HomeMy WebLinkAboutMinutes City Council - 06/04/1975PRESENT:
Mayor Jason Luby
Mayor Pro Tem Bill Tipton
Commissioners:
Eduardo de Ases
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
June 4, 1975
2:00 P.M.
City Manager R. Marvin Townsend
Acting City Attorney Michael May
City Secretary Bill G. Read
g/
Mayor Jason Luby called the meeting to order in the Council Chamber
of the City Hall.
The Invocation was given by Reverend•D. R. Jonson, Annaville Assembly
of God Church.
City Secretary Bill G. Read called the roll of those in attendance.
Mayor Luby announced issuance of proclamations relative to the follow-
ing: NATIONAL RESPIRATORY CARE WEEK, June 8 through June 14, 1975; NATIONAL
REFRIGERATION SAFETY WEEK, June 9 through June 15, 1975; and CHIEF RED FOX DAY,
June 11, 1975.
Lt. Col. Chas. M. Keranan of the American Legion, appeared and presented
24 young people who have been selected as official good will ambassadors to parti-
cipate and represent the City of Corpus Christi in the American Legion's Boys State
and Girls State programs to be held in Austin and Seguin this month. Mayor Luby
gave special recognition to the youths in attendance, and presented each with a
Certificate of Commendation for having received this special designation.
Mayor Luby presented retirement plaques to the following City employees:
Kirby Stockstill, Principal Filter Plant Operator in the Water Department (19 years
service); Avo L. Ray, Laboratory Technnician I, Health Department (29 years service);
Lonnie W. Kubala, Sr. Property Advisor, N.I.P. (20 years service) and Hilario C.
Rodriguez, Park Caretaker, Park Department (38 years service).
Motion by Gill, seconded by Sample and passed, that Bill B. (Dub) Willson
be appointed as chairman of the Sister City Committee; that Cynthia Sanchez and
Fred Latham be appointed vice chairmen; and City Secretary Read be designated as
an ex -officio member to serve in an advisory capacity.
Mayor Luby called for the City Manager's Reports, and City Manager
Townsend presented recommendations with comments and explanations, as follows:
a. That bids be received at 11:00 a.m., Tuesday, June 17, 1975 on the
Greenwood Softball Complex Food Concession, for a three or five-year period;
Minutes
Regular Council Meeting
June 4, 1975
Page 2
b. That a lease be awarded to Mr. Bryan I. Ramon, 805 South Water Street,
for a 4 -month concession on McGee Beach at 8% gross income, based on the only bid
received. The concession is subject to termination or relocation on the beach to
avoid interference with ongoing construction contracts. (Bid Tabulation #33-75)
c. That bids be received from June 23 thru June 27, 1975 on 62 Annual
Supply Contracts for various using activities for the period August 1, 1975 through
July 31, 1976. Total estimated purchases for 1975-76 are in excess of $3,700,000,
based on approximately the same material quantities as in 1974-75.
d. That a 5 -year extension of a lease between Corpus Christi Bank and Trust
and Carrie Sparks d/b/a Airport Food Catering, be approved for services provided
directly to and needed by the airlines. The airlines have been contacted and are
satisfied with the service and recommend renewal. The Airport Advisory Board
recommends the extension. The present contract expires July 31, 1975. It provides
for rent equal to 6 percent of sales. Corpus Christi Bank and Trust, at the request of
the City, leased various sites at the Airport for 30 years with voter approval in
1959. Their only responsibility under the lease is to sub -lease to tenants under
terms approved by the City.
e. That an agreement be executed with the Highway Department regarding the
responsibility of both parties for installation, operation and maintenance of future
traffic signals along controlled access freeways in Corpus Christi. This blanket
agreement will eliminate the need to pass separate ordinances for each traffic signal
installation. The agreement provides that the State will install the signals upon
approval of signal plans by the City Manager and the City will operate and maintain
them.
f. That $24,125 be appropriated from the Park Bond Fund for development of
Ropes Park, including an irrigation system, grass fertilizer, walkways and steps, and
landscaping. The project is a joint effort of the City and the Youth Conservation
Corps,funded under a grant through the Texas Department of Community Affairs. The
Youth Conservation Corps is a six-week summer live-in camp experience for youth 15-18
years through Texas in which the youth participate in an environmental development
project. The youth will be housed at the former Corpus Christi Abbey.
g. That an agricultural water contract be approbed for the Zdansky farms
located on FM 2444 and County Road 49 near Chapman Ranch Road. The line ends at the
Zdansky property., The underground water is not available. The family has been ,
hauling water for many years from a nearby gin that is now closed. They need water
Minutes
Regular Council Meeting
June 4, 1975
Page 3
for home use and livestock. All but two of the persons on the line have signed
a petition endorsing the request.
h. That Parcels 7 and 8 for the Naval Air Station Safety Zones, Project
Area 1, be acquired for $1,400.00 from Ms. Nancy Bowen. These parcels are on
McIver Street between Matlock Street and the Naval Air Station. No additional
appropriation is required. The acquisition price is $300.00 over the approved
value but is the same price per parcel that the City is paying for adjacent parcels
on McIver Street.
i. That the right-of-way maps for the Baldwin Farms and the Gabriel Terrace
Outfalls be approved so title work and estimates of property value can be prepared
prior to acquisition of right-of-way. The 1972 Bond Election Project will drain
the area between Padre Island Drive, Old Brownsville Road and Highway 44. The
Baldwin Farms outfall contains 4 parcels and Gabriel Terrace, 23 parcels.
j. That change order No. 5 to the Airport Tower Expansion for $3,376.00
be approved. The change order provides:
(1) Electrical changes to switch gear to facilitate a larger
generator requested by the Federal Aviation Agency $2,100.00
(2) Change air duct on fifth floor to accommodate FAA
electronic equipment 527.00
(3) Removal and replacement of ceiling tiles on the third
floor to facilitate air duct work 749.00
Existing appropriations are sufficient. The cost is to be amortized
by FAA.
k. That an application be authorized to continue the program to improve
barricading and signing around construction sites thru the Governor's Office of
Traffic Safety. This 3 -year program will end in June, 1976. The request is for
$19,790 of which the Federal and State portion is $4,945 and the local is $14,845.
Under the program, a barricading manual has been produced and discussed with all
agencies working in public streets.
1. That authority be granted to submit an application to continue a program
of photologging City streets thru the Governor's Office of Traffic Safety. This is
a 2k year program that began in January, 1975. The grant request for July 1, 1975
through June 30, 1976 is $28,122 of which the Federal and State portion is $5,894 and
the City's $22,228. The photographic data provided by this program will be used
primarily to identify traffic hazards and inventory traffic control devices. The film
will be available for all departments to use such as preparation of assessment rolls.
Minutes
Regular Council Meeting
June 4, 1975
Page 4
m. That bids be received at 11 a.m., Tuesday, July 1, 1975 for three-year
contracts to operate the Massey Street Police Car Pound and to pick up abandoned
vehicles. Under the Massey Street Car Pound contract, the bidder will state how
much the City will pay to operate the pound. If the income from towing and storage
exceeds the costs of operating the Pound for any 3 -month period, the City reserves
the right to re -negotiate the amount of annual payments. The abandoned car contract
will require the bidders to pay the City for each car towed to his pound. The con-
tractor will receive the money from the sale of vehicles or towing and storage fees
if the car is reclaimed. The towing fees allowed under both contracts will be $10.00
for a normal tow and an additional $10.00 for reasonable additional labor necessary
to tow a vehicle provided that such additional labor is itemized. In no case, will
the fee charged exceed $20.00. The storage fee will be a $1.00 per day.
n. That the Abandoned Motor Vehicle Ordinance be amended to allow certain
additional charges where unusual labor is involved such as disengaging of driveshafts,
removal of tires, towing of a motorcycle, or pulling a car from a ditch. When one or
more of these items is performed, an additional charge, not to exceed $5.00 will be
allowed not to exceed $10_00. The existing ordinance only allows a charge of $10.00
plus $5.00 where a dolly is used. This amendment would bring these charges more in
line with the charges by wreckers responding under the Police rotation system.
o. That authority be granted to sign a 2 -year agreement with the Texas
Office of the Governor reconfirming the designation of the City as the Metropolitan
Planning Organization for the Corpus Christi Urbanized Area effective July 3, 1975.
The original agreement was made on July 2, 1974. The Metropolitan Planning Organiza-
tion designation is necessary to comply with the Federal -Aid Highway Act of 1973
which provides for the City to assume responsibility for transportation planning
including preparation of the Unified Work Program, coordination of transportation
planning. The agreement will authorize the City to receive $45,288 for transporta-
tion planning in 1976 and $46,542 for 1977.
p. That authority be granted for an agreement with the Office of the Governor,
Division of Planning Coordination, for a student internship progran One student
would be assigned to the City during the summer for 11 weeks, the Fall for 14 weeks
and the Spring for 14 weeks. The City would be reimbursed for the intern's salary
during this period at the rate of $1,200 for the summer on a 30 hour work week basis
and $1,000 for the Fall and Spring on a 20 hour work week basis. The intern will
be placed in the Office of Community Enrichment.
Minutes
Regular Council Meeting
June 4, 1975
Page 5
q. That the City Manager be authorized to submit a Title I grant modifi-
cation (1975-1976 program) to the Department of Labor for the Administrative Unit
for the Coastal Bend Manpower Consortium. The modification will increase the
fiscal year 1975 grant by $2,621,324, for a total of $6,121,806. Executive Com-
mittee action was taken Monday, June 2, 1975.
r. That plans and specifications for the construction of the parking lot
near the F.A.A. Tower at the Corpus Christi International Airport be approved and
bids be received on June 25, 1975. The project includes construction of 112 new
parking spaces, re -surfacing and improvements to the existing lot, and re -design of
access to the expanded tower.
Motion by Lozano, seconded by Tipton and passed, with Gulley voting "Nay"
on Items "k" and "1", that the City Manager's Reports be accepted, and Items "a"
through "r" be granted, approved and adopted, as presented by City Manager Townsend.
City Manager Townsend presented the following ordinances for the Council's
consideration:
FIRST READING OF AN ORDINANCE AMENDING SECTION 33A-8 OF THE CORPUS CHRISTI CITY
CODE, AS AMENDED, BY AMENDING PARAGRAPH (a) OF SAID SECTION 33A-8 SO AS TO ALLOW
CERTAIN ADDITIONAL CHARGES WHERE UNUSUAL LABOR IS INVOLVED, SUCH AS DISENGAGING
OF DRIVESHAFTS, REMOVAL OF TIRES, TOWING OF MOTORCYCLES, OR PULLING A CAR FROM A
DITCH; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and
Sample, present and voting "Aye".
FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXTENSION OF
THE ASSIGNMENT OF LEASE BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND
JAMES D. SPARKS AND CARRIE SPARKS, COVERING THE AIRLINE CATERING KITCHEN FACILITIES
AT CORPUS CHRISTI INTERNATIONAL AIRPORT, A COPY OF SAID EXTENSION AGREEMENT BEING
ATTACHED HERETO AND MADE A PART HEREOF.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and
Sample, present and voting "Aye".
2ND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXTEND
THE CONTRACT AND LEASE AGREEMENT WITH THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS,
INC. FOR THE USE OF THE GARDEN CLUB BUILDING SITUATED IN CORPUS CHRISTI NATURE .
CENTER PARK, ADJACENT TO GREELY DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, FORA TERM OF FIVE YEARS, UNDER THE TERMS AND CONDITIONS AS SET FORTH IN THE
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE
A PART HEREOF.
The foregoing ordinance was read for the 2nd time and passed to its third
reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and
Sample, present and voting "Aye".
Minutes
Regular Council Meeting
June 4, 1975
Page 6
2ND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168, GENERALLY REFERRED'TO AS
THE "PLATTING ORDINANCE", AS AMENDED, BY ADDING TO SECTION V, SUBSECTION B, A'11NEW
ITEM, TO BE DESIGNATED AS ITEM 10, REQUIRING AS PART OF THE SUBDIVISION IMPROVEMENTS
IN THE CITY OF CORPUS CHRISTI, THE INSTALLATION OF RAMPS FOR THE HANDICAPPED AND
BICYCLE USERS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the .2nd time and passed to its third
reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley,Lozano and
Sample, present and voting "Aye".
2ND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, AND
PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT AIL TIMES
ON CERTAIN STREETS", BY ADDING THERETO AN ITEM WHICH WILL HAVE THE EFFECT OF PRO-
HIBITING PARKING AT ALL TIMES ON THE EAST SIDE OF EVERHART ROAD, FROM WILLIAMS DRIVE TO
HOLLY ROAD; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the 2nd time and passed to its third
reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and
Sample, present and voting "Aye".
2ND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE WITH
THE UNITED STATED OF AMERICA FOR USE BY THE FEDERAL AVIATION ADMINISTRATION OF AN
AREA AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR INSTALLATION AND OPERATION OF
MALSR, INSTRUMENT LANDING SYSTEM SITES, M/M, GLIDE SLOPE AND LOCALIZER FACILITIES,
AS MORE FULLY SET FORTH IN THE LICENSE, IN SUBSTANTIALLY THE FORM ATTACHED HERETO,
MARKED EXHIBIT "A", AND MADE A PART HEREOF.
The foregoing ordinance was read for the 2nd time and passed to its third
reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and
Sample, present and voting "Aye".
ORDINANCE N0. 12625
APPROPRIATING OUT OF THE N0. 291 PARK BOND FUND $24,125 FOR DEVELOPMENT OF ROPES
PARK, SAID DEVELOPMENT TO INCLUDE IRRIGATION SYSTEM, GRASS AND FERTILIZER, CONSTRUC-
TION OF WALKWAYS AND STEPS AND LANDSCAPING; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE N0. 12626
AUTHORIZING A CONTRACT WITH THE ZDANSKY FARM FOR WATER OUTSIDE THE CITY LIMITS,
ALL AS MORE FULLY SET FORTH IN THE CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED
HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE N0. 12627
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH BRYAN L. HAMON FOR
A FOUR-MONTH CONCESSION ON MC GEE BEACH, ALL AS MORE FULLY SET FORTH IN THE LEASE
AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A", AND MADE
A PART HEREOF; AND DECLARING AN EMERGENCY.
Mi�.,,ces
Regular Council Meeting
June 4, 1975
Page 7
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 12628
AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR AGREEMENT, EFFECTIVE JULY 3, 1975,
WITH THE TEXAS OFFICE OF THE GOVERNOR TO PROVIDE FOR RECONFIRMATION OF THE CITY OF
CORPUS CHRISTI AS THE METROPOLITAN PLANNING ORGANIZATION FOR THE CORPUS CHRISTI
URBANIZED AREA AND TO COMPLY WITH THE FEDERAL -AID HIGHWAY ACT OF 1973, ALL AS MORE
FULLY SET FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED
EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 12629
APPROVING ADOPTION OF STANDARD FORM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI
AND THE TEXAS HIGHWAY DEPARTMENT FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF
TRAFFIC SIGNALS TO BE INSTALLED ALONG CONTROLLED ACCESS FREEWAYS IN THE CITY OF
CORPUS CHRISTI, DESIGNATED AS "MUNICIPAL AGREEMENT, TRAFFIC SIGNAL FREEWAY - TYPE "B",
IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 12630
AUTHORIZING THE CITY MANAGER TO APPLY FOR STATE ASSISTANCE AND TO SUBMIT SUCH
INFORMATION AS MAY BE NECESSARY AND REQUIRED TO CONTINUE THE BARRICADING COORDIN-
ATOR AND PROGRAM FOR THE CITY OF CORPUS CHRISTI, AS SET FORTH IN THE APPLICATION,
A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A
PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO
C ONTINUE THE PROGRAM IF AND WHEN APPROVED; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 12631
AUTHORIZING THE CITY MANAGER TO APPLY FORA GRANT FOR STATE AND FEDERAL TRAFFIC
SAFETY FUNDS THROUGH THE GOVERNOR'S OFFICE OF TRAFFIC SAFETY FOR THE PURPOSE OF
CONTINUING A PHOTOLOGGING PROGRAM TO PHOTOGRAPH ALL STREETS IN THE CITY OF CORPUS
CHRISTI, TEXAS, A SUBSTANTIAL COPY OF WHICH GRANT APPLICATION IS ATTACHED HERETO,
MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING EXECUTION OF THE GRANT
AND ALL RELATED CONTRACTS NECESSARY TO CONTINUE THE PROGRAM IF AND WHEN APPROVED;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and
voting "Aye"; Gulley voting "Nay".
Minutes
Regular Council Meeting
June 4, 1975
Page 8
ORDINANCE NO. 12632
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE OFFICE OF THE
GOVERNOR, DIVISION OF PLANNING COORDINATION, FOR AN INTERNSHIP PROGRAM, ALL AS
MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 12633 -
AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT A CETA, TITLE I GRANT MODIFI-
CATION FOR THE CITY AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CON-
SORTIUM, TO THE DEPARTMENT OF LABOR PROVIDING FOR AN INCREASE OF $2,621,324 OF FISCAL
YEAR 1975 FUNDS AND REPROGRAMMING UNEXPENDED FUNDS FOR $60,983,AS MORE FULLY OUTLINED AND
SET FORTH IN THE PROPOSAL, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND
NECESSARY DOCUMENTS FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID
PROGRAMS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, lozano and Sample, present
and voting "Aye"
City Secretary Read stated that according to his tabulation, all ordinances
voted upon had passed with votes as indicated.
Mayor Luby called for petitions or information from the audience.
Judge Mike Westergreen appeared and presented a proposal to the Council for
establishment of a night magistrate system in Corpus Christi. He stated a night
magistrate is needed to handle such matters as search warrants, arrest warrants and
emergency commitments for mentally disturbed persons on nights and weekends. He
explained that until recently such police actions were handled after regular hours
by any magistrate officer which could be located and at the present time, a voluntary
system has been arranged by two municipal judges and three justices of the peace
but has not been determined if this sytem will work. He explained the difficulty in
locating a magistrate for a warrant, stating the delay could prevent arrests in some
cases and make prosecution difficult or impossible in cases where officers act without
proper authority. He explained that the State grant would require increasing the
local participation over a three-year grant period and at the end of the three years,
the City would have to decide whether to continue the program with full local financing.
He stated that all he was asking was that the Council indicate an interest in the
proposal so the Coastal Bend Council of Governments could consider it for funding
through the State Criminal Justice Council.
Minutes
Regular Council Meeting
June 4, 1975
Page 9
Assistant District Attorney Grant Jones joined Judge Westergren in the
proposal on behalf of District Attorney William Mobley who was prevented from
attending this meeting. Mr. Jones commented that crime does not cease at five p.m.
or on weekends, and an available magistrate could help both the police and the
prosecutors.
Motion by Tipton, seconded by de Ases and passed, that the staff be
authorized to file an "interest statement of information" with the Coastal Bend
Council of Governments.
Mr. Jesse D. Hall, 4530 Green Grove, appeared relative to a matter which
was presented to the Council on May 28, by Mr. Jack Pedigo, attorney representing
Mr. Hall who had been arrested for speeding on January 10, 1975. Mr, Hall challenged
a statement allegedly made by City Manager Townsend on a local television station
regarding the incident. Mr. Townsend explained that his statement was made in
accordance with what the report had indicated and that was that the officers glasses
were found 24 feet from the edge of the pavement from where the arrest was made
which indicated that the glasses were knocked there. He explained that this matter
has been carefully investigated and indications are that there was some kind of
provacation which changed a relatively routine arrest for speeding into something
more complex. Regarding Mr. Hall's complaint that the tape made of the incident
had been erased, Mr. Townsend stated there had not been a tape made other than the
one routinely used by the officer making a backup call. He stated that there appears
to be conflicting statements being made, and he finds no basis in the report of
improper action on the part of the officers. Mr. Hall stated he is willing to take
a lie detector test providing the arresting officer will also take the test "to find
out who is telling the truth". He asked for a copy of the report and City Manager
Townsend stated he would discuss this with the Chief of Police and will contact Mr. Hall.
Commissioner de Ases stated that Mr. Hall has the right to file his complaint
in the County Attorney's office and that is where it should be rather than to the City
Council.
There being no further business to come before the Council, motion by Lozano,
seconded by Gulley and passed, that the meeting be adjourned at 3:35 p.m., Wednesday,
June 4, 1975, after which City Manager Townsend presented background information and
the present status of Choke Canyon Dam.