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HomeMy WebLinkAboutAgenda Packet City Council - 08/16/2022 o',A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday,August 16, 2022 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Pastor Chuck Goodwin, Fish for Life Ministries. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Madilynn Cantu, Junior at Foy H. Moody High School . D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. Alternative Water Resources Update b. Infrastructure Management Plan (IMP) Quarterly Update City of Corpus Christi Page 1 Printed on 8/15/2022 City Council Meeting Agenda-Final-revised August 16, 2022 F. PUBLIC COMMENT -APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Information Technology (IT) Department at least 24 hours prior to the Meeting. Please contact IT at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 1 - 6) 1. 22-1407 Approval of the August 8, 2022 Budget Workshop Minutes, August 9, 2022 Regular Meeting Minutes and August 11, 2022 Budget Workshop Minutes Consent-Second Reading Ordinances 2. 22-1297 Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy, in an amount of $89,480.00 for overtime for four sworn officers and lease payments on four vehicles for the FY 2022 High Intensity Drug Trafficking Area Initiative; and appropriating $89,480.00 in the Police Grants Fund. sponsors: Police Department 3. 22-0889 Ordinance amending the Unified Development Code (UDC) and corresponding UDC Zoning Map to adopt Military Compatibility Area Overlay Districts for the areas of and surrounding Truax Field at Naval Air Station - Corpus Christi, Naval Auxiliary Landing Field Cabaniss, and Naval Auxiliary Landing Field Waldron to make land use compatible with Naval Air Station - Corpus Christi's military mission to include regulation of land use, density, intensity, noise, light, and vertical obstructions, and providing for penalty. sponsors: City Secretary's Office and Development Services 4. 22-1272 Case No. 0522-01, Corpus Note Acquisitions LLC (District 2): Ordinance rezoning property at or near 3241 Reid Drive (located along the south side of Reid Drive, north of Texan Trail, and south of Botsford Street) from the "RM-1" Multifamily District to the "ON" Neighborhood Office District. (Planning Commission and Staff recommended approval of the change City of Corpus Christi Page 2 Printed on 8/15/2022 City Council Meeting Agenda-Final-revised August 16, 2022 of zoning from the"RM-1"Multifamily District to the "ON"Neighborhood Office District.) sponsors: Development Services 5. 22-1373 Ordinance ordering a general election to be held on November 8, 2022, in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary, on December 13, 2022; authorizing execution of a Joint Election Agreement with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. sponsors: City Secretary's Office Consent- Capital Projects 6. 22-1360 Motion awarding a construction contract to Landmark Structures I, LP, Fort Worth, Texas, for Elevated Water Storage Tanks ACR Implementation Phase 3 project in an amount of$13,372,000.00 located in Council District 4, with FY 2022 funding available from the Water Capital Fund. Sponsors: Engineering Services, Water Utilities Department and Finance & Procurement J. RECESS FOR LUNCH K. PUBLIC HEARINGS: (ITEM 7) 7. 22-1298 Case No. 0522-02, City of Corpus Christi (District 1): Ordinance rezoning property at or near 1525 Morgan Avenue, located along the south side of Morgan Avenue, east of South Brownlee Boulevard, and west of 12th Street from the "CG-2" General Commercial District and the "RS-TF" Two-Family District to the "CN-1" Neighborhood Commercial District. (Planning Commission and Staff recommended approval of the change of zoning from the" "CG-2" General Commercial District and the "RS-TF" Two-Family District to the "CN-1"Neighborhood Commercial District.) sponsors: Development Services L. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 8) 8. 22-1245 One-Reading Ordinance calling for a special election for the Bond 2022 Program to be held on November 8, 2022, in the City of Corpus Christi for the authorization of bond issuances for the City by ad valorem taxes totaling $125 million without a property tax rate increase to fund 32 projects under the following propositions: Streets ($92.5 million), Parks ($20 million), Public Safety ($10 million) and Libraries ($2.5 million). City of Corpus Christi Page 3 Printed on 8/15/2022 City Council Meeting Agenda-Final-revised August 16, 2022 Sponsors: Engineering Services and City Secretary's Office M. FIRST READING ORDINANCES: (ITEM 9) 9. 22-0375 Ordinance amending Chapter 49 of the Corpus Christi Code of Ordinances to add Article IX, Sidewalk Cafes, Parklets and Pedlets in City right of way in the Downtown Area to authorize the closure and use of portions of public right-of-way to facilitate the use of public sidewalks and parking areas for the sale or provision of food and beverages outdoors; and providing for a penalty. Sponsors: Public Works/Street Department N. BRIEFINGS: (ITEM 10) 10. 22-1427 Briefing Update to City Council on Operations at the American Bank Center Sponsors: City Manager's Office O. EXECUTIVE SESSION: (ITEM 11) 11. 22-1413 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning construction claims and litigation including, but not limited to, the case of Justin T. Garcia, individually, and Diana Dominguez, as power of attorney for and next friend of Justin Garcia v. City of Corpus Christi, Texas and William M. Hobbs, including potential consideration of settlement offers and/or fees for attorneys, engineers, other expert witnesses assisting in this case, deposition fees, and court costs, and updates on litigation in other cases. P. ADJOURNMENT City of Corpus Christi Page 4 Printed on 8/15/2022 City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Monday,August 8,2022 10:00 AM Council Chambers FY 2022-2023 BUDGET WORKSHOP - Police, Fire, Solid Waste, and City Council Constituent Relations Support A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 10:07 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca Huerta Note: Council Member Hernandez arrived at 10:29 a.m. Present: 7- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina, and Council Member Mike Pusley Absent: 2- Council Member Michael Hunter, and Council Member Greg Smith C. BRIEFINGS: 1. 22-1357 City Council Workshop on Police, Fire, Solid Waste, and City Council Constituent Relations Support for the FY 2023 Proposed Budget Philip Ramirez with Turner Ramirez Architects presented information on the FY 2023 Capital Improvement Plan of the design and construction regarding a new police academy complex at Del Mar South campus. Council Members, Mr. Ramirez, and City Manager Peter Zanoni discussed the following topics: this building will not be an Emergency Operations Center (EOC), but it is designed as an emergency backup center, if necessary; the construction time frame for this project is about 14 to 18 months and should fall within the $22M budget; most of the site work for this project has been done and paid for by Del Mar College; and this building is designed to have an emergency generator. Police Chief Mike Markle presented information on the following topics: mission City of Corpus Christi Page 1 Printed on 811212022 City Council Meeting Minutes August 8,2022 statement; about police department; organization; FY 2022 achievements; performance measures; FY 2023 police department proposed budget: $100.1 M; FY 2023 proposed budget general fund: $79.9M; FY 2023 proposed budget crime control fund: $9.6M; funding 25 police officer positions; FY 2023 proposed budget Metrocom fund: $8.3M; FY 2023 proposed budget grants fund: $2.3M; FY 2023 enhancement 1; FY 2023 enhancement 2; FY 2023 enhancement 3; FY 2023 enhancement 4; FY 2023 enhancement 5; FY 2023 enhancement 6; FY 2023 enhancement 7; FY 2023 enhancement 8; and Bond 2022-public safety projects. Council Members, Police Chief Markle and City Manager Peter Zanoni discussed the following topics: the 15 new police officer positions are funded from the Crime Control District fund balance; the financial impact is $1.4M per year with $5M in fund balance; the proposed budget increase for overtime is $250,000 for shift augmentation; a Council Member's concern about the lack of lighting at the downtown police station; Council Members are in support of the Calallen Police Sub-station; 22 SWAT officers service the whole region; and a Council Member's request for Council and City Manager to add a crime prevention unit to the budget to offer services for school districts. Flre Chief Robert Rocha presented information on the following topics: mission statement; about fire department; fire department command staff; FY 2022 achievements; performance measures; services; FY 2023 fire department proposed budget: $79.2M; FY 2023 proposed budget general fund: $79.OM; FY 2023 proposed budget LEPC fund: $.2M; increase contributions firefighter's retirement system; FY 2023 enhancement 1; FY 2023 enhancement 2; FY 2023 enhancement 3; FY 2023 enhancement 4; FY 2023 enhancement 5; FY 2023 enhancement 6; FY 2023 enhancement 7; and FY 2023 enhancement 8. Council Members, Fire Chief Rocha, Deputy Fire Chief Richie Quintero, and City Manager Peter Zanoni discussed the following topics: a Council Member thanked Chief Rocha for taking care of the Annaville/Calallen area; a Council Member's concern that the fire department has a ten percent overtime increase while fully staffed; a Council Member's request for the City Manager to review this overtime budget; the reason for the budget increase for vehicle maintenance and repairs is due to the price increase of parts, services, etc.; a Council Member's concern about traffic issues on Rand Morgan Road for the new medic unit; a Council Member's request that the City work through issues with the Emergency Services District (ESD) that operate within the city limits; and a Council Member's concern about adequate staffing at Station 18. Director of Solid Waste Services David Lehfeldt presented information on the following topics: mission statement; about solid waste services; organization; services provided to our customers; future service-compost facility; FY 2022 achievements; FY 2023 solid waste services proposed budget: $33AM; FY 2023 proposed budget general fund: $33AM; FY 2023 enhancement 1; FY 2023 enhancement 2; FY 2023 enhancement 3; FY 2023 enhancement 4; proposed solid waste fee increase; average monthly residential rate by City; and services funded by fees. City of Corpus Christi Page 2 Printed on 811212022 City Council Meeting Minutes August 8,2022 Council Members, Director Lehfeldt and Assistant City Manager Neiman Young discussed the following topics: there is a nationwide shortage of CDL drivers, so the Solid Waste Department is working with Del Mar College to provide free CDL training for employees; in response to a Council Member's question regarding fleet vehicles, staff stated that diesel trucks are better for the environment with a greater cost benefit; and a Council Member's concern about waste fee increases for commercial customers. Chief of Staff Michael Rodriguez presented information on City Council Constituent Relations Support. Council Members and Mr. Rodriguez discussed the following topics: the two support staff positions would assist Council Members with scheduling, responding to emails, returning phone calls and providing responses to the public; the average assistance needed for each Council Member is about five to ten hours per week; a Council Member's concern about the City Manager hiring staff for Council Members; and Council Members spoke in support of placing the Council support positions in the City Secretary's Office. D. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 1:31 p.m City of Corpus Christi Page 3 Printed on 811212022 City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,August 9,2022 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:39 a.m. B. Invocation to be given by Police Lieutenant Chuck Freeman, Corpus Christi Police Department Chaplain. Chaplain Antwine Charles, Corpus Christi Police Department, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Temoc Zamora, Veterans Memorial High School student. Temoc Zamora, Veterans Memorial High School student, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca Huerta Present: 8- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina, and Council Member Mike Pusley Absent: 1 - Council Member Greg Smith E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Guajardo referred to City Manager's comments. a. Acknowledgement of Summer Interns City Manager Peter Zanoni recognized the following Summer Interns: Heavens Pantoja, Caroline Lutz, Benjamin DeLeon, Cellio De La Serta, Jesse Trevino, John Casso, Vivian Flores, and Rita Ramirez. City of Corpus Christi Page 1 Printed on 811212022 City Council Meeting Minutes August 9,2022 b. Staff Announcements: Tyler Florence, Assistant Director of Parks & Recreation Russell Dean, Assistant Director of Asset Management City Manager Zanoni introduced the new Assistant Director of Parks and Recreation Tyler Florence and Assistant Director of Asset Management Russell Dean. Tyler Florence, with more than 15 years of experience, will oversee the community and recreation department, and manage the grant programs. Russell Dean will focus on fleet maintenance. His experience includes fleet management and transportation. C. Drought Contingency Plan Update Chief Operations Officer for Water Utilities Michael Murphy presented information on the following topics: drought impact on Texas surface water; 7 day precipitation outlook; key take-aways; reservoir capacities-last year and today; production from O.N. Stevens Water Treatment Plant; reservoir capacities-historical; CWWSM simulations vs. actual; stage 1 water restrictions; stage 2 water restrictions; and communication. Council Members, Mr. Murphy, Water Resource Manager Esteban Ramos and City Manager Zanoni discussed the following topics: staff continues to look into alternative water sources and alternate locations for desalination plants; CC Polymers would provide the most immediate source of water; the Barney Davis Plant is also being considered; a directive for staff to obtain San Antonio's conservation plan to determine how our plan will be enforced; planning for water resources is important for new industries coming in town; the importance of educating school districts about water conservation; and a Council Member's request for the City to secure water rights. F. PUBLIC COMMENT Mayor Guajardo opened the public comment period. Ron Graban, 202 Surfside Blvd., thanked Council and City Manager for the North Beach improvements. The following citizens spoke regarding the lack of transparency for the OVG Management contract at the American Bank Center: Malcolm De Shields, 6834 Dorsey St.; Casey Lain, 4429 Dolphin Place; Gil Harris, 9433 Huntington; and Heidi Hovda, 1022 Harrison St. Cheryl Martinez, 1006 Collingswood Dr., spoke regarding animal care issues. The following citizen submitted a written public comment which is attached to the minutes: Jerry Hooper, 3401 Bali Dr. City of Corpus Christi Page 2 Printed on 811212022 City Council Meeting Minutes August 9,2022 G. BOARD &COMMITTEE APPOINTMENTS: 1. 22-1362 Arts & Cultural Commission (3 vacancies) Nueces County Tax Appraisal District (1 vacancy) Parks and Recreation Advisory Committee (5 vacancies) Mayor Guajardo referred to Item 1. The following appointments were made: Arts & Cultural Commission: Reappointments: Jody P. Hughes and James Moore Appointment: Emily M. Barrera Nueces County Tax Appraisal District: Postponed until September 6, 2022 Parks and Recreation Advisory Committee: Reappointments: Linda Lindsey, Robert W. McNabney, and Twila Stevens Appointments: Duke Canchola and Kellie Summers I. CONSENT AGENDA: (ITEMS 2 - 13) 2. 22-1363 Approval of the July 26, 2022 Regular Meeting Minutes. The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda and asked if a Council Member would like to pull an item for individual consideration. No items were pulled. A motion was made by Council Member Pusley, seconded by Council Member Lerma to approve the Consent Agenda. The motion carried by the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Absent: 1 - Council Member Smith Abstained: 0 3. 22-1184 Ordinance amending the Wastewater Collection System Master Plan for the Allison Service Area, a public utility element of the Comprehensive Plan of the City of Corpus Christi, by modifying the alignment of an influent line to Clarkwood North Lift Station located at 2001 Clarkwood Road. City of Corpus Christi Page 3 Printed on 811212022 City Council Meeting Minutes August 9,2022 This Ordinance was passed on second reading on the consent agenda. Enactment No: 032823 4. 22-1116 Ordinance authorizing a Wastewater Collection Line Extension Construction and Reimbursement Agreement for up to $252,213.49 with MPM Development, LP to construct off-site Wastewater improvements for a planned residential and commercial subdivision, Royal Oak Unit 3, located on Rand Morgan Road, south of Leopard Street, with a completion date of within 24 months; transferring $153,836.09 from the Wastewater Trunk System Trust Fund to the Wastewater Collection Line Trust Fund; and appropriating $252,213.49 to reimburse the Developer per the agreement.(District 1) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032824 5. 22-1106 Ordinance amending the FY 2021/22 Capital Budget and authorizing a professional services contract with LJA Engineering, Inc, Corpus Christi, Texas in the amount of$1,510,500 for the London Area Wastewater Collection System Improvements project, located in Council District 3 and outside the city limits, with FY 2022 funding available from the Wastewater Capital Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032825 Consent-Public Safety First Reading Ordinances 6. 22-1297 Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy, in an amount of$89,480.00 for overtime for four sworn officers and lease payments on four vehicles for the FY 2022 High Intensity Drug Trafficking Area Initiative; and appropriating $89,480.00 in the Police Grants Fund. This Ordinance was passed on first reading on the consent agenda. Consent- Contracts and Procurement 7. 22-0895 Motion authorizing a two-year supply agreement with International Corrosion Control, Inc., of Lewiston, New York, in an amount not to exceed $2,375,138.00, for the purchase of magnesium anodes, used by the Gas Department to provide cathodic protection for corrosion control of underground gas pipelines with FY 2022 funding of$296,892.24 available from the Gas Fund. This Motion was passed on the consent agenda. Enactment No: M2022-125 8. 22-1178 Motion authorizing a one-year supply agreement with Rehrig Pacific Company, of Dallas, through OMNIA Partners purchasing co-operative, in the amount of City of Corpus Christi Page 4 Printed on 811212022 City Council Meeting Minutes August 9,2022 $833,330.16 for the purchase of refuse and recycling carts utilized by Solid Waste Services, with FY 2023 funding from the General Fund, subject to future budget approval. This Motion was passed on the consent agenda. Enactment No: M2022-126 9. 22-1227 Motion authorizing a four-year service agreement, with one two-year option, with Gabriel, Roeder, Smith & Company of Irving, in an amount not to exceed $59,900.00, with a potential amount not to exceed $89,900.00 if the option is exercised, for actuarial services for other post-employment benefits (i.e., medical health insurance benefits for retirees), with FY 2022 funding of $13,200.00 from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2022-127 10. 22-1266 Motion authorizing a three-year service agreement with BugPro Inc., of Corpus Christi, in an amount not to exceed $58,643.46, for pest control services for City properties, with FY 2022 funding of$3,258.00 from the Asset Management - Facilities Fund. This Motion was passed on the consent agenda. Enactment No: M2022-128 Consent- Capital Projects 11. 22-1312 Motion authorizing the approval of Change Order No. 1 with Callan Marine, LTD, Galveston, Texas, for the Packery Channel Restoration Project, in an amount of $2,620,053.00 of which FEMA will reimburse $2,358,047 for a total amount not to exceed $14,979,102.30 with FY 2022 funding available from the Parks & Recreation, Tax Increment Reinvestment Zone #2 (Island TIRZ), and the Storm Water Capital Improvement Project (CIP) Funds. This Motion was passed on the consent agenda. Enactment No: M2022-129 12. 22-1318 Resolution awarding a construction contract to A. Ortiz Construction & Paving, Inc., Corpus Christi, Texas for the construction of South Oso Parkway from South Staples Street to South Oso Parkway, with new asphalt pavement, utility improvements and Botanical Gardens parking lot improvements, in the amount of$1,328,913.55, located in Council District 5, with FY 2022 funding available from the Street Bond 2018, Storm Water, Water and Gas Funds. This Resolution was passed on the consent agenda. Enactment No: 032826 City of Corpus Christi Page 5 Printed on 811212022 City Council Meeting Minutes August 9,2022 General Consent Items 13. 22-1392 Resolution authorizing amendment No. 2 to the Interlocal Agreement with Nueces County regarding Parker Pool to provide funds in a total amount of $18,250 in Summer 2022 to allow free public access to the pool. This Resolution was passed on the consent agenda. Enactment No: 032827 J. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:30 p.m. Executive Session Item 19 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 2:18 p.m. K. RECESS TO JOINT MEETING WITH PLANNING COMMISSION (ITEM 14) Mayor Guajardo recessed the Council meeting at 3:08 p.m. for the Joint meeting with Planning Commission. 14. 22-0889 Ordinance amending the Unified Development Code (UDC) and corresponding UDC Zoning Map to adopt Military Compatibility Area Overlay Districts for the areas of and surrounding Truax Field at Naval Air Station - Corpus Christi, Naval Auxiliary Landing Field Cabaniss, and Naval Auxiliary Landing Field Waldron to make land use compatible with Naval Air Station - Corpus Christi's military mission to include regulation of land use, density, intensity, noise, light, and vertical obstructions, and providing for penalty. Mayor Guajardo called the joint meeting to order at 3:12 p.m. City Secretary Rebecca L. Huerta called the roll of the Planning Commission and verified that a quorum of the Commissioners were present to conduct the meeting. Commissioners Cynthia Salazar Garza, Michael Miller; Kamran Zarghouni, Sheldon Schroeder, Javier Gonzalez, Mike Munoz, Brian Mandel and Jahvid Motaghi(Michael York-absent). City Secretary Rebecca L. Huerta called the roll of the City Council and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Mayor Guajardo, Council Members Hernandez, Molina, Lerma, Martinez, Pusley, Hunter and Barrera (Council Member Smith-absent). Director of Development Services Al Raymond presented information on the following topics: procedure for joint meeting; history; purpose; public outreach; Military Compatibility Area Overlay District (MCAOD); UDC Section 6.5.2 definitions and boundaries; UDC Section 6.5.3.F light subzone; Section 6.5.3.G noise subzone; UDC Section 6.5.3.H vertical obstruction subzone; imaginary surfaces at NAS-CC; land use City of Corpus Christi Page 6 Printed on 811212022 City Council Meeting Minutes August 9,2022 compatibility; UDC Section 6.5.3.1 and J; frequently asked questions; and staff recommendation for joint meeting. Council Members, Commissioners, Director Raymond, and Administrator of Development Services Andrew Dimas discussed the following topics: the MCAOD supersedes the base zoning of a property, so if it is commercially zoned the MCAOD will try to reduce density; whether the general landowners are aware of these proposed policy changes; nine community outreach meetings were held to educate the public about these policy changes; passing this ordinance codifies the Accident Potential Zone and will supersede what the base zoning requires; of the 375 vacant properties, Waldron Field currently has 66 vacant properties zoned residential; if this ordinance passes, residents will have six months to rezone their property; what the implications would be if the Navy leaves this community; and a Council Member's concern that the 3,500 property owners and the school district were not properly notified about this zoning. Mayor Guajardo opened the public hearing. Commanding Officer of Naval Air Station Corpus Christi Captain Jurica, Ben Polak, 3822 Kangaroo Court; Kresten Cook, 4718 Mars Hill Dr.; Alan Wilson, 5017 Lost Creek Circle; Garry Bradford, 5701 Oso Parkway; John LaRue, 426 Cape Lookout Dr.; and Moses Mostaghasi spoke in support of this Ordinance. Construction Project Manager for CCISD John Dibala, stated that CCISD owns a tract of land that will be affected by the proposed overlay and is requesting to postpone this vote for 30 days. Mayor Guajardo closed the public hearing. Mayor Guajardo asked the Planning Commission for a recommendation. Commissioner Miller made a motion to approve the ordinance as presented, seconded by Commissioner Gonzalez. Mayor Guajardo asked the Council if they wished to take action. Council Member Hernandez made a motion to approve the ordinance, seconded by Council Member Lerma. This Ordinance was passed on first reading and approved with the following vote: Mayor Guajardo adjourned the joint meeting at 4:39 p.m. Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Absent: 1 - Council Member Smith Abstained: 0 City of Corpus Christi Page 7 Printed on 811212022 City Council Meeting Minutes August 9,2022 L. RECONVENE CITY COUNCIL MEETING Mayor Guajardo reconvened the City Council meeting at 4:39 p.m. M. PUBLIC HEARINGS: (ITEMS 15 - 16) 15. 22-1271 Case No. 0422-02, Behmann Brothers Foundation (District 3): Ordinance rezoning property at or near 602 Saratoga Boulevard (located along the north side of Saratoga Boulevard, south of West Point Road and east of Old Brownsville Road) from the "FR" Farm Rural District to "RS 4.5" Single-Family 4.5 Residential (Tract 1) and from the "FR" Farm Rural District to "RE/SP" Estate Residential District with a Special Permit (Tract 2). (Planning Commission and Staff recommend approval) Mayor Guajardo referred to Item 15. Council Member Barrera made a motion to table the ordinance, seconded by Council Member Hunter. This Ordinance was tabled with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Absent: 1 - Council Member Smith Abstained: 0 16. 22-1272 Case No. 0522-01, Corpus Note Acquisitions LLC (District 2): Ordinance rezoning property at or near 3241 Reid Drive (located along the south side of Reid Drive, north of Texan Trail, and south of Botsford Street) from the "RM-1" Multifamily District to the "ON" Neighborhood Office District. (Planning Commission and Staff recommended approval of the change of zoning from the"RM-1"Multifamily District to the "ON"Neighborhood Office District.) Mayor Guajardo referred to Item 16. Director of Development Services Al Raymond presented information on the following topics: zoning and land use; public notification; staff analysis and recommendation; and planning commission and staff recommend approval. Mayor Guajardo opened the public hearing. Coastal Bend Wellness Foundation CEO Bill Hoelscher stated that they are in the process of purchasing the triangular property and the empty lot behind it to build housing for elderly and construct a small clinic. A Council Member stated that this is a great investment opportunity. City of Corpus Christi Page 8 Printed on 811212022 City Council Meeting Minutes August 9,2022 Mayor Guajardo closed the public hearing. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Absent: 1 - Council Member Smith Abstained: 0 N. INDIVIDUAL CONSIDERATION ITEMS: (NONE) O. FIRST READING ORDINANCES: (ITEM 17) 17. 22-1373 Ordinance ordering a general election to be held on November 8, 2022, in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary, on December 13, 2022; authorizing execution of a Joint Election Agreement with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. Mayor Guajardo referred to Item 17. There were no comments from the Council. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Absent: 1 - Council Member Smith Abstained: 0 P. BRIEFINGS: (ITEM 18) 18. 22-1366 Recommendations on Attracting and Retaining Young Talent in the Coastal Bend Corpus Christi Regional Economic Development Corporation Interim CEO Mike City of Corpus Christi Page 9 Printed on 811212022 City Council Meeting Minutes August 9,2022 Culbertson and Principal of Place and Main Joe Borgstrom presented information on the following topics: strength and weaknesses; phase 2 purpose; recommendations; aesthetics and community assets; neighborhood node development; public art; social offerings; economic offerings and place connectedness; 18-34 year old demographic; and recommendations summary. Council Members, Mr. Culbertson and Mr. Borgstrom discussed the following topics: promote beach front business development; the importance of attracting more technology jobs; a Council Member's request for amenities along the Bayfront parks; the Downtown Management District offers an incentive program of$20,000 per residential unit; and a Council Member's desire to add more restaurants on the T-Heads. Q. EXECUTIVE SESSION: (ITEM 19) Mayor Guajardo referred to Executive Session Item 19. The Council went into Executive Session at 1:30 p.m. The Council returned from Executive Session at 2:18 p.m. 19. 22-1375 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning claims and litigation including, but not limited to, the case of Salinas Construction Technologies, Ltd. and Salinas and Sons, Inc. v. City of Corpus Christi, including potential consideration of settlement offers and/or fees for attorneys, engineers, other expert witnesses assisting in this case, deposition fees, and court costs, and updates on litigation in other cases. This E-Session Item was passed after executive session. The following motion was considered: Motion to authorize the City Manager or designee to execute an amendment to the City's professional services agreement for attorney services with McKibben, Martinez, Jarvis & Wood, L.L.P. for representation of the City in Salinas Construction Technologies, Ltd. and Salinas and Sons, Inc. v. City of Corpus Christi to increase the maximum amount of said contract by $90,000. Council Member Barrera made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Absent: 1 - Council Member Smith Abstained: 0 Enactment No: M2022-130 R. ADJOURNMENT City of Corpus Christi Page 10 Printed on 811212022 City Council Meeting Minutes August 9,2022 There being no further business, Mayor Guajardo adjourned this meeting at 4:39 p.m. City of Corpus Christi Page 11 Printed on 811212022 G � 0 \ / / 7 \ § _0 CL ] 2 o ƒ E r) ) m 0 0 \ / < & j ] \ / S / 2 3 0 / \ § = n . \. _ / V / e o 0 w < \ E 0 & o & % 00 o /] f \ ° ° 7 7 0 2 g & < < 0 / / 9 « w n 2 zr / \_ \ / / / \ / 0 \ = O / / \ \_ / o D / \ 7 w \ 4 = « k n e ll = o J R f / \ / < \ \§ / \\ c / _ > rmmn % 000 \ — ° ) ° ƒ E a ± > / / ? \ _0 N a n 7 0 » o e ° m 2 > 2 0 ƒ / ƒ ri 5 n / cr % / > ¥ 2 5 ¥ G n I \ 7 / \ Ln ƒ 0 O o m o _ \ ƒ S ( f ( \ % # ° ] / 3 2 3 \ \ 0 ~ ° = E m -0 $ / ƒ R / / % r+ r C o w o 00 M / q k k 3 E 2 � 0 Ln ƒ 2 • R w � / � 0 < � e = O 2 \ ) \ & ƒ _ 7 0 s \ «\ o / \ M & 0 = Q $ o § / / U f 7 § / / \ \ 7 g c \ \ \ 7 D 0 ƒ / 2 ) 2 / 2 \ z yn 2 5 > & m ' n a $ � a � = 3q 3 ° ¥ j M \ / -< / 7 s ° z > M m / a- 0 rD rD � ^ ° a) / / ) / ® E 2 ) 2 G $ o- >y em 2 / $ % g > = a » a c = n zr Ln m 7 \ m / � ^"OS r.j,, s Cit`' of Corpus Christi 1201 Leopard Street x 1 Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Thursday,August 11,2022 9:00 AM Council Chambers FY 2022-2023 BUDGET WORKSHOP - Cost of Living Adjustment(COLA) Recommendation, Parks & Recreation, Libraries, Health Department, Neighborhood Services, and Development Services A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 9:15 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca Huerta Present: 8- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina, and Council Member Mike Pusley Absent: 1 - Council Member Greg Smith C. BRIEFINGS: 1. 22-1388 City Council Workshop on Cost of Living Adjustment (COLA) Recommendation, Parks & Recreation, Libraries, Health Department, Neighborhood Services and Development Services for the FY 2023 Proposed Budget Director of Human Resources Eyvon McHaney presented information on the following topics: human resources; and COLA analysis and proposal. Council Members, Director McHaney, and City Manager Peter Zanoni discussed the following topics: 4% COLA increase in lieu of merit increase due to inflation and market fluctuation; 4% does not affect retiree income; reach out to retirees to let them know this fact; the retiree group will disburse this information; our vacancy rate is 17%-18%, we were 20% below market; last study done in 2014; need to provide competitive pay for recruitment and retention; looking at every employee for target adjustments; some council members disagree that a 4% COLA should be done across the board; it's difficult to determine who needs COLA based on salary; Financial Advisor agreed with COLA increase; council members want hourly and below Grade 200 to receive the increase; City of Corpus Christi Page 1 Printed on 811212022 City Council Meeting Minutes August 11, 2022 CPI was 8.5% now is 10.3% and is an ongoing problem with shortages across the board; and concerns regarding citizen view of 4% increase. Director of Parks and Recreation Robert Dodd presented information on the following topics: mission statement; about parks and recreation; organization; FY 2022 achievements; performance measures; FY 2023 parks and recreation proposed budget: $53.5M; FY 2023 proposed budget general fund: $31 AM; FY 2023 proposed budget special revenue funds: $17.1 M; FY 2023 proposed budget; FY 2023 enhancements; FY 2023 enhancements District 1; FY 2023 enhancements District 2; FY 2023 enhancements District 3; FY 2023 enhancements District 4; FY 2023 enhancements District 5; FY 2023 enhancements-North Beach and McGee Beach; FY 2023 enhancements-beach operations; FY 2023 enhancements-Gulf Beach; community enrichment fund; community enrichment fund balance; community enrichment fund balance-expenditures; and FY 2023 proposed budget-park development fund. Council Members, City Manager Zanoni, Director Dodd, and Assistant Director of Parks and Recreation Kevin Johnson discussed the following topics: State Hotel Occupancy Tax Fund, only a few cities get this tax, and coastal cities get a higher rate; we accumulated $12 million fund balance for beach renovations; 3 year plan to spend down funds to invest in beaches; discussed shelter locations and shade structure rehabilitation; dog park installation costs: fencing, drainage, lighting, plumbing, restrooms, engineering, citizens desire to have dog parks; cost to run the city vs. quality of life; parks are the best option for hard working families to recreate for free; beginning building maintenance plans for all parks; North Beach improvements; playground replacement; fleet maintenance; lifeguard training; Bill Witt Park rehabilitation; and discussion of co-locating libraries and citizen centers. Library Director Laura Garcia presented information on the following topics: mission statement; about library services; organization; FY 2022 achievements; performance measures; FY 2023 library department proposed budget: $5.9M; FY 2023 proposed budget general fund: $5.9M; FY 2023 enhancement 1; FY 2023 enhancement 2; FY 2023 enhancement 3; FY 2023 enhancement 4; FY 2023 enhancement 5; and FY 2023 enhancement 6. Council Members and Director Garcia discussed the following topics: awarded $2.4 million in Federal funding to provide internet service to the community via wifi hotspots; discussed best practices in terms of providing wifi; increased security services; adding one position; replacing computers for 4 branches; and capital improvements. D. ADJOURNMENT Mayor Guajardo adjourned the meeting at 11:45 a.m. City of Corpus Christi Page 2 Printed on 811212022 so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting of August 9, 2022 1852 Second Reading Ordinance for the City Council Meeting of August 16, 2022 DATE: August 9, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Accepting and Appropriating the FY 2022 HIDTA Grant Award for the Corpus Christi Police Department CAPTION: Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy, in an amount of$89,480.00 for overtime for four sworn officers and lease payments on four vehicles for the FY 2022 High Intensity Drug Trafficking Area Initiative; and appropriating $89,480.00 in the Police Grants Fund. SUMMARY: This ordinance authorizes the acceptance of a grant and appropriation of funds from the Office of National Drug Control Policy to be used for overtime for four sworn officers and lease payments on four vehicles for the FY 2022 High Intensity Drug Trafficking Area Initiative. BACKGROUND AND FINDINGS: The Initiative focuses on the identification and disruption of narcotics trafficking organizations operating in Aransas, San Patricio, Refugio, Nueces, Kleberg, Kennedy, Jim Wells, Brooks, and Victoria counties. This specific geographical area serves as a conduit for narcotics into Corpus Christi and other metropolitan cities. Money launderers also conduct illegitimate business in the Corridor, creating a consumer base that affects the local population with residual crime. Other agencies participating in the program are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. With the available funding, the Corpus Christi Police Department (CCPD) anticipates that shipments of narcotics through this area will be intercepted and narcotics traffickers will be apprehended. The data gathered during this initiative will be uploaded and shared with other Drug Trafficking Initiatives across the country in an effort to further suppress criminal activity. CCPD is in its twenty sixth year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative. The Initiative was created by the Executive Office of the President, Office of National Drug Control Policy. The FY 2022 grant funds provide for overtime for four Corpus Christi Police Officers and four lease vehicles as part of the High Intensity Drug Trafficking Area Initiative. This grant award is for activities conducted during January 01, 2022 through December 31, 2023. The City is not required to match funding. The previous year's award also was in the amount of $89,480.00. ALTERNATIVES: The alternative is to not accept the grant, which would result in less punitive measures for narcotics traffickers and money launderers. In order for there not to be less punitive measures, CCPD would need to identify additional funding through the General Fund in order to make up for the loss of$89,480.00 by not accepting this grant award. FINANCIAL IMPACT: The financial impact in FY 2022 is the acceptance of grant funds in an amount of$89,480.00 and appropriating $89,480.00 to the Police Grants Fund. There is no required match funding. Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: 820527F Project: N/A Account: 510200 Overtime 530160 Rentals Amount: $89,480.00 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Award Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy, in an amount of $89,480.00 for overtime for four sworn officers and lease payments on four vehicles for the FY 2022 High Intensity Drug Trafficking Area Initiative; and appropriating $89,480.00 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $89,480 from the Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the FY 2022 High Intensity Drug Trafficking Area (HIDTA) for overtime for four Corpus Christi Police Officers and four lease vehicles. SECTION 2. That $89,480 is appropriated in the No. 1061 Police Grants Fund from the Officer of the President, Officer of National Drug Control Policy for funding the Police Department's role in the Texas Coastal Corridor Initiative in the FY 2022 HIDTA for overtime for four Corpus Christi Police Officers and four lease vehicles. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 0"4 " EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF NATIONAL DRUG CONTROL POLICY Washington,D.C.20503 May 2, 2022 Chief Mike Markle Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403-2511 Dear Chief Markle: We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas (HIDTA) Program has been approved, and a grant(Grant Number G22HN0006A) has been awarded in the amount of$89,480.00. This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the Houston HIDTA and approved by the Office of National Drug Control Policy (ONDCP). The grant agreement and conditions are enclosed. By accepting this grant, you assume the administrative and financial responsibilities outlined in the grant conditions. Failure to adhere to the grant conditions may result in the termination of the grant or the initiation of administrative action. ONDCP also may terminate the award if it no longer effectuates program goals or agency priorities. If you accept this award,please sign both the grant agreement and the conditions and return a copy via email to your respective NHAC accountant or to the following address: Finance Unit National HIDTA Assistance Center 11200 NW 20th Street, Suite 100 Miami, FL 33172 (305) 715-7600 Please keep the original copy of the grant agreement and conditions for your file. If you If you have any questions pertaining to this grant award,please contact Jayme Delano at(202) 395 - 6794. Sincerely, )4'mee Shannon Kelly National HIDTA Director Executive Office of the President Grant Agreement Office of National Drug Control Policy 1. Recipient Name and Address 4. Award Number(FAIN): G22HN0006A Mike Markle Chief 5. Period of Performance: Corpus Christi Police Department From 01/01/2022 to 12/31/2023 321 John Sartain Street Corpus Christi, TX 78403-2511 2. Total Amount of the Federal Funds Obligated: 6. Federal Award Date: 7. Action: $89,480.00 May 2, 2022 Initial 2A. Budget Approved by the Federal Awarding 8. Supplement Number Agency $89,480.00 3. CFDA Name and Number: 9. Previous Award Amount: High Intensity Drug Trafficking Areas Program - 95.001 3A. Project Description 10. Amount of Federal Funds Obligated by this Action: $89,480.00 High Intensity Drug Trafficking Areas (HIDTA) 11. Total Amount of Federal Award: Program $89,480.00 12. This Grant is non-R&D and approved subject to such conditions or limitations as are set forth on the attached pages. 13. Statutory Authority for Grant: Public Law 117-103 H.R. 2471-206 AGENCY APPROVAL RECIPIENT ACCEPTANCE 14. Typed Name and Title of Approving Official 15. Typed Name and Title of Authorized Official Shannon Kelly Mike Markle National HIDTA Director Chief Office of National Drug Control Policy Corpus Christi Police Department 16. Signature of Approving ONDCP Official 17. Signature of Authorized Recipient/Date /&"1 14 AGENCY USE ONLY 18. Accounting Classification Code 19. HIDTA AWARD UEI: XETBTPKCL895 OND107ODB2223XY OND6113 DUNS: 069457786 OND2000000000 OC 410001 EIN: 1746000574A5 Page 2 of 9 GRANT CONDITIONS A. General Terms and Conditions 1. This award is subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. § 200 (the"§ 200 Uniform Requirements"), as adopted and implemented by the Office of National Drug Control Policy (ONDCP) in 2 C.F.R. §3603. For this award, the § 200 Uniform Requirements supersede, among other things, the provisions of 28 C.F.R. §§ 66 and 70, as well as those of 2 C.F.R. §§ 215, 220, 225, and 230. For more information on the § 200 Uniform Requirements, see https://cfo.gov/cofar/. For specific, award-related questions, recipients should contact ONDCP promptly for clarification. 2. This award is subject to the following additional regulations and requirements: • 28 C.F.R. § 69 —"New Restrictions on Lobbying" • 2 C.F.R. § 25 —"Universal Identifier and System of Award Management" • Non-profit Certifications (when applicable) 3. Audits conducted pursuant to 2 C.F.R. § 200, Subpart F, "Audit Requirements" must be submitted no later than 9 months after the close of the grantee's audited fiscal year to the Federal Audit Clearinghouse at https://harvester.census.gov/facweb 4. Grantees are required to submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Division of Payment Management(HHS/DPM). The Federal Financial Report is required to be submitted quarterly and within 90 days after the grant is closed out. 5. The recipient gives the awarding agency or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the grant. 6. Recipients of HIDTA funds are not agents of ONDCP. Accordingly, the grantee, its fiscal agent(s), employees, contractors, as well as state, local, and Federal participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. 7. These general terms and conditions, as well as archives of previous versions of these general terms and conditions, are available online at www.whitehouse.gov/ondcp/. Page 3 of 10 8. Mandatory Disclosure Requirement As a non-federal entity, you must disclose, in a timely manner, in writing to ONDCP all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. Non-federal entities that have received a federal award including the terms and conditions outlined in appendix XII of this part are required to report certain civil, criminal, or administrative proceedings to the System for Award Management(SAM), currently the Federal Awardee Performance and Integrity Information System. Failure to make required disclosures can result in any of the remedies described in § 200.339. (See also 2 C.F.R. §180, 31 U.S.C. § 3321, and 41 U.S.C. § 2313.) None of the funds appropriated or otherwise made available by this grant or any other Act may be used to fund a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. This limitation shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. 9. Federal Funding Accountability and Transparency (FFATA)/Digital Accountability and Transparency Act(DATA Act). Each applicant is required to (i)be registered in SAM before submitting its application; (ii)provide a valid UEI number in its application; (iii) continue to maintain an active SAM registration with current information at all times during which it has an active federal award; and(iv)provide all relevant grantee information required for ONDCP to collect for reporting related to FFATA and DATA Act requirements. 10. Subawards are authorized under this grant award. Subawards must be monitored by the award recipient as outlined in 2 C.F.R. § 200.331. 11. Recipients must comply with the Government-wide Suspension and Debarment provision set forth at 2 C.F.R. §180, dealing with all sub-awards and contracts issued under the grant. 12. Recipients are prohibited from using federal grant funds to purchase certain telecommunication and video surveillance services or equipment in alignment with § 889 of the National Defense Authorization Act of 2019, Pub. L. No. 115-232. See 2 C.F.R. § 200.216. See also, HIDTA PPBG, § 7.20, Prohibited Uses of HIDTA Funds. Page 4 of 10 13. Grantees should provide a preference, to the extent permitted by law, to maximize use of goods, products, and materials produced in the United States. See 2 C.F.R. § 200.322. 14. When issuing statements,press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, shall clearly state (1)the percentage of the total costs of the program (2)the dollar amount of Federal funds for the project or program; and (3)the Office of National Drug Control Policy is the source of funding for the projects, programs and activities. 15. Failure to adhere to the General Terms and Conditions as well as the Program Specific Terms and Conditions may result in the termination of the grant or the initiation of administrative action. ONDCP may also terminate the award if it no longer effectuates program goals or agency priorities. See 2 C.F.R. § 200.340. Page 5 of 10 B. Recipient Integrity and Performance Matters Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then you as the recipient during that period of time must maintain the currency of information reported to SAM that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under § 872 of Public Law 110-417, as amended (41 U.S.C. § 2313). As required by § 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for federal procurement contracts, will be publicly available. See 41 U.S.C. § 417b(e)(1). 2. Proceedings About Which You Must Report Submit the information required about each proceeding that: Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; a. Contract from the federal government; b. Reached its final disposition during the most recent 5-year period; and c. Is one of the following: (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine,penalty, reimbursement, restitution, or damages of$5,000 or more; (3) An administrative proceeding, as defined in paragraph 5 of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of$5,000 or more or reimbursement, restitution, or damages in excess of$100,000; or (4) Any other criminal, civil, or administrative proceeding if: (i)It could have led to an outcome described in paragraph 2.c.(1), (2), or(3) of this award term and condition; Page 6 of 10 (ii)It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under federal procurement contracts that you were awarded. 4. Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent 5-year period, either to report new information about any proceeding(s)that you have not reported previously or affirm that there is no new information to report. Recipients that have federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For purposes of this award term and condition: a. Administrative proceeding means a non judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and state level, but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes (1) Only the federal share of the funding under any federal award with a recipient cost share or match; and Page 7 of 10 (2) The value of all expected funding increments under a federal award and options, even if not yet exercised. C. Program Specific Terms and Conditions The grant condition is as follows: 1. This award is subject to the requirements in the SUPPORT for Patients and Communities Act, 21 U.S.C. §§ 1701 et seq. and in the ONDCP National HIDTA Program Office HIDTA Program Policy and Budget Guidance(September 9, 202 1) (PPBG). The HIDTA PPBG is issued pursuant to authority granted the Director of ONDCP by the SUPPORT for Patients and Communities Act(21 U.S.C. § 1706) and the Uniform Administration Requirements (2 C.F.R. § 200)which provide the Director of ONDCP authority to coordinate funds and implement oversight and management function with respect to the HIDTA Program. The HIDTA PPBG can be accessed at the following website: haps://www.nhac.or /hitaguidance/Program_Policy_and Budget Guidance2021.12df D. Federal Award Performance Goals HIDTA award recipients must adhere to the performance measures, goals and requirements set forth in the PPBG Performance Management chapter(§ 10.0) and the HIDTA Performance Management Process (PMP) database. E. Payment Basis 1. A request for advance or reimbursement shall be made using the HHS/DPM system (https://pms.psc.gov/). 2. The grantee, must utilize the object classes specified within the initial grant application each time they submit a disbursement request to ONDCP. Requests for payment in the DPM system will not be approved unless the required disbursements have been entered using the corresponding object class designations. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be Federal Deposit Insurance Corporation (FDIC) insured. The account must be interest bearing. 3. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act(31 U.S.C. § 6501 et seq.) and the Indian Self-Determination and Education Assistance Act(25 U.S.C. § 450), awardees and sub-awardees shall promptly, but at least annually, remit interest earned on advances to HHS/DPM using the remittance instructions provided below. Page 8 of 10 Remittance Instructions–Remittances must include pertinent information of the payee and nature of payment in the memo area(often referred to as "addenda records" by Financial Institutions) as that will assist in the timely posting of interest earned on federal funds. Pertinent details include the Payee Account Number(PAN), reason for check (remittance of interest earned on advance payments), check number(if applicable), awardee name, award number, interest period covered, and contact name and number. The remittance must be submitted as follows: Through an electronic medium using either Automated Clearing House (ACH) network or a Fedwire Funds Service payment. (i) For ACH Returns: Routing Number: 051036706 Account number: 303000 Bank Name and Location: Credit Gateway—ACH Receiver St. Paul, MN (ii) For Fedwire Returns*: Routing Number: 021030004 Account number: 75010501 Bank Name and Location: Federal Reserve Bank Treas NYC/Funds Transfer Division New York, NY (* Please note organization initiating payment is likely to incur a charge from your Financial Institution for this type of payment) For recipients that do not have electronic remittance capability,please make check** payable to: "The Department of Health and Human Services." Mail Check to Treasury approved lockbox: HHS Program Support Center, P.O. Box 979132, St. Louis, MO 63197 (** Please allow 4-6 weeks for processing of a payment by check to be applied to the appropriate PMS account) Any additional information/instructions may be found on the PMS Web site at hLtp://pms.psc.•y/. 4. The grantee or subgrantee may keep interest amounts up to $500 per year for administrative purposes. Page 9 of 10 RECIPIENT ACCEPTANCE OF GRANT CONDITIONS Date: Mike Markle Corpus Christi Police Department Page 10 of 10 Initiative Cash by HIDTA FY 2022 Awarded Budget(as approved by ONDCP) HIDTA Agency Name Initiative Houston Corpus Christi Police Department Texas Coastal Corridor 89,480.00 Investigation G22HN0006A Initiative JCCI) Agency Total:Corpus Christi Police Department 89,480.00 Total 89,480.00 4/26/2022 11:12:38 AM Budget Detail 2022 - Houston Initiative Texas Coastal Corridor Initiative (TCCI) Investigation Award Recipient - Corpus Christi Police Department (G22HN0006A) Resource Recipient - Corpus Christi Police Department Indirect Cost;ao yo Awarded Budget(as approved by ONDCP) $89,480,00 Overtime Quantity Amount Investigative - Law Enforcement Officer 4 $44,000.00 Total Overtime $44,000.00 Quantity Equipment rentals $1,800.00 Vehicle allowance 4 $43,680.00 Total Services $45,480.00 Total Budget $89,480.00 Page 1 of 1 4/26/2022 11:12:38 AM O 1201 Leopard Street City of Corpus Christi 1 Corpus Christi,TX 78401 w cctexas.com Final Agenda for the Joint Meeting of the City Council and the Planning Commission Tuesday,August 9,2022 3:00 PM Council Chambers THIS IS A JOINT MEETING OF THE CITY COUNCIL AND THE PLANNING COMMISSION Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call n the joint meeting of the City Council and the Planning Commission to order. B. City Secretary Rebecca L. Huerta to call the roll of the City Council and the Planning Commission. C. PUBLIC HEARING: The following item is a public hearing with a first reading ordinance. Public Comment here will be subject to the rules of the City Council meeting. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departmentslcity-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Information Technology(IT) Department at least 24 hours prior to the Meeting. Please contact IT at 826-3211 to coordinate. This is a public hearing for all items on this agenda. 1. 22-0889 City Council will conduct a joint meeting with the Planning Commission at City of Corpus Christi Page 1 Printed on 8/4/2022 Planning Commission Meeting Agenda-Final August 9,2022 approximately 3:00 PM, to hold a Public Hearing and consider an Ordinance amending the Unified Development Code (UDC) and corresponding UDC Zoning Map to adopt Military Compatibility Area Overlay Districts for the areas of and surrounding Truax Field at Naval Air Station - Corpus Christi, Naval Auxiliary Landing Field Cabaniss, and Naval Auxiliary Landing Field Waldron to make land use compatible with Naval Air Station - Corpus Christi's military mission to include regulation of land use, density, intensity, noise, light, and vertical obstructions, and providing for penalty. sponsors: City Secretary's Office and Development Services 2. Planning Commission recommendation on proposed ordinance 3. City Council Action on proposed ordinance D. ADJOURNMENT City of Corpus Christi Paye 2 Printed on 8/4/2022 so �o o� A P, I AGENDA MEMORANDUM v Public Hearing/First Reading Ordinance for the Joint City Council and µCORPOR I Planning Commission Meeting: 8/9/22 1852 Second Reading Ordinance for the City Council Meeting: 8/16/22 DATE: April 26, 2022 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Amending the Unified Development Code (UDC) and corresponding UDC Zoning Map to adopt the Military Compatibility Area Overlay District CAPTION: City Council will conduct a joint meeting with the Planning Commission to hold a Public Hearing and consider an Ordinance amending the Unified Development Code (UDC) and corresponding UDC Zoning Map to adopt Military Compatibility Area Overlay Districts for the areas of and surrounding Truax Field at Naval Air Station — Corpus Christi, Naval Auxiliary Landing Field Cabaniss, and Naval Auxiliary Landing Field Waldron to make land use compatible with Naval Air Station - Corpus Christi's military mission to include regulation of land use, density, intensity, noise, light, and vertical obstructions; and providing for penalty. SUMMARY: The Military Compatibility Area Overlay Districts (MCAOD) are designed to protect the health, safety, and welfare of civilians and military personnel by encouraging land use that is compatible with aircraft operations, to reduce noise impacts caused by aircraft operations, while meeting operational, training, and flight safety requirements, both on and in the vicinity of installations, to inform the public and seek cooperative efforts to minimize noise and aircraft accident potential impacts by promoting compatible development, and to protect installation investments by safeguarding the installation's operational capabilities. This ordinance will adopt the MCAOD and amend the zoning map. BACKGROUND: The United States Department of Defense (DOD) initiated the Air Installations Compatible Use Zones (AICUZ) Program in 1973 to assist governments and communities in identifying and planning for compatible land use and development near military installations. The goal of the AICUZ Program is to protect the health, safety, and welfare of the public while also protection the operational capabilities of the military. Today, the AICUZ Program is a vital tool the Navy uses to communicate with neighboring communities, government entities, and individuals regarding compatible land uses and development concerns. Mutual cooperation between installations and their neighboring communities is key to the AICUZ Program's success. The AICUZ Program recommends that noise contours, accident potential zones (APZs), height obstruction criteria, and land use recommendations be incorporated into local community planning policies and activities to minimize impacts to the military mission and the residents in the surrounding communities. As the communities that surround an airfield grow and develop, the U.S. Department of the Navy (Navy) has the responsibility to communicate and collaborate with local governments on land use planning and mission impacts. As stakeholders in the community, installations provide the local community with an understanding of the military mission and operations in order to ensure the community's health, safety, and welfare. Installations also protect the mission of the Navy. The 2020 AICUZ was prepared for Naval Air Station-Corpus Christi (NASCC), in accordance with federal regulations, guidelines, and Office of the Chief of Naval Operations Instruction (OPNAVINST) (referred to as AICUZ Instruction) and is an update to the 2009 AICUZ Study. The scope of this AICUZ Study includes Naval Outlying Landing Field (NOLF) Cabaniss and NOLF Waldron, which both support operations from NASCC. Since the 2009 AICUZ Study, there have been changes that necessitate an AICUZ update. These include changes to number of aircraft, types of aircraft, and operations, as well as changes in local land uses. Pursuant to Navy AICUZ Instruction, this 2020 AICUZ Study evaluates noise contours and accident potential zones (APZs) from the 2009 AICUZ Study, as well as the planning noise contours and APZs as a part of this 2020 AICUZ effort. Noise contours and APZs, together, are commonly called the "AICUZ footprint." The 2020 AICUZ footprint is based on total operations projected out to year 2030. Utilizing the 2020 noise contours and APZs, this AICUZ Study identifies areas of incompatible land use, and recommends actions to encourage compatible land use. Additionally, in 2013 the City adopted the Joint Land Use Study (JLUS) done in partnership with the United States Navy involving the declaration of various zones including the Safety Subzones of Naval Air Station-Corpus Christi, Naval Outlying Landing Field (NOLF) Cabaniss, and NOLF Waldron and the Corpus Christi International Airport (CCIA). In 2011, with the adoption of the Unified Development Code (UDC), Section 6.5 Air Installations Compatible Use Zones (AICUZ) was created. This section of the UDC is currently used as a guideline during the rezoning process of what land uses are compatible with the Accident Potential Zones (APZs) of the AICUZ. ANALYSIS AND FINDINGS: Per §3.2.3 of the UDC, in determining whether to approve, approve with modifications, or deny a proposed Unified Development Code text amendment, the applicable review bodies shall consider the following criteria: 1. The amendment promotes the purpose of this Unified Development Code as established in Section 1.2. The UDC was established to reflect the City's Comprehensive Plan and its goal to improve and protect public health, safety, and welfare. 2. The amendment is consistent with the Comprehensive Plan. 3. The amendments are consistent with other codes and ordinances adopted by the City and are otherwise internally consistent with other provisions of this Unified Development Code, or that any provisions with which the amendments are or may be inconsistent also are proposed to be modified. The effects of all such modifications shall meet the above criteria, promote the public health, safety, and welfare, and be consistent with any applicable federal and state requirements. 4. The fiscal impact on the City and the effect on taxpayers and ratepayers of the proposed amendment. The proposed text amendments do not conflict with existing language in the UDC nor the Municipal Code. ALTERNATIVES: 1. Denial of the amendment the Unified Development Code (UDC) and/or the corresponding UDC Zoning Map amendment to adopt Military Compatibility Area Overlay Districts. FISCAL IMPACT: There are no fiscal impacts associated with this item. RECOMMENDATION: Staff recommends approval of the UDC text amendment and zoning map amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Maps Presentation Ordinance amending the Unified Development Code (UDC) and corresponding UDC Zoning Map to adopt Military Compatibility Area Overlay Districts for the areas of and surrounding Truax Field at Naval Air Station — Corpus Christi, Naval Auxiliary Landing Field Cabaniss, and Naval Auxiliary Landing Field Waldron to make land use compatible with Naval Air Station - Corpus Christi's military mission to include regulation of land use, density, intensity, noise, light, and vertical obstructions; and providing for penalty. WHEREAS, during a joint meeting of the Planning Commission and City Council, a public hearing was held and with proper notice to the public, all interested persons were allowed to appear and be heard; WHEREAS, pursuant to a joint meeting of the City Council and the Planning Commission, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, in 2009 the United States Navy concluded a study involving the Air Installation Compatibility Use Zones (AICUZ) of Naval Air Station — Corpus Christi and in 2020 United States Navy concluded a study involving the Air Installation Compatibility Use Zones (AICUZ) of Cabaniss and Waldron Naval Outlying Landing fields (NOLF); WHEREAS, in 2013 the City adopted the Joint Land Use Study(JLUS) done in partnership with the United States Navy involving the declaration of various zones including the Safety Subzones of Naval Air Station — Corpus Christi, Cabaniss Naval Outlying Landing Field (NOLF), and Waldron Naval Outlying Landing Field (NOLF); WHEREAS, the creation of the Military Compatibility Area Overlay Districts are designed to protect the health, safety, and welfare of civilians and military personnel by encouraging land use that is compatible with aircraft operations, to reduce noise impacts caused by aircraft operations, while meeting operational, training, and flight safety requirements, both on and in the vicinity of installations, to inform the public and seek cooperative efforts to minimize noise and aircraft accident potential impacts by promoting compatible development, and to protect installation investments by safeguarding the installation's operational capabilities; WHEREAS, these regulations are adopted pursuant to the authority conferred by Texas Local Government Code Chapters 211, 212, and 214 and the City's Home-rule authority; WHEREAS, amendments are to promote public safety, enhance quality of life through visual relief and facilitate development and redevelopment; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, convenience, and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The recitals contained in the preamble of this Ordinance are determined to true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. The Unified Development Code, Article 6 "Special Zoning Districts", Section 6.5 "Air Installation Compatibility Use Zones (AICUZ)" is repealed and replaced by adding the following language as delineated below: https://corpuschristi-my.sharepoint.com/personal/josephb_cctexas_com/Documents/Desktop/DS-AICUZ Ordinance 2022/Ordinance-MCAOD 7.29.22.docx 6.5 Military Compatibility Area Overlay Districts 6.5.1 Purpose The City of Corpus Christi has designated the Military Compatibility Area Overlay Districts to promote the public health, safety, peace, comfort, convenience, and general welfare of the inhabitants of properties surrounding areas of military operations and to prevent the impairment of airfields and the public investment therein. The areas below departure and approach paths are exposed to measurable risk of aircraft accidents and influence of increased noise. It is, therefore, necessary to limit the density of development and intensity of uses in such areas. 6.5.2 Definitions and Boundaries A. Clear Zone (CZ): The Clear Zone is a zone within the Safety Subzone of the Military Compatibility Area Overlay District consisting of the area immediately beyond the usual runway threshold is designated the "clear zone". This area, which is adjacent to the runway, possesses a higher potential for accidents than other areas further away from the runway. B. Accident Potential Zone 1 (APZ-1): Accidental Potential Zone 1 is a zone within the Safety Subzone of the Military Compatibility Area Overlay District consisting of area beyond the clear zone which still possesses a measurable potential for accidents relative to the clear zone. C. Accident Potential Zone 2 (APZ-2): Accident Potential Zone 2 is a zone within the Safety Subzone of the Military Compatibility Area Overlay District consisting of an area beyond the Accidental Potential Zone-1 which has a measurable potential for aircraft accidents relative to Accidental Potential Zone-1 or the clear zone. D. Safety Subzone: Safety Subzone is a subzone within the within the Military Compatibility Area Overlay District consisting of the Clear Zone, Accident Potential Zone 1, and Accident Potential Zone 2. Safety Subzone regulates compatible land use types and densities / intensities within the CZ and APZs 1 and 2. E. Noise Subzone: Noise Subzone is a subzone within the Military Compatibility Area Overlay District consisting of the area located off-installation that fall within the noise contours greater than 65 weighted decibel (dB) day-night average sound level (DNL) noise levels associated with aircraft activities. Noise subzone provides sound attenuation measures to reduce interior noise impacts to achieve a maximum interior noise level of 45 DNL. F. Vertical Obstruction Subzone: Vertical Obstruction Subzone is a subzone within the Military Compatibility Area Overlay District consisting of a 3-D geographic area comprised of imaginary surfaces. Vertical Obstruction Subzone regulates the height of all structures and buildings within the imaginary surfaces. G. Light Subzone: Light Subzone is a subzone within the Military Compatibility Area Overlay District consisting of areas that may generate ambient light and the direction of light that have the potential to affect night training missions, operations, and controller vision. H. Military Compatibility Area Overlay District (MCAOD): Military Compatibility Area Overlay District is a zoning district consisting of the Safety Subzone including the Clear Zone, Accident Potential Zone 1, Accident Potential Zone 2, Noise Subzone, Light Subzone, and Vertical Obstruction Subzone. The specific boundaries of the Military Page 2 Compatibility Area Overlay Districts and its underlying subzones are shown on the official zoning map maintained by the City of Corpus Christi. 6.5.3 Zoning Classification, Designation, and Permitted Uses A. Overlay Districts: The Military Compatibility Overlay Districts are designed as overlays to the regular zoning districts. Properties located within these districts must also be designated as being within one of the established zoning districts. Authorized uses must be permitted in both the base zoning district and the overlay district and must comply with height, yard, area, and parking requirements of the base zoning district. B. Zoning Designation: The base zoning designation of property located within a Military Compatibility Area Overlay District shall consist of the base zoning designation and the overlay district zone designation as a suffix. For example, if a parcel is zoned "CG-2" General Commercial District and is also located within Accident Potential Zone 2 (APZ- 2), the zoning designation of the property would be "CG-2/APZ-2." In effect, the designation of property as being within a military compatibility overlay places such properties in a new zoning district classification and all procedures and requirements for zoning/rezoning must be followed. C. Permitted Uses: The following uses are permitted within the Military Compatibility Overlay Districts, subject to the limitations indicated in the Military Compatibility Overlay Districts permitted use table (Table 6.5.3. below). MOVE=121M Land Use and Density SLUCM Land Use Name Clear Zone APZ-1 APZ-2 Maximum NO. Density 10 Residential 11 Household Units: Single Units; Maximum density 11.11 Detached N N Y of 2 Du/Acre 11.12 Single Units; N N N Semi-detached 11.13 Single Units; N N N Attached Row 11.21 Two Units; Side- N N N by-Side 11.22 Two Units; One N N N above the other 11.31 Apartments; Walk N N N up 11.32 Apartments; N N N Elevator 12 Group Quarters N N N 13 Residential Hotels N N N 14 Mobile home parks N N N or courts 15 Transient lodgings N N N 16 Other Residential N N N Page 3 20 Manufacturing Food & Kindred Maximum FAR 21 products; N N Y 0.56 Manufacturing Textile mill 22 products; N N Y Same as above Manufacturing Apparel and other finished products made from fabrics, 23 leather, and similar N N N materials; manufacturing Lumber and wood Max FAR of 0.28 24 products (except N Y Y in APZ 1 & furniture); 0.56 in APZ 2 manufacturing Furniture and 25 Fixtures; N Y Y Same as above Manufacturing Paper & allied 26 products; N Y Y Same as above Manufacturing Printing, 27 Publishing, and N Y Y Same as above allied industries Chemicals and 28 allied products; N N N Manufacturing Petroleum refining 29 and related N N N industries Rubber and Misc. 31 Plastic products; N N N Manufacturing Stone, Clay, and 32 Glass Products; N N Y Max FAR 0.56 Manufacturing 33 Primary Metal N N Y Same as above Industries Fabricated Metal 34 Products; N N Y Same as above Manufacturing Page 4 Professional, scientific, and controlling instruments; 35 photographic and N N N optical goods; watches and clocks; Manufacturing Miscellaneous Maximum FAR of 39 Manufacturing N Y Y 0.28 in APZ 1 & 0.56 in APZ 2 40 Transportation, Communication, and Utilities Railroad, rapid rail Maximum FAR of 41 transit, N Y' Y 0.28 in APZ 1 & and street railway transportation 0.56 in APZ 2 42 Motor Vehicle N Y' Y Same as above Transportation 43 Aircraft N Y' Y Same as above Transportation 44 Marine Craft N Y' Y Same as above Transportation Highway 45 & street right-of- N Y' Y Same as above way 46 Automobile N Y' Y Same as above parking 47 Communication N Y' Y Same as above 48 Utilities N Y' Y Same as above Solid waste 48.5 disposal (landfills, N N N incineration, etc.) Other 49 transportation, N Y' Y communication, and utilities 50 Trade Maximum FAR of 51 Wholesale Trade N Y Y 0.28 in APZ 1 & 0.56 in APZ 2 Retail trade- Maximum FAR of 52 building materials, N Y Y 0.14 in APZ 1 & hardware, and farm equipment 0.28 in APZ 2 53 Retail trade- N N Y Maximum FAR of shopping centers 0.22 54 Retail trade-food N N Y Maximum FAR of 0.24 Page 5 Retail trade- automotive, Maximum FAR of 55 marine craft, N Y Y 0.14 in APZ 1 & aircraft, and 0.28 in APZ 2 accessories Retail trade- 57 furniture, home N N Y Same as above furnishings, and equipment Retail trade-eating 58 and drinking N N N8 establishments 59 Other retail trade N N Y Maximum FAR of 0.22 60 Services Finance, Maximum FAR of 61 insurance, and N N Y 0.22 for real estate Office/Business services Park Office uses only. 62 Personal Services N N Y Maximum FAR of 0.22 in APZ 2 62.4 Cemeteries N Y Y Business services (credit reporting, Maximum FAR of 63 mail, stenographic N N Y 0.22 in APZ 2 reproduction, advertising) Warehousing and Maximum FAR of 63.7 storage services N Y Y 1.0 in APZ 1 & 2.0 in APZ 2 Maximum FAR 64 Repair Services N Y Y of 0.11 in APZ 1 & 0.22 in APZ 2 65 Professional N N Y Max FAR of 0.22 services 65.1 Hospitals, Nursing N N N homes 65.1 Other medical N N N facilities Contract Maximum FAR of 66 construction N Y Y 0.11 in APZ 1 & services 0.22 in APZ 2 67 Governmental N N Y Max FAR of 0.24 services 68 Educational N N N services Page 6 69 Miscellaneous N N Y Max FAR of 0.22 services 70 Cultural, entertainment, and recreational Cultural activities 71 (including N N N churches) 71.2 Nature exhibits N Y2 Y2 72 Public Assembly N N N 721 Auditoriums, N N N concert halls Outdoor music 72.11 shells, N N N amphitheaters Outdoor sports 72.2 arenas, spectator N N N sports 73 Amusements N N Y Recreational activities Maximum FAR of 74 (including golf N Y2 Y2 0.11 in APZ 1 & courses, riding 0.22 in APZ 2 stables, water recreation) 75 Resorts and group N N N camps Maximum FAR of 76 Parks N Y2 Y2 0.11 in APZ 1 & 0.22 in APZ 2 Other cultural, Maximum FAR of 79 entertainment and N Y Y 0.11 in APZ 1 & recreation 0.22 in APZ 2 80 Resource production and extraction 81 Agriculture (except Y3 Y4 Y4 livestock) 81.5, Livestock farming N Y4 Y4 81.7 and breeding Maximum FAR of 0.28 in APZ 1; Agricultural-related 4 4 0.56 in APZ 2 82 activities N Y Y no activity which produces smoke, glare, or involves explosives 83 Forestry activities N5 Y Y Same as above 84 Fishing activities N6 Y Y Same as above Page 7 Mining activities 85 and related N Y Y Same as above services Other resource 89 production and N Y Y Same as above extraction 90 Other 91 Undeveloped Land Y Y Y 93 Water Areas N7 N7 N7 Abbreviations SLUCM — Standard Land Use Coding Manual, U.S. Department of Transportation Y (Yes) — Land use and related structured are allowed. N (No) — Land use and related structures are prohibited. YX (Yes w/ restrictions) — Land use and related structures are allowed with restrictions. NX (No with exceptions) — Land use and related structures are prohibited with exceptions. FAR (Floor Area Ratio) —A floor area ratio is the ratio between the square feet of floor area of the building and the site area. Du/Ac— Dwelling units per acre. Restrictions 1. Passenger terminals and major above-ground transmission lines in APZ-1 are prohibited. 2. Tot lots, clubhouses, meeting places, auditoriums, and large classes are prohibited. 3. Structures (except airfield lighting), buildings or aboveground utility/communications lines are prohibited in clear zone. 4. Feedlots, intensive animal husbandry, and activities that attract concentrations of birds creating a hazard to aircraft operations are prohibited. Exceptions 5. Forestry activities does not include lumber and timber products removed due to establishment, expansion, or maintenance of clear zones. 6. Fishing activities do not include controlled hunting and fishing for the purpose of wildlife management. 7. Water Areas does not include naturally occurring water features (e.g., rivers, lakes, streams, wetlands). 8. Drive-thru only restaurants with no dining facilities or areas for food or drink consumption are allowed in APZ-2. D. Prohibited Uses. 1. Residential uses are prohibited, except as provided for in exceptions for residential uses in this section. 2. All other uses not permitted under subsection (C) of this section. Page 8 E. Limited Exceptions for Residential Uses. 1. Existing Residences. Notwithstanding any other provisions of the Unified Development Code, residential uses located within a Military Compatibility Area Overlay District which were lawfully in compliance with the provisions of this chapter on the effective date of this chapter may be repaired and enlarged provided (1) the number of dwelling units is not increased and (2) all other applicable requirements of the Military Compatibility Area Overlay District are met. 2. Vacant Lots. Vacant platted lots which are zoned for residential uses may be used for single-family residences providing they conform to all other applicable requirements the Military Compatibility Overlay District. Such lots may not be subdivided into lots that exceed a density of one (1) single-family residence per acre. 3. Unplatted Property. Unplatted properties zoned for residential may be platted and used for single residences, providing they conform to all other applicable requirements of the Military Compatibility Overlay District. Such lots may not exceed a density of one (1) single-family residence per acre. 4. Property Rendered Undevelopable by Application of Overlay District in Combination with Base Zoning. If any tract of property is rendered to be undevelopable by the application of a Military Compatibility Overlay District in combination with the base zoning of said tract of property, then such tract may be used as a single-family residence but said tract may not be further subdivided to create residential tracts with a density of more than one single-family residence per acre. F. Light Subzone. All land within a Light Subzone is subject to the following regulations: 1. All lighting fixtures shall be fully shielded to prevent light output emitted above ninety (90) degrees at any lateral angle around the fixture except incandescent fixtures of 150 watts or less and other sources of 70 watts or less. G. Noise Subzone. All land within a Noise Subzone is subject to the following regulations: 1. Noise insulation standards. New residential buildings shall be constructed with sound insulation or other means to achieve a DNL of 45 dBA or less inside the building. If the cost of modifications to an existing residential building is 75 percent or more of the total assessed improvement value of the site, the building shall also meet this standard. Garages and similar accessory buildings that do not include living space are exempt from this requirement. A building that is only partly located within a Noise Subzone is also subject to these regulations. H. Vertical Obstruction Subzone. All land within a Vertical Obstruction Subzone is subject to the following regulations: 1. Imaginary Surfaces for NOLF Waldron. The following imaginary surfaces are established for NOLF Waldron: a. Primary surface. A surface located on the ground or water longitudinally centered on each runway with the same length as the runway. The width of the primary surface for runways is 1,000 feet. b. Clear zone surface. A surface located on the ground or water at each end of the primary surface, with a length of 3,000 feet and the same width as the primary surface. Page 9 c. Approach-departure clearance surface (slope). An inclined plane extending at a 20:1 angle (i.e., 1 vertical foot for every 20 horizontal feet), from the end of the primary surface to an elevation of 400 feet above the airfield. d. Approach-departure clearance surface (Horizontal). A horizontal surface extending from the 400-foot elevation of the glide angle for 50,000 feet from the point of origin. e. Inner horizontal surface. A plane that is oval in shape at a height of 150 feet above the established airfield elevation. The plane is constructed by scribing an arc with a radius of 3,200 feet about the centerline at the end of each runway and interconnecting these arcs with tangents. f. Conical surface. A surface extending from the periphery of the inner horizontal surface outward and upward at a slope of 20 to 1 for a horizontal distance of 5,000 feet to a height of 400 feet above the established airfield elevation. g. Outer horizontal surface. A plane, located 500 feet above the established airfield elevation, extending outward from the outer periphery of the conical surface for a horizontal distance of 30,000 feet. h. Transitional surfaces. These surfaces connect the primary surfaces, the first 200 feet of the clear zone surfaces, and the approach clearance surfaces to the inner horizontal surface, conical surface, outer horizontal surface or other transitional surfaces. The slope of the transitional surface is 2 to 1 outward and upward at right angles to the runway centerline. 2. Imaginary Surfaces for NOLF Cabaniss. The following imaginary surfaces are established for NOLF Cabaniss: a. Primary surface. A 1,000-foot-wide plane centered over the runway and extending 200 feet beyond the end of the runway. b. Clear zone surface. A surface located on the ground or water at each end of the primary surface, with a length of 3,000 feet and the same width as the primary surface. c. Approach-departure clearance surface (slope). An inclined plane extending at a 40:1 angle (i.e., 1 vertical foot for every 40 horizontal feet), from the end of the primary surface to an elevation of 500 feet above the airfield. d. Approach-departure clearance surface (Horizontal). A horizontal surface extending from the 500-foot elevation of the glide angle for a distance of 50,000 feet from the point of origin. e. Inner horizontal surface. A plane that is oval in shape at a height of 150 feet above the established airfield elevation. The plane is constructed by scribing an arc with a radius of 7,500 feet about the centerline at the end of each runway and interconnecting these arcs with tangents. f. Conical surface. A surface extending from the periphery of the inner horizontal surface outward and upward at a slope of 20 to 1 for a horizontal distance of 7,000 feet to a height of 500 feet above the established airfield elevation. g. Outer horizontal surface. A plane, located 500 feet above the established airfield elevation, extending outward from the outer periphery of the conical surface for a horizontal distance of 30,000 feet. h. Transitional surfaces. These surfaces connect the primary surfaces, the first 200 feet of the clear zone surfaces, and the approach clearance surfaces to the inner horizontal surface, conical surface, outer horizontal surface or other transitional surfaces. The slope of the transitional surface is 7 to 1 outward and upward at right angles to the runway centerline. Page 10 3. Imaginary Surfaces for Truax Field at NAS CC. The following imaginary surfaces are established for Truax Field at Naval Air Station - Corpus Christi: a. Primary surface. A 1,500-foot-wide plane centered over the runway and extending 200 feet beyond the end of the runway. b. Clear zone surface. A trapezoidal area 3,000 feet beyond the end of the runway, measuring 1,500 feet wide at the runway and 2,284 feet wide at its outer edge. c. Approach-departure clearance surface (Slope). An inclined plane extending at a 50:1 angle (i.e., 1 vertical foot for every 50 horizontal feet), from the end of the primary surface to an elevation of 500 feet above the airfield. d. Approach-departure clearance surface (Horizontal). A horizontal surface extending from the 500-foot elevation of the glide angle for a distance of 50,000 feet from the point of origin. e. Inter horizontal Surface. An oval-shaped plane 150 feet above the runway, extending in a 7,500-foot radius from the centerline of the end of each runway. f. Conical surface. A conical surface extending 7,000 feet from the periphery of the inner horizontal surface at a 20:1 slope (i.e., 1 vertical foot for every 20 horizontal feet) to an elevation of 500 feet above the airfield. g. Outer horizontal surface. An oval-shaped plane 500 feet above the runway, extending 30,000 feet beyond the periphery of the conical surface. h. Transitional surfaces. An inclined plane that connects the primary surface and the approach-departure clearance surface to the inner horizontal surface, conical surface, and outer horizontal surface. 4. Structures in Imaginary Surfaces prohibited. No structure shall be erected, altered, or maintained, and no tree shall be allowed to grow, in any imaginary surface within a vertical obstruction subzone to a height in excess of the applicable height limit established in this section for such imaginary surface. Such applicable height limitations are hereby established for each of the imaginary surface in question. An area located in more than one of the imaginary surfaces is considered to be only in the imaginary surface with the more restrictive height limitation. 5. Visual Impairment prohibited. No use shall be made of land within a Vertical Obstruction Subzone in such a manner that releases into the air within an imaginary surface any substance which would impair visibility or otherwise interfere with the operation of aircraft; e.g., steam, dust, smoke, etc. I. Plat Notice. A notice shall be placed on all final plats for properties located within Accident Potential Zone 1 and 2 that the property, either partially or wholly, lies within an Accident Potential Zone and is subject to noise and/or aircraft accident potential which may be objectionable. J. Supplemental Information. Whenever any application for a change in zoning in a Military Compatibility Area Overlay District is filed, the director of development services should make formal request to the United States Navy at least thirty(30) days prior to the planning commission hearing for any relevant statistics, operational activities information, technical data, or other studies with bearing on the request. 6.5.4 Military Compatibility Area Overlay District Maps Page 11 s1 1 PoNp9 JR4 o "N TR/ h4 ;' p9pR ooR pgTR co O,yso �y pNRONF "' Ro �F, �I' , POUPP 9g26eFgNOR goPPro 0 o�FNo S oR City,Limits aP o a" 3e m oJP �jIIP 'YOR 5 RToq, N� Y Sources Esn,HERE,G-11 USGS,Imt—p,INCREMENT Pan ,NRCan,Esri Jap ,M ETI,E-Chlna(Hong Kong),Esn Light Subzone b...-y was--d ft—NAS CC Joint L-d Use SW dy(2013) - Vertical Obstruction Subzone 6.5.4.A.1. Military Compatibility Area Overlay District - Light Subzone - Safety Subzone NOLF Waldron Noise Subzone 0 0.5 1 2 MII2S Scale:1:26,000 - MCA Overlay N _ g' y o Aaw ti d8e� J4' �pN ' p J� ApR qp 3 a� o°ucnaa eNpgk pR OJT s' opf Rp ,. W�4a O Di,V v v a o` r�Fc cD S S y Q RA i Ori MSF<p CgRe q'o<,a D. �� Rp eFgNp gee c �a'to,,,o 8 Mar u° Dm pt0,o° • I �� �.. � a ag' ® `a f H � i a4 ll�( 'i, krphN Ov so�2es:esn.Helie. Japan,METI ceuses mie�eP,iN g),EV gr P,NRGa n,Esn TI,Esn GM1ina(Hong Kong),Eso NII S-ne boundaries were rierivetl fmm NNSCC Joint Land Use Study(2013) f 0 (CZ)-Clear Zone 6.5.4.A.2. Safety Subzone (APz-t)-Accident Poten iai Zone NOLF Waldron 0 0.25 0.5 1 Miles " (APz-2)-Accident Potential zone 2 �� � �T� � �� Scale:1:20,000 or �o f cqR@@FqN f� @R V � 0 orQ• RAM f o so os s a J \ ro n R .,yam Sources Esn,HERE,G-11 USGS,n NCREMENT P,NRC--Japan,METI,E-,Ch,-(Hnog jIg�,Ell, Light Sub zone b...tlay tle—dit—NASCCJoint L-d Use SWtly(2013) " - 6.5.4.A.3 Light Subzone W � � Light Subzone NOLF Waldron 0 0.25 0.5 1 Miles Scale:1:20,000 N � Q � po4po e ao \II .QO CgQeeegNO Q rQ ggg q X02 O � O QO � G<FNGq ?q k OR �OS M F<O Mol E�9 Q N•zlJ�onl.-I ZO O \J � Q` \ J Y GRk>G�N 3o urces sri,HERE,Ga— "SG pp. R F,SJ�Luan,Esri Japan,MET sri GM1ina(H n o g Eis� Lght Guhzone bouMary wasde--NN­j."'.' CCJointLand U�Study(2013) 6.5.5.A.4. Noise Subzone Noise%Wne 0 0.25 0.5 1 Miles NOLF Waldron i i i iT I Scale: 1:15,000 6.5.4.A.5. Vertical Obstruction Subzone 6.5.4 A.5.a Isometric Airspace NOLF Waldron \NN�� vEi`rPL� NS�C�FQL� >> PQQQ,O S X000, PRIMARY ` SURFACE ISOMETRIC AIRSPACE/IMAGINARY SURFACES NOT TO SCALE 1009240.4132.05 P,� 1 - i Q —^ Bay ♦ ♦♦ � e, rAu s to 119♦♦ a ♦ u�F ISIunA I V ♦ "9 �♦ I I r� a I I 5 s B FMa i11 r�r ° d I I BP yY♦ d 1 ° :�A P r d� a P d P d A Tame Tre,—R T-,- nnln. ,P Tri 8 a d e e d / e r I a Air(ela Imaginary Suit— Approach Departure Clearance Surface(Horizontal) Inner Horizomal Surtace P ar d Approach Departure Clearance Surface(Slope) Outer Horizontal Surtace -Clear Zone Primary Surtace ° ` I I Conical Surface Transitional surface / Sources.Esn,HERE,Gartnin,USG$,Interrnap,INCREMENT/` P,NRGa n,Esn Japan,METI,—,Chr (4-g Kong),EM 6.5.4.A.5.Vertical Obstruction Subzone ^� Vertical Obstruction Subzone 6.5.4.A.5.b Imaginary Surface 0 2.5 5 10 Miles NOLF Waldron @, /, rI ITI I� ___ Scale: 1:130,000 •,��♦- T -//� •♦ z'4�p NIw xx�' - lti:, '.Z 5 a/ac L� F a "1� X` '�.�"' s!<ii ��. 1 i°r�I,��I:�Y,"aaa q���� s � ar♦/� 'r Ian y �+ � ♦ xq/ h � Lb ♦ 3k ♦ Yi J FAR �� PkI , ,�Q � � ♦Ii a Nr , f 44 OEM MINI-, 7� ARWIN � ����I.► ,// �, <�a//�y,,x ex...-s. »� :e s v•'�''Q�i1"I�i_�Up��/i��/�,��h/ ��I��:.�.. C;4►� %�� '�Ii Gr1ii /i rte\ ♦ ., "' �\ M , may: .m; �,,, !`i�l�I� Iii rc�/�n��. `ti 11 ar k''�`• "� -M , ca ♦�I' i �, y Iy[� a ��^` • l Y' M ,/�,, iM f SSM oPeus eqR •• • •_ • a Me• - � j ey a, S W a V , S 91 o % FM 43 - City,Limits---- S.--r-,HERE,­­,USES,In p Je P,NRC-E-J-,METI,Es,Ch— Es, III m N­�Jo.'.I'I Od Nse SH-1b1 (CZ)-Clear Zone 6.5.5.6.2.Safety Subzone (APZ-1)-Accident Potential Zone 1 NOLF Cabaniss 0 0.25 0.5 1 Miles (APZ-2)-Accident Potential Zone 2 Scale:1:20,000 4 gORF. 1 gR�Gf_RO ti c^ RO r° OGGYR 0 ghod0 � 'I gR9TOG �� A@G cin ua. p� City Limits ` FM 43 of �S S Esn,HERE,G-1,1 US.S,I'R'—p,INCRE P,NRC-Esri Jap n,METI,EsrICM1 na(Hong KongJ,E ubzart@Aopfida� as tleiy ft—NAS-W Ja—[ dU,e�H,y(2g " - 6.5.4.6.3 Light Subzone Ligh[Submne NOLF Cabaniss � 0 0.25 0.5 1 Miles Scale: 1:20,000 6.5.4.B.4 Vertical Obstruction Subzone 6.5.4.B.4.a - Isometric Airspace NOLF Cabaniss G � p H F ' C E H C H E / A H F G LEGEND ISOMETRIC NOT TO SCALE A Primary Surface B Clear Zone Surface C Approach-Departure Clearance Surface(40:1 Slope Ratio) D Approach-Departure Clearance Surface(500'Horizontal Elevation) E Inner Horizontal Surface(150'Elevation) F Conical Surface(20:1 Slope Ratio) G Outer Horizontal Surface(500'Elevation) H Transitional Surface(7:1 Slope Ratio) 1009240,4132.05 Source: UFC 2-200-05N, Figure II-1,Appendix E w N r e• �♦ malesiae rr __.. _JcZ9 n ra , ! - �'�I`:♦! -J y+•j d'_� 1 o Ne Bay J '- . � cef„tl, Christi Rol, 44 ow orpu Ch,ru, Bay rN faie � FM]e R6 - �N LL 1`I PNronfla ,,'� ¢ l� S a� Airfield Imaginary Surtare ' Approach Departure Clearance Surface(Horizontal) Inner HI...W1 Surtace � I Approach Departure Clearance Surface(Slope) Outer H.H—fel Surface J -Clear Zone Primary Surtace JJ Pat�6 J Conical Surface -Transitional surface I sl an 6 J ou es Esn,HERE,Gannin,USES,Intenna P,INCREMENT J P,NRGa n,Esn Japa n,METI,Esn CM1ina(Hong Kong), I 6.5.4.6.4 Vertical Obstruction Subzone ^� Vertical Obstruction Subzone 6.5.4.B.4.b Imaginary Surface 0 2.5 5 10 Miles NOLF Cabaniss Scale: 1:130,000 z' q< ee�Si �i oCFQN M4 ie Fy o hyr Sp ApRF�sC o-e ' � qNp 20 pRreOy,r NO�CY - 0 A, O, Rp E Sr c, 00 � O S �o Q o S J P M�e AggTp ?Rp�e =P. Gq e<p Rp CRgNgM Rp F a�J� y ppN AThr�o RAyAM Rp ApRe s�Aiyp R C p >0,.5 pONp 2 gTR�p �o O O� p�Sp 3 5S'`� oqk pR OJQ RppF R p �o E Sour.es:Es,HENE.Ga—,USGS,1--ap,INCREMENT P.NRC-Es,J6pan.METI.Es,Ch-(Hong Kong)_Es, NII Subzone bountlades were delved from NASCCJoint Land Use St,dy(2g13) Vertical Obs[ruct—Subzone — LlgbtIub-- 6.5.5.C.1. Military Compatibility Area Overlay — Sa(ety5ub=o e 0 0.75 1.5 3 Miles Truax Field at NAS-CC — mcNo e lay �i Ti Scale: 1:36,000 -- Noise Subzone Y m s4 i vi, y N CV � pCF/IN ApRe 7 �/ T oa N a .. Laeu11�1 M,,an �o o , ARAT R/pp � t� S,: j � / RAyg41 / Ro o /�/ CRA A SAO F QO ' :.a yo Eel Oso S opy 9TRcb Q�¢q � -24Q"„TX STiif ypAk o ¢m�` AyR pye�'G o R of Rp . QO Neldron MIOZ t .Esn,HERE,G �ry SI IIRI—p,INCREMENT �: NRC n,tri, ME fnl=sri CM1 na(H,,g Kong),Esn (Cz)_Clear zoR, 6.5.4.C.2. Safety Subzone 0 (APZ-1)-Accident Potential Zone l Truax Field at NASCC 0 0.5 1 2 Miles � f (APZ-2)-Accident Potential Zone 2 Scale:1:36,000 4 \ pcF N t n AORe SG') OR ypGG ) L«y��iwan ost pce.n 0 5 � 0o F foo 0 SgRgTp <ROpe =� pq 6G�O RO pRgHA MRp - 2 oN 9TR pb �� 0 °r�� pqk pR J� A�Rp F R O F' W. s,€sn HeRe,Gar,usos,mre—p,INC)E,,, �NRCan,E�sr���an,�C-%�'f,'�sri CM1ina(Hong KongJ,Esn Light Subzone bountlary was tlerivetl hom NAS CC Joint Lantl Use SW tly(2013) 6.5.4.C.3 Light Subzone Light Subzone Truax Field as NASCC 0 0.5 1 2 Miles Scale:1:36,000 6.5.4.C.4 Noise Subzone Truax Field at NAS CC ®om Corpus Christi Bay Source: U.S.Department ofthe Navy,2004; O SSLaboratories,Inc.,2008; RI cean 0 �%�•" r� •� bj° •` �Military Property Truax5FO- NA-SCCA Noise Subzone 'CC- .35 0 358 Ugill /m N Laguna 0 0.25 0.5 Miles n Madre NEW= N 2� o7,:��� Vicinity Map �eexs� cera Oak Bee ROW San Reo-rom r'' !( _ Goliad County 6hhe0, J"WO, Nieces 's. Industrial Airpark NAS Co m Klehsy us Christi on par�;�;o Cd GSeWay NALF Waldron U L � amoks NALF Cabaniss Kenetly HNalgo 6.5.4.C.5. Vertical Obstruction Subzone 6.5.4.C.5.a - Isometric Airspace Truax Field at NASCC Ub- M00 µ 4�.ecs 9 Rurnray LEGEND A Po—y Surface 8 C:na.,. , .....� ._e ^^ P'^' i;IbaFeilcP u,UH-6 Mope) ❑ .SFI::_:r....C•: Cieerence Surface IHon—q h G Uu�+ rf�• �..e.� H Trmi5�6rrnN S:oI TOMME USepann•.� n,o,.. -.. 6.5.4.C.5. Vertical Obstruction Subzone 6.5.4.C.5.b Imaginary Surface Truax Field at NASCC 2 ' jk a IR co� - rpus Chri Bay Data Sources '4 I U.S.Department oflhe Navy, , ESRI,2008 Military Property ! �'`,� —. -�y ._.� .�✓'� '',F�^ Imaginary Surfaces Primary Surface(PS) � r J / Inner Horizontal Surface(IHS) Approach Depart Surface(ADS) L _ Conical Surface(CS) Transitional Surface rizo DHS CS 1HS Truax TNASCCd ,Approach Depart Horizontal(ADH) N LF Cabaniss r Outer Horizontal Surface(OHS) 1_�.. Corpus Christi City Limits L_„ T$ County6ountlary ADS 4:>vertical Obstruction Subzone N ADH o os 1 2 Miles d 0 /�1V � a�a v"ao NALF Waldron Vicinity-M'Pl oe Ana Jepson 'P1 waena i caiaa i � CaJhn Oek Bee Refugio - San Patricro _ Goliatl County rj3 J i Jim Mg.NueceS Intlustrial -- �� � �{ uva Airpark ), weceJg Y NAS Corpus Christi 1 NALF Waldron &oohs NALF Cabaniss X—dy Hitlalgo SECTION 3. The Unified Development Code Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject properties as shown in the maps adopted in Section 6.5.4 of the Unified Development Code to adopt and establish the Military Compatibility Overlay Districts for Truax Field at Naval Air Station — Corpus Christi, Naval Outlying Landing Field Cabaniss, and Naval Outlying Landing Field Waldron. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. 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 subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 8. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. SECTION 9. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 10. This ordinance takes effect after official publication. SECTION 11. Following the first 6 months after the passage of this ordinance, zoning application fees are waived for properties within a Safety Subzone that rezone to bring the property in compliance with the Military Compatibility Area Overlay District. That the foregoing Ordinance was read for the first time and passed to its second reading on this day, the day of , 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing Ordinance was read for the second time and passed finally on this day, the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this day, the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor One reading ordinance establishing the process and type of notice required for a joint public hearing of the City Council and the Planning Commission for zoning map and zoning text amendments. Whereas, the City Council may, from time to time, amend, supplement or change by ordinance, the boundaries of the zoning districts (i.e., zoning map amendment (rezoning)) or the regulations (i.e., zoning text amendment); Whereas, Texas Local Government Code § 211.006(a) provides that a municipality may establish procedures for adopting and enforcing the zoning regulations and boundaries; Whereas, Texas Local Government Code § 211.007(d) provides a home-rule municipality an alternative to individual written notice in that the governing body may, by a two-thirds vote, prescribe the type of notice to be given a public hearing held jointly with the zoning commission; and Whereas, if notice requirements are prescribed under Texas Local Government Code § 211.007(d), the notice requirements specified by Texas Local Government Code § 211.007 (b) and (c) and by § 211.006(a) do not apply. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The recitals contained in the preamble of this ordinance are determined to be true and correct and are hereby adopted as a part of this ordinance. SECTION 2. The City Council prescribes that the type of notice for a joint public hearing of the City Council and the Planning Commission shall be by publication on a City Council agenda and the City's Internet website at least 72 hours prior to the joint hearing. The notice shall identify the time and place of the meeting. This notice is an alternative to the notice requirements prescribed by the Texas Local Government Code and the Unified Development Code for zoning map and zoning text amendments. SECTION 3. The City Council establishes the following process for adoption of zoning map and zoning text amendments under a joint meeting of the City Council and Planning Commission: (1) Following notice in accordance with SECTION 2, the City Council and Planning Commission shall hold a public hearing. (2) At the Public Hearing, the Planning Commission shall make a recommendation on all proposed zoning map and/or zoning text amendments at the joint public hearing. No proposed zoning map and/or zoning text amendments may be tabled without the consent of the City Council. 1 C:\Users\sara h b\Ap p Data\Roam i ng\L5\Tem p\fea04872-603f-4292-bca6-5d a237e9752a.docx 03273 1 SCANNED (3) In the event an agreement on a recommendation cannot be reached by a majority of the Planning Commission present and voting or if the Planning Commission fails to take action on a proposed zoning map and/or zoning text amendment at the joint meeting, the proposed amendment shall be forwarded to the City Council with a recommendation of denial. (4) The City Council may take final action on the Zoning Map and/or zoning text amendment within six months from the date the recommendation of the Planning Commission is made. In the event the City Council shall fail to act within six months, such proposed Zoning Map and/or zoning text amendment shall be deemed in all things denied. This procedure is an alternative to the procedure established by the Unified Development Code for zoning map and zoning text amendments. SECTION 4. This ordinance supersedes any prior ordinances establishing the process for zoning map and text amendments following a joint public hearing of the City Council and the Planning Commission and prescribing the type of notice required for a joint public hearing of the City Council and the Planning Commission. SECTION 5. 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 in this ordinance be given full force and effect for its purpose. SECTION 6. Upon the written request of the Mayor or majority of the members of the Council, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs; and (2) suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the �U)Vhday of ,\ 2022. ATTEST: C OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor -,Uty\ day of A 2022 Corpus Christi, Texas 2 C:\Users\sarahb\App Data\Roa m i ng\L5\Tem p\fea04872-603f-4292-bca6-5d a237e9752a.docx PASSED AND APPROVED on this the �P � day of A_ , 2022. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, ILJ Paulette Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo A-u John Martinez AbQ/1�' Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter 0 Greg Smith Billy Lerma 3 C:\Users\sarahb\App Data\Roa m i ng\L5\Tem p\fea04872-603f-4292-bca 6-5da 237e9752a.d ocx 03273 s1 1 PoNp9 JR4 o "N TR/ h4 ;' p9pR ooR pgTR co O,yso �y pNRONF "' Ro �F, �I' , POUPP 9g26eFgNOR goPPro 0 o�FNo S oR City,Limits aP o a" 3e m oJP �jIIP 'YOR 5 RToq, N� Y Sources Esn,HERE,G-11 USGS,Imt—p,INCREMENT Pan ,NRCan,Esri Jap ,M ETI,E-Chlna(Hong Kong),Esn Light Subzone b...-y was--d ft—NAS CC Joint L-d Use SW dy(2013) — Vertical Obstruction Subzone 6.5.4.A.1. Military Compatibility Area Overlay District — Light Subzone — Safety Subzone NOLF Waldron Noise Subzone 0 0.5 1 2 MII2S Scale:1:26,000 — MCA Overlay N _ g' y Adw �n8n` O< OQO PpR p^''y'ON Rp rR O`unRnR FN09k pR OOQ,- 41 �, g0 �, O ° � � � ✓o�na YF,Q p�. 0 ey./uIr O C ze .°Rar. nNOm 4 P 5 �gtlQ c v 00 RgM'F q' t°ee qen„o. ,. 0� <p Rp RppFgNp R - o�o"ao u° am 000= m 3 y s y o ° OR ° T ' n� s°�r<es:esn.Helie.ceETI uses m:e�ep,iN g),EV gr P-NRGa n,Esn Japan,METI,Esn GM1ina(Hong Kong),Esn o NII S-ne boundaries were rierivetl fmm NNSCC Joint Land Use Study(2013) f 0 (CZ(-Clear Zone 6.5.4.A.2. Safety Subzone ,I (APZ-1(-A-identPotential Zone 1 NOLF Waldron 0 0.25 0.5 1 Miles " (APZ-2(-A-ident Potential Zone 2 �� � �T� � �� Scale:1:20,000 Osis/o _ Nogg ro OF RO �� I OR JP 0 S O 0P O P�U f f� oR V ��PP RgMF/F< O PP 02 P / m I O yo RRA �7 TOWN' .,yam Sources Esn,HE RE,Gannin,USGS,It 1N�CR./EMENT P,NRCan,Esri Japan,METI,Esri China(H nog 0ngfi E511 Light Subzo ne bou n tlarywas d--d from NASCC Joint La n d Use SW dy(2013) Light Suhzone 6.5.4.A.3 Light Subzone a � NOLF Waldron - 0 0.25 0.5 1 Miles Scale:1:20,000 N O O � aNRONF Ro \II Qo= Oy /VI 3e � O S O`FN09 Rq R oq �U Mp�F<O Mol \ �O RO ^arp,Ps ®�l E�9 N•zlJ,on�..I y0 s ti �J S` � J Y ogRTOON Sources sri,HERE,G— "I I pp. R F,SJ�Luan,Esri Japan,METIn si Cbina(H n o g Eisd LgR S--b—---—d E..NNS-CC Joint Land -dy(2H1 3)) 6.5.5.A.4. Noise Subzone Noise Subzone 0 0.25 0.5 1 Miles NOLF Waldron i i Scale: 1:15,000 6.5.4.A.5. Vertical Obstruction Subzone 6.5.4 A.5.a Isometric Airspace NOLF Waldron \NN�� vEi`rPL� NS�C�FQL� >> PQQQ,O S X000, PRIMARY ` SURFACE ISOMETRIC AIRSPACE/IMAGINARY SURFACES NOT TO SCALE 1009240.4132.05 P,� 1 - i Q —^ Bay ♦ ♦♦ � e, rAu s to 119♦♦ a ♦ u�F ISIunA I V ♦ "9 �♦ I I r� a I I 5 s B FMa i11 r�r ° d I I BP yY♦ d 1 ° :�A P r d� a P d P d A Tame Tre,—R T-,- nnln. ,P Tri 8 a d e e d / e r I a Air(ela Imaginary Suit— Approach Departure Clearance Surface(Horizontal) Inner Horizomal Surtace P ar d Approach Departure Clearance Surface(Slope) Outer Horizontal Surtace -Clear Zone Primary Surtace ° ` I I Conical Surface Transitional surface / Sources.Esn,HERE,Gartnin,USG$,Interrnap,INCREMENT/` P,NRGa n,Esn Japan,METI,—,Chr (4-g Kong),EM 6.5.4.A.5.Vertical Obstruction Subzone ^� Vertical Obstruction Subzone 6.5.4.A.5.b Imaginary Surface 0 2.5 5 10 Miles NOLF Waldron @, /, rI ITI I� ___ Scale: 1:130,000 •� [ -� r'w 'H cls' �ti •a-'-- - - ".m:,r.•...- �a e�,.». t 2�CGI�j4i„gyp ♦�S`�@� .a � rN�! -. ."Y �. . ` 1 / ,' �•C'�� ,\�iroiy 4` � ♦ • �J emir, ����� q�i S\ y�� � r.�.5 p/�9 N`NI• p s ���� / Y � �� q�.yy �1 � l✓��, � r y rc:�,� �� �> "� r z,/ � ,�.�, -- /rye i DI � �' C• �►� �♦ / /ice �mm � v 2 -� x;. zb,�iQo,�//ryI♦Or//' 1 1Z �•,•s o \aN♦�' �r��r �,; °tea' yzg a' f_ `\h .�•" �I,, >`..�I��� ♦ice rwf/,�c�r. =ti 1 yr X••1w "� -.y i � ' �► ^ rW• w � MY i M •� f SSM oP/eAus�s • •_ • � - • - � `ik�4 j ey -7 0 o o 'o # eP % Z' FM 43 _City Limits.--- S.--E-,HERE,E—,USGS,I Je ENRC­E-J­,MET,Es,ChII I p— NA�eJ.".t'Lod—Study (CZ(-Clear Zone 6.5.5.6.2.Safety Subzone (APZ-1)-Acxident Potential Zone 1 NOLF Cabaniss 0 0.25 0.5 1 Miles (APZ-2)-Accident Potential Zone 2 Scale:1:20,000 N y ?4p qRp oe Qo �arx 4 ro <yR p Rgppp �� City Limits QO ` FM 43 4 C ♦ A �S ♦ f S Esn,HERE,Gartnin US�S,Int—p,INCRE P,NRCan,Esri Jap n,METI,Esr/CM1na(Hong KongJ,E ubzart@Aopfida� as tleiyetl hom.NA$('v Ja n[LapilUse�SWryy(2g 6.5.4.6.3 Light Subzone t Ugh[Subzone NOLF Cabaniss 0 0.25 0.5 1 Miles Scale: 1:20,000 6.5.4.B.4 Vertical Obstruction Subzone 6.5.4.B.4.a - Isometric Airspace NOLF Cabaniss G � p H F ' C E H C H E / A H F G LEGEND ISOMETRIC NOT TO SCALE A Primary Surface B Clear Zone Surface C Approach-Departure Clearance Surface(40:1 Slope Ratio) D Approach-Departure Clearance Surface(500'Horizontal Elevation) E Inner Horizontal Surface(150'Elevation) F Conical Surface(20:1 Slope Ratio) G Outer Horizontal Surface(500'Elevation) H Transitional Surface(7:1 Slope Ratio) 1009240,4132.05 Source: UFC 2-200-05N, Figure II-1,Appendix E w N r e• �♦ malesiae rr __.. _JcZ9 n ra , ! - �'�I`:♦! -J y+•j d'_� 1 o Ne Bay J '- . � cef„tl, Christi Rol, 44 ow orpu Ch,ru, Bay rN faie � FM]e R6 - �N LL 1`I PNronfla ,,'� ¢ l� S a� Airfield Imaginary Surtare ' Approach Departure Clearance Surface(Horizontal) Inner HI...W1 Surtace � I Approach Departure Clearance Surface(Slope) Outer H.H—fel Surface J -Clear Zone Primary Surtace JJ Pat�6 J Conical Surface -Transitional surface I sl an 6 J ou es Esn,HERE,Gannin,USES,Intenna P,INCREMENT J P,NRGa n,Esn Japa n,METI,Esn CM1ina(Hong Kong), I 6.5.4.6.4 Vertical Obstruction Subzone ^� Vertical Obstruction Subzone 6.5.4.B.4.b Imaginary Surface 0 2.5 5 10 Miles NOLF Cabaniss Scale: 1:130,000 z' 9� of & \\ %4 v O 'C Ry � 100, sF9pR p"w V F/S�q o Np c 20 pR°Om„ r.. Ho<<r Rp P O - /4 4 L 00 PO = v O FPP 0 2 O e 9R9T0 R/pOF �- O,q F��p Rp G/j9y9M �� Rp O�P p0NP9TR/O R9HgM RO 9pRF/S�9Np R / p PO p0R PO PyTRCO o OP oP peso 3P Oqk pR JP RppF R O p Po �c Sources:Es,i.HE6E.Gal-m USGS,I ntemap,INCREMENT P.NRGan.Es"J��apan.METI.Esri China(Hong Kong)-Es, All Subzone boundadeswere derived from NASCCJoi—nd Use Study(2g13) Vertical Obstruction Subzone — Light Subzone 6.5.5.C.1. Military Compatibility Area Overlay — SatetyS,bzo.e 0 0.75 1.5 3 Miles Truax Field at NAS-CC — MCA Overlay �i Ti Scale: 1:36,000 -- Noise Subzone Y y — (�o Rq�s�pR T oa N o es, P - L,91111a M,n4A S v O o°SP 1pR poFR 2= \ �� 5{ Doge pRp c �� s� Rp O cqy `3 pgpR C �� a ooP F' p'I''°gTq� q qM Ro F�s�q,�p R 0 P° -pro aei o:o ooyp P gTRCb °2 OP I.oP oN�O 3e °yPP Slit �O44-oR oP �`� pRopg R o o P� Neldron MIOZ .Esn,HERE,G ,�ryry ,SGS,Intzrtnap,INCREMENT 11<� IF NRC n, � MEGfnsri CM1na(Hong KongJ,Esn (CZ(-Clear Zone 6.5.4.C.2. Safety Subzone Truax Field at NASCC (APZ-7(-Accident Potential Zone 0 0.5 1 2 Miles Scale:1:36,000 �� f (APZ-2(-Accident Potential Zone 2 q�MFd 9 N � T C/ \ o ocFAN J� 2 RFs� ppR YRd smw� O QQ PO � S v Y 1f n, W Y y OO�p �Q 9RgTo R/pcF 2Q cq e�yp Rp oRgy9 MRp z QQ do oRgy9 SpgpRF t i 3 :�' i NPq� y Mqp /S<q 4 TR/ ydp PO ..ayo del Oza doyF P gTRcAJ os aP P < J4oP p�sOy Rp 3P i - o Fy a USPP oqk pR JP dRpdF'q S €sn,H�ERE G r��ryry USGS,Intzrtnap,INCREMENT NRC n,�ri,Jap MEYfn Esri CM1na(Hong KongJ,Esn LigM1[Subzone bountlarywastlervetl hom NAS CCJoin[Lantl Use SWtly(2013) Light Subzone 6.5.4.C.3 Light Subzone � Truax Field as NASCC 0 0.5 1 2 Miles Scale:1:36,000 6.5.4.C.4 Noise Subzone Truax Field at NAS CC ®om Corpus Christi Bay Source: U.S.Department ofthe Navy,2004; O SSLaboratories,Inc.,2008; RI cean 0 �%�•" r� •� bj° •` �Military Property Truax5FO- NA-SCCA Noise Subzone 'CC- .35 0 358 Ugill /m N Laguna 0 0.25 0.5 Miles n Madre NEW= N 2� o7,:��� Vicinity Map �eexs� cera Oak Bee ROW San Reo-rom r'' !( _ Goliad County 6hhe0, J"WO, Nieces 's. Industrial Airpark NAS Co m Klehsy us Christi on par�;�;o Cd GSeWay NALF Waldron U L � amoks NALF Cabaniss Kenetly HNalgo 6.5.4.C.5. Vertical Obstruction Subzone 6.5.4.C.5.a - Isometric Airspace Truax Field at NASCC Ub- M00 µ 4�.ecs 9 Rurnray LEGEND A Po—y Surface 8 C:na.,. , .....� ._e ^^ P'^' i;IbaFeilcP u,UH-6 Mope) ❑ .SFI::_:r....C•: Cieerence Surface IHon—q h G Uu�+ rf�• �..e.� H Trmi5�6rrnN S:oI TOMME USepann•.� n,o,.. -.. 6.5.4.C.5. Vertical Obstruction Subzone 6.5.4.C.5.b Imaginary Surface Truax Field at NASCC 2 ' jk a IR co� - rpus Chri Bay Data Sources '4 I U.S.Department oflhe Navy, , ESRI,2008 Military Property ! �'`,� —. -�y ._.� .�✓'� '',F�^ Imaginary Surfaces Primary Surface(PS) � r J / Inner Horizontal Surface(IHS) Approach Depart Surface(ADS) L _ Conical Surface(CS) Transitional Surface rizo DHS CS 1HS Truax TNASCCd ,Approach Depart Horizontal(ADH) N LF Cabaniss r Outer Horizontal Surface(OHS) 1_�.. Corpus Christi City Limits L_„ T$ County6ountlary ADS 4:>vertical Obstruction Subzone N ADH o os 1 2 Miles d 0 /�1V � a�a v"ao NALF Waldron Vicinity-M'Pl oe Ana Jepson 'P1 waena i caiaa i � CaJhn Oek Bee Refugio - San Patricro _ Goliatl County rj3 J i Jim Mg.NueceS Intlustrial -- �� � �{ uva Airpark ), weceJg Y NAS Corpus Christi 1 NALF Waldron &oohs NALF Cabaniss X—dy Hitlalgo Military Compatibility Area Overlay Districts (MCAOD) Unified Development Code (UDC) Text Amendment and Map Amendment Public Hearing Joint Meeting Planning Commission and City Council August 9, 2022 Procedure for Joint Meeting • City Council calls the Joint Public Hearing of the City Council and Planning Commission • Role Call of Planning Commission • Joint Public Hearing Conducted • Planning Commission provides a recommendation on the ordinance adopting the Military Compatibility Area Overlay Districts and related regulations • City Council acts after hearing on the recommendation of the Planning Commission concerning the Military Compatibility Area Overlay Districts and related regulations History • The United States Department of Defense (DOD) initiated the Air Installations Compatible Use Zones (AICUZ) Program in 1973 to assist governments and communities in identifying and planning for compatible land use and development near military r_ i n wu 71 a installations i An-t ( ' The first AICUZ study for the Corpus Christi area was conducted a►Ht 2 ! 7 in 1980 and addressed Naval Air Station-Corpus Christi (NAS- �' CC) , Naval Outlying Landing Field (NOLF) Cabaniss, and E u- NOLF Waldron. Following the findings, the City initiated the uz Mz•� - \ ` 71983 Flour Bluff Area Development Plan (ADP) and subsequently conducted an area wide rezoning in effected Tp'. areas. AM`� Later AICUZ updates occurred in 2009 and were followed by the 2013 Joint Land Use Study (JLUS). The Joint Land Use Study """""'°" tt"""'" az•i `� f• ° (JLUS) was done in partnership with the United States Navy •,I 1°VI i ' "• °°1{VI VIOIIs IIVY1 I •t \ I',�� •I -•a•W••.�, I , I ,<•y� involving the declaration of various zones including the Safety, _4 Light, Noise, and Vertical Obstruction Subzones of NAS-CC, "'' "�"t" _•" A* jr4 NOLF Cabaniss, NOLF Waldron, and the Corpus Christi International Airport (CCIA). Further updates occurred with the 2020 AICUZ of NOLF Cabaniss and NOLF Waldron. • Today,the Unified Development Code(UDC)via Section 6.5 Air Installations Compatible Use Zones (AICUZ) is used as a guideline during the rezoning process to evaluate the compatibility of land uses within the designated Accident Potential Zones(APZs)of the AICUZ. 3 Purpose • The Military Compatibility Area Overlay Districts (MCAOD) are Designed to protect the health, safety, and welfare of civilians and military personnel by encouraging land use that is compatible with aircraft operations, to reduce noise impacts caused by aircraft operations, while meeting operational, training, and flight ,tb safety requirements, _ Located in the vicinity of installations, to inform the public and seek cooperative efforts to minimize noise and aircraft accident potential impacts by promoting IL compatible development, and to protect installation investments by safeguarding the installation's operational capabilities. Public Outreach • A series of Public meetings were held in each City Council district during the month of July. The District 4 meeting was the most attended with over 20 citizens of the Flour Bluff area. • The following organizations have been briefed on the MCAOD • Coastal Bend Home Builders Association • United Corpus Christi Chamber of Commerce • Corpus Christi Realtors Association • City of Corpus Christi Development Task Force Military Compatibility Area Overlay District (MCAOD) N R�vO 4q� Caba,niss p s e, a Field' "<w NAS-CC BCW e G`awD .�'R Waldron --- D m 'i Cl�y_(•f 4'Irs, D -= Military Compatibility Area Overlay District 0 1 25 25 5 KI Safety Subzones-City Overview - pvaz�.°�mea�wma�enizo�ae es Scale:155.000 6 UDC Section 6.5.2 Definitions and Boundaries • Safety Subzone:Safety Subzone is a subzone within the within the N Military Compatibility Area Overlay District consisting of the Clear m° Zone,Accident Potential Zone 1,and Accident Potential Zone 2. AR' Safety Subzone regulates compatible land use types and densities/ TO°q intensities within the CZ and APZs 1 and 2. y R° Noise Subzone(NS):Noise Subzone is a subzone within the Military Compatibility Area Overlay District consisting of the area located off-installation that fall within the noise contours greater than 65 dB DNL noise levels associated with aircraft activities. weN. r_ Aja - e o r IVT LS �w`� Vertical Obstruction Subzone(VOS):Vertical Obstruction Subzone is Labaniss 3 a subzone within the Military Compatibility Area Overlay District r r Field- consisting of a 3-D geographic area comprised of imaginary surfaces. Light Zone(LS): Light Subzone is a subzone within the Military Compatibility Area Overlay District consisting of areas that may FM 43 o D generate ambient light and the direction of light that have the potential ui P to affect night training missions,operations,and controller vision. s • Military Compatibility Area Overlay District(MCAOD).Military Compatibility Area Overlay District is a zoning district consisting of the • Clear Zone (CZ) Clear Zone,Accident Potential Zone 1,Accident Potential Zone 2., • Accident Potential Zone 1 (APZ-1) Noise Subzone,Light Subzone,and Vertical Obstruction Subzone. • Accident Potential Zone 2 (APZ-2) The specific boundaries of the Military Compatibility Area Overlay Districts are shown on the official zoning map maintained by the City of Corpus Christi. 7 UDC Section 6 .5.3 . G Light Subzone • Light subzone. All land g within a Light Subzone is subject to the following regulations: xa All lighting fixtures shall be fully shielded to prevent light output emitted ��— above ninety (90) degrees at any lateral angle around the fixture except incandescent fixtures of 150 �6,5.5.A3 Lght5 bzone watts or less and NOLF Wald- 0.i 25 aldron°.25 °0 1Nil- S­12U00 other sources of 70 watts or less. UDC Section 6 .5.3. H Noise Subzone • Noise subzone.All land within a Noise Subzone is subject to the following regulations: Noise insulation standards. • New residential buildings shall be constructed with 8 sound insulation or other means to achieve a DNL of 45 dBA or less inside the building. If the cost of modifications to an existing residential building is 75 percent or more of the total � assessed improvement value of the site,the building shall also meet this standard. Garages and similar accessory buildings that do not include living space are exempt from this requirement." • A building that is only partly located within a Noise 6.5.5.A.4.Noise Subzone Subzone is also subject to 0 0.25 os Imk� NOLF Waldron these regulations. Scale:1:15.000 UDC Section 6 .5.3. G Vertical Obstruction Subzone Transition surfaces that define the airspace that G needs to remain free of obstructions around an airfield. F C H i` H The purpose is to ensure safe flight approaches, 'H departures, and pattern operations. A F WMETfl C • Potential obstructions include natural terrain and B CkalZwe Su"aee ` °°°•"°°^°la"�n°aw"aa°I°Is "'°I man-made features, such as buildings, towers, o nawwmcewrn.eNaaa wnaea lsoo'nwuolmlEkvnlenl E Inmv Hohrolxal Surixe1150'EkvalbN E Zmieal mgae,]O.ISIep Nalal poles, wind turbines, cell towers, and other v aaa.Nawul slacelsar Ele•mol 10—71 71=I�R„I°I ,w, vertical obstructions to airspace navigation. In general, no above ground structures are s1 -- permitted in the primary surface of Clear Zones, and height restrictions apply to transitional 7% E�,�"°� surfaces as well as approach and departure NQS surfaces. PRIMA SURFACE • Height restrictions are more stringent nearing the ISOMETRIC runway and flight path. AIRSPACE IMAGINARVSURFACES NOT TO SCA IE UDC Section 6 .5.3. G Vertical Obstruction Subzone Primary Surface:The width of the primary surface for runways is 1,000 feet. Clear Zone Surface:A surface located on the ground or water at each end of G the primary surface p� Approach-Departure Clearance Surface(Slope):An inclined plane H extending at a 20:1 angle F C E Approach-Departure Clearance Surface(Horizontal):A horizontal surface H C H extending from the 400-foot elevation of the glide angle for a distance of E 50,000 feet from the point of origin. /B H A F G Inner Horizontal Surface:A plane that is oval in shape at a height of 150 feet ISOMETRIC above the established airfield elevation. vorro seas Conical Surface:A surface extending from the periphery of the inner horizontal surface outward and upward at a slope of 20 to 1 for a horizontal distance of 5,000 feet to a height of 400 feet above the established airfield elevation. A Primary Surface •� Outer Horizontal Surface.A plane,located 500 feet above the established B Clear Zone Surface airfield elevation,extending outward from the outer periphery of the conical C Approach-Departure Clearance Surface(40:1 Slope Ratio) surface for a horizontal distance of 30,000 feet. 0 Approach-Departure Clearance Surface(500'Horizontal Elevation) Transitional Surfaces:Connect the primary surfaces,the first 200 feet of the E Inner l Surface (20rfa lopeR'Elevation) clear zone surfaces,and the approach clearance surfaces to the inner F Conical Surface(20 t Slope Ratio) horizontal surface,conical surface,outer horizontal surface or other G Outer Horizontal Surface(501Y Elevation) transitional surfaces.The slope of the transitional surface is 7 to 1 outward H Transitional Surface(7a Slope Ratio) and upward at right angles to the runway centerline Imaginary Surfaces at NAS-CC • Structures in Imaginary Surfaces Prohibited: No structure shall be erected,altered,or maintained,and no tree shall be allowed to grow, in any imaginary surface created by this section to a height in excess of the applicable height limit established in this section for such imaginary ` I J surface. Such applicable height limitations are hereby established for each of the imaginary surface in question.An area located in more than one of the following imaginary surfaces is considered to be only in the imaginary surface with the more I1 restrictive height limitation: I Visual Impairment Prohibited: No use shall be made of land within a Vertical Obstruction Subzone in such MMII- manner that releases into the air ... Ty6.5.JA.5.Vert, IObatrucbonSub—I within an imaginary surface any g 25 5 a 8.5.4A.S.blmaginarySurface substance which would impair NOLF Waldron visibility or otherwise interfere with the operation of aircraft;e.g.,steam, dust,smoke,etc. 12 Land Use Compatibility • The Air Installation Compatibility Use Zones (AICUZ) N establishes additional land uses guidelines for specific McAR! uses (i.e. residential/commercial) and densities. T°oq BCLD yO({r y RD • Density: Within Accident Potential Zone (APZ-2) density is limited to 2 dwelling units per acre. 0 D • Uses:Within APZ-1 and APZ-2, land uses are either 0 ;i ((,a ° o �� limited by allowance and/or by size of building. ' ICabanlss a� Example: Shopping centers are not allowed in --� wi APZ-1. However, shopping centers are allowed in Field'= APZ-2 but limited to a floor area ratio (FAR) of 0.22. r •_ r = FM 43 ° ° - • Floor Area Ratio (FAR): FAR is calculated by a formula �� of a building's gross floor area (B)divided by the size of ,� the lot(L)of where the building is located. G/L= FAR. • Example:A shopping center is an allowed use in • Clear Zone (CZ) APZ-2, however at a maximum FAR of 0.22. The • Accident Potential Zone 1 (APZ-1) 2-acre parcel (87,120 sq. ft.)would limit the size • Accident Potential Zone 2 (APZ-2) of the shopping center building to no greater than 19,166 square feet in size (or 22% per lot/parcel). UDC Section 6 .5.3.J and K • Plat Notice: A notice shall be placed on all final plats for properties located within Accident Potential Zone 1 and 2 that the property, either partially or wholly, lies within an Accident Potential Zone and is subject to noise and/or aircraft accident potential which may be objectionable. • Supplemental Information: Whenever any application for a change in zoning in a Military Compatibility Area Overlay District is filed, the director of development services should make formal request to the United States Navy at least thirty (30) days prior to the zoning commission hearing for any relevant statistics, operational activities information, technical data, or other studies with bearing on the request. Frequently Asked Questions • What if I own a vacant lot that is already platted and zoned for single-family homes? • Vacant platted lots which are zoned for residential uses may be used for single-family residences providing they conform to all other applicable requirements the Military Compatibility Overlay District. Such lots may not be subdivided into lots that exceed a density of one (1) single-family residence per acre. • What if I want to remodel and/or add an accessory dwelling unit to my home located within the APZs? • All other provisions of the Unified Development Code (UDC) must be followed (i.e. setbacks, height, open space, etc.). However, homes constructed within an APZ that constructed in compliance with the UDC at the time of construction may be repaired and enlarged provided (1) the number of primary dwelling units is not increased and (2) all other applicable requirements of the MCAOD are met. • What if I own a home already located within the APZs and it is destroyed by a fire/flood/hurricane? • The Unified Development Code (UDC) has existing provisions within Article 9 (Nonconformities) that allow for the reconstruction or repair of nonconforming uses/structures that were damaged or destroyed by fire, accidental, and/or natural disasters. Additionally, a single-family home may be built on a property regardless of the MCAOD but must be an allowed use granted by the underlying zoning district Staff Recommendation for Joint Meeting Approval of the proposed Text Amendment and Map Amendment to the UDC 2009 v. 2020 AICUZ Maps n I 65 FW.Fqura 6-3b ComPanson of 2009 and ompa 2020 Cnion f 2009 112020 are _ ^^•� AICUZ Clear Zones and AcddaM PoleMnl Z- C AICUZ Clear Zones and I \+ B� r �. Acudenl Potential Zonea. NOLF Cabana NOLF WaMron _e h Corqu CMW,Texas _n,,.., Niril M Stenon ar...,..c.,�..�......� .. ru s.w•uo.•a.+......rrry w CONa%CM9�.T- 17 UDC Section 6.5.3 Permitted Uses (Residential) Table 6.5.3-Land Use Compatibility in Military Compatibility Area Overlay District Land Use and Density ® Land Use Name Clear Zone APZ-1 APZ-2 Maximum Density S Residential Household Units: ® Single Units;Detached N N y Maximum density of 2 Du/Acre ® Single Units;Semi-detached N N N ® Single Units;Attached Row N N N ® Two Units;Side-by-Side N N N ® Two Units;One above the other N N N ® Apartments;Walk up N N N ® Apartments;Elevator N N N ® Group Quarters N N N ® Residential Hotels N N N N N N Mobile home parks or courts ® Transient lodgings N N N Other Residential N N N 18 UDC Section 6.5.3 Permitted Uses (Trade) Table 6.5.3-Land Use Compatibility in Military Compatibility Area Overlay District ski, Land Use and Density Land Use Name Clear Zone APZ-1 APZ-2 Maximum Density . 50 . Wholesale Trade N Y Y Maximum FAR of 0.28 in APZ-1 &0.56 in APZ-2 Retail trade-building materials, N Y Y Maximum FAR of 0.14 in APZ-1 hardware,and farm equipment &0.28 in APZ-2 "'53Retail trade-shopping centers N N Y Maximum FAR of 0.22 Retail trade-food N N Y Maximum FAR of 0.24 55 Retail trade-automotive,marine N Y Y Maximum FAR of 0.14 in APZ-1 craft,aircraft and accessories &0.28 in APZ-2 Retail 97 trade-furniture,home N N Y Same as above furnishings,and equipment Retail trade-eating and drinking N N N establishments 5 9M Other retail trade N N Y Maximum FAR of 0.22 19 �O,�US C� o AGENDA MEMORANDUM v 6. Public Hearing & First Reading Ordinance for the City Council Meeting 08/09/2022 Second Reading Ordinance for the City Council Meeting 08/16/2022 µCORPOR I 1852 DATE: August 9, 2022 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 3241 Reid Drive CAPTION: Case No. 0522-01, Corpus Note Acquisitions LLC (District 2): Ordinance rezoning property at or near 3241 Reid Drive (from the "RM-1" Multifamily District to the "ON" Neighborhood Office District.) SUMMARY: The purpose of this rezoning is to allow for a medical office use. BACKGROUND AND FINDINGS: The subject property is 0.61 acre. To the north, properties are zoned "RM-1" Multifamily District and "CG-2" General Commercial with Public/Semi-Public, and Commercial uses. To the south, "RM-1" Multifamily District, "CN-1" Neighborhood Commercial District, and "CG-2" General Commercial District with Medium-Density Residential and Professional Office uses, and vacant. To the east,"CG-2" General Commercial Districts and "ON" Neighborhood Office District with Professional Office and Commercial uses. To the west, "RM-1" Multifamily and "RS-6" Single- Family 6 District with Public/Semi-Public, Medium-Density Residential uses, and vacant. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency and considering public input, staff proposes approval of the change of zoning from "RM-1" Multifamily District to the "ON" Neighborhood Office District. Conformity to City Policy The proposed zoning is consistent with many broader elements of the City of Corpus Christi's Comprehensive Plan; however, it is inconsistent with the Future Land Use Map, and will warrant an amendment to it. The Future Land Use Map a High-Density Residential use. Public Input Process Number of Notices Mailed 22 within 200-foot notification area 4 outside notification area As of June 21, 2022: I n Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition ALTERNATIVES: 1. Denial of the rezoning from the "RM-1" Multifamily District to the "ON" Neighborhood Office District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the change of zoning from the "RM-1" Multifamily District to the "ON" Neighborhood Office District on June 15, 2022. Vote Count.- For: ount:For: 8 Opposed: 0 Absent: 1 Abstai ned: 0 Staff recommended approval of the change of zoning from the the "RM-1" Multifamily District to the "ON" Neighborhood Office District on June 15, 2022. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0522-01 Corpus Note Acquisitions LLC: (District 2) Ordinance rezoning a property at or near 3241 Reid Drive from the "RM-1" Multifamily District to the "ON" Neighborhood Office District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described Lot 1 , Block 41 , Linda Park#4 Subdivision, as shown in Exhibit "AH: From the "RM-1" Multifamily District to the "ON" Neighborhood Office District. The subject property is located at or near 3241 Reid Drive. Exhibit A, which is a map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 4 Exhibit A C G,-'2 SUBJECT PROPERTY R 1 0 N sl G&'Do ON CG-2 RS-6 CG- CG-2 G- G-2 C C - 1 CASE: 0522-01 poltlarld SUBJECT PROPERTY WITH ZONING mcollms Subject PropertyChrist Prope A 1-1 A 2 AI IT I D,'.-t.id V ATAp.r—,t Tcv,�t D,nt,i, K, 1, SUBJECT\ B.1 MP.Whb"[_l B„_...D'aJrc� R 11 PROPERTY B:2A Barred d0 sDslr c, RA C) L i..i B 3 Bos,lla RF R,., F nZ 94 General 8--,Dc,t-1 H 11 a, ZZI"'meaa�'N" 8'. B'6 p•1.1 C—Dim1r,,l T1 1 1,;,, 0tv of BD Comas Chriti Beach DQsign Dist. D f, dc", r 4"DI'mc, F F"R—IDi-t,,L L --I H--SnLdi,,,- COFsr LIS El.HERE, HC H-r"1-CA-1 L- ,k d.. F, C 11 1-NI! [LOCATION_ MAP- Page 4 of 4 ZONING REPORT Case # 0522-01 Applicant & Subject Property City Council District: 2 Owner: Corpus Note Acquisitions LLC Applicant: Coastal Bend Wellness Foundation Address and Location: 3241 Reid Drive, located along the south side of Reid Drive, north of Texan Trail, and south of Botsford Street. Legal Description: Lot 1, Block 41, Lindale Park #4 Acreage of Subject Property: 0.61 Zoning Request From: "RM-1" Multifamily District To: "ON" Neighborhood Office Purpose of Request: To allow for a medical office use. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RM-1" Multifamily Vacant High Density Residential "RM-1" Multifamily, and Public/Semi-Public, and Government, High North "CG-2" General Commercial Commercial Density Residential, and Commercial "RM-1" Multifamily, "CN-1" High Density Medium Density Residential, Residential, South Neighborhood Commercial, Professional Office, and Commercial, and "CG-2" General Commercial Vacant Public/Semi-Public, and government "CG-2" General Professional Office, and High Density East Commercial, and "ON" Residential, and Neighborhood Office Commercial Commercial "RM-1" Multifamily, and Public/Semi-public, Medium High Density West "RS-6" Single-Family 6 Density, and Vacant Residential, andgovernment Plat Status: Property is platted. Air Installation Compatibility Use Zone (AICUZ): No. Code Violations: None. Transportation and Circulation FOR Reid Drive, Botsford Street and Gordon Street Designation-Urban Section Proposed Section Existing Reid Drive & Street Botsford Street Local Residential 50' R.O.W. 2 Lanes, 50 Feet Gordon Street Designation-Urban Section Proposed Section Existing Street Zoning Report Page 2 Local Residential 50' R.O.W. 2 Lanes, 60 Feet Bicycle Infrastructure Distance to Bicycle Network3 Segment Proposed Segment Existing Approximately 0.06 mile north of Botsford 1-Cycle Track (Both Sides) Street, along Reid drive, Swantner Drive Off-Road Multi-Use Trail None and Glazebrook Street Bike Boulevard Transit: The Corpus Christi RTA provides transit services via Bus Route 17 Carroll/Southside with a bus stop immediately west of Reid Drive along the south side of Texan Trail, and another immediately north of Texan Trail, along the west side of Alameda Street. The Corpus Christi RTA also provides transit services Via Bus Route 5 Alameda through a bus stop located along the east side of Alameda Street, immediately south of Texan Trail, and another stop immediately north of Texan Trail, along the west side of Alameda Street. Utilities Gas: 2-inch gas service line located on Botsford Street and Gordon Street. Stormwater: 60-inch storm pipe located east along Reid Drive unto Botsford and Gordon Street. Wastewater: 10-inch PVC wastewater line located along the frontage of lot on Reid Drive, across to Botsford and Gordon Street. Water: 6" water line located across Gordon Street, south of property. Corpus Christi Comprehensive Plan Plan CC: Provides a vison, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Southeast Area Development Plan (Adopted February 28, 1995, update currently underway). Future Land Use Map: High Density Residential. Water Master Plan, Wastewater Master Plan, Stormwater Master Plan: Currently, there are no proposed improvements. Public Notification Number of Notices Mailed —22 within 200-foot notification area —0 outside 200-foot notification area In Opposition — 0 inside notification area — 0 outside notification area 0.00% in opposition within the 200-foot notification area Zoning Report Page 3 Public Hearing Schedule Planning Commission Hearing Date: June 15, 2022 City Council 1St Reading/Public Hearing Date: August 9, 2022 City Council 2nd Reading Date: August 16, 2022 Comprehensive Plan Consistency: Plan CC: The proposed rezoning consistent with following Goals and Strategies for Decision Makers: • Future Land Use, Zoning and Urban Design • Promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. • Encourage orderly growth of residential, commercial, and industrial areas. • Promote the stabilization, revitalization, and redevelopment of older neighborhoods. • Promote interconnected neighborhoods with appropriate transitions between lower- intensity and higher-intensity land uses. • Promote medium density activities, such as apartments or office uses around commercial centers of high density, and the remaining area by low density use such as single-family dwellings. Southeast Area Development Plan: • Placing low intensity activities next to single family uses. Future Land Use Map: The proposed rezoning is inconsistent with the Future Land Use Map. • High-Density residential uses. • Warrants an amendment to the Future Land Use Map. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezonings. . . It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose of the rezoning request and conducted research into the properties land development history to include platting, zoning, existing surrounding land uses and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of comprehensive plan. As a result of the above analysis staff notes the following: • Although the proposed zoning is inconsistent with the Future Land Use Map, the proposed rezoning is consistent with many broader elements of the with the Comprehensive Plan. • The proposed rezoning provides redevelopment and eliminates blight. • The subject property is the home of the Wellness Center's original offices. The development will make a surrounding community of duplexes. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency and considering public input, staff proposes approval of the change of zoning. Zoning Report Page 4 Planning Commission and Staff Recommendation (June 15, 2022)- Approval of the change of zoning from the"RM-1" Multifamily District to the "ON" Neighborhood Office District. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Zoning Report Page 5 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA 5� o`' �o C G-2 �Il a � op O� �O Pti 1 7 23 +2 SUBJECT 6 PROPERTY p c, 0 R M- 1 5 Oho 9 4 15 3 0015 14 / G0R 13 17 ON 10 12 18 11 9 N9 20 CG- 2 RS- 6 z2 Rp x/21 EP1 CG- CG-2 GN- 1 C - CASE: 0522-09 Portland esi Zoning and notice Area RM,1 Midtilamlly 7 II. LIgM1t industrial RM-2 Multifamily2 IH Heayy industrial Corpus RM-3 MUltilaml ly3 PUD Plairned Unil bev.overlay oN Pr�leae�nnalon�re RS-10 Single.F—ffly10 -- Christi RM-AT Multirnaily AT RS-6 Single-Fnmilyfi town CN.1 NnighlI,ercisl R545 Si, Ie.Fnmily 4.5 " eNm2 Noiryh bnrfiootl Cam mare�al RS.TF Twafemily CR-1 Resat Comin -d RS-15 Sing[e-Family 15 CRv2 Ruenrl Cnmme—W RE R-Id.mW Eerfile CG-5 General Conemer .1 RS-7H Townhouse CG.2 Gen—ICtrial SP S,—IF.,—, SUBJECT\ cI Inreazi�P cnn,anr�i,l Rv Re mi.nal Whiac P.,x PROPERTY eeo oownlown eo me al RMH Mr,nulntla ed Hrme CR Resorl Cununa rie lr FR IF Rural H Historic Overlay BP Business Park 4Chsti o Col uti «_, XEsti HEFE �LOGAyoN MAP Zoning Case 0522-01 Corpus Note Acquisitions LLC DISTRICT 2 Rezoning for a property at 3241 Reid Drive a GG,'zFrom "RM-1" To "ON" Flo S Rmi10, corpus ✓' o,lN Christ ate„ o / k r, SUBJE�N PROPERTY 2,1 ! ! RS-6 . ln.d (lona 'LOCATION MAP • GG-Z„ G Ni'7 CN- City Council August 9, 2022 Zoning and Land Use Proposed Use: A� Medical Office CG Area Development Plan: Southeast Area Development Plan OOP ZMBJ Future Land Use Map: opp o High Density Residential R ' ° i% Existing Zoning: °N "RM-1" Multifamily District ON Adjacent Land Uses: 12/6/2 • North: Public/Semi Public & Commercial • South: Medium Density Residential, Vacant -2 N • East: Professional Office & Commercial CG- • West: Public/Semi-Public, Medium Density Residential, G N- C el &Vacant Public Notification 22 Notices mailed inside 200' buffer 4 Notice(s) mailed outside 200' buffer =5 o, o� CG•1 Notification Area �5 eCP � pE0 V (� laJ 23 Opposed: 0 (0.00%) G P.o D Separate Opposed Owners. 0 R M 1 5 oPoy� 1ZF I 15 3 14 n Favor: 0 (0.00%) ��a°°N ON 1C 12 11 CGI NRS-6 � 1 z "Notified property owner's land in SQF/Total square footage of all x C property in the notification area = Percentage of public opposition. 1 �fCc-z Staff Analysis & Recommendation • Although the proposed zoning is inconsistent with the Future Land Use Map, it is generally consistent with many broader elements of the with the Comprehensive Plan. • Although the Future Land Use Map proposes high density residential uses, the adjacent land uses include multifamily and professional office. • The Southeast Area Development plan proposes placing low intensity activities, such as professional office, next to residential uses. • The proposed zoning is near an arterial street and other commercial uses. • STAFF RECOMMENDATION: Approval of the rezoning from "RM-1" Multifamily District to the "ON" Neighborhood Office District. i. fO � it `"` CG =2 ` t. SUBJECT PROPERTY p s. � R Or ry GO _ ` k a CG -,2 CASE- 0522-01 ortland zsf Aerial View Cfirpu s Subject Property SUBJECT\ PROPERTY W City of CoipuS Esri, HERE, Christi LOCATION MAP so G� O� �A AGENDA MEMORANDUM First Reading for the City Council Meeting of August 9, 2022 "°°"P°"I Second Readingfor the Ci Cil Meeting of August 16 2022 1852 Council g g DATE: August 9, 2022 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Ordering a General Election to elect Mayor and eight Council Members November 8, 2022 CAPTION: Ordinance ordering a General Election to be held November 8, 2022, in the City of Corpus Christi for the election of a Mayor and eight Council Members;providing for procedures for holding such election; providing for notice of election and publication thereof, providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County; and a runoff election, if one is necessary, on December 13,2022; authorizing execution of a Joint Election Agreement with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. SUMMARY: This ordinance will allow for a general election to be held on November 8, 2022, to elect a Mayor and eight Council Members; and allow the City to enter into a joint election agreement with Nueces County. BACKGROUND AND FINDINGS: Per the City Charter, the regular election of the Mayor and eight Council Members shall be held on the November uniform election date of even-numbered years as authorized by State law. In the past, the City has conducted a joint election with Nueces County. ALTERNATIVES: None. FISCAL IMPACT: Based on the most recent final actuals for the 2020 general election and 2020 runoff election, in FY 2023, staff has budgeted a conservative amount of $200,000 for the general election and $180,000 for the runoff election, if necessary. Funding Detail: Fund: 1020 Organization/Activity: 10020 City Secretary's Office Mission Element: 714 Project# (CIP Only): N/A Account: 530000 Professional Services Note: Will be paid in FY2023. RECOMMENDATION: Approval of the ordinance. SUPPORTING DOCUMENTS: Ordinance Joint Election Agreement—Nueces County Contract for Election Services (Exhibit A) Ordinance ordering a general election to be held on November 8,2022,in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof, providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election,if one is necessary, on December 13, 2022; authorizing execution of a Joint Election Agreement with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. WHEREAS, the City Charter provides for the holding of a regular City election for Mayor and Council Members in the City of Corpus Christi, on the November Uniform Election Date in even- numbered years as authorized by State law, the same being November 8, 2022; with a runoff election, if one is necessary; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, and other provisions of the Election Code provide for notice, appointment of election officers to hold the election; and other matters related to the holding of the election; and WHEREAS, Nueces County will also be conducting an election on November 8, 2022. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A regular City election (hereinafter the "Election") for a Mayor and eight Council Members shall be held in the City of Corpus Christi, Texas on Tuesday, November 8, 2022. A runoff election shall be held, if one is necessary, on December 13, 2022. SECTION 2. At the Election, all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The names of candidates for the office of Mayor and the names of candidates for the office of the City Council members shall be placed on said ballot in manner and form prescribed by law. SECTION 4. The Hart InterCivic Verity direct recording equipment (DRE) shall be employed at the Election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as determined by the Nueces County Clerk(a list of which will be approved and attached hereto as Attachment A, and incorporated herein, when such polling places are determined by Nueces County). The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. Nueces County will ensure that its voting equipment complies with State law. SECTION 5. The City Secretary, or her designee, in coordination with the Nueces County Clerk (the Election Official)or the designee thereof, as necessary or desirable,will identify and formally approve the appointment of the Presiding Judges, Alternative Presiding Judges, Election Clerks, and all other election officials, together with any necessary changes to election practices and procedures and can correct, modify, or change the Attachments to this Ordinance based upon the 1 final locations and times agreed upon by the Election Official and the City to the extent permitted by applicable law. SECTION 6. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. The City Secretary is directed to provide such demographic data and information as required by law. SECTION 7. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first-floor lobby of the Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places as determined by the Nueces County Clerk (a list of which will be approved and attached hereto as Attachment B, and incorporated herein, when such temporary branch polling places are determined by Nueces County). Each branch polling place and the main early voting polling place shall serve all Election precincts. SECTION 8. The City Secretary is directed to post and publish such election notices as are required by the election laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of this State including but not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 9. The Election is expected to be conducted in accordance with an agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 8,2022(which shall be approved and attached hereto as Attachment C and incorporated herein). The City Manager or designee is authorized to execute a Joint Election Agreement with Nueces County for the conduct of the election in accordance with this ordinance. The terms of the Agreement will be consistent with the terms of the 2020 Joint Election Agreement. The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations. SECTION 10. By approving and signing this ordinance, the Mayor officially confirms and orders as the Mayor's actions all matters recited in this ordinance which by law come within the Mayor's jurisdiction. SECTION 11. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein 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 of its purpose. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of , 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 3 ATTACHMENT C AGREEMENT TO CONDUCT JOINT ELECTION BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY FOR THE NOVEMBER 8, 2022 ELECTION THE S TATE OF TEXAS § COUNTY OF NUECES § This Agreement to Conduct Joint Election (this "Contract") is entered into by and among City of Corpus Christi, apolitical subdivision of the State of Texas (the "CITY"), and Nueces County, a political subdivision of the State of Texas, (the "COUNTY"), each individually, a "Party" or, collectively, the "Parties," pursuant to Chapter 271 of the Texas Election Code. RECITALS WHEREAS, the CITY and the COUNTY each expect to call an election to be held on November 8, 2022 ("Election Day"); and WHEREAS, the CITY and the COUNTY desire to conduct such elections jointly pursuant to Chapter 271 of the Texas Election Code, and WHEREAS, the CITY and the COUNTY desire to enter into a contract setting out the respective responsibilities of the Parties; NOW,THEREFORE,the Parties agree as follows: ARTICLE I PURPOSE 1.01 The Parties have entered into this Contract to conduct a j oint election on November 8,2022. The purpose of this agreement is to maintain consistency and accessibility in voting practices, polling places, and election procedures in order to best assist the voters of the Parties. ARTICLE II JOINT ELECTION 2.01 The Parties agree to conduct their respective November 8, 2022 elections jointly pursuant to Chapter 271 of the Texas Election Code. The parties agree that early voting and regular Election Day voting shall be conducted jointly. Specifically, the Parties agree to the use of common polling places forboth early voting and Election Day. The Parties also agree that the election officers may be appointed to serve both elections. The Parties agree to use a single ballot where appropriate and that common equipment and ballot boxes may be used for both elections for all relevant purposes as provided in Chapter 271. ATTACHMENT C ARTICLE III TERM 3.01 Except as hereinafter set out, the term of this Contract shall be from the time of last execution until all items with respect to this Contract have been completed. ARTICLE IV CONTRACT FOR ELECTION SERVICES 4.01 The Parties acknowledge that they have each separately contracted for election services to be provided by Nueces County Election Officer for the elections (Exhibit A). The Nueces County Election Officer will serve as the Election Officer and the Early Voting Clerk for each Party for the joint election. ARTICLE V EACH PARTY RESPONSIBLE FOR ITS PRO RATA COST OF SERVICE AS BILLED 5.01 All costs incurred by the Parties attributable to the coordination, supervision, and running of the election and incurred on behalf of the Parties, including expenses for supplies in connection with the election school(s),election supplies,wages paid for election workers, any paper ballots to be used forthe election,and any other expenses reasonably and directly related to the election, including, without limitation, rental and programming of direct recording electronic voting devices and audio ballots shall be borne by the Parties based on their respective Election Services Agreement with the County Election Officer, and each Party will be responsible for their pro rata portion. ARTICLE VI GENERAL PROVISIONS 5.1 This Contract shall be construed under and in accordance with the laws ofthe State of Texas, and all obligations of the parties created hereunder are performable in Nueces County, Texas. 5.2 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been a part of the Contract. 5.3 This Contract constitutes the only agreement of the Parties hereto and supersedes any prior understanding or written or oral agreement between the parties respecting the written subject matter. ATTACHMENT C 5.4 No amendment, modification, or alteration of this Contract shall be binding unless it is in writing, dated subsequent to the date of the Contract and duly executed by all of the Parties. 5.5 Any notice to be given hereunder by any party to the other shall be in writing and may be affected by personal delivery, by certified mail, or by common carrier. Notice to a party shall be addressed as follows: CITY: Peter Zanoni City Manager 1201 Leopard Street Corpus Christi, TX 78401 COUNTY: Barbara Canales County Judge 901 Leopard Street Corpus Christi, TX 78401 Notice by hand-delivery is deemed effective immediately, notice by certified mail is deemed effective three days after deposit with aU.S. Postal Office or in aU.S. Mail Box, and notice by a common carrier,is deemed effective upon receipt. Each party may change the address for notice to it by giving notice of such change in accordance with the provisions of this Section. 5.6 City Secretary Rebecca Huerta is hereby designated the primary representative of the CITY to oversee and coordinate with the COUNTY and the County Election Officer in the conduct of the joint election. Executed to be effective this _day of 72022. CITY OF CORPUS CHRISTI: By: Peter Zanoni, City Manager Attest: Rebecca Huerta City Secretary Approved as to form: By: ATTACHMENT C Aimee Alcorn-Reed, Assistant City Attorney Executed to be effective the day of , 2022. NUECES COUNTY: By: Barbara Canales, County Judge Attest: Kara Sands, County Cleric EXHIBITA CONTRACT FOR ELECTION SERVICES THE STATE OF TEXAS COUNTY OF NUECES Pursuant to Texas Election Code Section 31.092 this Contract for Election Services is made by and between Nueces County hereinafter referred to as "the County", and Kara Sands, County Election Officer of Nueces County, Texas, and the City of Corpus Christi, hereinafter referred to as "the City," located entirely or partially inside the boundaries of Nueces County. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: GENERAL PROVISIONS The City of Corpus Christi, enters into agreement with the County Election Officer of Nueces County to conduct its General Election on November 8, 2022, held for the purpose of electing individuals to serve on the City of Corpus Christi's City Council. The County Election Officer agrees to conduct turnkey joint election services for City of Corpus Christi and other political subdivisions located entirely or partially inside the boundaries of Nueces County, for the purpose of voting on candidates elected to serve in the political subdivisions' governing bodies and/or certain propositions. Nueces County owns an electronic voting system, the Hart InterCivic Verity Voting System (Version 2.X), which has been duly approved by the Texas Secretary of State pursuant to Texas Election Code Chapter 122 as amended and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The City hereby contracts to use the County's electronic voting system in tandem with the County's elections services, and to compensate the County for such use and to share in other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. The City has agreed to hold a"JOINT ELECTION" with Nueces County on November 8, 2022 in accordance with Texas Election Code Chapter 271.002. The City agrees to appoint the County Election Officer to serve as the City's Election Officer as authorized in Chapter 271.005 of the Texas Election Code. The City has agreed to hold "JOINT EARLY VOTING' with Nueces County and shall appoint the County Election Officer to serve as the joint early voting clerk in accordance with Chapter 271.006 of the Texas Election Code. L DUTIES AND SERVICES OF ELECTION OFFICER As the City's Election Officer and Early Voting Clerk, the County Election Officer shall coordinate, supervise, and handle all aspects of administering the Joint Election and Early Voting as provided in this agreement in compliance with all applicable state and federal laws, unless specifically stated otherwise in this agreement. 1 EXHIBIT A The County Election Officer may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies and performance of duties during early voting and on Election Day, and for the efficient tabulation of ballots at the Central Counting Station. IL DUTIES AND RESPONSIBILITES OF POLITICAL SUBDIVISION The City shall be responsible for the preparation and publication of all required election orders, notices, and any other pertinent documents required by the Texas Election Code. The City shall provide a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and /or propositions are to appear on the official ballot in both English and Spanish. The City is responsible for proofing and attesting to the accuracy of all ballot language and format information programmed by the County. This includes any information programmed for use with the audio feature of the equipment. The City must provide approval by signature in person. III. VOTING The Hart InterCivic Verity direct recording equipment shall be employed at the joint election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi as set forth on Attachment A. Early voting in person may take place at each of the temporary branch polling places set forth on Attachment B. Voting by personal appearance shall be conducted exclusively on Nueces County's electronic voting system. The County Election Official will prepare the unofficial canvas reports that are necessary for compliance with Election Code Section 67.004 after all districts and precincts have been counted and will deliver a copy of these unofficial canvas reports to each political subdivision as soon as possible after all returns have been tabulated. Each participating political subdivision shall be responsible for the official canvas of its respective election(s). The County Election Official will prepare the electronic precinct-by-precinct results report for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The County Election Official agrees to upload these reports for each political subdivision unless requested otherwise. IV.ELECTION EXPENSES AND ALLOCATION COSTS The City agrees to share the costs of administering the Joint Election and Early Voting. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the number of registered voters within the County and participating Political Subdivisions. The County Election Official will submit a detailed bill to participating 2 EXHIBITA Political Subdivisions no later than 90 days after the Joint Election. V. RUNOFF ELECTION The City shall have the option of extending the terms of this agreement through its Runoff Election, if applicable. In the event of such Runoff Election,the terms of this agreement shall automatically extend unless the City notifies the County Election Officer in writing within three (3) business days of the original election. The parties agree that the Runoff Election, if necessary,will be held on December 13, 2022. Each participating political subdivision shall reserve the right to reduce the number of early voting locations and/or election day voting locations in a runoff election. VI. RECOUNTS By approval and execution of this agreement, the presiding officer of the contracting political subdivision agrees that any recount shall take place at the Office of the County Clerk, and that the County Clerk shall serve as the Recount Supervisor. VII. RECORDS OF THE ELECTION The County Election Officer is hereby appointed General Custodian of the voted ballots and all records of the November 8, 2022 Joint Election as authorized by Section 271.010 of the Texas Election Code. Records of the election shall be retained and disposed of in accordance with the provisions of Texas Election Code Section 66.058. VIII. MISCELLANEOUS PROVISIONS It is understood that the County may hold a joint election with other political subdivisions and the County Election Officer may enter into contracts for elections services with other political subdivisions. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Nueces County, Texas. In the event that one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid,illegal, or unenforceable provision had never been contained herein. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. The County Clerk shall file copies of this document with the Nueces County Judge and the Nueces County Auditor in accordance with Section 31.099 of the Texas Election Code. 3 EXHIBITA IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement on this day of 2022, with the effective date being the date of execution by last signatory. NUECES COUNTY Kara Sands Date Nueces County Clerk CITY OF CORPUS CHRISTI Peter Zanoni Date City Manager 4 �vs cr �o v NOflPORPY ED xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of August 16, 2022 DATE: August 16, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Gabriel Ramirez, Interim Director of Water Utilities gabrielra-cctexas.com (361) 826-1202 Heather Hurlbert, CPA, CGFO, Director of Finance & Procurement heatherh3a-cctexas.corr (361) 826-3227 Construction Contract Award Elevated Water Storage Tanks ACR Implementation Phase 3 CAPTION: Motion awarding a construction contract to Landmark Structures I, LP, Fort Worth, Texas, for Elevated Water Storage Tanks ACR Implementation Phase 3 project in an amount of $13,372,000.00 located in Council District 4, with FY 2022 funding available from the Water Capital Fund. SUMMARY: This motion awards a construction contract for the Elevated Water Storage Tanks ACR Implementation Phase 3 project. The project provides for the construction and painting of a composite type 3.0 MG water elevated storage tank (EST). The project will be in the Flour Bluff area of the City at the northwest site of Flour Bluff Drive and Division Road intersection. BACKGROUND AND FINDINGS: The existing Elevated Storage Tanks (EST) located at Pressure Zone 1 (mainland area from O.N. Stevens Water Treatment Plant to Laguna Madre) have inadequate volume and elevation to meet minimum storage requirements as defined by Texas Commission on Environmental Quality (TCEQ). Measures such as the implementation of generators at the City's pump stations and four (4) new elevated storage tanks (ESTs) within the systems will be needed for the city of Corpus Christi to meet TCEQ's storage requirements. The purpose of this project is to increase elevated storage capacity, increase pressures in Pressure Zone 1, and minimize water age. Recently, it was determined by the City that there is a significant amount of weak pipe in the distribution system that are unable to handle the higher pressure produced by the new ESTs. As a result, the City is implementing pumping systems and pressure reducing valves at each of the new elevated storage tanks, including the 3.0 MG EST proposed in this project, to allow the ESTs to be utilized and buy the City time to rehabilitate the weak distribution piping. This project will include erection and installation of foundation, pedestal and tank, piping, valving, pumps, electrical service, controls and instrumentation, SCADA and integration, backup power generation, site grading, utility improvements, access road, and security fencing. PROJECT TIMELINE: 2020-2022 2022 2022-2024 February - MayJ J A September - March Design Bid/Award Construction Project schedule reflects City Council award in August 2022 with anticipated completion in March 2024. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids. On July 13, 2022, the city received bids from two bidders. The City analyzed the bids in accordance with the contract documents and determined Landmark Structures I, LP as the lowest responsive and responsible bidder. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Landmark Structures I, LP $13,372,000.00 CB&I Storage Tank Solutions LLC $15,358,000.37 Engineer's Opinion of Probable Construction Cost $11,834,900.00 Landmark Structures 1, LP, has successfully completed numerous projects including Padre Island Elevated Water Storage Tank for the City of Corpus Christi. Landmark Structures 1, LP, has also successfully completed numerous elevated water tank projects in Texas and other States. ALTERNATIVES: City Council could choose not to award the construction contract to Landmark Structures 1, LP. This would delay the implementation of systems needed to meet TCEQ's requirements. It would also impact the City's ability to comply with the ACR Implementation Plan timeline potentially resulting in TCEQ fines. FISCAL IMPACT: The fiscal impact for the FY 2022 is an amount of$13,372,000.00 with funding available from the Water Capital Fund. FUNDING DETAIL: Fund: Water 2023 CIP (Fund 4486) Mission Elem: 041 (LINDistrWtr) Project: Elevated Water Storage Tanks ACR Implementation Phase 3 (Project E16290) Account: Construction (550910) Activity: E16290-01-4486-EXP Amount: $13,372,000 Year 1 (FY2022): $ 5,500,000 Year 2 (FY2023): $ 5,000,000 Year 3 (FY2024): $ 2,872,000 Total: $13,372,000 RECOMMENDATION: Staff recommends awarding the construction contract for the Elevated Water Storage Tanks ACR Implementation Phase 3 project to Landmark Structures I, LP in the amount of $13,372,000.00. The construction duration is planned for 18 months from issuance of the Notice to Proceed to begin construction in September 2022. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Bid Tab CIP Page PowerPoint Presentation u Gy PROJECT LOCATION N SCALE: N.T.S. mw p Doyle Q r••a �, O a ortland LOCATION MAP aw a �uoo NOT TO SCALE NUECES BAY r �L<roN c °Ra,°pR z SHIP o CORPUS CHRISTI o �op'9'Qa I Y ` g LEOPARD U Q a' z 44 CORPUS DNRISTI 286 PROJECT LOCATION INTERNATIONAL F AIRPORT � ORG 358 j Z Fq, ry �r W y N N O � 300 3 O TEXAS UNIVE CORPU Y00 m� 358 22 Q CABANISS 4 2 0S0 B aCORPUS CHRISTI FIELD Q NAVAL AIR STATION O h �4i 43 O 0a FLOUR BLUFF r 358 288 w � v 2444 Yoq �,P 3d' VICINITY MAP NOT TO SCALE PROJECT NUMBER: El 6290 ELEVATED WATER STORAGE TANK CITY COUNCIL EXHIBIT CITYWIDEACR IMPLEMENTATION CITY OF CORPUS CHRISTI,TEXAS PHASE3 DEPARTMENT OF ENGINEERING SERVICES fN� -�� •F� stn o- . _ �� �4. ,p �yw'ti y 40 4 k `10 SCALE: N.T.S. PROJECT LOCATION m w Q y �� . . w * �d a ,. 'q. In n O .4p y p A F Qj p.a w 7-7 qp IMF It w4 ti h a , . p �w 9 •i ,�4'd M §rW Y O� �y'•d •.:. �s q �F"YC�i.T r j0 w 4 A rEF 1h .� AERIAL MAP I PRO r j NOT TOSOALE JECT NUMBER: E16290 ELEVATED WATER STORAGE TANK CITY COUNCIL EXHIBIT CITYWIDEACR IMPLEMENTATION CITY OF CORPUS CHRISTI,TEXAS .. l PHASE3 DEPARTMENT OF ENGINEERING SERVICES TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:Grady Atkinson,P.E.-ANuna Group,Inc. BIO OPENING DATE:Wednesday,July 13,2022 at 2PNI Elevated Water Storage Tank-City Wide(ACR Implementation Phase 3) Landm ksnuctures CB&Istarage Tank Solutions,Llc. lfifis Harmon Road 915 N.Eldridge Pkwy City Project No.E16290(RFB 4208) Fort Worth,7x 76177 Houston,7x 770)9 Item Description Unit Quantity Unit Price Amount Unit Price Amount Part A-3.OMG ELEVATED STORAGE TANK Al Mobilization(Maximum of 5%of Contract Price) LS 1 $ 200,000.00 $ 200,000.00 $ 765,835.00 $ 765,835.00 A2 Bonds and Insurance(Maximum Allowance of 2%) AL 1 $ 220,000.00 $ 220,000.00 $ 307,160.00 $ 307,160.00 A3 3.OMG Composite Elevated Storage Tank&Pumping System LS 1 $ 10,572,000.00 $ 10,572,000.00 $ 12,170,052.00 $ 12,170,052.00 A4 Electrical Service LS 1 $ 398,926.00 $ 398,926.00 $ 471,995.00 $ 471,995.00 AS Instrument and SCADA Intergration LS 1 $ 270,000.00 $ 270,000.00 $ 410,100.00 $ 410,100.00 A6 Installation of Lighting LS 1 $ 100,000.00 $ 100,000.00 $ 116,274.00 $ 116,274.00 A7 Installation of CCTV LS 1 $ 30,000.00 $ 30,000.00 $ 56,700.00 $ 56,700.00 AS jInstallation of Standby Generator LS 1 $ 90,000.00 $ 90,000.00 $ 107,760.00 $ 107,760.00 A9 Antenna Provisions LS 1 $ 5,000.00 $ 5,000.00 $ 8,315.00 $ 8,315.00 A10 Allowance for Unanticipated Elevated Storage Tank Imp. AL 1 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 All Site Preparation ACRE 1.13 $ 60,000.00 $ 67,800.00 $ 31,949.00 $ 36,102.37 Al2 Fill Material Cy 570 $ 125.00 $ 71,250.00 $ 53.00 $ 30,210.00 A13 24"Waterline Connection EA 1 $ 15,000.00 $ 15,000.00 $ 26,624.00 $ 26,624.00 A14 24"Ductile Iron Pipe Waterline LF 53 $ 1,400.00 $ 74,200.00 $ 1,278.00 $ 67,734.00 AIS Restrained Flexible Coupling EA 2 $ 60,000.00 $ 120,000.00 $ 37,274.00 $ 74,548.00 A16 24"PVC Waterline LF 1 120 $ 750.00 $ 90,000.00 $ 852.00 $ 102,240.00 A17 Trench Safety for 24"PVC Waterline LF 120 $ 10.00 $ 1,200.00 $ 53.00 $ 6,360.00 A18 24"-45°Bend-Ductile Iron EA 4 $ 8,000.00 $ 32,000.00 $ 5,325.00 $ 21,300.00 A19 Fire Hydrant Assembly EA 1 $ 15,000.00 $ 15,000.00 $ 9,585.00 $ 9,585.00 A20 Concrete Splash Pad&Concrete Splash Pad Mod. EA 1 $ 34,000.00 $ 34,000.00 $ 21,299.00 $ 21,299.00 A21 Concrete Bollard EA 6 $ 1,000.00 $ 6,000.00 $ 532.00 $ 3,192.00 A22 Concrete Platform/Pipe Supports LS 1 $ 25,000.00 $ 25,000.00 $ 15,974.00 $ 15,974.00 A23 Generator Concrete Pad EA 1 $ 15,000.00 $ 15,000.00 $ 10,650.00 $ 10,650.00 A24 Slide Gate EA 1 $ 9,540.00 $ 9,540.00 $ 7,987.00 $ 7,987.00 A25 Security Fence LF 841 $ 60.00 $ 50,460.00 $ 80.00 $ 67,280.00 A26 4"Wastewater Line LF 137 $ 420.00 $ 57,540.00 $ 85.00 $ 11,645.00 A27 6"Wastewater Line LF 422 $ 500.00 $ 211,000.00 $ 133.00 $ 56,126.00 A28 Trench Safety for 6"Wastewater Line LF 559 $ 10.00 $ 5,590.00 $ 53.00 $ 29,627.00 A29 4"Cleanout EA 2 $ 1,300.00 $ 2,600.00 $ 2,130.00 $ 4,260.00 A30 Wastewater Manhole EA 2 $ 30,000.00 $ 60,000.00 $ 12,780.00 $ 25,560.00 A31 lWastewater Te-in EA 1 $ 13,000.00 $ 13,000.00 $ 10,650.00 $ 10,650.00 A32 18"Reinforced Concrete Pipe LF 369 $ 550.00 $ 202,950.00 $ 106.00 $ 39,114.00 A33 Concrete Headwall(TxDOT STD CH-PW-O) EA 2 $ 20,000.00 $ 40,000.00 $ 5,325.00 $ 10,650.00 A34 Concrete Rip-Rap Sy 75 $ 250.00 $ 18,750.00 $ 213.00 $ 15,975.00 A35 Ditch Regrading Sy 448 $ 100.00 $ 44,800.00 $ 21.00 $ 9,408.00 A36 Pavement Repair Sy 222 $ 100.00 $ 22,200.00 $ 106.00 $ 23,532.00 A37 7"Concrete Pavement Sy 420 $ 135.00 $ 56,700.00 $ 149.00 $ 62,580.00 A38 8"Lime Stablized Subgrade Sy 420 $ 25.00 $ 10,500.00 $ 53.00 $ 22,260.00 A39 Seeding Sy 3,914 $ 3.00 $ 11,742.00 $ 3.00 $ 11,742.00 AN Storm Water Pollution Prevention Plan LS1 $ 2,252.00 $ 2,252.00 $ 9,595.00 $ 9,595.00 A41 jAllowance for Unanticipated Site&Utility Imp. AL 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 SUBTOTAL PART A-3.OMG ELEVATED STORAGE TANK(Items Al thru A41) $ 13,372,000.00 $ 15,358,000.37 TOTAL PROJECT BASE BID(PART A) $ 13,372,000.00 $ 15,358,000.37 Capital Improvement Plan 2022 thril 2024 City of Corpus Christi, Texas Project# E16290 Project Name Elevated Water Storage Tanks- Citywide Type Improvement/Additions Department Water Department Useful Life 40 years Contact Director of Water Utilities Category Water Distribution Priority 2 Critical-Asset Condition Status Active Description The existing Elevated Storage Tanks(EST)have inadequate volume and elevation to meet minimum storage requirements as defined by Texas Commission on Environmental Quality(TCEQ). Here is the schedule and plan for the city of Corpus Christi to meet TCEQ's storage requirements. FY 22: Modifications to Holly and Rand Morgan Elevated Storage Tanks. Installation of pumps and pressure relief valves(PRVs). Begin construction of new EST in Flour Bluff on Division Road. FY 23: Begin construction of new EST on Nueces Bay Boulevard. FY 24: Complete construction of new EST in Flour Bluff on Division Road. FY 25: Complete construction of new EST on Nueces Bay Boulevard.Demolish old EST at Flour Bluff on Division Road,old EST on Morgan Avenue,and old ground storage tank(GST)at Holly Road. FY 26: Begin design of new EST at a yet to be determined site. Possibly near the Calallen area or Gollihar pending modeling. FY 27: Begin construction of new EST at a yet to be determined site.Possibly near the Calallen area or Gollihar pending modeling. FY 28: Continue construction of new EST at a yet to be determined site.Possibly near the Calallen area or Gollihar pending modeling. FY 29: Complete construction of new EST at a yet to be determined site.Possibly near the Calallen area or Gollihar pending modeling. Demolish old Alameda and Gollihar ESTs. Justification Consistency with the Comprehensive Plan:Policy Statements pp.48: 1,3&6;pp.55-57;Water Master Plan. This project will allow the city to meet its commitment to TCEQ.Higher tanks will additionally provide higher pressure and better pressure stabilization in the distribution system as required. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 9,544,023 5,500,000 5,000,000 5,000,000 25,044,023 Inspection 10,000 10,000 10,000 30,000 Design 980,304 980,304 Eng Admin Reimbursements 393,439 150,000 150,000 150,000 843,439 Total 10,917,766 5,660,000 5,160,000 5,160,000 26,897,766 Funding Sources Prior Years 2022 2023 2024 Total Revenue Bonds 10,917,766 5,660,000 5,160,000 5,160,000 26,897,766 Total 10,917,766 5,660,000 5,160,000 5,160,000 26,897,766 Budget Impact/Other 71 A reassessment will be done upon completion of project to determine on-going or maintenance costs. 307 Corpus Chr s[i Engineering Elevated Water Storage Tanks ACR Implementation Phase 3 Council Presentation Auust 16, 2022 9 Project Location Engineering N � SCALE:N.T.S. t CORPUS CHRISTI 'v+o unwar`�� 4� PROJECT LOCATION ��ciJEa�xiss OSO BAY nia sn FLOUR BLUFF 50 0 Z Project Scope Corpus chr sti Engineering A brief summary of proposed improvements is as follows: • Project will include but not limited to erection and installation of foundation, pedestal and tank, piping, valving, pumps, electrical service, controls and instrumentation, SCADA and integration, backup power generation, site grading, utility improvements, access road, and security fencing. 3 Project Vicinity Corpus Chr sCi Engineering PROJECT LOCATION s�ALE N r3 wi 414f LLte. � rt Project Schedule Corpus Chr sti Engineering 2020-2022 • 2022-2024 February - MayJ J A September - March Design Bid/Award Construction Projected Schedule reflects City Council award in August 2022 with anticipated completion in March 2024. so �o Ilk o AGENDA MEMORANDUM v Public Hearing & First Reading Ordinance for the City Council Meeting 08/16/2022 µCORPOR I Second Reading Ordinance for the Cit Council Meeting 08/23/2022 1852 DATE: July 15, 2022 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 1525 Morgan Avenue CAPTION: Case No. 0522-02, City of Corpus Christi (District 1): Ordinance rezoning property at or near 1525 Morgan Avenue (from the "CG-2" General Commercial District and the "RS-TF" Two-Family District to the "CN-1" Neighborhood Commercial District.) SUMMARY: The purpose of this rezoning is to allow for a Public/Civic Use, specifically for the construction of a new fire station. BACKGROUND AND FINDINGS: The subject property is 1.3 Acre. To the north, properties are zoned "CG-2" General Commercial, "ON" Neighborhood Office, and "RS-TF" Two-Family District with Commercial and Light Density Residential uses, and a few vacant. To the south, "CN-1" Neighborhood Commercial District and "RS-TF"Two-Family District with Light Density Residential and Medium Density Residential uses, and a few vacant. To the east, "RM-3" Multifamily District and "ON" Neighborhood Office District with Public/Semi-Public, Light Density Residential, Medium Density Residential, and Commercial uses. To the west, "RS-6" Single-Family 6 District, "ON" Neighborhood Office District, and "CG- 2" General Commercial District with Light Density Residential, Professional, and General Commercial uses. The proposed Fire Station is a replacement of the aging Fire Station #3, which was constructed in 1954, and is located adjacent to the subject property. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency and considering public input, staff proposes approval of the change of zoning. Conformity to City Policy The proposed rezoning is consistent with the Future Land Use Map and many broader elements of the Comprehensive Plan and has direct access to an arterial street and commercial uses, and is adjacent to non-residential zoning. Public Input Process Number of Notices Mailed 40 within 200-foot notification area 2 outside notification area As of August 12, 2022: I n Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0 % of the 200-foot notification area* is in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition ALTERNATIVES: 1. Denial of the rezoning from the "CG-2" General Commercial District and "RS-TF" Two-Family District to the "CN-1" Neighborhood Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the change of zoning from the "CG-2" General Commercial District and "RS-TF" Two-Family District to the "CN-1" Neighborhood Commercial District on June 29, 2022. Vote Count.- For: ount:For: 7 Opposed: 0 Absent: 2 Abstained: 0 Staff recommended approval of the change of zoning from the "CG-2" General Commercial District and "RS-TF"Two-Family District to the"CN-1" Neighborhood Commercial District on June 29, 2022. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0522-02 City of Corpus Christi: (District 1) Ordinance rezoning a property at or near 1525 Morgan Avenue from the "CG-2" General Commercial District and "RS-TF" Two-Family District to the "CN-1" Neighborhood Commercial District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Portions of lots 21 Through 29, lots 33 through 44, Block 1001 , Bay Terrace 2, as shown in Exhibit "A": From the "CG-2" General Commercial District and "RS-TF" Two-Family District to the "CN-1" Neighborhood Commercial District. The subject property is located at or near 1525 Morgan Avenue. Exhibit A, which is a metes and bounds description and associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 6 Exhibit A URBAN ENGINEERING Job No-43201.0 1 15 May 23,2022 Exhibit A 1.2315 -k c re Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotm for a 1236 Am Tract of Land. compHing rioylior,; of[-ots 'I 11,rou-1i `0 ind I through 44, Mock I M,1. BjI errace NO- '.2 \-Ijll - -,vhic;i ., i,-,:jrded i Map Recortk of Cvunt�. lexis:said 1.= i, I r, fulh tollows. Beginning.at the intcrscc I ion of the apparent'I,,.k 1, I JJC public road N4 ay,and the apparent Last R igh 1-o I 1 1 , - c 1, .,, L, idc public roadkay,on the West boundan, line of ;ild 1 and i,- -mi 100i, t'0rtn,: Qst corner 11f thio Trac t; T h crim North (15'41",0" V4ist, with I tic i- 1 1, 1 1) ov cr and acnim" the slid Blink hill, 280.37 I'Vet. to the iri(crscci itin ot'di,, i, , .,: i I it-,,[ 0, r. 1 etc and the apparent West Right- Ot'-Wa,k line of 12'ISirco,a 70 Foot sl ide 1, 1 1, 1 ,1.1 on the I ,i houndarti fitw oftlic ,aid Vot 27 and III, said Block 1001.for the Northcast Thence.South .;1`2,'34-East,with the c, ii %n boumfiii line of the sifid We Right-all-W.iN 1111L':incl the said 131o)ck 1011, at Q6.4 I Feet i;_ imum I ,tamped "CH Y ()I, CORM 7S (1 IRIS FI" Found, in all 151.65 Feet.it,a 5,'8 Ioi,h I i Id. 71-1 a r�d cap%tamped"VIMAN JiVilt C'('-I'X" Set.K.-ing the Nonheat comer ot'l -1 I' :ii ; ��I­k I I fir flic Southeast comer ofthc said Lot 21 and ihi, Tract: 'I hvilvv- ,�,.Jlk S 4.+ " West, with th, I ,71d the CofflYnk PTI 1%R1 r,1-11 11 r)L I the Said 1.L-i t I and I Inch Iron Rod%61h;L 111 J,11L CA[l Miirnl)cE' EIRIS_l I k til P', I I said l,k-Rs 20.21.44 ii,J 4'�1.CIlic Naid PI-A 10 i. In ajj iL, I L,1 .1 the said apparent 1:9.1 Right-of-lNiy I ;i , .-f 1i 11ce Boulevard, ,,. i I ,,I i i-i i [,(its.11 mid Ir-�it J!o- ,i J MkiA 1001, ILI[ the'�- 1-1 1 c,.I comer of this I i-i,i I S`,-Survey h*A3 20 hC I 15tOFFJCFNIETES AND HoU NDS',FN4.3 201 CI 15 1.236 Acm 202211523.Dnc%Xagc I of 2 OFFICF:1361)85 4-3 101 2725 S WAN TNF.R DR.9 COR P1 I S('11 R1 S 11,'1 L X A%,78404 F AN(361)954-(4)U I www-urbancAlLcom I 13ft firm P 145*TBPLS Firm It 10032400 Page 4 of 6 Thence,.North 31'20'41" N est,with the common boundary tine of the said East Right-of-Way Line and the said Block 1001, 279.60 Feet, to the Point of Beginning. containing 1.236 Acres (53,841 SyFt)of Land,more or less. Grid Brarrings and Distance t rhnwI n hereon are referenced(,the I e:vii Coordinatc System of 1983,1'exas South Zone4205.and are bawd un the North.ArnerlL an E?awrn of 1 t)8.i(_'01 1)Epmh 2010.00. d a !�•: thiti in.IudInE pi-camble, seal and sipa hire. appears in its entirety. n i:ti iqWW'd 1k'•rrll. "ter Its tIC:IICJL"'.. .'ti.Mi+ ��•��'At?'i.'i'iT.:'. alr�s;7J?1?J}n �P.i':��T IM \N 1.\M llN l 1k1\6i 1p• lsrC BRIM'D'AVID LtTRENT'SON � � asst. 1irIan D.Lorent:,oiI, R.P.I..1+. License No. 6839 ti •�r:il�i-: rrp. i+'Illi Il�'�?FFIti�i ,111.11.ti:ltilrtislt.�l75'�,FN1i?01C'Ili_1_?�1SAcret_�tYwZfl�23-[h.-�xPage2irf2 in FICL(361)851.3101 272-�SWANINF.R CTR.•CORPUS CHRISTI.TEXAS 7$404 FAX(361)9544,04)1 w'"-W t WMW.CQM TOPE Finn& 145 . rart.s Fi m U 10032400 Page 5 of 6 ON C RS- TF ON RS- TF -M LO RS- TF ON CGj-2 CG-2 G-2 SUBJECT MORGANAVE PROPERTY cn co m m m OM m R M —3 rz RS- TSF RM- RM-3 R S--6 ON ,A RS- TF N- 1 � CASE: 0522-02 SUBJECT PROPERTY WITH ZONING Portlan(l Subject Property Corpus Christ I d -A I F�iF. F,,,,1.D;. ..... SUBJECT\ D1+Lr... ,,-e -ii,r.,,!,D- i D,.i,, PROPERTY F'6 F,,I�D D Il,­D-11 —A F,w D,- IC....... PC-11 plill 3, Di l 5 P Sp,I'l P,nfl� T-1? T I I I D L', 11l n�A 1-� I--Fw, D 11 City of P T 1.—,.1 COFPLIS L— D'10 c 1111"li Esrl.HERE,ILOCATION MAP v, Page 6 of 6 ZONING REPORT Case # 0522-02 Applicant & Subject Property City Council District: 1 Owner: City of Corpus Christi Applicant: City of Corpus Christi Address and Location: 1525 Morgan Avenue and 1411 12th Street, located along the south side of Morgan Avenue, east of South Brownlee Boulevard, and west of 12th Street. Legal Description: Portions of lots 21 through 29, lots 33 through 44, Block 1001 , Bay Terrace 2. Acreage of Subject Property: 1 .3 acres Zoning Request From: "CG-2" General Commercial District and "RS-TF" Two-Family District To: "CN-1" Neighborhood Commercial District Purpose of Request: To allow for a Public/Civic Use (the construction of a new fire station). Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "CG-2" General Commercial, Vacant Government and "RS-TF" Two-Family "CG-2" General Commercial, Commercial, Low Density Medium Density North "ON" Neighborhood Office, Residential, and Vacant Residential, Mixed and "RS-TF" Two Family Use "CN-1" Neighborhood Low Density Residential, Medium Density South Commercial, and "RS-TF" Medium Density Residential, Residential, High Two-Family and Vacant Density Residential,and Mixed Use Public/Semi-Public, Low Medium Density East "RM-3" Multifamily, and "ON" Density Residential, Medium Residential, Mixed Neighborhood Office Density Residential, and Use Commercial "RS-6" Single-Family 6, "ON" Low Density Residential, Medium Density West Neighborhood Office, "CG-2" Professional Office, and Residential, and and General Commercial Commercial Commercial Plat Status: Property is platted. Air Installation Compatibility Use Zone (AICUZ): No. Code Violations: None. Transportation and Circulation FOR Morgan Avenue, South Brownlee Street, and 12th Street Designation-Urban Section Proposed Section Existing Morgan Street Avenue "A1" Minor Arterial 95' R.O.W. 4 Lanes, 60 Feet Zoning Report Page 2 Designation-Urban Section Proposed Section Existing S. Brownlee Street Blvd "C1" 2 Lanes Minor Collector 60' ROW70 Feet Designation-Urban Section Proposed Section Existing 12th Street Street Local Residential 60' R.O.W. 2 Lanes, 70 Feet Bicycle Infrastructure Distance to Bicycle Network3 Segment Proposed Segment Existing Approximately 0.23 mile east of the subject 1-Cycle Track (Both Sides) None property, along Alameda Street Approximately 0.43 miles west of the Buffered Bike Lane None subject property, along Alameda Street Transit: The Corpus Christi RTA provides transit services via Bus Route 17 Carrol/Southside with a bus stop immediately north of Morgan Avenue along the west side of S. Brownlee Boulevard, and another immediately south of Morgan Avenue along the east side of S. Brownlee Boulevard toward the Staples Street Station. Both stops are also serviced by the Route 5 Alameda bus. Transit services are also offered via Bus Route 23 Molina with a bus stop immediately west on 10th street, along the south side of Morgan Avenue to the Staples Street Station, and another stop west of Prescott Street along the north side of Morgan Avenue with West Point Road as the destination. Utilities Gas: 2-inch WS gas service line located along 12th street and portion of Morgan Avenue. Stormwater: 54-inch RCP storm pipe located along the Morgan Avenue frontage. Wastewater: 27-inch Clay wastewater line located along the 12th Street frontage, and an 8" HDPE onsite. Water: 12-inch ACP waterline located along the S. Brownlee Blvd frontage, and 10-inch ACP water line located along the Morgan Avenue and 12th Street frontage. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Southeast Area Development Plan (Adopted July 11 , 1995, update currently underway). Future Land Use Map: Government Water Master Plan, Wastewater Master Plan, Stormwater Master Plan: Currently, there are no proposed improvements. Zoning Report Page 3 Public Notification Number of Notices Mailed —40 within 200-foot notification area —2 outside 200-foot notification area In Opposition — 0 inside notification area — 0 inside notification area 0% in opposition within the 200-foot notification area Public Hearing Schedule Planning Commission Hearing Date: June 29, 2022 City Council 1St Reading/Public Hearing Date: August 16, 2022 City Council 2nd Reading Date: August 23, 2022 Comprehensive Plan Consistency: Plan CC: The proposed rezoning consistent with following Goals and Strategies for Decision Makers: • Future Land Use, Zoning and Urban Design • Promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. • Encourage orderly growth of residential, commercial, and industrial areas. • Housing and Neighborhoods • Encourage appropriate transitions between commercial and residential developments and between high and low-density residential developments. Future Land Use Map: The proposed rezoning is consistent with the Future Land Use Map. • Government Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning. It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose of the rezoning request and conducted research into the properties land development history to include platting, zoning, existing surrounding land uses and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of comprehensive plan. As a result of the above analysis staff notes the following: • The proposed rezoning is consistent with the Future Land Use Map and consistent with many broader elements of the with the Comprehensive Plan. • The proposed rezoning has direct access to an arterial street and commercial uses and is adjacent to nonresidential zoning. • The proposed Fire Station is a replacement for the aging Fire Station #3 which was constructed in 1954 and is located adjacent to the subject property. Zoning Report Page 4 After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency and considering public input, staff proposes approval of the change of zoning. Staff Recommendation (June 29, 2022): Approval of the change of zoning from the "CG-2" General Commercial District and "RS-TF" Two-Family District to the "CN-1" Neighborhood Commercial District. Attachments: A. Location Map (Existing Zoning & Notice Area) Zoning Report Page 5 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA ON CN- 1 ON RS- TF RS- TF R_M,_3 RS- TF ON R__M-� CG- 2 CG-2 39 32 31 38 37 36 35 34 33 30 40 SUBJECT MORGAN AVE CG- 1 PROPERTY 1Z� z 0�4 5A 22 1 P��SG 23 21 m 206 m 24 19 5 z 2.5 7 x: 4 .0'r N m 26 1,7� R S- T+F 9 32 R M�3 16 0 28 15 10 29 11 14PA 13 RM- RM-3 R S--6 a'ao Z f� L ON N� RS- TF CN- 1 V. CASE: 0522-02 Zoning and notice Area ortland y ,gl RM-1 Multifamllyl IL Ligh[Industrial RM-2 Mulfifamily2 IH Heavy Industrial RM-3 Mulllfamlly 3 PUD Planned Unit DevOverlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 5ingle-Family6 Corpus C N.1 Neighborhood Commercial RSL.S Single-Family 4.5 CN-2 Net hbonccod Commercial RS-TF Two-Family C.hristl CR d Resort Comm...-I RS.15 Single.Famlly 15 bstown . CR-2 Resort Commercial RE Reaid—tml Estate CG-1 Genera l Commercial RS-TH Townhouse CG-2 General Commercial SP Special Pormit CI miens ve eeirrntareial RV Rccreallonal vei,lcle P.rk SUBJECT CBO Downtown Commercial RMH Manufactured Home PROPERTY CR-3 Re son Cornrnercial FR Farm Rural HHistoric Overlay BP Business Park Sl,ecr?ir;ne:"i O Ca'ss ,moo. CItV Of, C c)1pUs Esri,HERE. - 'f Christi LOCATION MAP Zoning Case 0522-02 s. a City of Corpus Christi O0 IVN ~F` DISTRICT 1 G- Rezoning for a property at 1525 Morgan Avenue I, �. From "CG-2" and "RS-TF" to "CN-1" r. Lp� P ' Lr.:lru.•li a s SUBJECT\ y .r PROPERTY - L.lli flLl4 i3 'IF City Council August 16, 2022 Zoning and Land Use oN Proposed Use: $ TF', ----I Public/Civic Use-Government Facility -TF D ru I ' �_ RS-TF Area Development Plan: r i Southeast Area Development Plan ,ro�nNA� Future Land Use Map: oGovernment spa Existing Zoning: "CG-2" General Commercial and "RS-TF Two-Family Og�O g70 Adjacent Land Uses: Og�O�a g�0 North: Commercial, Light Density Residential, and Rne 3 commercial, and vacant NAS South: Light Density Residential, Medium Density RS- Residential, and Vacant East: Public/Semi-Public, Light Density Residential, ON Medium Density Residential, and Commercial N-I West: Light Density Residential, Professional Office, and Commercial Public Notification 40 Notices mailed inside 200' buffer °N ,---- ,11 RS-TF 2 Notice(s) mailed outside 200' buffer 1 -�0N II --71 i— I -TF-1 IRS-TFC CR ----I I I --j I CG-2 r---SII ICG-2 Notification Area II ,b 37 31 I Y ma�rnxave Opposed: 0 (0.00%) Separate Opposed Owners: 0 fi In Favor: 0.45 (0.00%) 10 14 RM RM-3 N RS- "Notified property owner's land in SQF/Total square xis footage of all property in the notification area = ON Percentage of public opposition. N•r Staff Analysis & Recommendation • The proposed rezoning is consistent with the Future Land Use Map and consistent with many broader elements of the with the Comprehensive Plan. • The proposed rezoning has direct access to an arterial street and commercial uses and is adjacent to nonresidential zoning. • The proposed Fire Station is a replacement for the aging Fire Station #3 which was constructed in 1954 and is located adjacent to the subject property. STAFF RECOMMENDATION: Approval of the rezoning from the "CG-2" General Commercial District and the "RS-TF" Two-Family District to the "CN-1" Neighborhood Commercial District. t O^N RS - TF ON RM�- . A CG - 2 CG - 2 ,A SUBJECT MORGAN AVE C G - 2 PROPERTY z PRS m m At Z z R S - -5- -i ,.,, . ,�R M - 1 ., N �` �r � RA 3 R S`- 6 � O N RS - TF CASE: 0522-02 Aerial View Portiand `���� Subject Property C Or pti s i 1Christ SUBJECT\ PROPERTY City of CorpuS Esri, HERE, Christi LOCATION MAP so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 One Reading Ordinance—City Council Meeting of August 16, 2022 DATE: August 16, 2022 TO: Mayor and Council City Manager Peter Zanoni FROM: Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Jeffrey Edmonds, P.E., Director, Engineering Services ieffreye(a)cctexas.com (361) 826-3729 Ordinance Ordering a Special Election — Bond 2022 CAPTION: One-Reading Ordinance calling for a special election for Bond 2022 Program to be held on November 8, 2022, in the City of Corpus Christi for the authorization of bond issuances for the City by ad valorem taxes totaling $125 million without a property tax rate increase to fund 32 projects under the following propositions: Streets ($92.5 million), Parks ($20 million), Public Safety ($10 million) and Libraries ($2.5 million). PURPOSE: The purpose of this Agenda Item is to call for a special election to be held on November 8, 2022 and authorize the bond issuance for the listed propositions. Four propositions (A—D)are being proposed for the upcoming November 8, 2022, Special (Bond) Election: Proposition A: Streets - $92.5M Proposition B: Parks and Recreation - $20M Proposition C: Public Safety - $10M Proposition D: Libraries - $2.5M BACKGROUND: The City of Corpus Christi has biennially approved and implemented two-year General Obligation Bond programs that consist of citywide projects that are approved by voters. It has been anticipated that this cycle would continue with Bond 2022. In recent months, staff has developed a project list from needs identified, in part, in the City's Capital Improvement Plan (CIP) recommended to City Council utilizing the following principles: • Focus on Major Citywide Signature Projects • Rough Proportionality • Improve Public Safety Facility • Focused on projects creating Economic Development • Enhance functionality of Recreational Areas • Investment in Major Corridors • Increase road capacity • Increase Connectivity • Project Continuation On July 19th, City Council approved a resolution detailing 32 projects for the Bond 2022 program totaling $125 million. Four propositions (A– D) are being proposed for the Special (Bond) Election to be considered by the voters on November 8, 2022: Proposition A: Streets - $92.5M Proposition B: Parks and Recreation - $20M Proposition C: Public Safety - $10M Proposition D: Libraries - $2.5M RECOMMENDATION: Staff recommends Council adopt an ordinance that orders a special election to be held on November 8, 2022, in the City of Corpus Christi, on the questions of authorizing bond issuances for Bond 2022. ALTERNATIVES: The Council can modify or remove any of the propositions. FISCAL IMPACT: The Bond 2022 totals $125 million. The projects listed in the Bond 2022 program can be accomplished without a property tax rate increase. The $125 million will be funded through general obligation bonds through City ad valorem taxes collected in the Interest & Sinking Fund. LIST OF SUPPORTING DOCUMENTS: Ordinance–Ordering a Special Election for Bond 2022 Presentation—Bond 2022 Program Summary Bond 2022 Program Summary Project List ORDINANCE Ordering a special election to be held on November 8, 2022, in the City of Corpus Christi, on the questions of authorizing bond issuances of the City supported by ad valorem taxes; providing for procedures for holding such election; providing for notice of election and publication thereof, providing for the establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance WHEREAS, the City Council (the Council) of the CITY OF CORPUS CHRISTI, TEXAS (the City),located in Nueces,Aransas,Kleberg, and San Patricio Counties,Texas,hereby finds and determines that an election should be held to determine whether the Council shall be authorized to issue general obligation bonds of the City in the amounts and for the purposes hereinafter identified (the Special Election);and WHEREAS, the City will conduct the Special Election jointly with Nueces County (the County) and with other political subdivisions (such other political subdivisions, collectively, the Participants) for whom the County is also conducting their elections, as provided pursuant to the provisions of one or more joint election agreements or contracts among the City, the County, and the Participants, entered into in accordance with the provisions of Section 271.002 of the Texas Election Code, as amended (the Election Code),or other applicable law; and WHEREAS,pursuant to the aforementioned joint election agreement,the County will conduct all aspects of the Special Election on the City's behalf, and WHEREAS, the Council hereby finds and determines that it is in the best interests of the City to enter into one or more election agreements or contracts with the County and the Participants to conduct the Special Election in accordance with the laws of the State of Texas (the State) and applicable federal laws;and WHEREAS, the Council hereby finds and determines that the necessity to construct various capital improvements within the City necessitates that it is in the public interest to call and hold the Special Election at the earliest possible date to authorize the issuance of general obligation bonds for the purposes hereinafter identified; and WHEREAS, concurrently with the Special Election (and as a joint election with the County and any other Participants), the City will, pursuant to the City Charter of the City and by separate ordinance adopted by the Council on the date hereof, conduct its regular City election for Mayor and members of the Council(along with any necessary runoff election)(such regular election,the General Election); and WHEREAS, after full review and consideration of each project listed under all of the propositions described below (City of Corpus Christi Propositions A, B, C and D), the Council hereby finds and determines that each project is necessary for a public purpose and is in the best interests of the City and the residents of the City; and -I- WHEREAS, the Council hereby finds, directs and determines that the policy and procedure enumerated as section 2-109 of the City Code will not be followed; and WHEREAS,the Council hereby finds and determines that the actions hereinbefore described are in the best interests of the qualified voters of the City;now,therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS THAT: SECTION 1. The Special Election shall be held in the CITY OF CORPUS CHRISTI, TEXAS on the 8th day of November, 2022 (Election Day), which is a uniform election date under the Election Code, and is not less than seventy-eight (78) days nor more than ninety (90) days from the date of the adoption of this ordinance (the Ordinance), for the purpose of submitting the following propositions (collectively,the Propositions)to the qualified voters of the City: CITY OF CORPUS CHRISTI PROPOSITION A STREETS "Shall the City Council of the City of Corpus Christi,Texas be authorized, in accordance with applicable law, to issue and sell one or more series of general obligation bonds of the City, in the aggregate principal amount of not more than $92,500,000 with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, demolishing, constructing, renovating, improving, reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system), with priority given to the following street projects: - McCampbell Road,generally from Agnes Street to Leopard Street - Yorktown Boulevard,generally from Rodd Field Road to Oso Creek Bridge - Beach Access Road,generally from State Highway 361 to beach - Starlite Lane,generally from Violet Road to Leopard Street - Surfside Boulevard,generally from Breakwater Avenue to Elm Street - Upper/Middle/Lower Broadway Street,generally from Coopers Alley to Twigg Street - Alameda Street,generally from Airline Road to Everhart Road including Avalon Street, generally from Everhart to Alameda and Robert Drive,generally from Alameda to Avalon - Alameda Street,generally from Texan Trail to Doddridge Street - Bonner Drive,generally from Everhart Road to Flynn Parkway - Carroll Lane,generally from South Padre Island Drive to Holly Road - Martin Street,generally from Holly Road to Dorado Street - Flour Bluff Drive,generally from Yorktown Boulevard to Don Patricio Road - Holly Road,generally from Ennis Joslin Road to Paul Jones Avenue - Timbergate Drive,generally from Snowgoose Road to Staples Street - Aaron Drive,generally from Saratoga Boulevard to Summer Winds Drive -2- and in providing for the above public improvements, the City Council shall have the option to (i)utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason) do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion,use any excess funds for constructing, reconstructing, restructuring, and extending other streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system); provided, however and notwithstanding the foregoing, if the City Council has determined that other funds are received for Yorktown Boulevard, generally from Rodd Field Road to Oso Creek Bridge, then priority for those proceeds will be given to Yorktown Boulevard, generally from Oso Creek Bridge to Laguna Shores; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected,within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?" CITY OF CORPUS CHRISTI PROPOSITION B PARKS AND RECREATION "Shall the City Council of the City of Corpus Christi,Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $20,000,000 with such series or bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, demolishing, constructing, renovating, improving, expanding, and equipping City parks and recreation facilities, and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system),with priority given to the following projects: - Bill Witt Park Aquatic Facility Construction - Oso Golf Center Clubhouse - Holly Road Railroad Trestle to Trail - Greenwood Sports Complex Improvements - Labonte Park Expansion and Improvements - North Beach Eco Park - Park Recreation Masterplan Improvements for Cole, Commodore, and St. Denis Parks and in providing for the above public improvements, the City Council shall have the option to(i)utilize other funds available for such purposes and(ii)abandon such indicated -3- public improvements that are reliant, in part, on external sources of funding that (for whatever reason)do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for designing, demolishing, constructing, renovating, improving, expanding, and equipping City parks and recreation facilities, and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system);and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law,annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?" CITY OF CORPUS CHRISTI PROPOSITION C PUBLIC SAFETY "Shall the City Council of the City of Corpus Christi,Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $10,000,000 with such series or bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, demolishing, constructing, renovating, improving, expanding, upgrading and equipping City public safety facilities, and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system),with priority given to the following projects: - Corpus Christi Fire Station#8 - Corpus Christi Fire Station#10 - Corpus Christi Fire Department Resource Center - Corpus Christi Police Substation-Far South - Corpus Christi Police Substation-Annaville (Calallen) and in providing for the above public improvements, the City Council shall have the option to(i)utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason)do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for designing, demolishing, constructing, renovating, improving, expanding, and equipping City public safety facilities, and acquiring lands and rights-of-way necessary thereto or incidental therewith(but specifically excluding related City utility costs,which are the responsibility of the City's utility system); and shall the City Council be authorized to levy and pledge, -4- and cause to be assessed and collected,within the limitations prescribed by law,annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? CITY OF CORPUS CHRISTI PROPOSITION D LIBRARIES "Shall the City Council of the City of Corpus Christi,Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $2,500,000 with such series or bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, demolishing, constructing, renovating, improving, expanding, upgrading and equipping City public libraries,and acquiring lands and rights-of-way necessary thereto or incidental therewith(but specifically excluding related City utility costs,which are the responsibility of the City's utility system),with priority given to the following projects: - La Retama Central Library Renovation and in providing for the above public improvements, the City Council shall have the option to(i)utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason)do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for designing, demolishing, constructing, renovating, improving, expanding, and equipping City public libraries, and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? SECTION 2. The official ballot shall be prepared in accordance with the Election Code, as amended, so as to permit voters to vote "FOR" or "AGAINST" the aforesaid propositions which shall appear on the ballot substantially as follows: City of Corpus Christi Proposition A(Streets) The issuance of bonds for designing, demolishing, constructing, renovating, improving, reconstructing, restructuring, extending and making permanent street, sidewalk,drainage and any related improvements in the aggregate principal amount not to exceed $92,500,000, and levying a tax in payment thereof, with -5- priority given to the following: McCampbell Road,generally from Agnes to Leopard;Yorktown Boulevard,generally from Rodd Field to Oso Creek Bridge;Beach Access Road,generally from State Highway 361 to beach; Starlite Lane, generally from Violet to Leopard; Surfside Boulevard, generally from Breakwater to Elm; Upper/Middle/Lower Broadway, generally from Coopers Alley to Twigg; Alameda Street,generally from Airline to Everhart, including Avalon Street, generally from Everhart to Alameda, and Robert Drive,generally from Alameda to Avalon;Alameda Street,generally from Texan Trail to Doddridge; Bonner Drive,generally from Everhart to Flynn;Carroll Lane, generally from South Padre Island Drive to Holly; Martin Street, generally from Holly to Dorado; Flour Bluff Drive, generally from Yorktown to Don Patricio; Holly Road, generally from Ennis Joslin Road to Paul Jones Avenue; Timbergate Drive, generally from Snowgoose Road to Staples Street; Aaron Drive, generally from Saratoga Boulevard to Summer Winds Drive City of Corpus Christi Proposition B (Parks and Recreation) The issuance of bonds for designing, demolishing, constructing, renovating, improving, expanding and equipping park and recreational facilities in the aggregate principal amount not to exceed $20,000,000 and levying a tax in payment thereof,with priority given to the following: - Bill Witt Park Aquatic Facility Construction - Oso Golf Center Clubhouse - Holly Road Railroad Trestle to Trail - Greenwood Sports Complex Improvements - Labonte Park Expansion and Improvements - North Beach Eco Park - Park Recreation Masterplan Improvements for Cole, Commodore, and St. Denis Parks City of Corpus Christi Proposition C (Public Safety) The issuance of bonds for designing, demolishing, constructing, renovating, improving, expanding, upgrading and equipping public safety facilities in the aggregate principal amount not to exceed $10,000,000 and levying a tax in payment thereof,with priority given to the following: - Corpus Christi Fire Station#8 - Corpus Christi Fire Station#10 - Corpus Christi Fire Department Resource Center - Corpus Christi Police Substation-Far South - Corpus Christi Police Substation-Annaville (Calallen) City of Corpus Christi Proposition D(Libraries) The issuance of bonds for designing, demolishing, constructing, renovating, improving, expanding, upgrading and equipping public libraries in the aggregate principal amount not to exceed $2,500,000 and levying a tax in payment thereof,with priority given to the following: - La Retama Central Library Renovation -6- SECTION 3. The City election precincts hereby established for the purpose of holding the Special Election and the polling places hereby designated for holding the Special Election in the City election precincts are identified in Exhibit A to this Ordinance, and this Exhibit A is hereby incorporated by reference into this Ordinance for all purposes. Nueces County participates in the Countywide Polling Place Program under Section 43.007, as amended, Texas Election Code, meaning that any City voter registered in Nueces County can vote in the Election at any polling place identified in Exhibit A for Nueces County. The City Secretary or designee, in coordination with the County's election administrator (the Administrator) or the designee thereof, as necessary or desirable,will identify and formally approve the appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election officials for the Special Election, together with any other necessary changes to election practices and procedures and can correct,modify,or change the Exhibits to this Ordinance based upon the final locations and times agreed upon by the Administrator, the City, and the Participants to the extent permitted by applicable law. The Presiding Judge shall appoint not less than two resident qualified voters of the County to act as clerks in order to properly conduct the Special Election. To the extent required by the Election Code or other applicable law, the appointment of these clerks must include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on Election Day. If the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. In the absence of the Presiding Judge,the Alternate Presiding Judge shall perform the duties of the Presiding Judge of the election precinct. On Election Day,the polls shall be open from 7:00 a.m.to 7:00 p.m. The main early voting location is designated in Exhibit B to this Ordinance (which is hereby incorporated herein by reference for all purposes). The individual named as the Early Voting Clerk as designated in Exhibit B is hereby appointed as the Early Voting Clerk to conduct such early voting in the Special Election. The Early Voting Clerk shall appoint the Deputy Early Voting Clerks. This main early voting location shall remain open to permit early voting on the days and at the times as stated in Exhibit B. Early voting shall commence as provided on Exhibit B and continue through the date set forth on Exhibit B,all as provided by the provisions of the Election Code. Additionally, permanent branch offices for early voting by personal appearance shall be established and maintained in accordance with the Election Code. The locations, dates, and hours of operation for early voting at these offices (being the permanent branch offices) shall be determined by the Administrator,as identified in Exhibit B hereto. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. The individual designated in Exhibit B as the Presiding Judge of the Early Voting Ballot Board is hereby appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two resident qualified voters of the County to serve as members of the Early Voting Ballot Board. SECTION 4. A Direct Recording Electronic (DRE) voting machine shall be employed at each of the polling locations utilized for the Special Election in accordance with the Election Code; provided,however, in the event the use of such DRE is not practicable, the Special Election may be conducted on Election Day by the use of paper ballots (except as otherwise provided in this section). DRE or paper ballots may be used for early voting by personal appearance (except as otherwise provided in this section). Pursuant to Section 61.012 of the Election Code, the City shall provide at least one -7- accessible voting system in each polling place used in the Special Election. Such voting system shall comply with State and federal laws establishing the requirement for voting systems that permit voters with physical disabilities to cast a secret ballot. Paper ballots, touch screen voting machines, and/or such other legally-permissible voting methods may be used for early voting and Election Day voting by personal appearance. Certain early voting may be conducted by mail. SECTION 5. The City shall also utilize a Central Counting Station(the Station) as provided by Section 127.001, et seq. of the Election Code. The Administrator, or the designee thereof, is hereby appointed as the Manager and Presiding Judge of the Station and may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the provisions of the Election Code. The Council hereby appoints the Administrator, or the designee thereof, as the Tabulation Supervisor and the Administrator, or his designee, as the Programmer for the Station. Lastly, the Administrator will publish notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions of the Election Code. SECTION 6. In accordance with Section 52.072(c) of the Election Code, the Propositions shall appear on the City's ballot after the listing of offices that are the subject of the General Election. SECTION 7. All resident qualified voters of the City shall be permitted to vote at the Special Election, and on Election Day, such voters shall vote at the designated polling places. The Special Election shall be held and conducted in accordance with the provisions of the Election Code and Chapters 1251 and 1331, as amended, Texas Government Code (collectively, the Election Laws), and as may be required by any other law. All materials and proceedings relating to the Special Election shall be printed in both English and Spanish. SECTION 8. Notice of election, including a Spanish translation thereof, shall be published on the same day in each of two successive weeks in a newspaper of general circulation in the City; the first of these publications to appear in such newspaper no more than 30 days, and not less than 14 days, prior to Election Day. Moreover,a substantial copy of this Ordinance and the voter information attached as Exhibit C, including a Spanish translation thereof, shall be posted (i) at City Hall not less than 21 days prior to Election Day; (ii) at three additional public places within the City not less than 21 days prior to Election Day; (III) in a prominent location at each polling place on Election Day and during early voting; and (iv) in a prominent location on the City's internet website not less than 21 days prior to Election Day. The City Secretary is directed to post and publish such Special Election notices as specified above and as required by the Election Laws. SECTION 9. As required by and in accordance with Section 3.009(b)(5) and (7) through (9) of the Texas Election Code, the City, as of the date of this Ordinance, had outstanding an aggregate ad valorem tax-supported principal amount of debt equal to $491,320,000; the aggregate amount of the interest owed on such City debt obligations, through respective maturity,totaled$143,672,602; and the City levied an ad valorem debt service tax rate for its outstanding debt obligations of$0.219458 per$100 of taxable assessed valuation. Of the aforementioned City debt, the City considers $85,733,844 and $20,307,839 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$0.219458 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 City), though the City projects no tax rate increase for the issuance of bonds that are the subject of this Ordinance.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. -8- SECTION 10. The Council hereby appoints the City Secretary as the authority and officer responsible for the conduct of the Special Election and is hereby authorized and directed to make all necessary arrangements for the holding of the Special Election in accordance with the Elections Laws, which obligations include (but are not limited to) coordinating the Special Election process and negotiating, entering into, and carrying out the terms and provisions of one or more joint election agreements or contracts with the County and any Participants in accordance with the provisions of the Election Code. To the extent that any duty or obligation of the City, in general, or the City Secretary, in particular, is properly delegated to the County pursuant to a joint election agreement, then the County's carrying out those duties and obligations on the City's behalf pursuant to the terms of such joint election agreement shall be binding upon the City and are hereby determined by the Council to be evidence of the City's compliance with the provisions of the Election Laws relative to the same. By incorporating all essential terms necessary for a joint election agreement, this Ordinance is intended to satisfy Section 271.002(d) of the Election Code, without further action of the City Council. To the extent needed or desirable,the Administrator is hereby appointed joint custodian of voted ballots for the purposes of 31.096 of the Election Code. In addition, the City Manager and the City Secretary, individually or in concert and as necessary or desired, are hereby authorized and entitled to make such technical modifications to this Ordinance that are necessary for compliance with applicable State or federal law (including the Election Laws) or to carry out the intent of the Council,as evidenced herein. SECTION 11. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 12. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 13. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 14. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 15. It is officially found, determined, and declared that the meeting at which this Ordinance was adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance,was given, all as required by Chapter 551,as amended,Texas Government Code. SECTION 16. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. -9- THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on August 16, 2022, ordering a special election to be held on November 8, 2022, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time,place and purpose of said meeting was given,all as required by Texas Government Code,Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City,on 12022. City Secretary (CITY SEAL) S-2 PASSED AND APPROVED on this the day of , 2022 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the Section 16 of the foregoing ordinance,state law supersedes the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we,therefore,request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith S-3 APPROVED , 2022 Miles Risley City Attorney S-3 EXHIBIT A ELECTION PRECINCTS AND ELECTION DAY POLLING LOCATIONS Election Day: Tuesday,November 8,2022 Election Day Polling Locations open from 7:00 a.m.to 7:00 p.m. Nueces County participates in the Countywide Polling Place program under Section 43.007,as amended, Texas Election Code. Registered voters will be able to cast their Election Day ballots at any of the Vote Centers identified below. [Aransas County,Kleberg County and San Patricio County also participate in Countywide Polling Place programs.] [TO BE INSERTED—POLLING PLACES IN THE REGULARLY-PRESCRIBED PRECINCTS OF THE CITY OF CORPUS CHRISTI] [The remainder of this page intentionally left blank.] A-I EXHIBIT B MAIN AND PERMANENT BRANCH POLLING PLACES,DATES,AND TIMES Early voting begins Monday,October 24,2022 and ends on Friday,November 4,2022 Early Voting Clerk: Early Voting Clerk's address: 901 Leopard Corpus Christi,Texas 78401 Presiding Judge of the Early Voting Ballot Board: Location.Dates&Hours of Main Early Voting Polling Place Nueces County Courthouse 901 Leopard Corpus Christi,Texas 78401 [TO BE INSERTED—DATES AND HOURS FOR VOTING] Dates Times Any voter who is entitled to vote an early ballot by personal appearance may do so at the Main Early Voting Site. [The remainder of this page intentionally left blank.] B-1 Location, Dates & Hours of Permanent Branch Polling Places [TO BE INSERTED—PERMANENT BRANCH POLLING PLACES AND DAYS AND HOURS FOR VOTING] EARLY VOTING BY MAIL: Applications for voting by mail should be mailed to be received no earlier than Friday, , 2022, and no later than the close of business(4:30 p.m.)on Friday, 12022. Applications should be mailed to: Kara Sands,County Clerk Nueces County,Texas P.O.Box 2627 Corpus Christi,Texas 78403 [The remainder of this page intentionally left blank.] B-2 EXHIBIT C VOTER INFORMATION DOCUMENT City of Corpus Christi, Texas Proposition A (Streets): ❑FOR The issuance of bonds for designing, demolishing, constructing, renovating, improving, reconstructing,restructuring,extending and making permanent street,sidewalk,drainage and any ❑ AGAINST related improvements in the aggregate principal amount not to exceed$92,500,000,and levying a tax in payment thereof,with priority given to the following: McCampbell Road,generally from Agnes to Leopard;Yorktown Boulevard,generally from Rodd Field to Oso Creek Bridge; Beach Access Road, generally from State Highway 361 to beach; Starlite Lane, generally from Violet to Leopard; Surfside Boulevard, generally from Breakwater to Elm; Upper/Middle/Lower Broadway,generally from Coopers Alley to Twigg;Alameda Street,generally from Airline to Everhart, including Avalon Street, generally from Everhart to Alameda, and Robert Drive, generally from Alameda to Avalon;Alameda Street,generally from Texan Trail to Doddridge;Bonner Drive,generally from Everhart to Flynn;Carroll Lane, generally from South Padre Island Drive to Holly; Martin Street, generally from Holly to Dorado; Flour Bluff Drive, generally from Yorktown to Don Patricio;Holly Road,generally from Ennis Joslin Road to Paul Jones Avenue; Timbergate Drive, generally from Snowgoose Road to Staples Street; Aaron Drive, generally from Saratoga Boulevard to Summer Winds Drive principal of debt obligations to be authorized $92,500,000 estimated interest for the debt obligations to be authorized presuming an interest rate $55,004,333 of 5.00% estimated combined principal and interest required to pay on time and in full the debt $147,504,333 obligations to be authorized amortized over 20 years as of the date the election was ordered,principal of all outstanding debt obligations $491,320,000 as of the date the election was ordered,the estimated interest on all outstanding debt $143,672,602 obligations as of the date the election was ordered,the estimated combined principal and interest $634,992,602 required to pay on time and in full all outstanding debt obligations amortized over 20 years estimated maximum annual increase in the amount of taxes on a residence homestead $0.00 with an appraised value of$100,000 to repay the debt obligations to be authorized,if approved This figure assumes the amortization of the City's debt obligations,including outstanding debt obligations and the proposed debt obligation;changes in estimated future appraised values within the City;and the assumed interest rate on the proposed debt obligations. C-1 VOTER INFORMATION DOCUMENT City of Corpus Christi, Texas Proposition B (Parks and Recreation): ❑FOR The issuance of bonds for designing,demolishing,constructing,renovating,improving, expanding and equipping park and recreational facilities in the aggregate principal amount not ❑ AGAINST to exceed$20,000,000 and levying a tax in payment thereof,with priority given to the following: - Bill Witt Park Aquatic Facility Construction - Oso Golf Center Clubhouse - Holly Road Railroad Trestle to Trail - Greenwood Sports Complex Improvements - Labonte Park Expansion and Improvements - North Beach Eco Park - Park Recreation Masterplan Improvements for Cole,Commodore,and St.Denis Parks principal of debt obligations to be authorized $20,000,000 estimated interest for the debt obligations to be authorized presuming an interest rate $11,889,167 of 5.00% estimated combined principal and interest required to pay on time and in full the debt $31,889,167 obligations to be authorized amortized over 20 years as of the date the election was ordered,principal of all outstanding debt obligations $491,320,000 as of the date the election was ordered,the estimated interest on all outstanding debt $143,672,602 obligations as of the date the election was ordered,the estimated combined principal and interest $634,992,602 required to pay on time and in full all outstanding debt obligations amortized over 20 ears estimated maximum annual increase in the amount of taxes on a residence homestead $0.00 with an appraised value of$100,000 to repay the debt obligations to be authorized,if approved This figure assumes the amortization of the City's debt obligations,including outstanding debt obligations and the proposed debt obligation;changes in estimated future appraised values within the City;and the assumed interest rate on the proposed debt obligations. C-2 VOTER INFORMATION DOCUMENT City of Corpus Christi, Texas Proposition C (Public Safety): ❑FOR The issuance of bonds for designing,demolishing,constructing,renovating,improving, expanding,upgrading and equipping public safety facilities in the aggregate principal amount ❑ AGAINST not to exceed $10,000,000 and levying a tax in payment thereof,with priority given to the following: — Corpus Christi Fire Station#8 — Corpus Christi Fire Station#10 — Corpus Christi Fire Department Resource Center — Corpus Christi Police Substation—Far South — Corpus Christi Police Substation-Annaville(Calallen) principal of debt obligations to be authorized $10,000,000 estimated interest for the debt obligations to be authorized presuming an interest rate $5,946,333 of 5.00% estimated combined principal and interest required to pay on time and in full the debt $15,946,333 obligations to be authorized amortized over 20 years as of the date the election was ordered,principal of all outstanding debt obligations $491,320,000 as of the date the election was ordered,the estimated interest on all outstanding debt $143,672,602 obligations as of the date the election was ordered,the estimated combined principal and interest $634,992,602 required to pay on time and in full all outstanding debt obligations amortized over 20 years estimated maximum annual increase in the amount of taxes on a residence homestead $0.00 with an appraised value of$100,000 to repay the debt obligations to be authorized,if approved This figure assumes the amortization of the City's debt obligations,including outstanding debt obligations and the proposed debt obligation;changes in estimated future appraised values within the City;and the assumed interest rate on the proposed debt obligations. C-3 VOTER INFORMATION DOCUMENT City of Corpus Christi, Texas Proposition D (Libraries): ❑FOR The issuance of bonds for designing, demolishing, constructing, renovating, improving, expanding, upgrading and equipping public libraries in the aggregate principal amount not to ❑ AGAINST exceed $2,500,000 and levying a tax in payment thereof,with priority given to the following: - La Retama Central Library Renovation principal of debt obligations to be authorized $2,500,000 estimated interest for the debt obligations to be authorized presuming an interest rate $1,486,583 of 5.00% estimated combined principal and interest required to pay on time and in full the debt $3,986,583 obligations to be authorized amortized over 20 years as of the date the election was ordered,principal of all outstanding debt obligations $491,320,000 as of the date the election was ordered,the estimated interest on all outstanding debt $143,672,602 obligations as of the date the election was ordered,the estimated combined principal and interest $634,992,602 required to pay on time and in full all outstanding debt obligations amortized over 20 years estimated maximum annual increase in the amount of taxes on a residence homestead $0.00 with an appraised value of$100,000 to repay the debt obligations to be authorized,if approved This figure assumes the amortization of the City's debt obligations,including outstanding debt obligations and the proposed debt obligation;changes in estimated future appraised values within the City;and the assumed interest rate on the proposed debt obligations. C4 Bond 2022 Program Special Election August 16, 2022 KEY DATES FOR BOND 2022 Date Activity May 10, 2022 Council Briefing of Bond 2022 Allocation May 11, 2022—June 30, 2022 One-on-One Briefings w/ Mayor, Councilmembers and Stakeholders July 19, 2022 Bond Proposal Presentation to City Council w/ Resolution July 26, 2022 FY 2023 Budget Presentation August 16, 2022 One Reading Ordinance-Calling Election for Bond 2022 November 8, 2022 Bond Election BOND 2020 Project Summa J ry • $75 Million • 42 Projects • 70% Voter Approval Rating • Service Delivery: • 42 of 42 projects are currently in design • 22 of 42 projects will be in construction by November 2022 - BOND 2022 Project Summary Proposition Number of Projects Total Allocation (%) Streets 15 $92.5M 74% Parks 11 $20M 16% Public Safety 5 $10M 8% Library 1 $2.5M 2% Total 32 $125M 100% "Bond 2022 can be accomplished with no city property tax rate increase ROUGH PROPORTIONALITY • Bond Benefits all Council Districts Evenly Proposed Bond 2022 Program Rough Proportionality a Public Streets $12,300,000 $15,300,000 $12,000,000 $15,200,000 $6,300,000 $31,400,000 $92,500,000 Public Safety $10,000,000 $10,000,000 Public Libraries $2,500,000 $2,500,000 Public Parks $1,625,000 $1,125,000 $4,700,000 $1,500,000 $10,300,000 $750,000 $20,000,000 Totals $16,425,000 $16,425,000 $16,700,000 $16,700,000 $16,600,000 $42,150,000 $125,000,000 ,Percentage 13.14% 13.14% 13.36% 13.36% 13.28% 33.72% $0 SPECIAL ELECTION • Will be held in concurrence with the General Election • Presents a GO Bond for public consideration • Ballot will contain four propositions: • Proposition A— Streets • Proposition B — Parks and Recreation • Proposition C — Public Safety • Proposition D — Libraries IW Proposition A - Streets CITY OF CORPUS CHRISTI PROPOSITION STREETS `Shall the City Council ofthe City ofCorpus Christi,Texas be authorized,in accordance with applicable 1aw,to issue and sell one or more series of general obligation bands of the City,in the aggregate principal amount of not more than 59'_,500,000 with such series or issues of bands,respectively,to mature serially or othemi within not toCity of Corpus Christi PropositipnA(Streets) ceed forty years from their date and to be sold at such prices and bear interest at such rates(whether fixed,floating,variable,or otherwise,but in no case at a rate that execeds The issuauce of bonds for designing,derrolislung constructing,renovating,improving,reconstructing, the maximum rate per annum authorized by applicable law at the time of any such restructuring,extendipg and making permanent street,sidewalk,drainage and any related improvements in issuance),as shall all be determined within the discretion of the City Council,for the the aggregate principal amount not to exceed$92,500,000,and levying a tax in payment thereof,with purpose of making permanent public improvements or for other public purposes,to wit: priority given to the following: designing, demolishing, constructing, renovating, improving, reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way sidewalks,streetscapes,collectors,drainage,landscape,signage,acquiring lands and MCCamobellRoad,generally fromAgtes to Leopard;Yorktown Boulevard,generally from Rodd Field rights-of-way necessary thereto or incidental therewith(but specifically excluding related to Oso(reek Bridge;Beach Access Road,generally from State Highway 361 to beach;StarTe Lane, city utility costs,which me the responsibility of the City's utility system),with priority generally from Violet to Leopard; Surfside Boulevard, generally from Brealavater to Elm; given to the fallowing street proj ects: UpperAliddlelLower Broadway,generally fiora Cooper's Alley to Twigg:Alameda Street generally from Airline to Everhart,including Avalon Street,generally from Everrnrt to Aknueda,and Robert MCCamobell Road,generally from Agnes Street to Leopard Street Drive,generally from Alameda to Avalon;Alameda Street,generally from Texan Trail to Doddridge; - Yorktown Boulevard,generally GomRodd Field Road to oso CreekBrdge Bonner Drive,generallyfrom Everhart to Flynn;Beach Access Road,generally from state Highway 361 to beach Carroll Lane,generally from South Padre[eland H Starhte Lane,generally from Violet Road to Leopard Street to Do Drive to Holly;Martin Street,generally from Holly to Dorado;Flour Bluff Drive,generally Surfside Boulevard,generally from Breakwater Avemte to Elm Street from Yorktown to Don Patricia;Holly Road,generally from Ennis Joslin Road to Paul Janes UppedMiddlatsaver Broadway Street.generally finny Cooper's Alley-to Twigg Street Avenue;Tim,_,_„,bergate Drive,generally from Sn�ose Road to Staples Street;Aaron Drive, Alameda Street generally ficnh Airline Road to Eyerticrt Road including Avalon Street, generally from Saratoga Boulevard to Summer Winds Drive generally mmnEverthsri to Alameda and Robert Drive,generallyfrom Nunedato Avalon amed Ala Street generally from Texan Trait to Doddridge Street BonneDrive,generally fixnn Everhart Road to Flynn Parkway Carrell Lane,generally from South Padre Island Drive to Holly Road Martin Street,generally from Holly Road to Dorado Street Flour Bluff Drive,generally from Yorktown Boulevard to Don Patricio Road Holly Road,generally from Ennis Joslin Road to Paul Jones Avenue im Tbereate Drive,generally from SItosvgoase Road to Staples Street Aaron Drive,generally from Saratoga Boulevard to Summer Winds Drive ** Note: Ordinance includes language to allow for flexibility with the Yorktown Boulevard Project t '-, Proposition B — Parks and Recreation CITY OF CORPUS=ISTI PROPOSITIONB P?.RKC a�D RECREATION "Shall the City Conned of tl"Cite of Corp':._Clttisti.Texas be andtotized,in accordanw with applicable 1—to is;n bonds of than It,,C_�:.i d rn the aggregate}tiucipel at¢unt of$'(�J(,)(0)e o•i ouch rse ornbond,, respectively,to mau_e setiaLLy or otherwise�c-thio yet:o exceed focry yeses from their date and to be sold at s hp,,ces and beat-me est et such rates(whether fixed, floating,v iable,or othencI—but in m case It e tele It exceeds the maximum late pet an¢ authorized hw appficnbfe lew at-he c - Stich issuance),as shall C be determined«-rm tae d—,""'of Ie CIt cot�tt�h.rot me".pose ofmaking City of Corpus Christi Pr000sitioa B(Parks and Recreation) pemta—pnblk i p_,�I_ztt,o - ott- ,uhlic pt,o� to t:designing, demolishing pr I di_ 'yp gCityparks The issuance of bonds for designing,demolishin constructing.I'enovattr improving,ea andm and and recreat faedlr._.ante acgnnmg land and �h-,t .,._tat'w merem or g� g� P g•...�........g mcidemal merewim cs speeiecalq exemding relaad cep-n_un-costs.«Dien are me equipping park and recreational facilities in the aggregate principal amount not to exceed$20,000,000 responsibility of the c_t,'s utility system),with priori}g_I,m the ft El__Ig proje_ and levying a tax in payment thereof,with priority given to the following: Bill wilt Pu..1pnatic Facility Construction 0 Graf een.et uebhon:e - Bill Witt Park Aquatic Facility Construction IT 11,Road RedeocI Trestle m T-1 - Oso Golf Center Clubhouse Greccao.d Spmc C utples1n vcmentx L�zboate Pers.Expusloa:ad 1,,,_—mens - Holly Road Railroad Trestle to Trail I-,Ream Eco Patle - Greenwood Sports Complex Improvements P,1, m,(,I,,a"-,,J,-,snd D"I, - Labonte Park Expansion and Improvements ,ad h 't for:he a I:m_;_opt :he eIt, I-I smh hese the - North Beach Eco Parc option I I _1- tl,t f ds a-:h-1 l,1,I npntpo_e,end n.l_�sI,Ih I,d--d - ParkRecreation Masterplan Improvements for Cole,Commodore,and Denis Parks p ihh,II, _iWii e i_pat unL a _iii�f r hate 11, '1 I'd 1. mels rhe p e�pei I �Inn�e ��d-rs-n J C ��.L ti eitet m I rue pto�i' f fl imp ,t hs.etl^I��r o de,-­ a t .he I;u l;lic 1 n:p:e' n-ill no[proc i cul_ tofore d...I-d` _ it dix huJ_t,t dmgmng, dmol14,I, _ expanding i•y-.__liu_City parks nd t: t e ,n I I - L� ,td rights-of , v thaato or 'd uaLatl i h bt-sI; I-eticlu ii - Iced City tIt,IIt I, 1-h are the responsibll I, I he itc -ht and-,_1.he Cit•C 'I L -u Itotized to le,7 aad pledge 11-_,to be I and cel I.t-ithin I oiti p:esuibed Sy law annnaL 1 I .....p_d iu[he Cd, 8' to pay the mous) t rest cud t ,JlIt outls dt ma—t u,d to pay the costs of my credit ,e..ue�t .. .. 8 -' Proposition C - Public Safety CITY OF CORPUS CHRISTI PROPOSITION PLBLIC SAFETY' "Shall the City Council of the Cry of Corpus C1.11 1.Texas be authorized,in accordance with applicable 1,, r -. Duds of the City,in one or more series or issues and n the aggre zate I;riucipo Pe act of$10,000,000 with such se or bead, espectively..oe etiany o otherwise within not to exceed forty years from ,herr date and to Se`old at such prices and bear interest at such rates(whether fixed, Cin'of Cornus Christi Pronasi[ion C,Public Safehl f_oati,ts,variable,o,othencise.but in no case at a rate that exweds the mosrate 1:=,athh -_ ;apptcable law at the time of any such iasnanee),as shall The issuance of bonds for designing, demolishing. ConSMICTing,renovating, improving, expanding, ib 11 I 1 re:. -t-,t, t'::ration of the airy Conmca,far the purpose of making upgrading and equipping public safety facilities in the aggregate principal amount not to exceed p"tuarl at pnbhe i up:"'I eats or for other public purposes, to wit: designing demolishing constrict v. renovating,improving,expanding,upgrading and equipping $10,000,000 and levying a tax in payment thereof.withpriority given to the following: City public safety facilites,and acquiring lands and rights-of-way necessary thereto or incidental therewith(bur spoetically excluding related City utility costs,which are the responsibility of the City's utility system),with priority given to the following projects: — Corpus Christi Fire Station 08(Kostor'Road) - Corpus Christi Fire Station#10(Horne Road) Carpus Clvisti Fire Braden-s ixesrn anad) - Corpus Christi Fire Department Resource Center Corp I F i -o Horne Road) - Corpus Christi Police Substation-Far South Corp I ._Fn'L 1 h:Resouhce Center corp»_clv.;r_Ponce sW'1,ion—F,S-m — Corpus Christi Police Substation-Annaville(Calallen) Corpus 1ti— Police SW';n.iuu---u _II,e(Colallen) and in 1�`7 I 1=blr iu1� ...........he h,:l sl-LI hate tlhe prion ry Iii .I' -.the,Pin --d,ble fors t p poses e 1 uieus h A,rted } Ll''unl�.t� tuts,.i- uh part.C extemaL -,t iudiva that for hat- .. i�u_. _:L.Ceuseunforeseen ch uh fart:: - m "1_1d,-i hl_l.a_eh w :_ ede2_mined by the C -o xiL hJ a8e,rt,1,-itie prof ishan for thelnl ,t listed above or Je2vuuuve thht.he i,IH,iripi,=Inco:project will not proceed to,e,eason heretofore described,the Cin-Cone:I may.uh it- di...on 'use any eti.ass Muds for designing demolishing,constn-ins.oe ovatine.nol—ving,expanding.:nd e 1.f_,ping City public safety£acilities,and acquiring lauds .iud rights-o£-way nece_sin thete,o or incidental therewith(but specif dr,exclhifng,el:,=d Cit,utility costs. hi,h ate rhe responsibiliry of the City's utility, .h]rye C Council be a tl -ed ro kc hJ pledse. and cause to be assessed said I ..I.%,'i'hi-,the limitations l il;eJ b�.1. .. 'J valorem hexes on all taxable property it.tie I r,sufficient to P, the annual i a—st and siNcing food to pay the bands at marl, and to pay the Costs o.m,Cted,a'—'ments ecuted in correction with the bands- 9 A Ohl, Proposition D - Libraries CITY OF CORPUS CHRISTI PROPOSITIOND LIBRARIES "Shall the City Council fthe Ciryof Corpus Christi,Tex.s be authorized.1......'dance with applicable law,to issue bonds of the City,in one or mot:or:'tes or issues and in the aggregate principal amount of$2,500,000—th such or bends, espectively,to manse seriaty or otherwise within not to exceed fern, r.rs f oro Ciry of Corpus Christi Proposition D(Libraries) their date and to be sold at such prices and bear iut,:elt or"u _otz,iv,hzthu fixed, floating,variable,or 0'erwise.but in no case at a(eta tit"e's the"""'m n�n m rote The issuance of bonds for designing, demolishing, constructing, renovating, improving, expanding, per annum authorized by applicable law at the r ua o. s=such issuaucel lin shaE au be determined within the li—etion of ce CIt.Cot,a.il for the Ecu—of hnaking upgrading and equipping public libraries in the aggregate principal amount not to exceed$2,500,000 and pem,anent public improv....t- or for otL,t ,&h, par_poses, to v,t: designing, levying a tax in payment theneof,with priority given to the following: demelishiva.constructing, re ocotins.i p_ot i-�ti_t..i lila .upgrading and equipping Cny pt t_ir_ -and acq ta,ds ai I t of-ic cneetsmy thereto orincidental there,aimficallp e t :elated l til n-cos. -hare the responsibility - La Retama Central Library Renovation of the Ci`�i lI It,„stem I o the fo_1 l o'ie.ts. - La Retama Central Library Renovation and in providing for the above public improvements,the City Council shall have the option to(J utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant,in pact,on external sources of funding that(for whatever reason)do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise o sa e . ry(as determined by the City Council),and after making due provisi.n for the imprevernom,listed above o determining that the public improvement project will not proceed for a reason heretofore described,the City Council may,in its discretion,use any excess funds for designing, demolishing,constmcting,renovating,improving,expanding,and equipping City public libraries,and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs,which are the resp.nsibiliry of the City's utility system);and shag the City Council be authorized to levy and pledge,and se to be assessed and collected,within the limitations prescribed by law,annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds' 10 Other Supporting Activities • Website: Bond 2022 1 City of Corpus Christi (cctexas.com) • Informational Booklet • Video • District Briefings ✓ District 1 —August 8, 2022 ✓ District 2 —August 10, 2022 ✓ District 3—August 11, 2022 ✓ District 4—August 15, 2022 ✓ District 5—August 17, 2022 --' Recommendation Staff recommends Council adopt an ordinance that orders a special election to be held on November 8, 2022, in the City of Corpus Christi, on the questions of authorizing bond issuances for Bond 2022. Bond 2022 Program Summary Program Details • $125 million o Streets--$92.5 million (74%) o Parks--$20 million (16%) o Public Safety--$10 million (8%) o Library--$2.5 million (2%) • 32 projects • No property tax rate increase District Projects: • Citywide o Streets: ■ McCampbell (Agnes to Leopard) --$7 million ■ Yorktown (Rodd field to Oso Bridge) --$20 million ■ Beach Access (SH 361 to Beach) --$4.4 million o Parks: ■ Oso Golf Center—Club House planning and Design --$750,000 • District 1 o Streets: ■ Starlite (Violet to Leopard) --$8.1 million ■ Surfside (Breakwater to Elm) --$1.6 million ■ Upper/Middle/Lower Broadway (Cooper's Alley to Twigg) --$2.6 million o Parks: ■ Labonte Park Expansion--$1.5 million ■ North Beach Eco Park--$100,000 o Public Safety: ■ Calallen Police Sub-station-41 million o Library: ■ La Retama Exterior Improvements--$2.5 million • District 2 o Streets: ■ Alameda (Airline to Everhart) --$13.3 million ■ Alameda (Texan to Doddridge) --$2 million o Parks: ■ Cole Park Playground Rehab & Improvements--$1.125 million o Public Safety: ■ Fire Station 8 Replacement--$2 million • District 3 o Streets: ■ Bonner (Everhart to Flynn) --$4.2 million ■ Carroll (Padre Island to Holly) --$5.1 million ■ Martin (Holly to Dorado) --$2.7 million o Parks: ■ City Sports Complex Improvements --$4.7 million o Public Safety: ■ Fire Station 10 Replacement--$2 million ■ CCFD Resource Center-Phase 2 --$1 million • District 4 o Streets: ■ Flour Bluff(Yorktown to Don Patricio) --$14 million ■ Holly Road Design (Ennis Joslin to Paul Jones) --$1.2 million o Parks: ■ Flour Bluff Holly Road Railroad Trestle to Trail --$500,000 ■ Commodore Park Community Center site plan --$1 million • District 5 o Streets: ■ Timbergate (Snowgoose to Staples) --$3.5 million ■ Aaron Dr. (Saratoga to Summer Winds) --$2.8 million o Parks: ■ Bill Witt Phase 1: Lap/Competition Pool Construction --$10 million ■ St. Denis Park site plan --$300,000 o Public Safety: ■ Far South Police Sub-Station --$4 million se G� aaRpoppEo AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 16, 2022 DATE: August 16, 2022 TO: Peter Zanoni, City Manager FROM: Gabriel Hinojosa, Interim-Director of Public Works gabrielh(a)cctexas.com (361) 826-1877 Amendment to Code of Ordinances Chapter 49 (Related to Installation of Sidewalk Cafes and Parklets) CAPTION: Ordinance amending Chapter 49 of the Corpus Christi Code of Ordinances to add Article IX, Sidewalk Cafes, Parklets and Pedlets in City right of way in the Downtown Area to authorize the closure and use of portions of public right-of-way to facilitate the use of public sidewalks and parking areas for the sale or provision of food and beverages outdoors; and providing for a penalty. SUMMARY: The ordinance proposes to amend Chapter 49 to add Article IX to add City Requirements for Sidewalk Cafes, Parklets and Pedlets in the City Right-of-Way in the Downtown Area. BACKGROUND AND FINDINGS: On March 22, 2022, the City Council enacted Ordinance No. 032702 authorizing a temporary pilot program for parklets in the downtown area, specifically for a parklet to be located in front of Lucy's Snackbar at 312 N. Chapparal, Corpus Christi, Texas. This proposed ordinance will amend Chapter 49 of the Corpus Christi Code of Ordinances to add Article IX to add City Requirements for Sidewalk Cafes, Parklets and Pedlets in the City Right-of-Way in the downtown area. These requirements include permit and license requirements, sidewalk cafe requirements, parklet requirements, and an application process. Notable additions discussed and recommended amendments to ordinances in Chapter 49, Article IX associated with Sidewalk Cafes, Parklets, and Pedlets in the City Right-Of-Way in the downtown area are summarized below: • Sec. 49-101. —Purpose o Describes the purpose to provide additional seating for customers for Sidewalk Cafes and Parklets. • Sec. 49-102. — Delegation of authority to grant permits and licenses for the installation of sidewalk cafes and parklets. o Delegates authority to the Department of Public Works to issue permits for sidewalk cafes and parklets to be constructed, installed, used and maintained within a public right-of-way. • Sec. 49-103. - Definitions. o Provides definitions for words and phrases used in this Article. • Sec. 49-104. - Permit and License Required. o Provides permit and license requirements for the use of public right-of-way and parking areas for parklet, sidewalk cafe or pedlet. • Sec. 49-105. - Sidewalk Cafe Requirements. o Provides requirements specific to sidewalk cafe regarding location criteria, boundary and clearance, storage, maintenance and operation, corner and intersection locations, emergency conditions, and other requirements. • Sec. 49-106. - Parklet Requirements. o Provides requirements specific to parklets regarding location criteria, setbacks, buffer, size and number, utilities, platform and drainage, ADA requirements, safety, maintenance and alterations, furnishings and fixtures, operation, emergency conditions, design requirements, and maintenance. • Sec. 49-107 Sidewalk Cafe and Parklet Application Process. o Describes the application process with the Department of Public Works. • Sec. 49-108 Fees. o Provides license fees for a sidewalk cafe and parklet. • Sec. 49-109. - Permit and License Conditions and Revocation. o Provides city rights to require any parklet, pedlet or sidewalk cafe to cease operation. ALTERNATIVES: The alternative is to deny or amend the ordinance. FISCAL IMPACT: There is no fiscal impact for this item. RECOMMENDATION: Staff recommends approval of the ordinance to amend Chapter 49 to add Article IX to add City Requirements for Sidewalk Cafes, Parklets and Pedlets in the City Right-of-Way in the Downtown Area LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending Chapter 49 of the Corpus Christi Code to add Article IX, Sidewalk Cafes, Parklets and Pedlets in City right of way in the Downtown Area to authorize the closure and use of portions of public right-of-way to facilitate the use of public sidewalks and parking areas for the sale or provision of food and beverages outdoors; and providing for a penalty. Whereas, during the recent Covid-19 pandemic many restaurants and bars around the country looked to add or expand outdoor dining areas to comply with social distancing requirements and to accommodate customers who preferred dining and drinking outdoors; and Whereas, sidewalk cafes have been allowed in Corpus Christi since 2013, applications to use a portion of the public right-of-way (public street) to build a Parklet to provide additional outdoor dining and seating area in the downtown district has been under a pilot program since March 22, 2022; Whereas, many of the restaurants and bars located in the downtown area of Corpus Christi were built on smaller lots without much outdoor area or public right-of-way to accommodate the development of a sidewalk cafe; Whereas, on March 22, 2022, the City Council enacted Ordinance No. 032702 authorizing a temporary pilot program for parklets in the downtown area, specifically for a parklet to be located in front of Lucy's Snackbar at 312 N. Chapparal, Corpus Christi, Texas; Whereas, a parklet is an urban space for sitting, dining or enjoying nature, typically established where the sidewalk meets the street, often repurposing on-street parking spaces to provide a place for restaurant or bar owners to add additional seating and tables for their guests in an outdoor setting; Whereas, during the temporary pilot program for the one authorized parklet in the downtown area, city staff has been developing a process for handling new applications for sidewalk cafes and parklets in the downtown area along with more detailed technical specifications, rules and regulations for operating a sidewalk cafe or parklet in the downtown area. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF CORPUS CHRISTI, TEXAS: Section 1. That Chapter 49, Streets and Sidewalks, of the Code of Ordinances of Corpus Christi is hereby amended to add Article IX, Sidewalk Cafes, Parklets and Pedlets in the City Right-of-Way in the Downtown Area, to read as follows: Article IX. SIDEWALK CAFES, PARKLETS AND PEDLETS IN CITY RIGHT-OF-WAY IN THE DOWNTOWN AREA. Sec. 49-136. — Purpose The purpose of this article is to protect public safety, to maintain safe and ready availability of City rights-of-way to the general public, and to permit local establishments to provide additional seating for their customers and others on the sidewalk adjacent to the building fagade (a "Sidewalk Cafe") or by way of the construction of platforms in one or more on- street parking spaces, where appropriate, which extend to the sidewalk (a "Parklet") to provide additional space for tables, seats and other public amenities. The utilization of a sidewalk cafe, or parklet will offer residents and visitors to Corpus Christi the opportunity to stop, sit and enjoy the surrounding neighborhood street life, thereby contributing to a vibrant, active and walkable City as well as to encourage economic development. This article is hereby implemented to allow the use of both public and private sidewalk cafes and parklets while setting policies and requirements, providing safeguards, and a procedure for the issuance of permits and licenses by staff. Further, the city manager or designee may authorize a pilot program for other shared outdoor parklet installations not intended for sale or provision of food and beverages outdoors. Sec. 49-137. — Delegation of authority to grant permits and licenses for the installation of sidewalk cafes and parklets. The City Council hereby delegates authority to the Department of Public Works to issue permits for sidewalk cafes and parklets to be constructed, installed, used and maintained within a public right-of-way so long as the proposed sidewalk cafe or parklet conform to the policies and safeguards established by this chapter, and does not unreasonably interfere with the public's use of the public right-of-way. If the request meets the criteria set out this section, then an approved permit and license may be issued. Any permit and license issued pursuant to the shall be revocable by the City at will. Sec. 49-138. - Definitions. The following words and phrases when used in this Article shall have the meanings respectively ascribed to them in this section: Alcoholic beverage shall mean an alcoholic beverage as defined by the Texas Alcoholic Beverage Code. Applicant shall mean any person, firm, corporation, or other legal entity who is requesting formal approval to construct, install, use, and maintain a sidewalk cafe, parklet or pedlet. Downtown Area shall mean the area located within the boundary of Tax Increment Reinvestment Zone #3. Owner shall mean the owner of the real property which is adjacent to the location of the proposed sidewalk cafe or parklet. Outdoor dining area shall mean the space described in an approved site plan that provides seating for the sale or provision of food and beverages outdoors. The outdoor dining area is delineated by structures within the portion of public right-of-way adjacent to the owner of the real property and may not extend beyond the fagade of the restaurant, business, or organization identified in the revocable license. These areas shall be constructed, operated, and maintained for the purpose of accommodating the patrons of licensee and shall be ADA accessible. Pedlet means a small platform that extends into a public parking space or spaces pursuant to a revocable license authorized by the city. A pedlet is intended for pedestrian use only when the sidewalk is rendered unusable to provide outdoor dining for a sidewalk cafe. It must be designed to meet ADA regulations and be stamped, signed and sealed by a licensed and bonded architect/engineering firm or engineer in the State of Texas to ensure the structure does not obstruct drainage and was built to support anticipated live loads and wind loads. Private Parklet is an outdoor dining area that extends into a public parking space or spaces pursuant to a revocable license authorized by the city. A private parklet is solely utilized by the adjacent business during its operation hours and a license allows the holder to provide table service of food, non-alcoholic beverages, and alcoholic beverages as permitted by ordinance, state law and the regulations of the Texas Alcoholic Beverage Commission (TABC). Cooking and preparation of food or beverages within a private parklet is not permitted. Private parklet shall be created by building a platform on the pavement to extend the sidewalk space, and retrofitting it with elements such as benches, planters, tables and chairs, umbrellas or bike racks. A private parklet must be designed to meet ADA regulations and be stamped, signed and sealed by a licensed and bonded architect/engineering firm or engineer in the State of Texas to ensure the structure does not obstruct drainage and was built to support anticipated live loads and wind loads. Public Parklet is a seating area that extends into a public parking space or spaces pursuant to a revocable license authorized by the city. A public parklet is a public space at all times and cannot be utilized by any business to provide table service of food or beverage. The public parklet may have hours that it is open and closed as directed by the City or by the owner or operator of the public parklet. The structure shall be created by building a platform on the pavement to extend the sidewalk space, and retrofitting it with elements such as benches, planters, tables and chairs, umbrellas, or bike racks. The public parklet must be designed to meet ADA regulations and be stamped, signed and sealed by a licensed and bonded architect/engineering firm or engineer in the State of Texas to ensure the structure does not obstruct drainage and was built to support anticipated live loads and wind loads. Public right-of-way means a strip of land over which the city has authority used or intended to be used, wholly or in part by the city, as a public street or sidewalk, or for utility purposes. Sidewalk means that portion of a public right-of-way, not including the street, that is paved for pedestrian traffic. Sidewalk cafe means that portion of the operation of a restaurant or business where table service will be provided and extends into the public sidewalk or pedestrian way pursuant to a license authorized by the city. Sidewalk cafe or Parklet elements means all tables, chairs, umbrellas, partitions and all other physical items associated with the sidewalk cafe or parklet. Temporary Parklet means an outdoor dining area that extends into a public parking space or spaces pursuant to a revocable license authorized by the city on a short-term basis. Temporary parklet permits and licenses shall not be issued for more than a 120-day period, only one temporary parklet may be issued to an applicant. If a platform is required, then it must be designed to meet ADA regulations and be stamped, signed and sealed by a licensed and bonded architect/engineering firm or engineer in the State of Texas to ensure the structure does not obstruct drainage and was built to support anticipated live loads and wind loads. In the event the Mayor declares a civil emergency that impacts the ability of a business to remain viable, the City Council may waive or extend the time restriction only for the duration of the civil emergency declaration. Sec. 49-139. - Permit and License Required. No person shall close and use portions of public right-of-way to facilitate the use of public sidewalks and parking areas to construct, install, operate or maintain a parklet, sidewalk cafe or pedlet within the City of Corpus Christi without first obtaining a permit and license agreement therefor in accordance with the terms and provisions of this article. (a) Each applicant must first submit an application for review and approval to the Department of Public Works. Every application for a permit required by this article shall contain the following: (1) The applicant's name, address, email address, and telephone number. (2) The applicant's business address and phone number. (3) The name, address, email address and telephone number of any individual or company for which the applicant is acting as an agent. (4) The name of the TABC License Holder and TABC license No. for the business seeking the application. (5) The legal business name, address, email address and telephone number of the business adjacent to the applicant. (6) Days and hours of operation of the proposed use. (7) Sidewalk cafe and parklet items requested to be permitted for use. (8) Location of the proposed parklet, sidewalk cafe, or pedlet. (9) Description, photographs, and construction drawings of the proposed use designed by a licensed and bonded architect/engineering firm or Engineer licensed in the State of Texas. (10) Proof of a general comprehensive business liability insurance policy, issued by an insurance company authorized to do business in the State of Texas, protecting and indemnifying the applicant and the city from all claims for damages to property and for bodily injury, including death, which may arise from operations under or in connection with the requested permit. Such insurance shall name the city as an additional insured, shall provide that no termination or cancellation will be effective without prior written notice to the city, and shall provide liability protection in the following minimum amounts: One million dollars ($1 ,000,000.00) per person per occurrence, two million dollars ($2,000,000) aggregate for bodily injury and for property damage. (11) For purposes of this article, every individual who conducts business for an applicant is a representative of such applicant whether acting as employee, agent, independent contractor, franchisee or otherwise for other business purposes, and the applicant shall for all purposes under this article be responsible for compliance with this article by every such individual representative. (12) Any other information the city manager, or designee, determines necessary to the enforcement and administration of this article. (b) A revocable license shall be issued by the City attorney or designee upon review and approval of the permit application. Both the permit and revocable license will only be issued to a fixed-site food and beverage establishment located in the downtown area. (c) The parklet, pedlet or sidewalk cafe shall be wholly located within public rights-of- way. (d) Possession of open containers of alcoholic beverages may be permitted within licensed areas provided the applicant holds the appropriate license from TABC for the licensed area. Licensed areas must be delineated. (e) A permit and revocable license for a pedlet will be issued for pedestrian use only when the sidewalk is rendered unusable to provide outdoor dining for a sidewalk cafe. (f) The issuance of a license is a privilege granted by the city. The license is for a temporary and interruptible use of a public sidewalk or parking space(s). It does not and shall not be construed to convey any legal or equitable interest whatsoever to any part of the parking space or public right-of-way. (g) The City's Traffic Engineer shall examine the application and determine whether all the requirements stated in this article for the issuance of a license have been satisfied. If all such requirements have been satisfied, then the City's Traffic Engineer shall coordinate with the City's Legal Department to prepare the license agreement. If the license is denied, the applicant shall be provided with the reasons therefor in writing, and the license application fee shall not be refunded. Sec. 49-140. - Sidewalk Cafe Requirements. A license shall not be issued to an applicant seeking to construct, install, operate and maintain a sidewalk cafe unless the application is complete, and the following requirements are met: (a) General location criteria: (1) Sidewalk cafe licenses will only be issued for restaurants or businesses located in the downtown area located near or adjacent to public parking spaces. Possession of open containers of alcoholic beverages shall be permitted within areas of a licensed sidewalk cafe provided that appropriate TABC licenses are maintained. (2) The sidewalk cafe must share the same management and same food preparation facilities as the restaurant or business to which it is associated. The restaurant or business seeking to operate a sidewalk cafe must front on and open onto the sidewalk or pedestrian way proposed for such sidewalk cafe. (3) The placement of sidewalk cafe elements may not extend beyond the sidewalk or pedestrian way frontage of the associated restaurant or business. Sidewalk cafe right-of-way space shall be contiguous with the property of the restaurant or business. (4) A minimum of 5-feet of unobstructed space (as measured from the street-side edge of the sidewalk to the sidewalk cafe partition) from the edge of the sidewalk, pedestrian way or obstruction (planter, trash can, etc.) for the passage of pedestrians, or comply with the Americans with Disabilities Act (ADA) requirements, whichever is greater, is provided. (5) The minimum setback from the business doors or adjacent business door shall be a minimum of 3 feet clear and shall meet building code requirements for doors and doorways. (6) If permitted curbside, the setback to the front face of the curb shall be 2 feet. (b) Utilities: (1) Fire Hydrants and Fire Department Connections (FDC's) shall not be blocked. A 15-foot clearance from the hydrant (7.5-foot each side) along the curb shall be maintained. A 3-foot buffer around the hydrant on all sides should also be maintained. (2) Sidewalk cafes may not be constructed over, obstruct, or interfere with public utilities, access panels, storm drains, fire hydrants, utility poles, bus stops, or driveways, signs, parking meters, mailboxes or benches, or other utility located on the sidewalk or public right-of-way. (c) Boundary and clearance: (1) The placement of the sidewalk cafe and elements shall not interfere with ingress/egress from buildings, alleys, fire exits or lanes and wheelchair ramps. The clear path of travel shall be generally straight with no abrupt turns that impair pedestrian circulation. (2) The clear path of travel is measured from the outside edge of the licensed sidewalk cafe area to the nearest obstruction, or if no obstruction exists, to the back face of the curb. A clear path of travel shall be generally straight with no abrupt turns, planter areas, or other obstructions that impair pedestrian circulation. (3) A boundary must enclose the sidewalk cafe from the remainder of the public way and be maintained to provide a minimum 5 feet of unobstructed space for the passage of pedestrians and comply with the Americans with Disabilities Act (ADA) requirements. The boundary shall be between 30 and 42 inches in height and must include cane detectable elements spaced no more than 24 inches horizontally. If alcohol is served the boundary shall be 42 inches in height. (4) The boundary must be durable so that it will not collapse or fall over due to wind or incidental contact with patrons or pedestrians. The boundary may have movable sections to aid the in public access to seating as long as the boundary complies with the approved site plan. The boundary must be maintained in place during operating hours. No boundary may be stabilized by bolting it to the sidewalk without written approval from the Department of Public Works. (5) A sidewalk cafe located along the curb must allow a minimum clearance of 18 inches from the sidewalk cafe boundary to the face of the curb. (6) The sidewalk cafe boundary and elements may be placed on the public way once the license is issued and must be removed on the expiration date noted in the license. Any sidewalk cafe in operation or that continues to keep the boundaries and/or furniture on the public way after the license expires is subject to removal and citation. (7) Non-permissible enclosure of City property within the boundaries of the sidewalk cafe includes, but is not limited to, parking meters, fire hydrants, signs, mailboxes, access panels, manholes, or vaults. These types of items can be identified as items that must be accessible to the public or to the City for emergency services. (8) No portion of an umbrella or other shade canopy shall be less than seven feet above the sidewalk. (d) Storage: (1) All tables, chairs, plants, planters, and any other items of the sidewalk cafe, hereinafter defined as sidewalk cafe elements, shall be approved as part of the permit approval process. Sidewalk cafe elements shall be promptly stacked/set aside immediately after the sidewalk cafe discontinues its daily operation and must be removed immediately afterward. discontinues its daily operations. Stacking or storing of chairs, tables, heaters, or any other sidewalk cafe element in the public right-of-way at any other time is prohibited. (e) Maintenance and operation. (1) Moveable elements, including tables and chairs, must be removed at the end of the business day, at business closure, or in the event of inclement weather, unless arrangements for assembly and storage of such items on a part of the sidewalk cafe are approved in the license. The sidewalk cafe elements used in the sidewalk cafe must be capable of being removed within twenty-24 hours of notice from the city. (2) The operation or furnishing of the sidewalk cafe shall not involve any permanent alteration to or encroachment upon any sidewalk or pedestrian way. The restaurant or business operator of the sidewalk cafe shall be responsible for repairing any incidental damage to public improvements resulting from its operation. (3) Sidewalk cafes must provide for adequate lighting in and around the public clearance way to ensure that all obstructions may be easily seen. The illumination shall not have adverse impact on the flow of vehicular traffic (4) There shall be no live entertainment or speakers placed in the license area unless approved and properly permitted by the city. (5) Tables, chairs, umbrellas, and other sidewalk cafe elements shall be maintained with a clean appearance and shall be in good repair at all times. Debris shall be removed as required during the day and again at the close of each business day. (6) No tables, chairs, or any other parts of sidewalk cafes shall be attached, chained or in any manner affixed to any tree, post, sign or other fixture, curb, or sidewalk in or near the permitted area. (7) Umbrellas and other decorative material shall be treated wood, canvas, cloth, or similar material that is manufactured to be fire-resistant. (8) No cooking apparatus shall be allowed in the sidewalk cafe area. (9) Only the sidewalk cafe equipment specifically shown on the approved application shall be allowed in the licensed area. No permanent storage of sidewalk cafe equipment shall be allowed in the permit area, in any portion of the public right- of-way or outside the structural confines of the building in which the restaurant or business is located. (10) A copy of the site plan, as approved in conjunction with the license, shall be maintained on the premise and shall be always available for inspection by city personnel. (f) Corner and intersection locations: (1) A sidewalk cafe must not interfere with visibility of drivers turning at street corners. In general, sidewalk cafe's must be located away from an intersection or street corner and shall maintain a minimum corner clearance zone of five (5) feet. The corner clearance zone is the area that includes the intersection of two sidewalks and the five (5)foot setback is measured from whichever is further of the following: a. Five (5) feet from the far edge of a marked crosswalk, b. Five (5) feet from the curb ramp landing pad, c. Five Feet from the intersection of two sidewalks. Extend to edge of crosswalk or curb i L L U mp ........ Extend 5`beyond Property tine intersection of ........... ......... --- ----- sidewalks a �► Intersection Extend to edge 5 ramp 0 of sidewalks of curb ra (g) Emergency conditions. (1) Upon the issuance of a severe storm, hurricane or tornado warning by the city or the county, the licensee shall move all tables, chairs and other equipment located in the sidewalk cafe indoors. The issuance of such a warning shall constitute an emergency situation as referenced in this ordinance. (2) The city may order the immediate removal or relocation of all, or parts of, a sidewalk cafe in emergency situations or for safety consideration, without notice. The city shall have the right to remove any and all such items immediately in an emergency situation. The city shall not be responsible for damage to sidewalk cafe elements under any circumstances. (h) Issuance of License. (1) The issuance of a sidewalk cafe license is a privilege granted by the city. The license is for a temporary and interruptible use of a public sidewalk or public right-of-way area. It does not and shall not be construed to convey any legal or equitable interest whatsoever to any part of the sidewalk or public right-of- way. (2) The City's Traffic Engineer shall examine the sidewalk cafe application and determine whether all of the requirements stated in this article for the issuance of a permit have been satisfied. If all such requirements have been satisfied, and the applicant has provided an appropriate certificate of insurance holding the City and its officers, agents and employees harmless from any injury, damage or claims related to the sidewalk cafe then the City's Traffic Engineer may issue the license. If the license is denied, the applicant shall be provided with the reasons therefor in writing, and the license application fee shall not be refunded. (i) License revocation. The City's Traffic Engineer may revoke a license issued pursuant to this article if it is determined that the restaurant or business operator has: (1) Misrepresented or provided false information in the permit or license application. (2) Operated the sidewalk cafe in a manner not consistent with the details provided in the permit and license application and not in compliance with City rules and requirements for sidewalk cafes. (3) Failure to pay renewal fees. (4) Violated any provision of this article. (5) Violated any law, regulation or ordinance regarding the possession, sale, transportation or consumption of intoxicating beverages or controlled substances. (6) Operated the sidewalk cafe in such manner as to create a public nuisance or to constitute a hazard to the public health, safety, or welfare; specifically including failure to keep the sidewalk cafe area clean and free of refuse at end of each business day or for violation of the Applicant's TABC license. (7) Failure to maintain any health, business or other permit or license required by law for the operation of the restaurant or business associated with the sidewalk cafe. (8) Failure to maintain the physical integrity of sidewalk cafe elements. (9) Operated the sidewalk cafe in violation of any city, county or state law, ordinance or regulation. Before the revocation of a license, the City's Traffic Engineer shall notify the license holder of its intent to revoke the license and the reasons therefor. (10) Any and all landscaping and public improvements that are damaged as a result of the construction and installation of the sidewalk cafe shall be replaced utilizing the same quality of materials and workmanship as approved by the city. (11) If the license is revoked, sidewalk cafe elements used in the operation of the sidewalk cafe must be removed within 48 hours of notice from the city, and if not so removed, the city shall have the right to remove and dispose of these items and may assess the property owner for the cost of such removal and disposal. The city shall not be responsible for damage to sidewalk cafe elements under any circumstances. (j) Notice. The licensee shall be given notice in writing of the reasons for revocation of the license. (k) Reservation of rights. The city reserves the right to require any sidewalk cafe established pursuant to this article to cease part or all of its operation in order to allow for construction, maintenance or repair of any street, sidewalk, utility, street or public building by the city, its agents or employees, or by any other governmental entity or public utility. The City may also require Licensee to temporarily close the sidewalk cafe during holiday or memorial parades, civic festivals and other events of a temporary nature as permitted by the city. The City also reserves the right to suspend or revoke the sidewalk cafe license to prevent or remedy a public nuisance or to protect the public health, safety, or general welfare of the citizens of Corpus Christi. (1) Insurance Requirement. Each licensee shall provide and maintain a policy of Commercial General Liability insurance with the minimum insurance coverage of one million dollars per occurrence. (m)Indemnity. Each licensee, as a condition of the City's consent given in this article, shall fully indemnify-and save and hold harmless the City, its officers, employees and agents against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, 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 the use of the right-of-way or construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the license, including any injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them. Licensee must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on any claims or demands, with counsel satisfactory to indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from any of said liability, damage, loss, claims, demands, or actions. This provision is not intended to create liability for the benefit of third parties but is solely for the benefit of the City. (n) Term, transfer, renewal, etc. Licenses issued in accordance with the provisions of this article shall: (1) Be issued for a period of one (1) year. If a restaurant or business operator discontinues the restaurant or business operation or the sidewalk cafe within the year, no refund of the license fee shall be made. (2) Any restaurant or business holding a valid license for a particular sidewalk cafe shall be deemed to have reapplied for permission to use the same space for a succeeding license term. Restaurant or business operators not wishing to renew their license term must notify the City's Traffic Engineer in writing prior to the expiration of the license. (3) Restaurant and business owners wishing to extend their sidewalk cafe licenses must submit their current certificate of insurance and license renewal fee to the City's Traffic Engineer by January 31 of each year. (4) Restaurant and business owners must apply for a new license in the event of changes to approved sidewalk cafe elements. (5) Licenses shall not be transferable or assignable. Sec. 49-141. - Parklet Requirements. A license shall not be issued to an applicant seeking to construct, install, operate and maintain a parklet unless the application is complete, and the following requirements are met: (a) General location criteria: (1) Parklet licenses will only be issued for restaurants or businesses located in the downtown area located near or adjacent to public parking spaces. Possession of open containers of alcoholic beverages shall be permitted within areas of licensed parklets. (2) Parklets will only be considered for permanent fixed-site food and beverage establishments on a street with a speed limit of no more than 30 MPH and where on-street parking areas are available. Evaluation of parklets on streets with speed limits above 30 MPH shall be considered on a case-by-case basis. (3) A fixed-site food and beverage establishment is eligible for only one parklet. Approval for a sidewalk cafe and parklet will require site review and approval. (4) Parklets are prohibited in bus lanes, in front of fire hydrants, at utility access points (like manholes), and at high turnover parking spots (like banks, post office, and reserved take out/ delivery service parking). (5) The parklet shall only be located within parking stalls in right-of-way space that is contiguous with the property of the restaurant or business filing the license application. The restaurant or business seeking to operate a parklet must front on and open onto the sidewalk or pedestrian way proposed for such parklet. The placement of parklet elements may not extend beyond the sidewalk or pedestrian way frontage of the associated restaurant or business. (6) In general, parklets cannot be installed in locations where traffic congestion is an issue or where congestion could be an issue in the short term. (7) Parklets must not interfere with visibility for drivers turning at street corners. In general, parklets must be located at least one parking space away from an intersection or street corner and a minimum of twenty-two feet (22')feet from a marked crosswalk. (8) In general, parklets are prohibited in front of active driveways. Parklets may be installed in front of a driveway if the applicant owns the property served by the driveway or obtains written permission from the property owner. If the driveway has been abandoned or no longer provides access to off-street parking, the driveway may be levelled as part of the conditions for the parklet project. (9) Parklets may not be located on street curves or hills where horizontal or vertical sight-distance is an issue. (10) Parklets are generally permitted on streets with a running slope (grade) of five percent or less. (11) Parklet design should maintain a visual connection to the street and not block the view of conflicting movements of traffic, including pedestrian traffic, nor block the view of traffic control devices such as traffic signs, traffic signals, and other traffic warning devices. Continuous opaque walls above 42" that block views into the parklet from the surrounding streetscape are prohibited. You are allowed to include columns and other vertical elements. A windstorm certificate will be required for any design that includes a roof, trellis, or other overhead roof structure A building permit may also be required based on the design. Nei `_,idewalk parklet irk c: 'sidewalk 1 2 B.i' (b) Setbacks: (1) Parklets located next to driveways must be set back two feet from the outside edge of the driveway. (2) All parklets are required to include 4-foot minimum side setbacks to the nearest parking space, on either side, to buffer the parklet from adjacent on- street parking spaces. (3) The outer edge of the parklet must have 2- foot setback from the adjacent travel lane. With standard setbacks on an 8'x22' perpendicular parking stall, the dimensions of a parklet in one space would be 6' x 14'. (4) A three-foot long wheel stop must be installed three-feet from the curb at the edge of the front and back parking spaces. Wheel stops should be setback four feet from the parklet structure. For angled parking spaces, appropriate locations for wheel stops will be determined by the city Traffic Engineer. (5) Vertical elements such as flexible posts and bollards shall be placed 2-feet from the edge of the parklet on both sides of the parklet not adjacent to the travel lane. (c) Buffer: (1) The parklet shall have a continuous edge and physical barrier along the travel lane. Only the sidewalk-facing side of the parklet can be open to pedestrians. This can take the form of planters, railing, cabling, wall with built-in seating or some other appropriate buffer. If cable railing is used, spacing between cables cannot exceed six inches. (d) Size and Number: (1) No more than one parklet area per business. If a business wants to collaborate on sharing a larger space with a neighboring business, you will need to contact the City to work through the details of the application process. A shared area may prohibit serving alcohol. (2) A maximum of two parallel parking spaces or four perpendicular or angled parking spaces shall be used for each parklet. (3) The curbside parking lane must be at least eight feet wide from curb to the adjacent bicycle or vehicular travel lane. Sites with a parking lane less than eight feet wide will be considered on a case-by-case basis. (4) Only one parklet will be permitted on each side of a city block. (5) Parklets located in parallel parking spaces can be the length of one or two parallel parking spaces. (6) A 4-foot inner buffer is required when adjacent to another parallel parking space. A 2-foot buffer is required when adjacent to a driveway, motorcycle parking, or a bicycle corral. (7) Parklets located in perpendicular or angled parking spaces can utilize a maximum of two to four combined parking spaces. (8) Parklets must stay within the designated parking stall area. (9) The height of the railing should not exceed 36 inches from the parklet platform floor to the top of the railing. (10) If you wish to install wind barriers taller than 36 inches, the use of transparent materials like acrylic, plexiglass, plastic films, etc. is required and the height of the railing, including the transparent materials, should not extend more than 42 inches from the floor platform. (e) Utilities: (1) Fire Hydrants shall not be blocked. A 15-foot clearance from the hydrant (7.5- foot each side) along the curb shall be maintained. A 3-foot buffer around the hydrant on all sides should also be maintained. (2) Utilities. Parklets may not be constructed over, obstruct, or interfere with public utilities, access panels, storm drains, fire hydrants, bus stops, or driveways, utility poles, signs, parking meters, mailboxes or benches, or other utility located on the sidewalk or public right-of-way. (f) Platform and Drainage: (1) The parklet platform should allow for proper curbside drainage flow, drainage flow under the deck (for stormwater runoff) and create a level deck surface that aligns with the adjacent sidewalk and allows for removal when required. (2) The parklet deck must be flush with the curb, such that the parklet becomes an extension of the sidewalk. If the top of the deck is higher than the curb to meet the minimum vertical clearance requirement, an ADA accessible ramp is required. This can be done with foundation pedestals to support the platform abutting the curb or with a ramp of no more than 1/4" for users to access the platform. (3) The space underneath the platform surface must be accessible for maintenance through access panels, removable pavers, etc. (4) Parklets should be finished with quality materials and must support 100 pound per square foot live load. All rails must be capable of withstanding a 200-pound horizontal force. Applicants interested in utilizing fabric sails or other architectural features which may "catch" wind, must provide proof of wind loads. (5) Where a platform is installed, the top of the parklet platform must be flush with the sidewalk with a maximum gap of one-half inch and vertical separation of one-quarter inch. (6) There must be a horizontal gap between the curb and the base of the frame of at least 6 inches in width to provide clear gutter space along the entire length of the proposed platform. A minimum 2-inch vertical gap between the street surface and the bottom of the parklet decking is required. M@x. 1/22 Gay + POrktlt't DCCk. T LI rb ~ I Min_G, Hiph a ci-x mg threader J Swivel Iewilng mounts (7) Designs for the sub-structure of a parklet vary and depend on the slope of the street and overall design for the structure. The sub-structure must accommodate the crown of the road and provide a level surface for the parklet. "Bison pedestals" spaced under the surface and of different heights are a common application. Another method is to provide steel sub-structure and angled beams. (g) Americans With Disabilities Act (ADA) Requirements Compliance: (1) If tables, counters, benches or other furniture is provided, at least one of each type must be ADA accessible. (2) A minimum 36-inch ADA accessible entryway to the parklet must be maintained. The accessible path of travel must connect the sidewalk to the accessible entry, platform surface, wheelchair turning space and wheelchair resting place. The wheelchair turning space shall be 60-inches in diameter and located entirely within the platform; a 12-inch maximum overlap on the curb and sidewalk is acceptable. (3) A 30- by 48-inch clear floor area wheelchair landing area is required. This landing area is permitted to overlap with the wheelchair turning space by 24 inches maximum in any orientation. (4) Parklet platforms cannot exceed a 2% cross slope. (5) The placement of the parklet and parklet elements, shall not interfere with ingress/egress from buildings, alleys, fire exits or lanes and wheelchair ram ps. (6) A minimum five (5) feet of unobstructed space (as measured from the street- side edge of the sidewalk to the parklet partition) shall be maintained from the edge of the sidewalk, pedestrian way or obstruction (planter, trash can, etc.) for the passage of pedestrians, and comply with the Americans with Disabilities Act (ADA) requirements. (h) Safety: (1) Wheel stops are required and should be made of recycled rubber. Concrete wheel stops are discouraged. Structural bollards may be required if deemed necessary by the City. (2) Parklets shall have vertical elements at the outside corners that make them visible to traffic, such as flexible posts or bollards both with retroreflective tape. They must align with the end of the platform and not encroach on the travel lane. (3) Parklet areas must be designated and separated from pedestrian pathways by non-permanent dividers. (4) At no time may structures be bolted or affixed in any way to the roadway or any structure (including but not limited to: buildings, fire hydrants, street trees, streetlight, parking meters, or traffic poles, etc.) without prior approval from the Director of Public Works. A windstorm certification will be required for any structure bolted or affixed in any way to the roadway. An exception to this is that wheel stops for traffic protection must be bolted to the roadway in accordance with city requirements. Applicants are required to repair any damages to the roadway caused by the installation of the wheel stops if later removed by revocation or termination of the license or by a separate permit. (i) Maintenance and Alterations: (1) The operation or furnishing of the parklet shall not involve any permanent alteration to or encroachment upon any sidewalk or pedestrian way. The restaurant or business operator of the parklet shall be responsible for repairing any incidental damage to public improvements resulting from its operation. (2) Moveable elements, including tables and chairs, must be removed at the end of the business day, at business closure, or in the event of inclement weather, unless arrangements for assembly and storage of such items on a part of the parklet are approved in the license. (j) Furnishings and Fixtures: (1) Integrated bicycle parking is allowed. Bike racks integrated into the sidewalk or adjoining street area may be considered as part of the review process. (2) The parklet elements used in the parklet shall be of types that are easily removed from the public right-of-way within 48 hours of notice from the city. (3) Umbrellas, overhead weather protection and other decorative material shall be treated wood, canvas, cloth, or similar material that is manufactured to be fire-resistant and fire-retardant. (4) No portion of an umbrella or overhead protection shall extend into a travel lane. (5) A minimum overhead clearance of 96" (8 ft) above the parklet platform, as measured from the sidewalk, for people walking. (6) Portable heaters may be permitted if they are an outdoor approved type, located in accordance with the manufacturer's recommendations, located a minimum of two (2)feet from any flammable material, and are prohibited under an umbrella. (7) Signs are allowed provided the sign area does not exceed 6 square feet (24 inches by 36 inches). Signage is limited to displaying business identification, hours of operation, and if the parklet is private and limited to patrons of the business or meant to serve the public. If the parklet is meant to serve as restaurant seating, signage should correlate in design with the signage on the primary building. Illuminated signage is not allowed. (8) Lighting is encouraged and may be provided through electrical connections to the building. Solar powered lighting is strongly encouraged. Lighting shall not be directed towards the roadway to unintentionally cause glare for vehicles. Light strings must be hung to allow for a minimum clearance of 10 feet above the sidewalk and the platform of the parklet. (k) Operation: (1) The parklet must share the same management and same food preparation facilities as the restaurant or business to which it is associated. Use of a parklet shall only be permitted during the hours of operation for the operating business, but in no event shall use be permitted between 2:00 am and 6:00 am. The business shall secure the parklet in such a manner that the parklet cannot be used during hours of closure. (I) Emergency conditions. (1) Upon the issuance of a severe storm, hurricane or tornado warning by the city or the county, the licensee shall forthwith place indoors all tables, chairs and other equipment located in the parklet. The issuance of such a warning shall constitute an emergency situation as referenced in this ordinance. (2) The city may order the immediate removal or relocation of all, or parts of, a parklet in emergency situations or for safety consideration, without notice. The city shall have the right to remove any and all such items immediately in an emergency situation. The city shall not be responsible for damage to parklet elements under any circumstances. (m) Design Requirements. (1) Parklet must be professionally designed by a licensed and bonded architect/engineering firm or Engineer licensed in the State of Texas. The structure shall be built to support anticipated live loads and wind loads. Drawings and calculations shall be signed and sealed. (2) Parklet that provides table service or used for outdoor dining from the adjacent business will be required to have a platform and must be compliant with ADA rules and regulations. (3) Parklet must provide for adequate lighting in and around the public clearance way to ensure that all obstructions may be easily seen. The illumination shall not have adverse impact on the flow of vehicular traffic (4) Parklet shall be designed to prohibit people from sitting on railing. (5) There shall be no live entertainment or speakers placed in the license area unless approved and properly permitted by the city. (6) Parklet elements shall be maintained with a clean appearance and shall be in good repair at all times. Debris shall be removed as required during the day and again at the close of each business day. (7) No cooking apparatus shall be allowed in the parklet area. (8) A copy of the site plan, as approved in conjunction with the license, shall be maintained on the premise and shall be always available for inspection by city personnel. (9) Any and all landscaping and public improvements that are damaged as a result of the construction and installation of the parklet shall be replaced utilizing the same quality of materials and workmanship as approved by the city. (10) A parklet must be constructed and installed such that it can be easily removed when needed. In rare circumstances, the City may require that you temporarily or permanently remove your structure so that repairs or other work may be done in the public right-of-way. The owner of the Parklet must be able to remove the parklet from the City right-of-way within 30 days of the notice. Faster removal may be required for emergency work. The licensee is responsible for all costs and labor associated with the disassembly and removal. (n) Maintenance. (1) Furnishings shall not extend or overhang outside of the permitted or licensed area, constitute a danger to the health and safety of a patron or the public, violate any other ordinance that governs the use of public right-of-way, or obstructs the public right-of-way. (2) The improvements within affected right-of-way may not be altered from what is approved and must be maintained in good condition. (3) Licensee is responsible for maintaining sidewalk adjacent to the parklet free of obstructions of any kind. (4) Licensee is responsible for maintaining the parklet in accordance with normal and customary standards for sanitation, landscaping, and other general maintenance, including, but not limited to: (5) Licensee shall remove graffiti tagging to the parklet, within 48 hours; (6) Licensee shall clean the parklet platform, seating, and other parklet elements and surrounding area daily; (7) Licensee shall remove any debris, litter, grime, or trash from the parklet daily; (8) Licensee shall power wash the Parket annually or more often as needed; (9) Licensee shall rinse out the area underneath the parklet platform on a weekly basis; (10) Licensee shall remove any debris that is impeding drainage flow along the curb and gutter underneath the parklet platform at least on a weekly basis; (11) Licensee shall perform pest abatement as needed-,,- (12) eeded;;(12) Licensee shall maintain all plants, equipment and furnishings in the parklet; (13) Licensee shall remove trash from the Parklet daily; (14) Licensee shall maintain the parklet at all times in accordance with this Article and all other applicable city ordinances and Licensee shall promptly repair or replace any broken improvements or property associated with the parklet immediately. Sec. 49-142 Sidewalk Cafe and Parklet Application Process. (a) A pre-application meeting with the Department of Public Works and designated representatives is required to review the request and provide initial guidance through the process. (b) The official application request shall be filed with the Department of Public Works containing the required application, fees, proof of insurance, initial site plan showing existing street and sidewalk environment, and supporting documents. Applications shall be evaluated based on the quality and completeness of the initial application, site conditions, compliance with location requirements, and documentation of community support. (1) For parking lane or curb lane use, the applicant is required to obtain consent from the adjacent business owner if the parklet or pedlet extends into a neighboring storefront, occupying an unmarked space. (2) For parking lane or curb lane use, the applicant is required to obtain consent from the adjacent business owner if the parklet or pedlet extends at least halfway into a marked parking space. (3) Consent for a parklet or pedlet is not required if the marked space is fully within the applicant's storefront. (4) A sidewalk cafe will not be permitted to extend beyond the applicant's frontage to the adjacent sidewalk. (c) The Department of Public Works shall provide notification to the applicant on whether the initial application is accepted. The applicant shall only begin design of the plans of the sidewalk cafe, parklet, or pedlet upon approval of the initial application. All applicants are required to obtain sealed and stamped drawings and plans from a licensed architect/engineer to demonstrate compliance with all technical requirements. (d) City staff shall issue a permit for the sidewalk cafe, parklet or pedlet following review and approval of the completed application. (e) After a permit has been issued and Applicant submits the appropriate proof of insurance to the City and all other requirements of the permitting process have been completed, the Public Works Department will coordinate with the City Legal Department to prepare and issue a Revocable License Agreement. (f) After permit and license issuance, City staff will coordinate with the licensee to schedule the installation and inspection. (g) City staff shall visit the parklet within 60 days of installation, and as required, to ensure the parklet conforms to approved plans. Sec. 49-143 Fees. (a) The license fees for a sidewalk cafe and parklet shall be as follows: Fee Schedule Application and Review $100.00 Subsequent Resubmission or Amendments (Each) $25.00 Inspection (Each) $75.00 Annual Parklet License (Each Space) $600.00 Annual Sidewalk Cafe License $150.00 Sec. 49-144. - Permit and License Conditions and Revocation. The city reserves the right to require any parklet, pedlet or sidewalk cafe established pursuant to this article to cease part or all of its operation in order to allow for construction, maintenance or repair of any street, sidewalk, utility, or public building by the city, its agents or employees, or by any other governmental entity or public utility; to allow for use of the street or sidewalk in connection with parades, civic festivals and other events of a temporary nature as permitted by the city; and to remedy a public nuisance or to protect the public health, safety, or welfare. (a) The City's Traffic Engineer may revoke a license issued pursuant to this article if it is determined that the restaurant or business operator has: (1) Misrepresented or provided false information in the license application. (2) Operated the parklet in a manner not consistent with the details provided in the license application. (3) Failure to pay permit application or permit renewal fees. (4) Violated any provision of this article. (5) Violated any of the regulations or guidelines set out in the City's Community Space program. (6) Violated any law, regulation or ordinance regarding the possession, sale, transportation or consumption of intoxicating beverages or controlled substances. (7) Operated the parklet in such manner as to create a public nuisance or to constitute a hazard to the public health, safety, or welfare; specifically including failure to keep the parklet area clean and free of refuse at end of each business day or disruption(s) related to alcohol consumption. (8) Failure to maintain any health, business or other permit or license required by law for the operation of the restaurant or business associated with the parklet. (9) Failure to maintain the physical integrity of parklet elements. (10) Operated the parklet in violation of any city, county or state law, ordinance or regulation. Before the revocation of a license, the City's Traffic Engineer shall notify the license holder of its intent to revoke the license and the reasons therefor. (11) If the license is revoked, parklet elements used in the operation of the parklet must be removed within 30 days of notice from the city, and if not so removed, the city shall have the right to remove and dispose of these items and may assess the property owner for the cost of such removal and disposal. The city shall not be responsible for damage to parklet elements under any circumstances. (b) The licensee shall be given notice in writing of the reasons for revocation of the license. (c) Each licensee shall provide and maintain a policy of Commercial General Liability insurance with the minimum insurance coverage of one million dollars per occurrence, two million aggregate. This policy or policy endorsement shall name the City of Corpus Christi, its elected officials, officers and employees as an additional insured under the commercial liability policy. (d) Each licensee, as a condition of the City's consent given in this article, shall fully indemnify-and save and hold harmless the City, its elected officials, officers, employees and agents against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries ( including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, 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 the use of the City's right-of-way or construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the license area, including any injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them. Licensee must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on any claims or demands, with counsel satisfactory to indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from any of said liability, damage, loss, claims, demands, or actions. This provision is not intended to create liability for the benefit of third parties but is solely for the benefit of the City. (e) Term, transfer, renewal, etc. Licenses issued in accordance with the provisions of this article shall: (1) Be issued for a period of one (1) year. If a restaurant or business operator discontinues the restaurant or business operation within the timeframe, no refund of the license fee shall be made. (2) Any restaurant or business holding a valid license shall be deemed to have reapplied for permission to use the same space for a succeeding license term. Restaurant or business operators not wishing to renew their license term must notify the City's Traffic Engineer in writing prior to the expiration of the license. (3) Restaurant and business owners wishing to extend their licenses must submit their current proof of insurance and license renewal fee to the City's Traffic Engineer by January 31 of each year. (4) Restaurant and business owners must apply for a new license in the event of any changes to approved use and location. (f) Permit and Licenses are not transferable or assignable except by written authorization by the City Manager or his authorized designee. (g) A licensed parklet location shall have first opportunity to renew a license for the same city block if a license was held in the previous calendar year and renewed within 30 days of expiration. (h) A fixed-site food and beverage establishment is eligible for only one parklet. Approval for a both a sidewalk cafe and private parklet will require site specific review and approval. (i) Applicants must be able to demonstrate that alternate ADA-compliant outdoor dining is provided if a Temporary Parklet does not meet ADA regulations. (j) The restaurant or business seeking to operate a parklet, pedlet or sidewalk cafe must front on and open onto the sidewalk or pedestrian way proposed for such use. The placement of parklet, pedlet or sidewalk cafe elements may not extend beyond the sidewalk or pedestrian way frontage of the associated restaurant or business. 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 of this ordinance be given full force and effect for this purpose.. Section 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Section 4. Penalties are as provided in Section 1-6 of the Corpus Christi Code of Ordinances. Section 5. This ordinance shall take effect immediately upon publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Public Works Department I -* — Ordinance Amendments Chapter 49 Council Presentation � o August 16, 2022 r Background • Department of Public Works (PW) Manages Public Right-Of-Way (ROW) — Maintenance Operations — Issuance of Permits, Licenses, or Agreements. • Increased Requests to PW — Sidewalk Cafes — Parklets Background • On March 22, 2022, the City Council enacted Ordinance No. 032702 authorizinga temporary pilot program for parklets in the owntown area, specifically for a parklet to be located in front of Lucy's Snackbar at 312 N. Chapparal .s x 25 i Findings • Chapter 49 does not provide requirements for Sidewalk Cafes, Parklets and Pedlets in the City Right- of-Way in the Downtown Area. Staff Recommendations This proposed ordinance amendment to Chapter 49 proposes to add: Article IX. Sidewalk Cafes, Parklets and Pedlets in the City Right-of-Way in the Downtown Area • Sec. 49-136. -Purpose • Sec. 49-137. - Delegation of authority to grant permits and licenses for the installation of sidewalk cafes and parklets • Sec. 49-138. - Definitions • Sec. 49-139. - Permit and License Required Staff Recommendations • Sec. 49-140. - Sidewalk Cafe Requirements. • Sec. 49-141. - Parklet Requirements. • Sec. 49-142 - Sidewalk Cafe and Parklet Application Process. • Sec. 49-143 - Fees. • Sec. 49-144. - Permit and License Conditions and Revocation. Public Works Department O Questions? so �o o� A v µoRPORP�g4 AGENDA MEMORANDUM 1852 City Council Meeting of August, 16, 2022 DATE: August 16, 2022 TO: Peter Zanoni, City Manager FROM: Elsy Borgstedte, C.M., Assistant Director of Aviation Elsyb@cctexas.com (361) 826-3682 Briefing to City Council on Operations at the American Bank Center STAFF PRESENTER(S): Name Title/Position Department 1. Elsy Borgstedte, C.M. Assistant Director of Aviation CMO OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Brian Martin General Manager OVG 360 ISSUE: The American Bank Center (ABC) is a city-owned sports, entertainment, and convention center venue managed by a third-party professional operator. On June 1, 2022, the City and SMG, the prior operator, executed an amendment to the management agreement ending SMG's services on June 30, 2022. On July 1, 2022, the City entered into a new management agreement with Global Spectrum, L.P. dba OVG360, for the professional management of ABC. OVG was selected based on its extensive experience operating and managing significant venues worldwide, in the United States, and in major venues in Texas. Including several years of experience in the Coastal Bend Region while managing the Solomon P. Ortiz International Center and Richard M. Borchard Regional Fairgrounds. In addition, OVG is the only operating service venue management company in the United States that provides food and beverages to its clients in-house. On July 1, 2022, operations at ABC transitioned to OVG to provide full-service venue management, event programming, hospitality, catering, and beverage services. OVG 360, a division of the Oak View Group (OVG), is a full-service venue management and event programming company built on the foundation of truly putting the clients first. Founded in 2015 by Irving Azoff and Tim Leiweke with Madison Square Garden Entertainment, OVG 360 has one simple goal—to provide venues with customized services that produce results. In addition, OVG has award-winning culinarians and food services & hospitality teams that strive to deliver the best accommodations, highest-quality amenities, and premium food and beverages to guests across North America. The goal is to provide exciting and memorable experiences that lead visitors to return to the venue. OVG annually serves over 250,000 events and 40 million guests across different venues. Brian Martin, General Manager of OVG 360, will provide a briefing to Mayor and City Council on the first 45 days at ABC with status on improvements and action items. BACKGROUND: Within the first 45 days of operating the ABC, OVG has conducted various meetings with stakeholders to identify the different audiences, concerts, events, and beautification projects the American Bank Center could attract to Corpus Christi. OVG has executed a variety of action items, including employee assessment and training, meetings with the Mayor and City Council, and meetings with event planners, local vendors, and regional vendors. In addition, OVG and City staff are identifying capital improvements, maintenance repairs required, establishing catering services, and creating concessions opportunities for local vendors. LIST OF SUPPORTING DOCUMENTS: Presentation —American Bank Center"Venue by the Bay" AmericanBank : C E N T E R `; r\ _ arena•convention center•selena auditorium JE 'M f t \ ®VG 360 _ I Y i A L. /y. a ®r-4 �- About Oak View Group ®VG 360 OVG `Iospitality nVC', 360, a division of the Oak View iVC" Hnsnitalit award-winning Group, is a full-service venue culinarians and food services & hospitality management and event programming teams strive to deliver the best company built on the foundation of truly accommodations, highest-quality putting our clients first. Founded in 2015 amenities, and premium food and by Irving Azoff, Tim Leiweke, with Madison beverages to guests across North Square Garden Entertainment, America. We know that exciting, OVG 360 has one simple goal—to provide memorable experiences lead visitors to venues with customized services that return time and time again—and because produce results. Our services are we annually serve more than 250,000 unrivaled and designed to deliver events and 40 million guests, we're the unprecedented results. experts in making experiences great. 6� V,U� Mrc, t 45 Days Action Items Transition to OVG effective July 1 , 2022 Employee Assessment and Trainings Meetings with Mayor and City Council Meetings with clients Meetings with local stakeholders Booking Content & New Events Landscaping Re-Development Facility Assessment & New Projects Local Food and Beverage Partnerships Updates New Events / Announcements jh ON A10[hi F American Bank Center Arena A&- Jason Aldean, Aug. 18, 2022 ROCKNIROIL Gabriel Iglesias, Oct. 6, 2022 COWBOY TOUR Reba McEntire, Oct. 29, 2022 Disney on Ice "Into the Magic," Nov. 3-6, 2022 / 6 shows 1 American Bank Center Selena Auditorium TERRI CLARK Bert Kreischer, Sep. 16, 2022 The Illusionists "Magic of the Holidays," Dec. 15, 2022 A Magical Cirque Christmas, Dec. 26, 2022 "o THE ILLUSIONisTs uo, r -HOLIAYS • 4 . (11SIIt((II;ll4I({(ISf((III;It.1�f(��1k(2 I Il.��l I�Illl(lil(�� Facility Updates / Landscaping Before After Before After 1 I Before �� s After ��—'[ -�`—� BeforeAfter ' ,, ; Jf � Capital: Repair and Replacement Assessment ► Landscape Architectural Design and Installation _ ► Marketplace Buildout: Grab n' Go Concept ► Parking Et Mobility Service Assessment ► New Equipment Needs ► Zamboni ► Washer/Dryers ► Security - Loading Area Gate Audio/Visual Equipment - Convention Center fr Et Selena Auditoriump,�ti tir ► LED Lighting Upgrade Et Controls "! ► Facility Assessment for HVAC, Mechanical, Electrical Catering / Concessions Updates Implement efficiencies through software/concession/catering system upgrades, build out of Grab n' Go concept, added points of sale locations in venue New standards on catering; improved food quality and presentation, cleanliness of kitchen and concession area, server/bartender training, investment in new smallware/kitchen equipment Bring venue up to national industry standards r r= with providing catering and bar service through OVG Hospitality — < ti rr Liability/Legality ► Consistency for Client/Customer Experience +- Positive Financial Impact to Operating Fund V L 1 1 y ( d Food & Beverage Comparison Ancillary Revenue Breakdown Historical vs. Projected Ancillary Revenue - Ancillary Revenue - FY17-FY19 (Avg) Projections FY23 F&B $515,288 $303,958 ■Novelty ■Parking ■Ticketing ., CUrran+ gyral Pnnrl R Rawarnna PgrtnershipS Adding local "taste" to the American Bank Center is important and necessary to the success of the facilities Current Partners— Local Businesses and Local Franchisees � rim- DRIFTWOOD Comanche Cafe — COFFEE CC �C�-i•E�Er�K�� N U E C E S BPEWING CO. �� �� 1vio re to come ! vs State of the City Address ' Henry Garrett Ballroom OFFICE OF THE MAYOR . f3 F I!1dip 1p I WE r ,e r ry n .x x +,o