HomeMy WebLinkAboutMinutes City Council - 12/17/1996I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Council Meeting of the City of Corpus Christi of December 17, 1996, which were approved
by the City Council on January 7, 1997.
WITNESSETH MY HAND AND SEAL, this 7th day of January, 1997
Armando Chapa
City Secretary
SEAL
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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
December 17, 1996
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Tony Heldenfels*
Council Members:
Dr. Jack Best
Betty Black
Melody Cooper
Betty Jean Longoria
John Longoria
Edward Martin
Dr. David McNichols
Ci y Staff:
City Manager Bill Hennings
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Mayor Rhodes called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Rev. E.F. Bennett, following which the National Anthem
was sung by Ms. Sandra Rivers. The Pledge of Allegiance to the flag of the United States was led
by Mayor Rhodes.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Rhodes called for approval of the minutes of the regular Council meeting of
December 10, 1996, and there being no corrections, she proclaimed them approved as presented.
* * * * * * * * * *
*
**
Mayor Rhodes noted that there were four presentations on the day's agenda.
Ms. Yvonne Haag, Assistant to the Mayor, discussed the 8th annual Christmas Eve "Feast
of Sharing" H.E.B. Holiday Dinner and introduced the members of the planning committee: Gilna
Nance, Terry Cardona, James Bumett, Alex Zamarripa, Chris Barnes, Rick Olmos, Amber Puckett,
Wanese Taylor -Butler, Elsa Munoz, Lisa Oliver, Victor Martinez, and Eric Cuevas.
*Council Member Heldenfels arrived at the meeting at 2:10 p.m.
Mr. Alex Zamarripa said he represented H.E.B. on this year's dinner planning committee,
and is the store director at the H.E.B. store in Flour Bluff. He said that the founder of the grocery
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Regular Council Meeting
December 17, 1996
Page 2
store chain, Howard Butt Sr., recognized early on the great need to support Texas communities, a
tradition which continues today with Charles Butt, Chairman and CEO of H.E.B. He said the
Corpus Christi Christmas Eve dinner is one of 18 being held throughout Texas, and the local event
is expected to serve 10,000 people. Mayor Rhodes thanked H.E.B. for their ongoing support.
Mr. Ken Griffin, Area Business Manager for Central Power & Light Company in Corpus
Christi, gave a presentation concerning the thermal energy project at the Bayfront Arts & Science
Park. He said now that the system is operational, the savings are estimated to be at least $180,000
per year. In addition, the city received an incentive check from CPL in the amount of $465,800,
which is based on the amount of kilowatts shifted from CPL's peak usage times to non -peak times.
Mr. Griffin also recognized CPL staff members Kelly Lassig and Orlando Garcia for their assistance
in this project.
The next presentation was made by Mr. Loyd Neal, Chairman of the South Texas Military
Facilities Task Force. He said there are several changes occurring locally and nationally in the area
of defense operations, and preparations need to begin now to again protect the area's military
facilities from closure. To that end, Mr. Neal said they are asking the Corpus Christi City Council,
the Port of Corpus Christi Authority, the Greater Corpus Christi Business Alliance, and Nueces
County to help fund a small budget for the task force; in addition, the other three counties (San
Patricio, Aransas and Kleberg) fund their own representatives on the task force. He said they are
requesting $10,000 from the City of Corpus Christi through July 1997. There was a consensus of
the Council to support the request and to direct the City Manager to work with the task force.
Mr. Al Jones, Chairman of the Community Progress Partnership (CPP), said that over 800
community groups have provided input into the process and a draft document was developed, which
Mr. Jones presented. He described the several proposed community projects, which were divided
into three categories: city-wide facilities (general use, downtown, visitor industry infrastructure,
public safety, education and technology); neighborhood facilities (neighborhood improvements,
youth sports); and trust funds (youth, parks and recreation, public safety services, and district
community trust fund).
Mr. Jones emphasized that the cost of these projects is still being estimated, but at this time
they are proposed to cost $68.9 million for the city-wide facilities, $31.5 million for the
neighborhood facilities, and $52.5 million for the trust funds, for a total of $152.9 million. He used
visual aids to illustrate the breakdown in cost of the various projects. He said there are several
potential funding sources, one of which is an economic development half -cent sales tax, which he
said could be put into place for 15 years and would greatly enhance the quality of life in this
community by funding those projects.
Council Member Betty Jean Longoria said the proposed CPP projects are wide -reaching, and
she asked what the next step would be in the process. Mr. Jones said the CPP committee members
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December 17, 1996
Page 3
would like to go back to the community for further input. Council Member McNichols agreed that
was necessary, and suggested that meetings be held in each of the five Council districts.
Council Member Cooper suggested that the committee members prepare a booklet describing
all of the proposed projects that would be easily understood by the public. She said the only way
a sales tax would be approved by the public is if they took ownership of the projects.
Council Member John Longoria asked staff to develop a city-wide map to illustrate the
location of the proposed projects. He pointed out that the projects should benefit the whole
community and not just certain areas. Mr. Jones commented that the CPP members have been
extremely cognizant of that concern.
Council Member Martin asked about the time frame of the process, particularly regarding
a half -cent sales tax election. Mr. Jones replied that he did not think there would be enough time to
propose scheduling an election in the spring, but there are other dates available later in the year.
* * * * * * * * * * * *
Mayor Rhodes called for a five-minute recess.
*
* * * * * * * * * * * * *
Mayor Rhodes said the next presentation concerned juvenile and gang -related crime response
measures. She pointed out that this discussion was not a public hearing.
City Manager Hennings said that six months ago the city's water supply was at the top of the
agenda; today it is the problem of youth violence and the criminal activities of young gang members.
He said it is a serious problem --much is being done about it and there is more that needs to be
accomplished. He said the problem of youth violence should be considered in the proper
perspective; namely, that Corpus Christi is not a war zone. He said there were 32 murders in Corpus
Christi in 1995, and there have been 18 in the city this year.
Mr. Hennings said the problem of criminal activities of young gang members involves three
areas: prevention, law enforcement, and correction. He noted that there are many "players" in
finding solutions to the problem. He said the Council had appointed the Commission on Children
and Youth, whose members are in the process of developing a comprehensive plan for dealing with
the problems of youth in the future. He suggested that discussions be held at every Council meeting
for about the next month on different aspects of the problem in anticipation of the commission
members presenting their recommendations next month.
Mr. Hennings discussed the process and inherent difficulties in arresting perpetrators of
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December 17, 1996
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crimes and bringing them to trial, although he said that Corpus Christi has a very good conviction
rate. The City Manager also discussed the financial emphasis the City Council has placed on public
safety throughout the years despite economic challenges. He reviewed the FY 1996-97 proposed
expenditures for the General Fund, noting that the Police Department is budgeted to spend over $34
million, or 31% of the total General Fund budget. In comparison, the General Fund property tax
revenues are estimated to be over $30 million, or 27.3% of the total revenues.
In the effort to curb youth violence, Mr. Hennings said that while coordination on the
working level among all agencies involved is good, the coordination on the policy level needs to be
improved. He said one option to consider is to establish a crime -prevention district. Mr. Hennings
said that Police Chief Alvarez would address at length the issue of juvenile crime response measures,
and staff will provide more information at the next Council meeting of other programs designed to
help deal with youth problems.
Chief Alvarez pointed out that the gang problem did not emerge overnight --the seeds were
planted years ago and now the whole community is having to deal with it. He cautioned against
expecting a "quick fix" to eradicate gang violence; rather, it will take time, effort and a combined
community -wide response. He said this problem is not unique to Corpus Christi, for it has spread
like an epidemic throughout the country.
The Chief defended the Police Department against criticisms that the police are not doing
enough to combat gang violence. He delineated the Police Department's efforts in fighting the gang
problem: relentless enforcement and proactive measures by the Juvenile Enforcement Team (J.E.T.)
seven days a week; priority follow-up investigations by the Homicide Unit on violent criminal acts
committed by gang members and swift apprehension of the offenders; increased enforcement of the
curfew ordinance; community relations initiatives; middle school mentoring; and a graffiti
eradication program, among other initiatives.
Chief Alvarez noted that in May 1996 the Juvenile Enforcement Team's efforts were
redirected to focus more on street enforcement, intelligence -gathering, and proactive initiatives. Five
officers were added to the J.E.T. Unit and it was placed under the supervision of the Special Services
Division, which includes the Vice, Narcotics and Organized Crime Unit. He said that allows the
J.E.T. Unit more flexibility in conducting investigations and promotes sharing of information. The
Chief added that the District Attorney's Office has been recommending high bonds for defendants
who are gang members, and the courts and juries are handing out stiffer prison sentences for those
convicted of crimes.
In addition, the J.E.T. officers are conducting driver's license checks in problematic
neighborhoods, resulting in numerous traffic and other citations. He said a list of all suspected gang
members has been compiled and forwarded to Municipal Court, which has been issuing failure -to -
appear warrants on gang members with outstanding citations. Chief Alvarez emphasized that the
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December 17, 1996
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Police Department operates within the law with regard to all citizens, including gang members,
which can be very frustrating at times.
The Chief said another problem that is spreading rapidly around the city is underage
drinking, which sometimes involves gang members. He said that also results in increased traffic
accidents; this year more people have been killed in traffic accidents (24 people) than were
murdered. Another tool used to combat gang violence is to assign J.E.T. officers to walk through
Housing Authority apartments. These "walk-throughs" have resulted in better communication
between residents and officers. At one time the Housing Authority had received federal funding to
hire police officers on an overtime basis to patrol those housing areas. The funding was depleted
and the Housing Authority is awaiting approval of the grant application to renew that program.
Beginning June 14, 1996, the Police Department also stepped up enforcement of the curfew
ordinance, which has considerably reduced the number of juveniles on the streets after 11 p.m. Chief
Alvarez explained that a temporary detention facility was set up at the Police Training Center on
Corona Street where curfew violators are now processed. The detention facility is being staffed by
a patrol officer, a youth bureau officer and a reserve police officer. which required rescheduling of
officers to accommodate the need. He said that the Juvenile Justice Center will not take curfew
violators so other measures had to be taken. He said as of December 5, 1996, 1,170 curfew violators,
many of whom are repeat offenders, had been processed at the facility.
Chief Alvarez said the Police Department's experience with the temporary detention facility
has illustrated the dire need for counseling and follow-up care for both the youths and the parents.
As a result, staff has applied for a federal grant under the Kids Safe Program to fund a 24-hour
central processing facility for curfew violators and truants, where they and their parents can receive
counseling and education.
The community relations aspect of the Police Department's efforts is also very important,
noted Chief Alvarez. A comprehensive gang presentation was developed, and it focuses mainly on
parental responsibility and is adaptable to any age group. In addition, all of the D.A.R.E. officers
have been directed to give a presentation on gang involvement during PTA meetings at the schools
they serve. The Chief also discussed the importance and effectiveness of the Neighbors on Watch
program, including the implementation of the "Cellulars on Patrol" program in cooperation with
Southwestern Bell Mobile Systems.
The Police Department is also participating in the Adopt -A -School mentoring program with
Martin Middle School, and it is another one of the programs being used to combat juvenile problems.
Fifteen police officers are volunteering as mentors where they interact one-on-one with "at -risk"
young people in the school environment. He said if this program is successful, the Police
Department will expand it to the whole community and involve other schools.
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December 17, 1996
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Chief Alvarez said another program is the graffiti eradication program. The first graffiti
clean-up day was held in October and drew over 150 volunteers, and the program will be continued
on a once -a -month basis. It is a coordinated effort between the Police Department and several other
organizations.
The Chief acknowledged that more can be done to curb juvenile violence. He pointed out
that the number of 15- to 17-year-olds, which are now the most crime -prone segment of the
population, is expected to rise rapidly over the next several years, further exacerbating the problem
unless preventive measures are taken now.
Chief Alvarez described several actions which he said must be carried out gradually but
simultaneously to deal with this issue: strengthen the family unit through increased services for
troubled families and children; work to prevent teen pregnancy through education and training;
increase the number of adult mentors throughout the community; reexamine the schools' policies
regarding troubled youths; empower teachers to accomplish what parents have not; address the high
school drop-out rate; establish safe havens for students; encourage the media to include positive
coverage of youth issues; discourage regular gun shows at the Convention Center and encourage
citizens to take more responsibility for guns; and create more jobs for young people.
The Police Chief also discussed the department's current manpower, which is 395 officers.
That averages out to 1.4 per 1,000 people, which he said is one of the lowest in the country. In
contrast, the City of Houston averages 3.07 officers per 1,000 people, which is the ideal average.
He said Corpus Christi's Criminal Investigation Division is short six officers, while Special Services
is short two people; in addition, more officers could be utilized in the Uniform Division. Chief
Alvarez said they had planned to hire 20 cadets next year, but budget constraints has reduced that
number to 15. He said the Police Department is doing the best it can with the available resources,
adding that the problem of youth and gang violence can be eradicated if the whole community pulls
together to combat it.
Council Member Cooper commended the members of the J.E.T. Unit, and she commented
favorably on the high conviction rate. She said she understood the importance of the community
working together, and she described some of the activities of the Mayor's Task Force on Youth
Violence, which she chairs. Those activities included raising funds and distributing them to
grassroots organizations; developing an informational video on graffiti and gangs involving J.E.T.
officers; developing a brochure listing youth -oriented service organizations; hosting anti -gang
inspirational speakers; and participating in the "Make a Difference Day."
Mrs. Cooper said the gang violence situation has created a crisis, and resources may need to
be reallocated to deal with it. She asked if some of the D.A.R.E. officers could be reassigned to the
J.E.T. Unit, and replace those D.A.R.E. positions with non-uniform personnel. She suggested that
the Police Department be evaluated to ensure that its resources are being utilized to the fullest. Mrs.
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Cooper said she would support the concept of a tax increase to fund more police officers.
With regard to the Police Department's resources, Chief Alvarez explained that of the
department's $34.4 million budget, 87% is allocated for salaries and benefits, with 13% for
operations. He said he has been reallocating personnel, and he emphasized the importance of
maintaining the effectiveness of the D.A.R.E. program, since proactive measures need to be taken
with very young children. He said he had planned to utilize some of the D.A.R.E. officers during
the three months that school is out of session to augment the J.E.T. Unit, beginning next summer.
Mr. Hennings agreed with Mrs. Cooper's suggestion to periodically review whether some
police positions could be filled with civilians in order to put more officers back on the street. Mrs.
Cooper asked if weekly briefings could be held on juvenile crime response measures in the same
way that weekly water briefings are held.
Mayor Rhodes commended Chief Alvarez on his presentation, and she echoed his comments
on the importance of the D.A.R.E. program and the special impact that the D.A.R.E. officers have
on the children. Regarding the Police Academy figures, the Mayor pointed out that sometimes it is
difficult to attract 15 or 20 qualified people, and Chief Alvarez concurred.
Council Member Heldenfels pointed out that one source of officer candidates could be former
military personnel. He then asked about the number of drive-by shootings that have occurred. Chief
Alvarez said the Police Department did not start tracking drive-by shootings until May 1996. Mr.
Heldenfels asked if a parent had to accompany his or her child to Municipal Court for a curfew
violation, and Chief Alvarez said they did. Mr. Heldenfels said he had been told that juveniles had
been used in organized crime activities. The Chief said that at one time laws pertaining to juveniles
were more lenient and that did occur, but it is not as prevalent now.
Council Member Betty Jean Longoria said that while some police positions may be able to
be reshuffled, it is important to retain the D.A.R.E. officers' positions. She also asked if year-round
schools were at all effective in curbing juvenile violence, and Chief Alvarez replied that he thought
they were because they kept children occupied during part of the summer months.
Council Member Martin said a lot of the criticism the Police Department had received
regarding the gang violence situation stemmed from confusion and lack of communication, which
was addressed by the Chief's presentation. He said the Council was supportive of the Police
Department's efforts, as is the community for the most part, and it was important to maintain open
lines of communication with the department. Mr. Martin also discussed the number of budgeted
police cadets, and suggested investigating some creative alternatives to recruiting cadets.
Council Member John Longoria said they need to focus on reinventing the way they police,
and he also emphasized the importance of open communication. In addition, he said some code
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enforcement issues need to be addressed, such as the existence of vacant buildings where gang
members congregate. Mr. Longoria suggested that fire stations be designated as safe havens for
children if, for instance, they feel threatened or frightened while walking home from school.
Mrs. Longoria recognized Mr. Danny Noyola, the principal of West Oso High School, who
was present at the meeting. She said different entities throughout the community need to work
together on this issue.
Council Member Black said Chief Alvarez's presentation clarified many issues, and she said
she supported the Police Department's efforts. Mrs. Black, who said she was a former school
teacher, emphasized the importance of parental involvement in their children's lives; for example,
being present when their child receives their report card at school.
Mrs. Cooper announced that the Mayor's Task Force on Youth Violence would meet on
December 18, 1996 in the Council Chambers, with members of different agencies present to answer
questions. And on December 19 there will be a concert and candlelight memorial for the victims of
youth violence.
* * * * * * * * * * * * *
Mayor Rhodes referred to Item 4, a status report on the Lake Texana Pipeline Project.
Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said the engineering
and right-of-way acquisition efforts are moving along quickly. He said all of the Corps of Engineers
permits are in hand, and they anticipate action shortly after the beginning of 1997 on the Texas Parks
and Wildlife and General Land Office permits. In addition, the Bureau of Reclamation permit for
the Lavaca-Navidad River Authority portion of the project is out for 15 days of comment. The
preliminary pipeline design is completed, and bids are being taken December 18, 1996 on the
pipeline, pumps, motors, and motor control centers. After evaluation of the bids and the sale of the
bonds, the Nueces River Authority will be able to award those contracts and materials ordering can
begin. Mr. Crull added that future parts of the project that will be contracted out include the actual
pump stations themselves; the river crossings will be bid sometime in February or early March 1997.
Responding to Council Member Best, Mr. Crull said that bids are being taken on three
different pipe sizes: 56 inches, 60 inches, and 64 inches. He said an evaluation will be conducted
on the cost of the pipeline and the energy costs associated with pumping water through that pipeline
to determine which pipe size is most economical and what the city can afford. He said in general,
it costs less energy to pump through a larger line, but there is a point at which the cost of the material
to build the line is not offset by the energy savings.
In reply to another question from Dr. Best, Mr. Crull said a 56 -inch line is sufficient to
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Regular Council Meeting
December 17, 1996
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accommodate both the water from Lake Texana and the Colorado River (Garwood) without any
exorbitant cost of pumping. He added that the budget is structured around building a 60 -inch line.
Council Member Heldenfels asked about the bid opening, and Mr. Crull replied that the bids
will be taken at the Port of Corpus Christi Authority.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 5 concerning the Safe Drinking Water Act.
City Manager Hennings noted that this item had been discussed during a previous Council
meeting. It concerned the new federal requirement for the Information Collection Rule phase of the
Safe Drinking Water Act.
Council Member Martin asked how this contract would be paid. Mr. Hennings said the city
would sell revenue bonds; $1 million is already funded from a previous bond sale, and the other
$300,000 would have to be advanced from funding available for another project. Mr. Hennings said
he would provide more detailed information on the funding.
Mr. Martin also asked about Item 5.a., a resolution statement expressing official intent to
reimburse costs of the Utility Systems Improvements. Mr. Hennings explained that the expenditures
would begin today, if approved by the Council, and they would be reimbursed from the bond sale
that will be held in March 1997.
Mr. Martin said he thought that this requirement was a waste of money and he was opposed
to it, but he said he would not vote against it if Mr. Hennings was convinced that it was strictly
mandated by the federal government and could not be avoided. Mr. Hennings said some benefit will
be obtained from this work, but if it was not mandated, it would not be a high priority for the city.
Mr. Martin asked if a letter could be sent to the Conference of Mayors or another entity asserting the
city's reluctance to award this contract.
Council Member Heldenfels asked if this action could be postponed, and Mr. Hennings
replied that this contract needed to be awarded because there were federal deadlines that needed to
be met.
Mr. Martin asked that since this was a phased contract, could the city withdraw from the
contract at some point if the requirements changed. City Attorney Bray said the city could terminate
upon seven days' notice.
City Secretary Chapa noted that Council Member Betty Jean Longoria had filed a disclosure
affidavit regarding Item 5, and she would abstain from discussing or voting on that matter.
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December 17, 1996
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Council Member McNichols asked if the city had ever been informed that it had a microbial
contamination problem. Mr. R.H. Shackelford, Director of Engineering Services, replied that it had
not. Dr. McNichols said this situation stemmed from concern about microbial contamination in the
drinking water supplies of some Midwestern cities, but it evolved into what he called a bureaucratic
nightmare. He said the Council should oppose this contract and inform the Environmental
Protection Agency (EPA) that the city would not act on the requirement. Mr. Hennings said he
agreed with Dr. McNichols' assessment of the problem, but the fact is that the U.S. Congress --after
heavy debate --made the decision to mandate these requirements.
Responding to Council Member John Longoria, Mr. Hennings said there was much data that
will be collected under this contract which will assist the city in future planning. He reiterated that
the city did not have a choice in the matter, but if it did, this project would not be one of the city's
highest priorities. Mr. Longoria said he thought that other cities would have responded negatively
to this mandate as well; Mr. Hennings said that the City of Dallas is awarding a $3 million
engineering contract to meet this requirement, and as far as he was aware, other cities were taking
steps to abide by the regulations.
Mr. Heldenfels said he agreed with Dr. McNichols' comments.
Council Member Black asked if the information to be obtained could be used for other
projects. Mr. Shackelford said this information could be used to help optimize the operation of the
city's treatment facilities.
Mayor Rhodes called for comments from the audience, and there were none. The Mayor
urged the Council to support this proposal, saying that the city was not going to be able to avoid it.
City Secretary Chapa polled the Council for their votes as follows:
5.a. RESOLUTION NO, 022793
Resolution statement expressing official intent to reimburse costs of the Utility Systems
Improvements.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, and
Martin voting "Aye"; Heldenfels, J. Longoria, and McNichols voting "No"; B. Longoria
abstaining.
5.b. M96-383
Motion authorizing the City Manager to execute the contract for engineering services for the
Information Collection Rule (ICR) Phase project with the team of Montgomery Watson
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Regular Council Meeting
December 17, 1996
Page 11
Americas, Inc. in association with the local firms of INDTECH, an affiliate of Govind
Engineering, and Gulf Coast Testing Laboratory, Inc. for a fee not to exceed $1,273,091.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, and
Martin voting "Aye"; Heldenfels, J. Longoria, and McNichols voting "No"; B. Longoria
abstaining.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 6, Padre Island Seawall project.
Mr. Tom Utter, Assistant City Manager for Development Services, said this project has been
ongoing for several years. He noted that a 1974 district court judgement affirming the right of the
seawall to remain in place included some ambiguous wording, which resulted in an inability by the
seawall property owners to develop that area. Consequently, the property values have decreased
significantly. In 1995, with the City Council's assistance and concurrence, a bill was passed by the
Texas Legislature that in essence would allow the property line to be set at the seaward side of the
seawall, provided certain conditions were met.
Mr. Utter said that under the proposed agreement, Asset Development Corporation, one of
the owners of property behind the seawall, will provide a piece of property for a public parking lot,
and other seawall property owners would assess themselves for the cost of that. He said staff
believed this was a beneficial arrangement for all involved, including the public and the taxing
entities.
Council Member Heldenfels said he would abstain from discussing or voting on this item.
Council Member McNichols asked if all the issues that had been contentious in the past were
addressed by this proposal, and he asked how continuing erosion of the beach in front of the seawall
might affect the agreement. Mr. Utter replied that if this proposal is ruled to comply fully with the
statute, then it would remain that way.
Mayor Rhodes called for comments from the audience, and there were none.
Mr. Hennings said there was an amendment to Item 6. Mayor Rhodes made a motion to
amend the sales contract attachment to Item 6 to substitute a new Page 2 that allows Asset
Development Corporation (ADC) the same option to finance its portion of the sales price as the other
property owners have, rather than requiring ADC to pay the money up front. The motion was
seconded by Council Member Betty Jean Longoria, and passed unanimously (Heldenfels abstaining).
City Secretary Chapa polled the Council for their votes as follows:
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Regular Council Meeting
December 17, 1996
Page 12
6. RESOLUTION NO. 022794
Resolution authorizing the execution of a sale and purchase agreement with Asset
Development Corporation for the acquisition of certain property along the seawall on Padre
Island for public parking and related public uses and including the acquisition of a public
roadway easement and pedestrian noncommercial easement related thereto; establishing a
seawall parking lot acquisition fund for the accumulation of the purchase price; and
authorizing the city engineer to record certain findings in compliance with Section 61.017(c)
of the Texas Natural Resources Code.
The foregoing resolution passed, as amended, by the following vote: Rhodes, Best, Black,
Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels
abstaining.
* * * * * * * * * * * *
*
Mayor Rhodes opened discussion on Item 7, lease with American Retirement Corporation/
Trinity Towers.
Mr. Utter said the Trinity Towers project has been approved as an enterprise zone project,
and he briefly described the proposal using visual aids. Responding to Council Member Martin, Mr.
Utter said the building's design included an aerial cornice which slightly hung over the existing
right-of-way. In reply to Council Member McNichols, Mr. Utter said there was sufficient height in
the building's design for the city to make any necessary drainage and sewer line repairs.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
7.a. ORDINANCE NO. 022795
Ordinance authorizing the City Manager or his designee to execute a one-year lease with
Trinity Towers Limited Partnership, by and through its general partner, ARC Corpus
Christi, Inc., to construct, install, repair, and maintain a five -story building that will have:
1) a footprint in part of an existing storm sewer easement; 2) an aerial footprint over a utility
easement; 3) aerial cornice overhangs above the Carancahua Street and Tancahua Street
Rights -of -Way; and 4) a permanent, enclosed, overhead skyway across Carancahua Street
connecting to the existing Trinity Towers; setting a rental fee of $893; authorizing Trinity
Towers Limited Partnership to assign the lease to MLD Texas Trust; authorizing MLD Texas
Trust to sublease to Trinity Towers Limited Partnership.
An emergency was declared and the foregoing ordinance passed by the following vote:
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Regular Council Meeting
December 17, 1996
Page 13
Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Cooper absent.
7.b. FIRST READINCI ORDINANCE
Ordinance authorizing the City Manager or his designee to execute a fifty-nine (59) year
lease beginning December 18, 1997 with Trinity Towers Limited Partnership, by and through
its general partner, ARC Corpus Christi, Inc., to construct, install, repair, and maintain a five
story building that will have: 1) a footprint in part of an existing storm sewer easement; 2)
an aerial footprint over a utility easement; 3) aerial cornice overhangs above the Carancahua
Street and Tancahua Street Rights -of -Way; and 4) a permanent, enclosed, overhead skyway
across Carancahua Street connecting to the existing Trinity Towers; setting a rental fee for
years 1-4 of $3,094; authorizing Trinity Towers Limited Partnership to assign the lease to
MLD Texas Trust; authorizing MLD Texas Trust to sublease to Trinity Towers Limited
Partnership; providing for severance; and providing for publication.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent.
* * * * * * * * * * * *
*
Mayor Rhodes opened discussion on Item 8, a lease contract with Spohn Health Systems.
Council Member Martin asked why this proposal did not include a one-year lease. Mr.
Shackelford replied that Spohn Health Systems was finalizing their design and they concluded that
they could meet the existing construction schedule. He said that Spohn was proposing to construct
a new addition which would be connected to the hospital facility by a new pedestrian walkway.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
8. FIRST READINCG ORDINANCE
Authorizing the City Manager or his designee to execute a sixty -year lease with Spohn
Health Systems Corp., to construct, install, repair, and maintain a permanent, enclosed
overhead pedestrian walkway connector across Elizabeth Street and connecting the future
and existing Spohn Health Systems facilities located respectively on Lot 3, Block 11A,
Ocean View Addition and Lot 14, Block XI, Ocean View Addition; and establishing a fee
of $2,418 as payment for the first five-year lease increment.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
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Regular Council Meeting
December 17, 1996
Page 14
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 9, Wood River subdivision annexation.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
9. ORDINANCE NO, 022796
Annexing a 6.481 acre tract of land platted as Wood River Subdivision 14A, out of a 205.80
acre tract out of the Mariano L. De Herrera Grant, Abstract 606, said 205.80 acre tract
conveyed by Bess L. Hurd, et vir., to Nina G. Stewart by deed dated August 29, 1940 and
recorded in Volume 261, Page 235, Deed Records of Nueces County, Texas; and providing
for severance.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper
absent.
* * * * * * * * * * * *
*
Mayor Rhodes opened the public hearing on Item 10, a proposed street closure to facilitate
development of the Penn Place subdivision.
Council Member Martin asked who the developer was for this project, and Mr. Shackelford
replied that it was Mr. W.K. Penn, and Mark X. Plog & Associates was the engineer.
Mayor Rhodes called for comments from the audience, and there were none. A motion was
made to close the public hearing, and it passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
10. ORDINANCE NO. 022797
Ordinance closing and abandoning a 0.11 acre portion of a 20 foot wide undeveloped road
right-of-way out of Lot 5, Section 11, Bohemian Colony Lands, in order to facilitate
development of the Penn Place Subdivision; subject to compliance with the specified
conditions, and the owner replatting the property within 180 days at his expense.
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Regular Council Meeting
December 17, 1996
Page 15
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
11. Reconsideration of Case No. 1096-10 Mostafa Bighamian and Morteza Shafinury: A
change of zoning from a "B-1" Neighborhood Business District to a "B-4" General Business
District on Flour Bluff and Encinal Farm and Garden Tracts, Section 19, being 3.85 acres out
of Lot 16, located on the southwest corner of Cimarron Boulevard and Airline Road.
Mayor Rhodes asked the three Council members who were not present last week when this
case was first considered if they wished to hear a presentation on it, and they said they did not. No
one appeared in opposition to the zoning change. Council Member Best made a motion to close the
public hearing, seconded by Council Member Heldenfels, and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 022798
Amending the Zoning Ordinance upon application by Mostafa Bighamian and Morteza
Shafinury, by changing the Zoning Map in reference to Flour Bluff and Encinal Farm and
Garden Tracts, Section 19, being 3.85 acres out of Lot 16, from "B-1" Neighborhood
Business District to "B-4" General Business District; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Cooper, B. Longoria, J. Longoria, and Martin voting "Aye"; Black,
Heldenfels, and McNichols voting "No."
*************
Mayor Rhodes opened the public hearing on the following zoning case:
12. Case No. 1196-1 Jackson S Ryan. Jr.: A change of zoning from an "A-1" Apartment House
District to an "R -1C" One -family Dwelling District on Bohemian Colony Lands, Section 11,
5.0 acres out of Lot 5, located along the north side of Aaron Drive, approximately 200 feet
east of Weber Road.
Mayor Rhodes said the Planning Commission and staff recommended approval.
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Regular Council Meeting
December 17, 1996
Page 16
No one appeared in opposition to the zoning change. Council Member Best made a motion
to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 022799
Amending the Zoning Ordinance upon application by Jackson S. Ryan, Jr., by changing the
Zoning Map in reference to Bohemian Colony Lands, Section 11, 5.0 acres out of Lot 5 from
"A-1" Apartment House District to "R -1C" One -family Dwelling District; providing for
publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Heldenfels abstaining.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
13. Case No. 1196-2, L & B Development: A change of zoning from an "A-2" Apartment
House District to an "R -1B" One -family Dwelling District on Flour Bluff and Encinal Farm
and Garden Tracts, Section 11, 4.116 acres out of Lots 25 and 26, located along the west side
of Cimarron Boulevard, approximately 550 feet north of Lipes Boulevard.
Mayor Rhodes said the Planning Commission and staff recommended approval.
No one appeared in opposition to the zoning change. Council Member Best made a motion
to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
13. ORDINANCE NO. 022800
Amending the Zoning Ordinance upon application by L & B Development, by changing the
Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 11,
4.116 acres out of Lots 25 and 26 from "A-2" Apartment House District To "R -1B" One -
family Dwelling District; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
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Regular Council Meeting
December 17, 1996
Page 17
voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
14. Case No. 1196-3. Marilyn Birge: A change of zoning from an "R -1B" One -family Dwelling
District to "T -1C" Mobile Home Subdivision District on Country Estates Unit 4, Lot D,
located on the east side of Emory Drive at Shelton Boulevard.
Mayor Rhodes said the Planning Commission and staff recommended denial of the requested
"T -1C" District, and in lieu thereof, approval of a Special Permit for a mobile home in accordance
with a site plan subject to five (5) conditions.
No one appeared in opposition to the zoning change. Council Member Best made a motion
to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously.
Mr. Utter explained that in 1981 the city was sued by an individual who wanted to put a
mobile home on a single-family lot, and the city lost. In response, in 1982 the ordinance was
changed to state that mobile homes could only be placed in zoning districts "T -1A," "T -1B," and "T-
1 C." He said this particular zoning case was a difficult one; he said the acreage was smaller than
the minimum lot size necessary under "T -1C," but there are mobile homes in close proximity to the
subject property which are "grandfathered" under the zoning regulations. He said staff did not see
this case as setting a precedent, and there was some ambiguity in the ordinance which needed to be
addressed.
Council Member Martin said he felt this case was setting a precedent. Mr. Utter said the
ambiguity he spoke of referred to the ability to grant a special permit to allow this usage, and staff
may propose recommending that special permits no longer be used in "T -1A," "T -1B," or "T -1C"
zoning cases where the lot size is less than the required amount in the ordinance. Mr. Martin pointed
out that the Council did not have to grant special permits.
Responding to a question from Mr. Martin, City Attorney Bray said that if the Council
granted a special permit in this case, it would be difficult for other owners of "R -1B" lots to make
their own cases because generally there is a lot of discretion involved in granting special permits.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 022801
Amending the Zoning Ordinance upon application by Marilyn Birge, by granting a Special
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Regular Council Meeting
December 17, 1996
Page 18
Council Permit for a mobile home subject to five (5) conditions on Country Estates Unit 4,
Lot D; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Cooper absent.
* * * * * * * * * * * *
*
Mayor Rhodes opened the public hearing on the following zoning case:
15. Case No. 1196-4A. City of Corpus Christi: Zone newly annexed area to an "R -1B" One -
family Dwelling District on Mariano L. De Herrera Grant, Abstract 606, being 6.481 acres
out of a 205.80 acre tract, located west of Wood River Drive and north of Rapids Drive.
Mayor Rhodes said the Planning Commission and staff recommended approval.
No one appeared in opposition to the zoning change. Council Member Best made a motion
to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 022802
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing
the Zoning Map in reference to Mariano L. De Herrera Grant, Abstract 606, being 6.481
acres out of a 205.80 acre tract by zoning of newly annexed area to "R -1B" One -family
Dwelling District; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 16 through 25, and Council Members requested that
Items 20, 21, and 22 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were passed:
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Regular Council Meeting
December 17, 1996
Page 19
16. M96-384
Motion awarding a contract in the amount of $61,096 to Bracco Construction Co. for the
O.N. Stevens Water Treatment Plant: Remote Chlorine Residual Analyzers project.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
17. M96-385
Motion authorizing the acquisition of Parcel 2-26 located at the northeast corner of Holly
Road and South Staples Street from Rosche One Interest L.P. for $65,609 in connection
with the Holly Road Street Improvements Project, Phase 2.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
18. M96-386
Motion authorizing the City Manager, or his designee, to apply for and to execute all
necessary documents for continued financial assistance through the Texas General Land
Office for beach cleaning and life guarding at Padre Island during FY 96-97.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
19. M96-387
Motion authorizing the City Manager, or his designee to execute an agreement with Coastal
Bend Council on Alcohol and Drug Abuse to provide $25,000 from the FY96 CDBG
Program to install a new air conditioning/heating system at 1201 Third Street.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
23. ORDINANCE NO. 022803
Ordinance authorizing the City Manager or his designee to execute a Participation
Agreement with the Corpus Christi Independent School District (CCISD) for sidewalk and
bridge construction improvements along Grand Junction Boulevard and Sanders Drive of
which the City's share of costs must not exceed $20,769 for sidewalk improvements and
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Regular Council Meeting
December 17, 1996
Page 20
$47,868.22 for the bridge.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
24. ORDINANCE NO. 022804
Ordinance authorizing the City Manager or his designee to execute an extension of the Lease
Agreements with Pagan -Lewis Motors dba Budget Rent-A-Car of Corpus Christi, Inc.,
Coastal Bend Rent-A-Car dba Avis Rent-A-Car, Mar Jean Texas, Inc. dba Hertz Car Rental,
National Car Rental of Corpus Christi, Inc., on a month-to-month basis, for a period not to
exceed 12 months, for use of space at the Corpus Christi International Airport.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
25.a. FIRST READING ORDINANCE
Closing and abandoning a 4,031 square foot portion of a 7.5 foot wide utility easement in Lot
1, Block 1, Dusty Hills Subdivision; subject to compliance with the specified conditions and
the owner replatting within 180 days at the owner's expense.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
25.b. FIRST READING ORDINANCE
Closing and abandoning a 4,031 square foot portion of a 7.5 foot wide utility easement in
Lots 7 and 8, Section 13. Flour Bluff and Encinal Farm and Garden Tracts; subject to
compliance with the specified conditions and the owner replatting within 180 days at the
owner's expense.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 20, Downtown Management District (DMD)
contract.
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Regular Council Meeting
December 17, 1996
Page 21
Council Member Heldenfels said a lawsuit had been filed concerning the DMD, and he
expressed concern about this proposal. Mr. Hennings commented that in the budget approved by
the Council, there was a $100,000 line item for the purchase of services to help with the
administration of the DMD. He said if the DMD no longer existed, the city may have some claim
on some portion which was unspent; he added that he had not considered that possibility.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
20. M96-388
Motion authorizing the City Manager to execute an agreement with the Corpus Christi
Downtown Management District in the amount of $100,000 for assistance in downtown
development and redevelopment activities.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 21, contract for professional representation in
Washington, D.C.
Council Member Heldenfels expressed concern that under this proposal, the city does not
have a direct association with the client (the Washington firm of Meyers & Associates); rather, the
contract is with the Greater Corpus Christi Business Alliance, which in turn obtains professional
representation from Meyers & Associates.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
21. M96-389
Motion authorizing the City Manager, or his designee, to enter into a contract with the
Greater Corpus Christi Business Alliance (Alliance) wherein, for the period January 1, 1997
through December 31, 1997, the Alliance will obtain professional representation in
Washington, D.C. from Meyers & Associates on legislative and policy issues related to long
term water supply and related debt, area military facilities, ozone standards under the Clean
Air Act, and various other federal regulatory and funding programs, and providing that the
City will pay $5,500 per month to the Alliance for professional representation and up to
$5,000 over the term of the contract for actual travel expenses related to supervision of the
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Regular Council Meeting
December 17, 1996
Page 22
contract.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 22, a contract to hire a financial advisor.
Mr. Hennings said that this item needed to be amended. Mayor Rhodes made a motion to
amend Item 22 as follows: delete the words "Nueces River Authority and the Lavaca-Navidad River
Authority" in the second line and replace with the words "City of Corpus Christi" on that line.
Council Member Cooper seconded the motion, and it passed unanimously.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
22. M96-390
Motion authorizing the City Manager to enter into a financial advisory contract with M.E.
Allison & Co., Inc. for services on behalf of the City of Corpus Christi for the proposed
Nueces River Authority Revenue Bond Sale of an amount not to exceed $135,000,000 and
the Lavaca-Navidad River Authority Revenue Bond Sale of an approximate amount of $5.5
million. The fee for this service is not to exceed $156,000.
The foregoing motion passed, as amended, by the following vote: Rhodes, Best, Black,
Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting
"No."
* * * * * * * * * * * * *
Mayor Rhodes called for the City Manager's report. Mr. Hennings said the first item in his
report concerned Municipal Court fine collections. He explained that several weeks ago staff had
provided a report upon the Council's request on the five-year history of fine collections. Council
Member Martin subsequently provided the Council with an analysis of how Corpus Christi's fine
collections compare with other cities, and the Council indicated that they wanted further discussion
on the issue. He said Mr. Martin's analysis showed that Corpus Christi's collections were lower than
any of the other cities surveyed, including El Paso's collections.
Mr. Martin said he was concerned that according to the data, Corpus Christi collects one-
third of the revenue per case with assumably the same fine structure and basically the same
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Regular Council Meeting
December 17, 1996
Page 23
demographics as the City of EI Paso, and half of the revenue of other cities, such as Arlington. He
said he questions why Corpus Christi's collection rate is so low, and he said there is the possibility
of collecting $2 million to $3 million more than is being collected now.
Mr, Hennings replied that the main factor contributing to the problem is that the Municipal
Court judges have been lenient in cases where people have said they did not have the money to pay
their fines. He said people are given payment plans to pay the fines, but those have proven to be
ineffective.
Chief Municipal Court Judge Rodolfo Tamez said he thought the issue was a staffing
problem, and the Municipal Court staff were preparing to make some recommendations to the
Council regarding that issue. One suggestion is to establish a collections unit, which would involve
more detailed financial information than is required at this time; another is to increase the staff in
the warrants division. He said he agreed that ideas should be gamered from the other cities on their
successful collection efforts.
Mr. Martin said if Judge Tamez needed additional staffing, he felt that the Council would be
willing to find the money to provide it because the return in revenues would far exceed the costs.
He asked staff to recommend a comprehensive approach to increasing collections to be presented
at one of the Council meetings in the near future.
Responding to Council Member Heldenfels, Judge Tamez explained that Municipal Court
consists of three divisions: Judicial Department, Prosecutor's Office, and Administration
Department. Mr. Heldenfels said he would be willing to provide more money to increase the court's
staffing and effectiveness. Mr. Hennings said the difficulty remains that people say they do not have
the money to pay their fines, and payment schedules have to be arranged. Mr. Heldenfels suggested
that a system be established similar to child support payments whereby people's wages are
garnisheed if they are employed.
Council Member John Longoria asked about the current collection system. Judge Tamez
explained that if a person pleads guilty or no contest, or is found guilty, he is assessed a fine and
given 31 days in which to pay it. If he cannot do so, he fills out a poverty guideline form and he is
given 60 days to pay the fine; if he still has not completed payment in that period, he is required to
request a time extension. If he does not appear, then a warrant for his arrest should be issued. Judge
Tamez said violations include traffic violations; violations of city ordinances (animal control,
zoning, etc.); and state penal code violations (public intoxication, theft, etc.).
Council Member Best reiterated that some cities have found successful ways to collect fines.
Judge Tamez said the key is to have a sufficient collections staff to follow through on the payment
of fines. He said Municipal Court is also working with the Police Department on identifying
multiple offenders, such as some gang members. If a person pleads not guilty to a violation, the
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Regular Council Meeting
December 17, 1996
Page 24
judge will set a bond and he will be released on bond. Judge Tamez noted that five days prior to trial
is the maximum time a person can be held for violation of a Class C Misdemeanor. He said if a
person has other charges filed against him, a judge will have to set a bond on the more serious
charges and he will be held over until that bond is met.
Mr. Martin said solutions --not problems --need to be found. He said he would like Judge
Tamez's report to indicate how many warrants are being served. Mr. Martin added that not everyone
who has failed to pay his fine is indigent. Judge Tamez agreed that solutions could be found.
Mr. Hennings pointed out that the next Council meeting is January 7, 1997, and issues to be
discussed include the water situation and the factory outlet center. He added that he will be leaving
town for a few days, and he wished the Council a Merry Christmas.
*************
Mayor Rhodes called for Council concerns and reports.
Council Member John Longoria requested a copy of Chief Alvarez's presentation earlier in
the meeting. He said there are several street signs that need to be replaced. He suggested that as the
drought continues, the city's landscaping ordinance should be reviewed to possibly include the
concepts of xeriscaping. Mr. Longoria also noted that there are several sidewalks throughout the city
which need cleaning, and he suggested the possibility of teams of youths being assigned to that task.
Council Member Best extended holiday greetings, and said he was pleased that the city had
a new City Manager who was doing so well.
Council Member Betty Jean Longoria said a citizen questioned the use of portable restroom
facilities at the Lozano Golf Course. Mr. Hennings replied that both municipal golf courses utilize
portable facilities, and they actually enhanced the service. He said at some point new, permanent
restroom facilities will have to be constructed.
Council Member Cooper complimented city staff on the Harbor Lights festival, and she
commended staff and volunteers for their efforts on the Senior Community Services Christmas
dinner.
Council Member Black also extended holiday greetings to all.
* * * * * * * * * * * * *
Mayor Rhodes called for petitions from the audience.
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Regular Council Meeting
December 17, 1996
Page 25
Mr. Buck Sosa, President of the local Firefighters Association, introduced Mrs. Shirley
Wynn, the widow of deceased firefighter Larry Wynn. He said she was not paid the full amount due
to her. He said the City Manager is not willing to address the issue of staffing with regard to
negotiations with the union. He said Corpus Christi has the highest injury rate in the state. Mr. Sosa
said following last week's discussion of the firefighters' situation, the union submitted a letter to the
City Manager requesting an opportunity for dialogue, and they had not yet received a reply. He said
the firefighters' demands were within reason.
Replying to Mayor Rhodes, Mr. Hennings said he had just received Mrs. Wynn's name that
morning, and he is having that case reviewed. Mr. Hennings said the firefighters deserve a pay raise,
and the city offered them an agreement for three years with a 3% annual increase, which is the same
increase the Council approved for other city employees. He said the difference is that it would have
been retroactive to August 1, 1996 for the firefighters. However, he said, the union rejected the
offer, stating concern about parity with the police union's agreement. Consequently, the city offered
the firefighters an agreement providing for a 4% increase for one year (2% on August 1 and 2% on
February 1), but they rejected that offer. He said they offered to accept a one-year agreement with
a 3% increase, and after discussing that with the Council, staff told the union they were agreeable
to the offer, but the union then rejected it. Mr. Hennings said the city will continue to work with the
union to resolve the issues.
Mr. Leroy Barbosa said there are other issues to be resolved with the firefighters in addition
to the financial issues, such as grievance procedures and insurance. He said there seems to be no
continuity with regard to insurance. He said the firefighters were hoping to receive some feedback
from the Council members and the public.
Mr. Carlos Torres, Vice President of the local Firefighters Association, said Mr. Sosa was
not able to respond to statements made last week by Mr. Hennings because of the three-minute rule
regarding petitions from the audience. He said the Corpus Christi Firefighters Union has repeatedly
asked, to no avail, to be placed on the City Council agenda to air concerns about inadequate staffing
on fire equipment, lack of additional EMS units, shortage of fire stations, wages, and other issues.
He said the Council members were also invited a few years ago to visit the fire stations, and to his
knowledge none had done so. He said the union has not been able to resolve any of these issues with
the Fire Chief, and he invited Mr. Hennings to personally attend the contract negotiations rather than
the union having to meet with the city's representative.
Mayor Rhodes told Mr. Torres that the union representatives have not been placed on the
agenda because the City Council meeting is not the place to conduct contract negotiations.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 6:50 p.m. on December 17, 1996.