplain layers and make changes as appropriate. Plan CC Future Land Use Map has a category called Flood Plain Conservation, which indicates property located within the 100-year flood plain. This category is similar to the today's land use category called Conservation/Preservation. Recommendation: Staff recommends that the Plan CC Flood Plain Conservation designation in the Future Land Use Map match the areas designated in today's Future Land Use Map as Conservation/Preservation, which would reduce the amount of land categorized as Floodplain Conservation in both the South Side and Padre/Mustang Island areas. However, following adoption of new FEMA maps, the City should review the boundaries of the Flood Plain Conservation designation in the Future Land Use Map. 20 It was a mistake to remove the strategies from the second draft. The city has been going in the wrong direction for years. The only way to make the new city plan work is to make it enforceable. Once you Recommendation: No change. Same as consultant. 21 22 remove the strategies from the plan, it will just be put on the back burner and turn out to be wasted taxpayer money. Sitting back while the city sprawls southward endlessly and neglecting the rest of the city will burden the taxpayers which is what the strategies were designed to curtail. Removing them is a bad choice. 21 I am most interested in plans for our downtown area. I have lived in several places where the same opportunity/effort have presented themselves. I like the way we are encouraging permanent residents to move into our downtown. The condominiums and apartments appeal to the young as well as the senior members of our community. What I want to suggest is to be sure they can draw upon conveniences close to where they live which will eliminate the use of an automobile for short distances. I suggest at least one mid-size grocery with a pharmacy and deli; a dry-cleaner/laundry, and other small businesses permanent residents will use daily. Using current structures in the area or constructing architecturally appropriate buildings will add to the charm of the environment. Tourists, too, would use the everyday conveniences for sightseeing trips/picnic supplies, snacks in their accommodations. I am picturing residents walking to meet their needs pulling a small cart on wheels as they shop. We should make our downtown "comfortable" for day-to-day living. We have restaurants, small gift shops and our beautiful bayfront. We don't need a carnival for our pristine setting. Some places have neighborhoods that center around their residents' own needs as I suggested above. We can think of our downtown as it's own Recommendation: No change. Same as consultant. 22 23 community which is open for visitors and future residents to move in! I wish you much success as you plan and build our downtown into a terrific place to be. 22 The Sierra Club Coastal Bend Group continues to support draft Plan CC 2035, as a positive path toward an environmentally sustainable future for our city, and we hope that our prior comments submitted on June 14 will be considered. There has been tremendous effort to get this plan this far, and we hope it will become a reality. We are pleased to see an emphasis on resource conservation and hope that with this plan, and the cooperation of the development community, an answer to our ever-increasing urban sprawl may emerge, and that our aging infrastructure problem can be addressed. We are concerned that if Padre Island, our barrier island, continues to develop as the Plan shows, we face tremendous traffic problems during hurricane evacuation, even with an additional bridge, and possible extreme debris problems after the fact. Our area has many experts and scientists in the fields of flood control, riparian corridor best practices, traffic planning, etc. and we encourage solicitation of their input. The following are based on a brief review of the current draft plan. "Our Vision" Please add "birding" in the Stewardship area. Birding is important to our tourism economy. At Pat & Hans Suter Refuge it is not unusual to meet foreign visitors who have come to Corpus Christi for the sole purpose of birding. Section 8 - Efficient Development Patterns "Avoid development that is incompatible with the operation of military airfields and the airport." Have Recommendation: No change. Vision: Since the Citizens' Advisory Committee spent considerable time on the Vision and approved it, the wording of the vision encompasses birding, and environments for birds are mentioned in Element 2 (Green and Blue), it seems preferable not to modify the vision. Element 8 — Land Use, etc. -Development and the airfields: the Joint Land Use Study made recommendations about zoning to accommodate airport and airfield zoning and the City Council recently approved funds to develop this zoning. -Resilience: The holistic approach to resilience mentioned in goals and policies would include looking at elevation levels and upstream development. Same as consultant. 23 24 we checked with the military airfield to see how much protection they want, and what exactly might this protection consist of? NOTE: I have read on Caller.com that the military is not concerned about the proposed wind farm. TAMUCC is located very close to the base, and they apparently have not complained even though this does create traffic problems along Ocean Drive. Does the Port of Corpus Christi also need specialized mention? "Avoid development without resilience measures and mitigation in areas vulnerable to hazards. " We should also look at elevation levels and upstream development, to just consider a few elements. NOTE: When developing, we could consider predominant wind directions and place housing where it can take advantage of our beautiful coastal breezes. 23 I was the instigator in saving the old houses in Heritage Park back in 1974. They were to be destroyed and a parking lot was to go in that location. It seemed like the right thing to do. It proved to be worth the effort. I was also a partner/spokesperson in the Peoples Alley Project in 1976. Peoples Street was to be bulldozed, but we took control of one building and blocked the demolition. Then we brought people down there for a market on several Saturdays and it was a big hit. It was kinda like the Art Walk events, but on Peoples Street and also in the old Wards Building. I have developed some ideas over the years for Downtown. Here are 10 suggestions: 1. CREATE EVENTS The Jazz Festivals, the Dia De Los Muertos Festivals, and the Art Walks have proved that a lot of locals Recommendation: No change. The comments here are more specifically about strategies and actions related to downtown and not the overall Plan CC comprehensive plan. Same as consultant. 24 25 will come out on weekend nights for a good time. There should be an event every month in as many venues as possible. 2. PEDESTRIAN BUSINESS DISTRICT ON CHAPARRAL One way to get new shops and businesses Downtown would be to close Chaparral St.to vehicle traffic between Taylor and Williams along with all of the cross streets between Water St. and Mesquite St., Taylor and Williams. Invite citizen vendors of all kinds of merchandise including garage sale stuff to sell things at tents or booths in the street. It would serve as a business incubator to a large audience. Public electric and water outlets would attract vendors and food trucks, allowing them to avoid the noise and fumes of generators. Public restrooms should be located on every block. It should evolve into a type of world market, mercado, retail street with outdoor cafes.lt could start with one block and expand one block at a time as demand requires. Keep it simple. And fun. 3. PARKING GARAGES ALONG WATER STREET The lack of free parking is one of the things that killed Downtown. It might be time to fix that. Build multi-story mixed use garages on the four blocks of vacant land along Water St. between Schatzel and Williams. Retail at street level with wide, landscaped sidewalks, and apartments and offices could be placed on top to take advantage of the views. A 4. CONNECT WATER ST. TO SHORELINE BLVD. NEAR PARK AVE. Connect Water Street to shoreline Blvd. south of Park Avenue. Let Water Street curve up to Shoreline as a boulevard with a landscaped median. This will give a better, more direct link between Downtown and the beach Park - something it lacks now. Water street behind the Shoreline Terrace will be closed from there to Park Avenue. 25 26 5. CONNECT MESQUITE, AGNES, LAREDO STREETS TO WATER STREET Agnes and Laredo Streets, and Mesquite Street need to be rerouted at the Kinney Street intersections. Agnes and Laredo Streets would curve onto a widened Kinney St. and proceed to Water Street. This will allow Chaparral Street to be closed off as in #2. Mesquite Street will be converted to a two- way street all the way to the Harbor/SEA District. Traffic then could circle the Chapparral Street Pedestrian shopping and festival area in both directions. 6. ADD MUSIC Various musical style bands could play on stages at the cross street intersections regularly. Music always attracts people. It must be well lit, possibly string lighting. 7. RETAMA PARK OASIS Retama Park should be expanded into a larger urban oasis by incorporating the block south of the park where the drive-thru bank sits. Schatzel Street would be closed between Mesquite and Broadway. The old 2-story building on the corner of Lawrence and Broadway could be re-purposed to relate to the park. A water feature or rock garden would be nice features in the new park. 8. TUNNEL CONNECTING UPTOWN AND DOWNTOWN The new Retama Park needs a better connection to the upper bluff area. Build a brick-paved walkway about 35' wide (3 lanes) to connect the Retama Park to to Leopard Street between the Wilson Building and the 600 Building.The 600 block of Leopard Street would be closed to vehicle traffic and made into a pedestrian plaza. Westbound traffic on Leopard St. would be routed to Lipan St. on the south and to Buffalo St. on the north to access Downtown from Uptown. 26 27 9. BUFFALO STREET CONNECTION The traffic ramp from Taylor St. up th bluff to Buffalo St. will replace the Schatzel to Leopard Street ramp when Schatzel is closed (in#2). It would be nice to have a new, more direct connecting ramp from Taylor street up the bluff onto Buffalo Street but we could live with just improving the existing ramp. Buffalo St. will become a major entry/exit to both Shoreline Blvd on the East, and to IH37 on the west at rush hours when the new Harbor Bridge changes traffic patterns. 10. RESTORE THE OLD COURTHOUSE We simply cannot sit here like helpless turtles on our backs while this GRAND DAME of south Texas architecture deteriorates when it could be making not only a reputation as a destination, but possibly money. A fine arts school/museum/gallery or a law school/law offices/mock courtrooms, a CASINO, or a South Texas History center/museum, etc. The building would make a great casino. Until the state law is changed the casino would be more like a pay to play with no tangible monetary rewards. People like to play all kinds of games that they don't get rewards for, so why not gambling games in a casino atmosphere. One thing I believe to be important is the preference of most citizens to maintain their view of the water from Shoreline Drive. Many people have proposed construction of structures on the median or over the water, and the citizens have opposed it every time. No one has a right to abscond with our view for their personal use or for profit. No restaurants, offices, condos, parking garages, mounds of dirt for landscaping, etc in the PUBLIC view space. I personally would like to see the East Shoreline Dr. 27 28 north bound lanes along McGee Beach used for parking. Two lanes along the seawall for head-in or even back-in parking, and the other two lanes for 15 MPH traffic using speed bumps. 24 In going over the new draft I noticed some property I have an interest in in Flour Bluff is classified Flood Recommendation: Review the map and floodplain designations and make adjustments as needed. Same as consultant. Plain Conservation. The tract is 17 acres, about half is above the current BFE of 10' and over 40% is higher than 14'. Looking at other west side Flour Bluff property similarly classified the determining factor is property line rather than the 100 year flood line. To help meet resilience goals without limiting property owners' use of their land I would suggest that the City adopt language that would require all new structures a finished floor elevation built 2' above BFE. That would accomplish the strategic goal of resilience, should be well received by FEMA & make sure all property is subject to equal treatment giving us a more resilient community over all areas. -Resilience/floodplain issues: In areas where properties have a substantial area to build or expand development outside the floodplain, preferable preservation of a floodplain conservation area by keeping development out of the floodplain entirely seems the most prudent option, since the potential impacts of extreme weather events appear to be increasingly unpredictable. The idea of a 2-foot freeboard requirement through a special permit process where the property owner would have to provide a justification for not conserving the floodplain altogether could be an appropriate way to encourage preferable preservation while providing an option. Since this is a specific strategy, in the Second Draft Plan CC, this idea would fall under Element 3, Goal 2, policy bullet 2, "Promote implementation of flood-protection measures throughout the city." Also in the first draft there was verbiage on sea level rise based on the Rockport tide gauge. Of the four closest long-term NOAA tide gauges, Rockport shows the largest change. Rockport also has numerous shallow fresh water wells making the area subject to subsidence due to ground water pumping. Below is a list of the closest NOAA long term tide gauges to Corpus Christi. This strategy and information on sea level rise measurement can be incorporated into the Background Document. Location Rise-mm/yr Rise by 2100 Rockport 5.27 19" Bob Hall Padre Island 3.48 12" Port Mansfield 1.93 7" Freeport 4.43 16" 25 In 2014 I bought 227 acres on Mustang Island. It is in Recommendation: Review and make any necessary changes to Recommendation: Change CC on the west side of 361 & just north of the Island Construction site. The area is zoned rural farm. Mustang Island land use. the Future Land Use Map designation to Planned 28 29 Besides farm/ranch use, I understood that this designation is sort of a holding zone. Once an owner has a use plan, the owner can present it and request a zoning change which may or may not be granted. I have several ideas for development of a portion of the tract. Under the proposed development plan, this tract is to remain open space. I strongly oppose this proposal. It seems the rules are being changed in the middle of the game. Thank you for your consideration of my input. Development in the area on Mustang Island north of Fire Station 16 and south of the City Limit Line. 26 Correct errors in map data showing the location of the southern city line on Padre Island. Recommendation: Review and correct any map errors. Same as consultant. 27 • Page 10, Promote Tourism — tourism represents 25% of the local economy • Page 10, In reference to "Pursue high- quality development" and change to „ Pursue quality development. • Page 12, insert a reference "to maintain and improve natural systems, parks and green areas." • Page 17, Goal 4. policy — insertion of the word "compatible" renewable-energy options available to homes... • Page 27, Item 4. policy — strike the phase Long Range Strategic Plan Recommendation: A goal and policies for second access to Padre Island could be added (Page 27, addition of Goal 7). p. 10 comments — These are general principles agreed to by the Citizens Advisory Committee and reviewed by the Planning Commission. They are intended to be general values and not specific economic development policies. -The section on economic development includes tourism and other traditional economic sectors, such as oil and gas, as well as emerging and potential new sectors. -No reason given for eliminating "high." P. 12 comment—The text on this page is from the vision that was agreed to by the Citizens Advisory Committee and reviewed by the Planning Commission. Goals and policies in this section refer to maintenance and improvements on page 14. P. 17 Goal 4 policy — Not clear what the purpose of adding "compatible" would be since incompatible options would not be chosen by homes or businesses. This is just about encouraging the offer of choices, not requiring any property owners to do anything. p. 27 — The phrase "Long Range Strategic Plan" is the title of the document being referred to. P. 27 -- addition of Goal 7 on second access to Padre Island. This is discussed in the background document and could be added as a goal in this section. Page 33 -- policy reference to redevelopment authority. Cities where the city council acts as the board of a redevelopment authority without professional staff in a defined agency typically do not gain effective performance from the redevelopment authority. Part of the reason for Recommendation: Add a 7th goal to the Transportation and Mobility Element as suggested in the public comment that supports a second access to Padre Island. • Page 27, Add Item 7. Goals-Promote and Support a Plan for a second access on and off Padre Island; policy —maximize evacuation; diminish risks in traffic congestion; enhance safety; promote safe growth • Page 33, Item 1. — policy strike or similar agency insert- "comprised the City of Council." • Page 33, Item 6. policy — insert "City complies to prior annexation agreements." 29 30 having a redevelopment authority is to have professional staff who are knowledgeable about real estate and planning. Legislation to set up the authority would need to include clear language about how, for what purposes, and with what requirements the agency may act, and the relationship to city council. 28 Cape Summer on Padre Island is already platted and planned for commercial, mixed, resort uses. Recommendation: Change this property's designation in the Future Land Use Map to Planned Development not Flood Plain Conservation. 29 The color-coding of the Future Land Use categories Flood Plain Conservation and Permanent Open Space are too similar. Recommendation: Find a way to better distinguish the two categories. Consider adding cross-hatching in thin black line to the Flood Plain Conservation layer. 30 The property around Island in the Son Church is planned for development. Recommendation: Change this property's designation in the Future Land Use Map to Planned Development. 31 The southwest corner of Whitecap and SPID is private property planned for development not permanent open space. Recommendation: Change this property's designation in the Future Land Use Map to Mixed Use to fit in with the Neighborhood Village concept proposed by Plan CC on the east side of SPID. 32 The north side of Packery Channel is anticipated for commercial development. Recommendation: Change this property's designation in the Future Land Use Map to Planned Development. 33 The areas between the Seawall and Leeward Drive are in need of commercial uses within walking distance of residential uses/tourist accommodations and the beach. Recommendation: Change this area's designation in the Future Land Use Map to Mixed Use. 34 Two "fingers" of land are missing north of Whitecap, east of SPID. Recommendation: Update the maps in Plan CC to show these land masses, and designate them in the Future Land Use Map as Medium 30 31 Density Residential (4-13 units per acre). 35 Padre Isles Golf Course should not be planned for commercial development. Recommendation: Change this property's designation in the Future Land Use Map to Permanent Open Space. Only the area of the golf course developed by Schlitterbahn should be designated as commercial. 36 The property just northwest of the Schlitterbahn property should not be designated as commercial in the Future Land Use Map. Recommendation: Change this property's designation in the Future Land Use Map to Planned Development. 37 The triangular piece of private property on Aquarius Drive across from the City park and Fire Station should not be designated as Flood Plain Conservation in the Future Land Use Map. Recommendation: Change this property's designation in the Future Land Use Map to Planned Development. 38 Though outside city limits, the Port/Ship Channel (Industrial District) should be Heavy Industrial Recommendation: Change this property's designation in the Future Land Use Map to Heavy Industrial. 31 AGENDA MEMORANDUM City Council Meeting of October 27, 2015 DATE: October 16, 2015 TO: FROM: Ronald L. Olson, City Manager Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Discussion on Ballot Language for Ad Valorem Tax -Backed Debt STAFF PRESENTER(S): Name Title/Position 1. Rebecca Huerta City Secretary 2. 3. OUTSIDE PRESENTER(S): Department Name Title/Position Organization 1. Clay Binford Partner / Bond Counsel Norton Rose Fulbright US, LP 2. 3. BACKGROUND: At the September 15, 2015 Council meeting, the Council asked questions about the wording used for the Bond 2014 election. The questions revolved around the City's ability to include ballot language indicating whether the proposition would or would not require a tax increase; and/or projected utility rate increases related to the proposition. This presentation will address these issues. LIST OF SUPPORTING DOCUMENTS: PowerPoint Financial institutions Energy Infrastructure, mining and commodities Transport Technology and innovation Life sciences and healthcare NORTON ROSE FULBRIGHT Discussion on Ballot Language for Texas Issuers of Ad Valorem Tax -Backed Debt Clay Binford Partner Norton Rose Fulbright US LLP October 27, 2015 Objectives • Discuss Texas Law applicable to General Obligation Bond Elections of Texas cities; • Discuss application of Texas law to the preparation of the City's November 2014 Bond Election Ordinance; • Discuss options available to City to enhance transparency in future bond elections. 2 1 NORTON ROSE FULBRIGHT Texas Law 3 I NORTON ROSE FULBRIGHT Election Ordinance and Requisite Notice of Election 1. Defined 1) Instrument used to call an election and prescribe the terms of its conduct. 2) Key components: a) Measure b) Ballot Proposition c) Election Administration 2. Notice of a City bond election requires posting / publication of a "substantial copy" of the Election Ordinance. NORTON ROSE FULBRIGHT Election Ordinance Components - Measure vs. Ballot Proposition 1. "Measure" is a question or proposal submitted in an election for an expression of the voters' will. 2. Ballot Proposition is the wording appearing on a ballot to identify the Measure. 3. Contents of Measure and Ballot Proposition in Election Ordinance formulate basis for "contract with voters". 5 I NORTON ROSE FULBRIGHT Issuance of Ad Valorem Tax -Backed Bonds 1. Unlike enterprise fund (or "revenue") secured bonds (known as "revenue bonds"), Texas law requires voter approval as a condition to issuance. 2. Texas statutory law trumps City Charter provisions in matters relating to ad valorem tax -backed bond elections. 3. Texas statutes require Ballot Measure language for bond elections to state: • Total principal amount of bonds to be authorized; and • General description of purposes for which bonds to be issued. 6 I NORTON ROSE FULBRIGHT Texas Supreme Court Ruling on Ballot Proposition Language 1. Identification of Measure must be formal and sure. 2. Neither the entire Measure, nor its every detail, need be on ballot, BUT MUST describe "chief features" of the Measure; 3. When citizens must fund the measure out of their own pockets, that fact constitutes a "chief feature" that must be on ballot; 4. Chief feature of an ad valorem tax -backed bond is levy of tax for repayment of approved bonds. NORTON ROSE FULBRIGHT Texas Law Ballot Proposition Requirements 1. Prescribed by statute and Texas Supreme Court Ruling • Amount of bonds • Purpose • Source of repayment (levy of tax) ("chief feature") 2. Extraneous information jeopardizes Texas Supreme Court's "formal and sure" requirements. 8 I NORTON ROSE FULBRIGHT Transparency • Proposition language that will appear on ballot; • Purpose for which the bonds are issued; • Principal amount of the bonds; • Taxes sufficient to pay annual principal and interest may be imposed; • Expected debt service tax rate if debt is authorized; • Max maturity date of approved bonds (not to exceed 40 years); • Amount of tax debt outstanding at the time of the election; • Amount of interest on tax debt outstanding at the time of the election; and • Ad valorem debt service tax rate at time of election ("[$0.XXX] per $100"). 9 I NORTON ROSE FULBRIGHT 2014 Bond Election Ordinance 101 NORTON ROSE FULBRIGHT 2014 Bond Election Ordinance —Section 10 (Transparency; NOT MEASURE; NOT BALLOT PROPOSITION) SECTION 10_ As required by and in accordance with Section 3.009(b)(5) and (7) through (9) of the Texas Election Code, added by the 83rd Texas Legislature, the City; as of its fiscal gear beginning October 1. 2014, had outstanding an aggregate ad valorem tax -supported principal amount of debt equal to $442,425,000; the aggregate amount of the interest owed on such City debt obligations, through respective maturity. totaled $154,838_244; and the City levied an ad valorem debt service tax rate for its outstanding debt obligations of $0.208458 per $100 of taxable assessed. valuation. Of the aforementioned City debt, the City considers $61,697,056 and $15;981,174 of that principal and interest, respectively, to be self-supporting debt payable from sources other than ad valorem taxes. The City estimates an ad valorem debt service tax rate of $0.230362 per $100 of taxable assessed valuation if the bonds that are subject of the Special Election are approved and are issued (taking into account the outstanding City bonds and bonds that are the subject of the Special Election, but not future bond authorizations of the (jr)t_ This is only an estimate provided for Texas statutory compliance and does not serve as a cap on any City ad valorem debt service tax rate. 111 NORTON ROSE FULBRIGHT Suggestions for Increased Transparency 121 NORTON ROSE FULBRIGHT Suggestions for Increased Transparency • Goals — Increase transparency without negatively impacting the City or its finances • Suggestions — More information under the transparency paragraph (Section 10); — Greater description of cover of notice publicized and posted (bullet list of Section 10 key terms). 13I NORTON ROSE FULBRIGHT 2014 Bond Election — Notice of Election Cover THE STATE OF TEXAS NOTICE OF ELECTION COUNTIES OF NUECES: ARANSAS: KLEBERG: AND SAN PATRICIO CITY OF CORPUS CHRISTI § § § 0 TO THE RESIDENT, QUALIFIEDVOTERS OF THE CITY OF CORPUS CHRISTI 0 TAKE NOTICE that an election X4211 be held in the City of Corpus Christi Texas on November 4: 2014, CONCERNING THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $99.497.000 FOR PROVIDING STREET, THOROUGHFARE, AND SIDEWALK IMPROVEMENTS. EQUIPMENT STORAGE FACILITIES, AND SELL CERTAIN CITY LAND TO ACQUIRE AND IMPROVE EXISTING CITY PARKS IN ACCORDANCE WITH THE PARKS AND RECREATION MASTER PLAN, ALL in obedience to an ordinance duly entered by the City Council of the Corpus Christi Texas on August 12. 2014, which ordinance reads substantially as follows: • Additions to Cover from the transparency paragraph: — Anticipated tax rate impact; — Anticipated impact on charges for city services; — Other. 141 NORTON ROSE FULBRIGHT Questions? NORTON ROSE FULBRIGHT NORTON ROSE FULBRIGHT Disclaimer Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP and Norton Rose Fulbright South Africa Inc are separate legal entities and all of them are members of Norton Rose Fulbright Verein, a Swiss verein. Norton Rose Fulbright Verein helps coordinate the activities of the members but does not itself provide legal services to clients. References to `Norton Rose Fulbright', 'the law firm' and `legal practice' are to one or more of the Norton Rose Fulbright members or to one of their respective affiliates (together `Norton Rose Fulbright entity/entities'). No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any Norton Rose Fulbright entity (whether or not such individual is described as a `partner') accepts or assumes responsibility, or has any liability, to any person in respect of this communication. Any reference to a partner or director is to a member, employee or consultant with equivalent standing and qualifications of the relevant Norton Rose Fulbright entity. The purpose of this communication is to provide general information of a legal nature. It does not contain a full analysis of the law nor does it constitute an opinion of any Norton Rose Fulbright entity on the points of law discussed. You must take specific legal advice on any particular matter which concerns you. If you require any advice or further information, please speak to your usual contact at Norton Rose Fulbright. 171 NORTON ROSE FULBRIGHT AGENDA MEMORANDUM Briefing for the City Council Meeting of October 27, 2015 DATE: TO: October 20, 2015 Ronald L. Olson, City Manager FROM: Susan K. Thorpe, Assistant City Manager sthorpe@cctexas.com 826-3898 Housing Workshop #4 — City Staff Presentation for Council Discussion and Direction CAPTION: Housing Workshop #4 — City Staff Presentation for Council Discussion and Direction PURPOSE: To hear Housing Workshop #4 presented by: Susan Thorpe, Assistant City Manager Gus Gonzalez, Assistant City Manager Eddie Ortega, Housing & Community Development Director BACKGROUND AND FINDINGS: The Policy Framework for Housing policy includes these Council Workshops: ✓ 1. Federal and Local Resources for Housing (held Nov 19, 2013) ✓ 2. Affordable Housing — Where are we? (held Feb 18, 2014) ✓ 3. Discussion about Current Housing Policy and Use of Federal and Local Funds (held July 15, 2014) • 4. Proposal for New Infill Housing Program, Council Discussion and Direction — today, Oct 27, 2015 5. Council Action: Adoption of Policy — future step based on October 27 discussion Today's presentation will include: 1. Brief Recap of Previous Workshops, since it has been some time and we have new councilmembers since the previous workshops were presented. 2. Discussion of City Tools and Policy Options to Influence Housing 3. Proposed Infill Housing Incentive Program, and the Type A Pilot Program that is aligned with this proposed program 4. Council Discussion and Direction on the Proposed Infill Housing Incentive Program we will be presenting Oct. 27. 5. Next Steps 1 1. Brief Recap of Previous Workshops: Workshop #1 included a description of the federal and local funds the City uses for housing programs. These include HOME, CDBG and Type A funds. In Workshop #2, we learned about the supply of housing in Corpus Christi. One of the best gauges of whether a housing market is balanced is the Months of Inventory. This measurement shows the relationship between active listings (supply) and closed sales (demand), and essentially tells us how long it would take for the current inventory of listings to sell at the current sales rate. Six months of inventory is generally considered a balanced market, meaning a balance between supply and demand. Below six months moves towards a seller's market and over six months a buyer's market. A market close to equilibrium is good for buyers and sellers, bringing longer-term sustainable growth Data from the Corpus Christi Association of Realtors shows that as of the end of calendar year 2013, the entire MLS is at 5.2 months of supply. It also showed that in the range of housing prices from $0 to $150,000 the supply is at 1.4 months. What we would call "Affordable" price range in Corpus Christi. The supply is well below the demand for housing in this range. Findings from Workshop #2 were that: • Current shortage in Housing Supply at $150,000 or less (1.4 months of supply) — 6 months of supply is a health market position • Multi Family property occupancies > 95% • Demand for housing of all types continues to increase, due to several factors Workshop #3 included Focus Areas for City staff for housing policy and programs, based on Council Discussion: • Vacant • Substandard • Infill/Revitalization of existing, older neighborhoods • Downtown 2. Discussion of City Tools and Policy Options to Influence Housing Council and Staff discussed the following ideas, tools, and policy options for incentivizing and encouraging more housing in the focus areas identified above: • Waive Development Fees, or Reimburse upon Certificate of Occupancy • Modify development fee schedule based on value not square footage • Offer Tax Increment Financing (TIFs), Tax Abatement for Multi -Family in downtown • Give Type A grant to developers for market rate housing with certain number of affordable units • Sale of City owned and/or tax foreclosed vacant lots at discounted price, or free with a reversion clause 120 days (no specialization) • City provide infill infrastructure repairs needed, and utility connections • City provide or reimburse cost of security during construction • Create policy for granting historical landmark tax abatements • Set aside funds (not Type A/HUD restricted) for these purposes Based on this discussion, Short Term Recommendations were to: 1. Adopt a City Housing Policy a. Identify target area(s) b. Develop incentive and fee waiver program 2. Identify and market any City -owned lots 2 3. Refocus Type A Funds to redevelop City -owned lots with community partners 4. Identify "seed money" not tied to Federal restrictions to incentivize housing that is affordable Longer Term Recommendations were to: 1. Partner with Housing Authority to rehabilitate and/or build affordable housing, workforce housing and reasonably priced rental units 2. Housing Authority to own and manage 3. Improve Public Infrastructure in target areas, by aligning Capital Improvement Program 3. Current and Proposed Infill Housing Incentive Programs Current Housing Programs (must meet HUD guidelines) Housing & Community Development (HCD) Loans Programs • Rehabilitation Loan Program • Demolition and Reconstruction Loan Program Grants Programs • Minor Home Repair Grants Homebuyer Programs • $5,000 Home Down payment Program TYPE A Loans Program • Home Buyer Assistance up to $10,000 ** New Pilot Program - On Sept 21 the Type A board approved this pilot** • Home construction pilot project $100,000 • similar to existing Demolition/Reconstruction Program in HCD (listed above) Proposed Programs — Not restricted by HUD guidelines: The purpose of the proposed Infill Housing Incentive Program is: Flexibility • Less External Regulation, Quicker Turnaround • Tailored to Our Community Value • Add to affordable housing stock • Demonstrate market viability • Mitigate Risk Mitigate Challenges (Builder's Risks) • No comparable sales for appraisal in these infill areas • Increasing bidding costs • Unsophisticated buyer The City currently owns six lots that are within the CDBG boundaries that the City Council previously directed to be sold. The Staff is proposing that these residential properties would be a good source of lots for the infill incentive program. One of those lots, on 2034 Mary Street, is being proposed for the Type A pilot program for the construction of one single family home. Based on the previous three workshops, City staff analyzed the current programs and potential 3 other programs that could be established to increase housing in infill areas. As a result of this analysis, City Staff is presenting a proposed infill housing incentive program and the Type A pilot program, for Council discussion, feedback, and direction. This program is outlined below. Proposed Corpus Christi Infill Housing Incentive Program Purpose: To develop an incentive program that promotes and encourages new home construction in existing CDBG neighborhoods through the use of City owned vacant properties and tax foreclosed vacant properties acquired by the City. This would include: • Infill lots within CDBG boundaries (see map) • Provides incentives and fee waivers • Sale of City -owned lots and tax foreclosed lots once City can take possession Benefits: • Utilizes abandoned and/or nonconforming vacant property • Once established, properties are completely self-sufficient • Helps fulfill housing needs, home ownership • Revitalizes existing neighborhoods • Adds to the assessed value rolls, increasing future City property tax revenue • Improves maintenance of properties and potentially reduces crime • Reduces Code Enforcement abatement expense Program Guidelines: • Vacant properties must be within the City's CDBG boundaries. • Properties will be made available to builders through a competitive bid process with a defined minimum bid. • Minimum building specifications to be included. • Must be single family home with finished floor plan of 900 to 1300 square feet. • Home construction must begin within 120 days of sale. • Home construction must be completed within 6 months. • Subject to all permit requirements • Sales price $90,000 - $150,000 • Finished home must be owner occupied. • Builder must demonstrate experience to complete the project in a professional manner and to a standard appropriate for the community. • Builder must demonstrate financial capability. • Builder must enter into an agreement with City accepting all program requirements and City rules and regulations. • Build according to City of Corpus Christi UDC requirements • Offer a limited builder's warranty to the homeowner acceptable to the City of Corpus Christi and compliant with State and Federal regulations. Program Incentives: • Waiver or reimbursement of fees which include building permit, platting and inspection fees. • Waiver or reimbursement of Water, Wastewater and Gas tap fees. • Rebate of City sales taxes paid on construction materials not to exceed $500 • Provide up to two roll -off containers at City's actual cost during construction 4 4. Council Discussion and Direction on the Proposed Infill Housing Incentive Program Based on this information and the presentation planned for the October 27 workshop, City staff would like to get the City Council's discussion, feedback and consensus direction on these two programs ➢ Proposed Infill Housing Incentive Program (IHIP) ➢ Type A Infill Pilot Program 5. Next Steps The next steps for staff from City Council direction and feedback are to: 1. Bring forward to City Council for discussion and adoption: • Infill Housing Incentive Program (IHIP) • Type A Pilot Program 2. Implement Both Infill Housing Incentive Program and Type A Pilot Program: • Prepare bid documents within program guidelines and list of available City -owned lots, with minimum bid • Evaluate bids and award each lot separately. 3. Provide periodic progress reports to City Council with results and recommendations ALTERNATIVES: OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: • Plan CC 2035 Element 4 — Housing and Neighborhoods: High-quality, safe, connected and diverse neighborhoods provide a variety of living choices. • City Council 3rd Priority - Downtown Revitalization, Including Well Designed, Tailored Incentives, Homeless & Housing Policies, Incentive Options for Mixed Use Development Such as TIF Gap Financing, & Improved Lighting & Safety EMERGENCY / NON -EMERGENCY: Non -emergency item. DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable 5 Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): (Do not list Accounting streams, use names of accounts) Comments: RECOMMENDATION: LIST OF SUPPORTING DOCUMENTS: Presentation — Housing Workshop #4 Program Guide - Infill Housing Incentive Program (IHIP) Type A 9.21.15 — Agenda Memo Infill Pilot Program Type A 9.21.15 — Infill Housing Pilot Program Guidelines Type A 9.21.15 — Minuets 6 City of Corpus Christi Housing Workshop #4 Council Presentation, Oct. 27, 2015 Susan K. Thorpe, Assistant City Manager Gustavo Gonzalez P.E., Assistant City Manager Eddie Ortega, Housing & Community Development Director Policy Framework Council Workshops: ✓ 1. Federal and Local Resources for Housing ✓ 2. Affordable Housing — Where are we? ✓ 3. Discussion about Current Housing Policy and Use of Federal and Local Funds - 4. Proposal for New Infill Housing Program, Council Discussion and Direction 5. Council Action: Adoption of Policy and Program Housing Workshop #4 - Today's Agenda 1. Brief Recap of Previous Workshops 2. City Tools and Policy Options to Influence Housing 3. Proposed Infill Housing Incentive Program 4. Council Discussion and Direction 5. Next Steps 1. Recap of Previous Workshops Updated - # Months Supply of Housing $0 - $150,000 Price - 2009 thru 2015 4 3.5 3 2.5 2 1.5 1 0.5 Sept 2015 1.4 Months Source: Corpus Christi ° Ql al Ol 0 O 0 .-1 r-1 c-1 Ni N N m m m L.fl Ln Ln Association . _, . ,, `° v r (0 v (0 (0 v (0 (0 v @ (0 v (0 (0 v (0 (0 v of Realtors 1. Recap of Previous Workshops Focus Areas based on Council Discussion: • Vacant • Substandard • Infill/Revitalization of existing, older neighborhoods • Downtown 4jIb * 8 2 ' 2. City Tools to Influence Housing City Tools — Including Council Ideas and Discussion: • Waive or Reimburse Development Fees • Tax Increment Financing (TIFs), Tax Abatement • Type A grant for market rate housing with certain # of affordable units • Sale of City owned and/or tax foreclosed vacant lots • City provide infill infrastructure • Historical landmark tax abatements • Set aside funds (not Type A/HUD restricted) for these purposes 2. Policy Options to Influence Housing Short Term: • Adopt a City Housing Policy • Identify target area(s) • Develop incentive and fee waiver program • Identify and market any City -owned lots • Refocus Type A Funds to redevelop City -owned lots with community partners • Identify "seed money" not tied to Federal restrictions to incentivize housing that is affordable 2. Policy Options to Influence Housing Longer Term: • Partner with Housing Authority to rehabilitate and/or build affordable housing, workforce housing and reasonably priced rental units • Housing Authority to own and manage • Improve Public Infrastructure in target areas, by aligning Capital Improvement Program • Facilitate creation of community development corporations 3. Current & Proposed Housing Programs Current Housing Programs (must meet HUD guidelines) Housing & Community Development (HCD) Loans Programs ■ Rehabilitation Loan Program ■ Demolition and Reconstruction Loan Program Grants Programs ■ Minor Home Repair Grants Homebuyer Programs ■ $5,000 Home Down payment Program TYPE A Loans Program ■ Home Buyer Assistance up to $10,000 ** New Pilot Program ** ■ Home construction pilot project $100,000 ■ similar to existing Demolition/Reconstruction Program in HCD 3. Proposed Housing Pilot - Type A Type A Pilot Program • The Type A Board approved the HCD request for funding to construct a small home within CDBG boundaries • Construction contract would be advertised for bid • Sold to buyer who qualifies under HUD guidelines • Sale price would include the bid price plus nominal costs for land and fees • Potential for homebuyer assistance 3. Proposed City Infill Housing Incentive Program Purpose: To develop an incentive program that promotes and encourages new home construction in existing CDBG neighborhoods through the use of City owned vacant properties. 3. Proposed City Infill Housing Incentive Program Overview • Applies to all single family infill lots within CDBG boundaries Provides incentives and fee waivers to all owners. • Sale of City -owned lots through a bid process, including a minimum bid to cover maintenance and fees 3. Proposed City Infill Housing Incentive Program Benefits: • Utilizes abandoned, and/or nonconforming vacant property • Helps fulfill housing needs • Revitalizes neighborhoods • Increases future City property tax revenue • Reduces Code Enforcement abatement expense 13 3. Proposed City Infill Housing Incentive Program Program Guidelines: • Vacant properties within the City's CDBG boundaries (starting with city owned lots) • Competitive bid process; meet minimum building specifications • Builder experience and financial capability • Build according to City of Corpus Christi Unified Development Code • Single family home — 900 to 1300 square feet. • Construction must begin within 120 days of sale; completed within 6 months. • Sales price subject to market rates 14 3. Proposed City Infill Housing Incentive Program Program Incentives: • Waiver or reimbursement of development fees • Waiver or reimbursement of Water, Wastewater and Gas tap fees. • Rebate City sales taxes paid on construction materials. • City provide up to two roll -off containers at actual cost during construction. 15 4. Council Discussion and Direction ➢Proposed City Infill Housing Incentive Program (IHIP) ➢Proposed Type A Pilot Program (HUD restrictions) 5. Next Steps 1. Bring forward to City Council for discussion and adoption: • City Infill Housing Incentive Program (IHIP) • Type A Pilot Program 2. Implement Both Infill Housing Incentive Program and Type A Pilot Program: • Prepare bid documents within program guidelines and list of available City -owned lots, with minimum bid • Evaluate bids and award each lot separately. 3. Provide periodic progress reports to City Council with results and recommendations. 17 Housing Workshop #4 Thank You 3. Proposed City Infill Housing Incentive Program - CDBG Boundaries Nueces Say Corpus Christi Bay 030 01 mom` 1. Recap of Previous Workshops Updated - # Months Supply of Housing, All Prices - 2009 thru 2015 14 12 10 8 4 2 0 01 0 co Sept 2015 5.2 Months Source: Corpus �, 1 1 0 N N N m m m Lr)o Christi N N co c N u 1 N@ Association of Realtors 1. Recap of Previous Workshops Findings: • Shortage as of September 2015 in Housing Supply at $150,000 or less - 1.4 months supply • Multi Family property occupancies > 95% • Demand for housing of all types continues to increase, due to several factors 3. Proposed City Infill Housing Incentive Program - Alignment with other Policies • Plan CC 2035 Element 4 — Housing and Neighborhoods: High-quality, safe, connected and diverse neighborhoods provide a variety of living choices. • City Council 3rd Priority - Downtown Revitalization, Including Well Designed, Tailored Incentives, Homeless & Housing Policies, Incentive Options for Mixed Use Development Such as TIF Gap Financing, & Improved Lighting & Safety Affordable/Infill Housing Incentives Value of Waiving or Reimbursing Fees: Single Family Infill/Redevelopment (Building Permit Fees, Plan review, pro -rata and taps) Total fees per home $3,000 Based on 2,000 sq. ft. home infill area at $150,000 value (excludes public infrastructure, excludes plat or change in zoning if needed) 23 City of Corpus Christi Infill Housing Incentive Program (I H I P) Table of Contents Table of Contents 1 1. Purpose 2 2. Benefits 2 3. General Guidelines 2 4. Incentives 3 5. Scope 3 6. References 3 7. Definitions 3 8. Department Responsibilities 4 9. Procedures 5 10. Applicability of Sale by Bid 6 11. Private Lot Eligibility 7 12. Infill Housing Incentive Program Resolution 7 Infill Housing Incentive Policy and Program Page 1 Updated Draft 10-20-15 City of Corpus Christi Infill Housing Incentive Program (IHIP) 1. Purpose To develop an incentive program that promotes and encourages new home construction in existing CDBG neighborhoods through the use of City owned vacant properties and tax foreclosed vacant properties acquired by the City. This program identifies targeted areas where the existing street and utility infrastructure can be leveraged to promote the development of single-family residential units. This would include: • Infill lots within CDBG boundaries • Provides incentives and fee waivers • Sale of City -owned lots and tax foreclosed lots once City can take possession 2. Benefits • Utilizes abandoned and/or nonconforming vacant property • Once established, properties are completely self-sufficient • Helps fulfill housing needs, home ownership • Revitalizes existing neighborhoods • Adds to the assessed value rolls, increasing future City property tax revenue • Improves maintenance of properties and potentially reduces crime • Reduces Code Enforcement abatement expense 3. General Guidelines • Vacant properties must be within the City's CDBG boundaries. • Properties will be made available to builders through a competitive bid process with a defined minimum bid. • Minimum building specifications to be included. • Must be single family home with finished floor plan of 900 to 1300 square feet. • Home construction must begin within 120 days of sale. • Home construction must be completed within 6 months. • Subject to all permit requirements • Sales price $90,000 - $150,000 • Finished home must be owner occupied. • Builder must demonstrate experience to complete the project in a professional manner and to a standard appropriate for the community. • Builder must demonstrate financial capability. • Builder must enter into an agreement with City accepting all program requirements and City rules and regulations. Infill Housing Incentive Policy and Program Page 2 • Build according to City of Corpus Christi UDC requirements • Offer a limited builder's warranty to the homeowner acceptable to the City of Corpus Christi and compliant with State and Federal regulations. 4. Incentives • Waiver or reimbursement of fees which include building permit, platting and inspection fees. • Waiver or reimbursement of Water, Wastewater and Gas tap fees. • Rebate of City sales taxes paid on construction materials not to exceed $500 • Provide up to two roll -off containers at City's actual cost during construction 5. Scope a. This Program outlines procedures for acquisition and sale of City owned parcels for construction of single-family residential homes within the Community Development Block Grant (CDBG) boundaries of the city. b. This Program lists City incentives for development within the targeted areas. c. This Program will be managed by the Housing and Community Development Department with assistance from the Real Estate Division of Engineering and Development Services Department. 6. References a. Tax Code Sec 34.051 Resale by taxing unit for the purpose of urban development. b. Local Government Code 272.001 Notice of sale or exchange of land by political subdivision. 7. Definitions Term: Infill Lots Definition: Residential lots within the inner city owned by the City and acquired through foreclosure or donation. Term: Housing Definition: Housing costs that fall for income and persons residing with the home. Subject to those properties that fall within the CDBG boundaries as part of Appendix C and part of this policy. Term: Corpus Christi Community Improvement Corporation. (CCCIC). Definition: A nonprofit corporation organized on behalf of the City that is responsible for community development through federal and state funding. Infill Housing Incentive Policy and Program Page 3 Term: Nueces County Trust Definition: Properties not sold through Sheriff's sale are transferred to the Nueces County Trust. These properties are eligible for transfer to any of the taxing agencies by request. 8. Department Responsibilities a Executive/Management is responsible to: 1) Establish program objectives and develop implementation procedures. 2) Report to City Council the results of the program on at least an annual basis. b Housing and Community Development (HCD) Department Director is responsible to: 1) Manage the overall program to meet housing needs of the community. 2) Manage and update the Infill Housing Incentive Program policies and procedures, and present a briefing to the City Council at least annually. 3) Coordinate with the legal firm managing foreclosed properties. Department makes critical determination if the City should purchase a particular lot at foreclosure auction or wait to see if the property has a no bid. 4) Process applications under the affordable housing guidelines. 5) Accept land with clear title donated to the City and prepare documentation for the transfer of land. 6) Reimburse Development Services for permitting, platting, zoning, etc from the proceeds of sale. 7) Update website information to include CDBG boundaries. 8) Ensure waiver of all permit fees to include platting, building, and zoning. 9) Ensure waiver of all water, wastewater, and gas tap fees. All utilities will be installed at City expense. 10)Ensure waiver of all inspection fees shall. 11)Department will establish a general fund account with approximately $20,000 with which to pay Development Services the amount of waived permits and fees. 12) Require contractors to apply for all related permits and inspections. 13) Ensure Development Services stamps the permit "Infill Housing" and expedites review and issuance of the permits. 14) Ensure the Gas department provides gas indoor plumbing incentive on case- by-case basis where gas service is available. c. City Legal Department is responsible to: 1) Prepare and review all documents to ensure compliance with Local Government Code, City ordinances, and the City Charter. Infill Housing Incentive Policy and Program Page 4 2) Review title commitments before accepting properties from the Nueces County Trust. 3) Review title commitments of all donated land before it is accepted into the Infill Housing Incentive Program (IHIP). 4) Make recommendations to the Real Estate Division and HCD for acquisition or transfer of properties. d. Real Estate Division of Engineering (Capital Programs) is responsible to: 1) Coordinate with outside attorney (Linebarger, Groggan, Blair & Sampson, LLP) managing Nueces County Trust tax foreclosures for the transfer of properties to the City. 2) Coordinate with Legal to review commitments on lots before acceptance. 3) Coordinate with HCD to clear liens and seek City Council approval for sale under the IHIP. 4) Prepare subdivision plat if needed for a minimum of 4,500 square foot lots. 5) Acquire adjacent lot(s) if needed or appropriate to complete a replat. 6) Prepare bid for the sale of lots individually or in packages, as appropriate. Multiple lots may be packaged based on appraised value and location. 7) Receive and open bids at a specified time and place. 8) Award bid based on best value and notify responsive bidders. 9) Prepare a subordination agreement for the lot to the builder for closing. 10)Set the minimum price of the lot in the bid. e. Engineering (also called Capital Programs) is responsible to: 1) Prepare plats for HCD for submittal to the Development Services Department. 9. Procedures Each month, Nueces County conducts a Sheriff's sale of tax -foreclosed property on the steps of the county courthouse. Parcels that do not sell are transferred to the Nueces County trust. Parcels in the trust can be requested by any taxing agency, however they must satisfy all liens a. The HCD Director will periodically contact the outside attorney (Linebarger,Goggan Blair & Sampson, LLP) managing the Nueces County Trust to determine which parcels and lots are available for transfer to the City of Corpus Christi . Before acquisition, lots that meet the criteria for development will be screened for title commitment to ensure they can receive clear title and there are no commitments. Considerations for lot acceptance shall include size, zoning changes needed, location, platting requirements, utility availability, tax lien Infill Housing Incentive Policy and Program Page 5 amounts, etc. For small lots, consideration may be given to acquire adjacent lot(s) and replat. b. HCD Property Advisors will make a physical inspection of the property and makes a recommendation for acquisition and acceptance. c. If HCD and Executive Management believe the lot is acceptable for construction under the Infill Housing Incentive Program, the Director will request in writing to the Nueces County Land Trust for the lots to be transferred to the City. d. Parcels acquired in this Program will be maintained by HCD. e. Real Estate Division will petition the other taxing agencies in accordance with tax code 35.051. f. HCD will prepare a resolution declaring surplus properties for Council action. Action shall include the waiving all liens assessed by the City. g. Real Estate Division will advertise the sale through a bid process. h. The land will be transferred through subordination agreement at closing and monies due the City will be deposited into department fund i. Proceeds from the sale of lots can be used to reimburse Development Services for development fees, permits and property maintenance. 10. Applicability of Sale by Bid a. The selected lots will be advertised and sold through a bid process with a minimum bid value. b. Bidders will be required to submit a $100 option contract for each lot for an option period not to exceed 120 days from the date of sale. c. Bidders may bid on one or more lots. d. Monies collected through the sale will be deposited in Fund to be used by the HCD department to pay Development Services permitting fees and lot maintenance prior to sale. e. Buyers will be required to start the construction on one lot before the end of the option period or the lot(s) will revert to the City for resale or for sale to the second highest bidder. f. Buyers can extend the option period with approval of the City Manager or his designee. g. City will convey the lot through a subordination agreement. Infill Housing Incentive Policy and Program Page 6 11. Private Lot Eligibility a. Any privately owned platted Tots that are developed for single-family housing would be eligible for development fee waivers as outlined in paragraph . b. Lots must be within CDBG boundaries. Application fee for the InfiII Housing Incentive Program shall be $100.00 12. Infill Housing Incentive Program Resolution a. Staff may recommend a repeal of the Infill Housing Incentive Program by Resolution when the goals for infill have been met, or for any other reason. Any changes to the Resolution and Program are subject to City Council approval. Infill Housing Incentive Policy and Program Page 7 AGENDA MEMORANDUM Corpus Christi Business and Job Development Board Meeting of September 21, 2015 DATE: September 08, 2015 TO: President and Honorable Board Members, Corpus Christi Business and Job Development Corporation THROUGH: Ronald L. Olson, City Manager FROM: Eddie Ortega, Housing and Community Development Director Eddieo@cctexas.com 361-826-3234 Allocating $100,000 for Funding Infill Housing Pilot Program CAPTION: Motion to allocate $100,000 from the Available for Projects line item into an Infill Housing Pilot Program. PURPOSE: The Housing and Community Development Department (HCD) is requesting $100,000.00 from the Available for Projects line item in order to fund an Infill Housing Pilot Program. The proposed site for the construction of the affordable home will be located at 2034 Mary Street, which is currently owned by the City of Corpus Christi. The purpose of the program is to build an affordable home that will be made available for sale to a qualified buyer. It is the intention of HCD to create a revolving fund that will self -fund an Infill Housing Program for the future construction of affordable homes. BACKGROUND AND FINDINGS: On November 05, 2002, residents of the City of Corpus Christi passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2B Affordable Housing for up to $500,000 annually as long as there are projects for which the amount can be reasonably used. HCD through an Infill Housing Pilot Program would like to build a "spec" home that will be made available for sale on the open market to a "qualified buyer". ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: HCD has reviewed and supports this request FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 153,247 Encumbered / Expended Amount This item 100,000 BALANCE 53,247 Comments: N/A RECOMMENDATION: HCD staff recommends the funding of the Infill Housing Pilot Program at the requested amount of $100,000.00 LIST OF SUPPORTING DOCUMENTS: Infill Housing Pilot Program Guidelines Infill Housing Pilot Program Guidelines Infill Housing Pilot Program Guidelines September 2015 Corpus Christi Business and Job Development Corporation Program Guidelines Infill Housing Pilot Program Purpose The purpose of the program is to expand affordable housing opportunities for low income homebuyers by providing newly constructed affordable homes. II. General Program Description: The Infill Housing Pilot Program will build an affordable home within the City of Corpus Christi to be sold to a qualified homebuyer. The home to be built will be built on a City of Corpus Christi owned property, in order to reduce the cost of the home. The building of the home will be built through the City of Corpus Christi's procurement policies. Qualified homeowners will be eligible to receive assistance from the Type A funded Homebuyer Assistance Program in order to purchase a home through the Infill Housing Pilot Program. Proceeds of the sale of the home will be considered program income and will revert back into the Infill Housing Pilot Program for future funding. III. Housing Standards: The home to be built must meet all appropriate City of Corpus Christi Technical Construction Codes, including the Energy Code. The home will meet the required State Board of Insurance Windstorm Code, a certificate will be provided to the homeowner upon closing. The house cannot be located in a 100 year flood plain. Per 24 CFR Part 55: Properties located within the 100 year floodplain are vulnerable to a 100 -year flood, and a 1 percent chance of a flood occurring every year. A Certificate of Occupancy will be made available. The purchase price of the home will not exceed $142,850. IV. Homebuyer Eligibility: Prospective homebuyers shall meet the gross annual income limits adjusted for family size as determined by HUD (see Attachment A). The Housing and Community Development Department (HCD) will determine the applicant's anticipated annual gross income. Anticipated annual gross income is an estimation of future income a purchasing household expects to receive based upon their current and future monthly income annualized over a 12 month period. Some examples of future income are bonuses, pay raises, commissions, or over -time pay. Homebuyers must attend a HUD approved Homebuyer/Homeownership class to obtain a Homebuyer Education Certificate. The certificate cannot be older than one year from the date of issuance. If two or more persons are buying a home together, all must attend a class and provide a copy of the Homebuyer Education Certificate. The purchasing household size will be determined by HCD using HUD's definition of purchasing household. Purchasing household's includes all persons who will be occupying the home as their permanent residence. A member of a household is considered to be a permanent member of the household if they have been living as a member of the household for at least six months or more. 2 Homebuyer's cash on hand cannot exceed program limits. The homebuyer cannot have ownership in any other real estate property. V. Homebuyer Requirements: Prospective homebuyers interested in purchasing a home in the Infill Housing Pilot Program should contact the Housing and Community Department directly at (361) 826-3010, or in person at 1201 Leopard St. 2nd Floor, Corpus Christi, TX 78412 to schedule an appointment with a Loan Processor. A list of local lenders will be provided to the homebuyer. It is the responsibility of the homebuyer to obtain financing with a lender. Once pre -approved, the homebuyer will provide the following documents to the Housing and Community Development Department for the purchase of the home. ■ Loan Estimate Form- Effective October 3, 2015 ■ Pre -qualification letter from the Lender ■ Copy of escrow earnest money contract ■ Current government issued identification for all purchasing household members ■ Copy of Homebuyer Education Certificate (no older than one year) VI. Seller Requirements: The City of Corpus Christi will cover the following Seller closing costs: ■ Title Company Fee, approximately 1.0% of the sales price ■ Title Company Escrow Fee ■ Home Warranty ■ Title Company Documentation Prep ■ Title Company Recording Fee ■ Title Company Courier Fee ■ Tax Certificate ■ Guarantee to the State of Texas 3 ATTACHMENT A INCOME LIMITS (80% of MEDIAN INCOME) FAMILY SIZE 1 2 3 4 5 6 7 8 ANNUAL INCOME 31,200 35,650 40,100 44,550 48,150 51,700 55,250 58,850 Revised 3/09/2015* Income limits are established by HUD and are subject to change without notice 4 Corpus Christi Meeting Minutes Corpus Christi Business and Job Development Corporation 1201 Leopard Street Corpus Christi TX 78401 c=texas corn Monday, September 21, 2015 4:00 PM City Council Chambers A. President Bryan Gulley to call the meeting to order. President Gulley called the meeting to order at 4:02 p.m. B. CaII Roll President Gulley verified that a quorum of the Board was present to conduct the meeting. Present: 4 - President R. Bryan Gulley, Vice -President Debbie Lindsey -Opel, Secretary Gabriel Guerra and Chris Hamilton Absent: 1 - Bart Braselton C. MINUTES 1. Approval of Regular Meeting of August 17, 2015. A motion was made by Mr. Guerra, seconded by Ms. Opel, that the Minutes be approved. The motion carried by a unanimous vote. D. FINANCIAL REPORT 2. Financial Report as of July 31, 2015. President Gulley referred to Item 2. Director of Financial Services Constance Sanchez presented the sales tax report; cash flow statements; the commitment reports; and the pro forma for the economic development fund. Board members spoke regarding the tranfer to seawall capital improvement projects. E. CLOSED SESSION ITEMS: (NONE1 F. AGENDA ITEMS: (ITEMS 3-8) 3. Grant for Del Mar College Internship Program Motion to approve the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for an internship program to support small businesses in the amount of $217,223 from October 1, 2015 through December Corpus Christi Page 1 Printed on 10/14/2015 Corpus Christi Business and Job Development Corporation Meeting Minutes September 21, 2015 31, 2016. President Braselton referred to Item 3. Mike Culbertson, Corpus Christi Regional Economic Development Corporation (CCREDC), stated that the purpose of this item is to approve the small business incentive agreement with Del Mar College for an internship program in the amount of $217,223. The grant would run through the end of the semester to Decemember 31, 2016. The grant will match the wage provided by Del Mar College up to $5.00 per hour plus FICA. Ms. Opel made a motion to approve Item 3, seconded by Mr. Guerra and passed unanimously (Braselton - absent). 4. Grant for Service Corps of Retired Executives (SCORE) Chapter 221 Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide a grant of up to $50,000 in FY16 to assist small businesses. President Gulley referred to Item 4. Mike Culbertson, CCREDC, stated that the purpose of this item is to approve a Type A Grant to SCORE to mentor small businesses through workshops and counseling. SCORE has assisted over 2,000 small businesses each year and has received funding since 2008. Mr. Guerra made a motion to approve Item 4, seconded by Mr. Hamilton and passed unanimously (Braselton - absent). 5. Grant for LiftFund Motion approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and LiftFund, Inc. to provide a grant of up to $250,000 in FY16 for a loan Buy -down program. President Gulley referred to Item 5. Mike Culbertson, CCREDC, stated that the purpose of this item is to approve a small business incentives agreement with LiftFund, Inc. in the amount of $250,000 to assist small businesses with a loan interest buy -down program. Laura Lee Estrada, LiftFund, Inc., responded to questions regarding the program. Board members spoke regarding the following topics: the percentage of incentives tied to Corpus Christi; the criteria LiftFund is using for the Type A funding; and the buy -down interest rate. Mr. Guerra made a motion to approve Item 5, seconded by Ms. Opel and passed unanimously (Braselton - absent). 6. Grant for Del Mar College Procurement Technical Assistance Program (PTAC) Motion to Grant $37,500 for Del Mar College's Procurement Technical Assistance Center (PTAC) for Small Business Assistance. Corpus Christi Page 2 Printed on 10/14/2015 Corpus Christi Business and Job Development Corporation Meeting Minutes September 21, 2015 President Gulley referred to Item 7. Mike Culbertson, CCREDC, stated that the purpose of this item is to award a grant to Del Mar College Procurement Technical Assistance Center (PTAC) in the amount of $37,500 to provide assistance to small businesseswith the requirements to qualify and submit bids to all levels of government. Mr. Culbertson said PTAC has been funded since 2012 and has added 125 full-time employees. City Secretary Rebecca Huerta clarified that the action for this item is to approve a small business incentive agreement. Mr. Guerra made a motion to approve Item 7, seconded by Mr. Hamilton and passed unanimously (Braselton - absent). 7. Grant for Texas A&M University - Corpus Christi Internship Program Motion to approve the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University - Corpus Christi for an internship program to support small businesses in the amount of $238,635 from October 1, 2015 through December 31, 2016. President Braselton referred to Item 7. Mike Culbertson, CCREDC, stated that the purpose of this item is to approve a small business incentive agreement for Texas A & M University - Corpus Christi Internship Program. The agreement would run until December 31, 2016 at the end of the semester and the grant will match the minimum wage up to $5.00 per hour plus FICA. Mr. Guerra made a motion to approve Item 7, seconded by Mr. Hamilton and passed unanimously (Braselton - absent). 8. Allocating $100,000 for Funding Infill Housing Pilot Program Motion to allocate $100,000 from the Available for Projects line item into an Infill Housing Pilot Program. President Gulley referred to Item 8. Director of Housing and Community Development Eddie Ortega stated that the purpose of this item is to request $100,000 from the Available for Projects line item in order to fund an Infill Housing Program. Board members spoke regarding the following topics: use of City -owned property; the ability to bring the property back on the tax base; incentives to make the project more viable; how the project would be bid; the available funding; funds from the sale of the home to be recaptured in the Type A program funds; use of other funding; whether there will be issues with selling the home; ensuring the comps for the area; the proposed square footage of the home and cost; consideration of an intern to assist with affordable housing; the location of the lot at 2034 Mary Street; the timeline for the program; the established plan for the program; whether builders would be bonded; and the cost of the new home. Ms. Opel made a motion to approve Item 8, seconded by Mr. Hamilton and passed unanimously (Braselton - absent). Corpus Christi Page 3 Printed on 10/14/2015 Corpus Christi Business and Job Meeting Minutes September 21, 2015 Development Corporation G. PRESENTATION ITEMS: (ITEMS 9-11) 9. Update - Capital Programs Monthly Project Report President Gulley referred to Item 9. Director of Capital Programs Jeff Edmonds presented the capital programs monthly projects update for the Salt Flats Levee Project, Barge Dock Project; the Miradores Project completion; McGee Beach Renourishment Project; and a potential project for the McGee Beach Breakwater Safety Improvements. Mr. Edmonds presented a list of the past uses of the seawall CIP funds. Board members spoke regarding the following topics: costs for the barge dock repairs and a detailed report on the findings; the potential area for the Breakwater Safety Improvements; the functions of the breakwater improvements; the ribbon cutting ceremony held for the Miradores Project; and the unencumbered seawall CIP funds. 10. Update - Type A Projects President Gulley referred to Item 10. Mike Culbertson, CCREDC, presented the small business programs and major business incentives quarterly report. 11. Update - Affordable Housing Programs President Gulley referred to Item 11. Director of Housing and Community Development Eddie Ortega presented the quarterly report for the affordable housing programs. H. EXECUTIVE DIRECTOR COMMENTS: None. I. PUBLIC COMMENT None. J. IDENTIFY FUTURE AGENDA ITEMS K. ADJOURNMENT President Gulley referred to Identifying future agenda items and announced that he would be absent from the October meeting. The following item was identified as a future agenda items: an update on the M&G Group major business incentive project; de -obligating funding from Conexia; and an amendment to the seawall fund for the capital funding transfer. The meeting was adjourned at 5:00 p.m. Corpus Christi Page 4 Printed on 10/14/2015 Corpus Christi Business and Job Development Corporation Meeting Minutes September 21, 2015 • Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant laws, and the Board of Directors may deliberate and vote upon any such subject and resolutions related thereto Any descriptions of property or amounts stated in this agenda are descriptive and not restrictive, and property and amounts may be changed in the motions actions or documents In addition to other items listed in this agenda, policies and procedures of this corporation. legal analysis of any items, policies or procedures, and any items that am currently receiving funding from this corporation may be discussed and deliberated and these matters are added as subjects of discussion to this meeting This agenda has been reviewed and approved by the attorney for the governing body. and the presence of any subject or description in the Executive Session portion of this agenda constitutes a written interpretation of Chapter 551 of the Texas Local Government Code by the attorney for this corporation rndreahng that said subject or description thereof may be legally discussed in a closed meeting. Corpus Christi Page 5 Printed on 10/14/2015