HomeMy WebLinkAboutMinutes City Council - 10/14/1986PRESENT:
Mayor Luther Jones
Council Members:
David Berlanga, Sr.
*Leo Guerrero
Joe McComb
*Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
Absent
Mayor Pro Tem Jack Best
Hall.
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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
OCTOBER 14, 1986
2:05 P.M.
City Manager Craig A. McDowell
City Attorney Hal George
City Secretary Armando Chapa
Mayor Jones called the meeting to order in the Council Chamber of City
The invocation was given by Reverend Monte Marshall of Ashbury United
Methodist Church, following which the Pledge of Allegiance to the Flag of the
United States was led by Council Member McComb.
City Secretary Chapa called the roll and verified that a quorum of the
Council and the required Charter Officers were present to conduct the meeting.
A motion was made by Council Member McComb to excuse the absence of Mayor
Pro Tem Best; seconded by Council Member Pruet; and passed unanimously.
**Council Members Guerrero and Mendez arrived at 2:10 p.m.
A motion was made by Council Member Slavik that the minutes of the Regular
Council Meeting of October 7, 1986, be approved as presented; seconded by
Council Member McComb; and passed unanimously.
* * * * * * * *
Mayor Jones introduced Mr. Sam Mosley with the Department of Housing and
Urban Development.
MICROFILMED
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Regular Council Meeting
October 14, 1986
Page 2
Mr. Mosley introduced Mr. John Caneer, representative of the Secretary of
the Department of Transportation; Ms. Paulette Standerford; and Mr. Bill
Robinson, representative for Senator Phil Gramm.
Mr. Mosley then presented a certificate to Mayor Jones for the City's
excellent work in the field of community development. He stated that the City
has done an outstanding job in administering the Community Development Block
Grant Program.
Mayor Jones accepted the certificate on behalf of the City, and stated that
this is due to the hard work of the staff, particularly City Manager Craig
McDowell, Assistant City Manager Tom Utter, and Kelly Elizondo, Director of
Community Development.
Mayor Jones displayed to the audience the certificate for economic
development that the City had received at the TML meeting in Houston.
Mayor Jones displayed photographs in the book "A Day in the Life of the
United States of America." He displayed photographs taken by Mr. Fred Cano,
Health Department, and Ms. Cynthia "Jeanie" Garza, Information Services.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Motions, items 1
through 5 and Ila, and the Consent Ordinances, items 6 through 11.
Council Member Slavik referred to Ordinance 7, acquisition of land for the
Baldwin Farms Drainage Outfall, and Assistant City Manager Lontos stated that
there are approximately 10.5 acres remaining to be acquired. He stated that the
price will be less than the parcel in Ordinance 7, because the parcels do not
front on Padre Island Drive.
Mayor Jones referred to item lla, $25,625,000 bond sale, and asked for
comments from the staff.
City Manager McDowell stated that this authorizes staff to prepare the
prospectus and to conduct the sale; the funds will be received in early
December; and projects will be under construction in the early part of 1987. He
stated that a bond rating will be established around November 1, 1986.
In response to questions from Council Member Berlanga, Mr. McDowell stated
that the $25 million is the program the Council approved six weeks ago; it will
be marketed at that amount; there will be several conglomerates bidding on the
bonds; once the funds are received, the Council will approve construction
contracts for the different projects; and this is the first phase of the
$111,000,000 which will be spread out over approximately 5 years.
Council Member Pruet inquired if an economic impact figure was known, and
Mr. McDowell stated that staff is in the process of evaluating this.
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Regular Council Meeting
October 14, 1986
Page 3
There were no comments from the audience on the Consent Motions or Consent
Ordinances.
A motion was made by Council Member Guerrero to approve motions 1 through 5
and 11A; seconded by Council Member Pruet; and passed unanimously.
1. M86-0429
Approving the purchase of 960 tons of volcanic basalt material to be used as
road aggregate from White's Mines for a price of $20,630.40.
2. M86-0430
Approving the following actions on the Horne Road and Water Street Sanitary
Sewer Sludge Removal project:
a. Payment of $46,824.52, which represents previously earned retainage
and settlement of claims on this project, be authorized to John G.
Holland Construction and Shur -Flo, Inc., dba Slipliners.
b. The contract between this firm and the City be terminated by mutual
consent prior to completion.
The total cost of the work performed by the contractor, including claim
settlement, is $108,223.60.
3. M86-0431
Accepting the repairs to the McArdle Sanitary Sewer Line completed by Miller
Pipeline Corporation and authorizing final payment of $18,914.00.
4. M86-0432
Authorizing the City Manager or his designee to act as responsible officer for
the signing of vouchers received from the Texas Commission on the Arts matching
funds program.
5. M86-0433
Approving renewal of a lease agreement between the City of Corpus Christi Jobs
Training Program and Israel Goltzman & Sons for office space at 606 Waco. Terms
of the lease are $1,150 per month for nine months. Funds are available through
the JTPA and NCOA Program budgets.
lla. M86-0434
Authorizing bids to be received until 11:30 a.m., Tuesday, November 18, 1986,
for the sale of $25,625,000 of General Improvement bonds with the sale to be
acted on at the Regular Council Meeting at 2:00 p.m. on the same date.
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Purpose of Bonds Amount
Wastewater $10,580,000
Drainage 2,300,000
Aquarium 1,300,000
Public Health/Safety 800,000
Airport 910,000
Park & Recreation 3,015,000
Streets 6,720,000
Total: $25,625,000
* * * * * * * * * * * * *
City Secretary Chapa polled the Council for their votes on the Consent
Ordinances, items 6 through 11, as follows:
6. ORDINANCE NO. 19520
AUTHORIZING THE EXECUTION OF DOCUMENTS NECESSARY FOR CONVEYANCE OF CLOSED
PORTION OF WACO STREET TO THE COUNTY FOR $94,500; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Best
absent.
7. ORDINANCE NO. 19521
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 5 IN CONNECTION WITH THE BALDWIN FARMS DRAINAGE OUTFALL PROJECT;
APPROPRIATING $226,000; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Best
absent.
8. ORDINANCE NO. 19522
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HIGINIO J. CANTU AND MARILYN
MCKEITHAN BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 12a, BLOCK 9,
GARDENDALE NO. 1, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL
OFFICE DISTRICT WITH A SPECIAL PERMIT FOR A RESTAURANT ON THE NORTHWEST ONE-HALF
OF THE LOT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Best
absent.
Minutes
Regular Council Meeting
October 14, 1986
Page 5
9. FIRST READING
ANNEXING AN 11 ACRE TRACT OF LAND OUT OF LOTS 9-14 AND 19-24, SECTION 6, FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACTS, OWNED BY THE CITY OF CORPUS CHRISTI.
The Ordinance was read for the first time and passed to second reading as
follows: Jones, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye"; Best absent.
10. FIRST READING
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 14C -D AND THREE YEAR FARMING LEASE AGREEMENT IN CONNECTION WITH THE
INTERNATIONAL AIRPORT LAND ACQUISITION PROJECT; APPROPRIATING $907,350; AND
PROVIDING FOR PUBLICATION OF SAID LEASE.
The Ordinance was read for the first time and passed to second reading as
follows: Jones, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye"; Best absent.
11. SECOND READING
AMENDING CHAPTER 17, FINANCE AND TAXATION, BY AMENDING SECTION 17-60, AUTHORITY
TO SELL AT AUCTION, AND BY ADDING A SECTION 17-68, AUTHORITY TO DISPOSE OF
HANDGUNS AND OTHER DANGEROUS WEAPONS, SETTING FORTH GUIDELINES FOR DESTRUCTION
OF ABANDONED HANDGUNS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The Ordinance was read for the second time and passed to third reading as
follows: Jones, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye"; Best absent.
Regarding Ordinance 6, sale of Waco Street right-of-way to Nueces County,
Mayor Jones informed the audience that the City offered the County several
options regarding acquisition of the property; the County wanted to buy the
right-of-way; and State law requires that the transfer of land between
governmental entities be based on the appraised value.
Council Member Strong stated that this was the County's choice.
* * * * * * * * * * * *
Mayor Jones called for consideration of Ordinance 12, award of a contract
to Progressive Structures, Inc. for park improvements.
Assistant City Manager stated that 50% of this is funded through state
funds, and the remainder through bond funds.
Assistant City Manager Lontos explained that when the bids for this project
were opened, Zeller was the apparent low bidder based on total bid; the
specifications on unit price contracts require that the amounts be bid in
numbers and words; if there is a discrepancy, the written word prevails; the
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Regular Council Meeting
October 14, 1986
Page 6
staff did not change anything on the bids, but where there was a discrepancy,
staff used the written word; two errors were found; staff corrected that to
reflect the actual amount; therefore, Progressive Structures was the low bidder.
Mayor Jones called for comments from the audience.
Mr. Charles Zeller, Zeller Company, stated that there was a similar
incident and the Council rejected two irregular bids and awarded to another
contractor, in this case, Black Brothers. He stated that the contractors are
actually putting two prices into their bids; in this case, there are flagrant
mistakes; and the contractor will not be able to provide the item at the unit
price bid.
Council Member Guerrero gave an example whereby a low bid of $270,000 was
received; after price extension it was really $200,000; and he inquired if staff
would call the contractor and tell him he was the low bidder, but in the amount
of $200,000.
Mr. Lontos stated that he would expect the contractor to perform the work
for $200,000; if the contractor refused, he would forfeit the bid bond.
Council Member Guerrero stated that he will support the staff's
recommendation, noting that the same criteria should be used that was used when
the Council selected the Ortiz contract. He stated that the Council should not
fear the AGC.
Mr. Zeller pointed out that this summer the Council rejected an irregular
bid and awarded a contract to one that was not the low bidder.
Mr. Lontos stated that there were two contractors; one did not acknowledge
the receipt of the addendum; that was the basis for the irregular bid; and he
does not know the exact details of the other incident Mr. Zeller is referring
to.
Mayor Jones stated that the City is trying to be fair to all bidders,
noting that if they approved the Zeller bid, it would be $7,000 greater and he
cannot support that.
There were no further comments from the audience; City Secretary Chapa
polled the Council for their vote; the following was approved:
12. ORDINANCE NO. 19523
AUTHORIZING THE EXECUTION OF A CONTRACT WITH PROGRESSIVE STRUCTURES, INC., FOR
INSTALLATION OF MODULAR PLAY UNITS, COVERED PICNIC UNITS, BARBEQUE GRILLS,
BENCHES, FITNESS COURSES, LIGHTING AND CONSTRUCTION OF GAZEBOS, AND MULTIPURPOSE
COURTS AND FOR LANDSCAPING FOR CASTLE, MIDDLECOFF, WOODLAND, AND WOOLDRIDGE
PARKS; APPROPRIATING $294,000; AND DECLARING AN EMERGENCY.
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Regular Council Meeting
October 14, 1986
Page 7
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Best
absent.
Council Member Guerrero asked for information regarding the bids that Mr.
Zeller referred to, and that Mr. Zeller receive a copy of the information.
* * * * * * * * * * * * *
Mayor Jones announced the following public hearing:
13. Alley Closure - 20 -foot wide, unopened alley in Block 59, Brooklyn
Addition.
Assistant City Manager Lontos displayed a transparency of the alley. He
stated that Mr. Jack Davis owns all of the lots in Block 59; the area is bounded
by U.S. Highway 181 and Breaker Avenue; a review of the utility records indicate
that there are existing water, gas, and sanitary sewer lines in the alley, all
of which dead end at Hwy. 181 frontage; if the block is replatted as a single
lot, these utilities may be abandoned; and staff recommends closing the alley
subject to replat and termination of the utilities at the property line.
There were no comments from the audience.
A motion was made by Council Member Mendez that the hearing be closed;
seconded by Council Member Berlanga; and passed unanimously.
Mr. Lontos stated that an ordinance would be on the agenda next week.
* * * * * * * * * * * * *
Mayor Jones announced the following public hearing:
14. Amendment to Water, Wastewater, & Transportation Master Plans - to add the
Chapman Ranch area as supplements to the City of Corpus Christi's master
plan.
Assistant City Manager Lontos stated that studies were performed with
respect to water, wastewater, and transportation; these studies were commi-
ssioned by the owners of Chapman Ranch through Shell Management. He stated that
this area includes approximately 35,000 acres, and the owners felt that since
the City was growing in that direction, development should be coordinated in
accordance with the City's planning policy.
He stated that on April 29, the City Council accepted the planning studies
and referred these studies to the Planning Commission for review and comments.
He stated that the most important study was the Transportation Plan, and these
plans were submitted to the Planning Commission, the Highway Committee of the
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Chamber of Commerce, and the Commissioners Court, all of which were accepted,
and they recommend making it a part of the Master Plan.
Mr. Lontos displayed a transparency depicting the gas transmission lines.
Mr. Lontos displayed a transparency showing the water plan. He stated that
the planners found out that water supply is very important because the
population of this area could reach 150,000, and they suggested that water
supply must be provided by the City through major extensions of lines.
Mr. Lontos displayed a transparency depicting wastewater plans. He stated
that the planners recommend that wastewater is no different, in terms of collec-
tion and treatment, as the rest of the City; they will treat it on the land and
discharge it to the Oso Creek, or collect it and pump it into a site where there
may be a Southside Treatment Plant. He stated that it can be done either way.
Mayor Jones inquired if there is anything in this plan that authorizes the
use of the Oso Plant, and Mr. Lontos stated that there is not.
Mr. Lontos explained to the Council the area on the map which showed a
Southside Treatment Plant location and the area that will be treated by it. He
stated that the map is approximately one year old, and a southside plant
location has not been specified at this time. He explained that the report
states that the area can be treated by the new southside plant or the wastewater
can be treated on the property. He stated that the collection system to be
developed does not depend on one or the other -- because of the large size, a
collection system can be developed in many ways. He stated that that decision
can be made later by any Council in office at the time.
Mr. Lontos explained to Council Member Berlanga that these plans are
conceptual only.
Mr. Lontos then displayed a transparency of the Transportation Plan. He
stated that this plan proposes a beltway that starts at McKenzie Road and
eventually ends at Rodd Field Road; he stated that this will be an expressway
loop that is a concept at this time; once this is approved, the affected
individuals have stated that they would dedicate right-of-way. He stated that
the State Highway Department has no plans for developing in this fashion;
however, they have no objections to this; and if funds can be provided, they
will start construction of a two-lane highway. He stated that eventually the
loop could be extended to Padre Island as a second crossing, and in the
long-distance future, across the bay. He stated that what is important is that
there are plans being made for the consolidation of the Chapman Ranch
facilities.
Mr. Lontos summarized his remarks by stating that this plan has been taken
to the various committees; staff feels it is a good plan; they see no conflicts;
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Regular Council Meeting
October 14, 1986
Page 9
the Planning Commission has adopted all of the plans; and they recommend the
Council adopt them.
Mayor Jones inquired if approval of this constituted a commitment to spend
money, and Mr. Lontos stated that it does not.
Council Member Slavik asked about the status of the loop concept.
Mr. Lontos stated that Shell Management has indicated a desire to acquire
land for the loop; they have approached property owners and have asked for
dedication of right-of-way; and there is no obligation on behalf of the City to
obtain right-of-way because there are no plans to develop this. He stated that
Shell Management will turn the land over to the City or the State and the
right-of-way will be dedicated for this purpose. He stated he does not know
when this will happen because there are no plans; the State has not said they
would do it; and Shell Management could approach the State and ask them to build
the loop.
Mayor Jones stated that the proposal would have to go before the
Transportation Planning Committee for evaluation, noting that there should be
checks and balances so that this cannot take the place of something more
important.
There were no comments from the audience; a motion was made by Council
Member Mendez that the hearing be closed; seconded by Council Member Strong; and
passed unanimously with Guerrero absent at the time the vote was taken, and Best
absent.
A motion was made by Council Member McComb to call for the ordinance to
amend the Master Plans; seconded by Council Member Pruet; and passed unanimously
with Guerrero absent at the time the vote was taken, and Best absent.
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on the following zoning case:
15. Application No. C986-2, City of Corpus Christi: for a change of zoning
from "R -1B" One -Family Dwelling District to "B-1" Neighborhood Business
District on Lot 1A, Block 3, Washington Addition, located on the southwest
corner of West Point Road and Angela Drive.
Assistant City Manager Utter stated that in response to the 24 notices
mailed, one was returned in favor; one was returned in opposition; the Planning
Commission recommends approval; and the Planning Staff recommends denial, and in
lieu thereof grant a special permit for a gas station/grocery store prohibiting
the sale of alcohol.
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Regular Council Meeting
October 14, 1986
Page 10
Mr. Larry Wenger, Director of Planning, displayed the area on the zoning
and land use map, described the land use in the surrounding area, and showed
slides of the vicinity.
In response to a question from Council Member Slavik, Mr. Wenger stated
that this was before the Council on August 19, 1986 as a change from "B-1" to
"R -1B"; the property owner objected to the change; the Council approved the
zoning change with instructions to the staff to initiate a change from "R -1B" to
"B-1" in order that a special permit could be granted for a gas station/grocery
store with no alcoholic beverages; and this was agreeable to the property owner.
Council Member Guerrero further explained that the lots in this area were
zoned "B-1"; the City down -zoned approximately 6 lots in the area because of
high concentration of liquor establishments; the property owner was not in favor
of the down -zone; and a compromise was reached for the special permit to allow
the gas station/grocery store with no alcoholic beverages to be sold.
Mr. Utter explained that this is a new public hearing, in accordance with
the Council's direction to staff.
Mr. Raul Castillo, the property owner, stated that he would like the
special permit and he is agreeable to the restriction of no alcoholic beverages.
There were no further comments from the audience; a motion was made by
Council Member Mendez that the hearing be closed; seconded by Council Member
Guerrero; and passed unanimously.
A motion was made by Council Member Guerrero that "B-1" zoning be denied,
and in lieu thereof grant a special permit for a gas station/grocery store
prohibiting the sale of alcohol, subject to an acceptable site plan. The motion
was seconded by Council Member Pruet.
Mr. Utter stated that the ordinance would be on the agenda after the site
plan is received.
* * * * * * * * * * * * * * *
Mrs. Barbara DeYoung, 418 Indiana, presented a petition requesting street
lighting for Indiana Street. She stated that many of the residents on this
street are elderly and live alone.
Reverend Chuck Beitler, 422 Indiana, stated that they have formed a
Neighbors On Watch program, and they need additional lighting on the street so
that the residents will be safer. He urged the Council's consideration of the
request.
Mayor Jones asked that Mrs. DeYoung be provided a copy of the City's policy
on street lighting and asked that staff report on this.
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Regular Council Meeting
October 14, 1986
Page 11
Council Member Berlanga stated that he realizes the City has guidelines,
but some areas of the City are older and it is difficult to apply the guide-
lines. He stated that in some cases the City should be flexible.
Mayor Jones stated that the policy should be applied evenly. He stated
that the staff will report on this, at which time the Council can decide if it
needs further discussion.
Council Member Slavik agreed that the policy should be flexible, noting
that this particular area has a heavy growth of trees. She suggested a policy
that older streets with a heavy growth of trees be allowed additional lights.
Council Member Slavik asked that a copy of the petition be attached to the
report from staff.
Mrs. Jo Ann Barrons, Newark, California, stated that she had received a
letter from Neighborhood Improvement regarding property in Flour Bluff Gardens;
she and her family own 22 lots; she objects to the $50 administration fee for
each lot that is mowed; and she asked that this be changed to $50 per person.
She stated that she is hiring a contractor to mow the lots for this one time
only.
Mayor Jones asked for a staff report.
Mayor Jones asked if the lots would be cleaned on a continuous basis, and
Mrs. Barrons stated that the family will decide if that needs to be done.
Council Member Strong pointed out to Mrs. Barrons that if the family elects
not to have the lots mowed on a continuing basis, the $50 charge will be applied
again.
Sgt. Thomas Roquette, 1714 Leslie, stated that the issue of the Banner/
Adair investigation has become clouded; it is wrong for individuals and the news
media to refer to the Corpus Christi Police Officers Association as a union; it
is not a union and they do not conduct themselves as such; they are a pro-
fessional organization; there is an attitude expressed by certain members of
management that because the Association questions the action of some
individuals, they are attempting to attack the administration and undermine
their authority; they are concerned with the integrity of their profession; they
are committed to protecting the citizens and their property; it is ludicrous for
anyone to infer that they have anything else at heart; they are not challenging
anyone; they will not be led by the hand or forced into submission; they will
pursue whatever is necessary to maintain their honor and integrity; they had
requested an investigation; and they received a poor substitute. Sgt. Roquette
asked for proof and stated that it does not exist, and stated that there is no
sworn testimony or documentation of the investigation.
Officer Jeff Barnard, 4445 Cedar Pass, stated that as a working officer,
there are problems the Council needs to address. He stated that Mayor Jones
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Regular Council Meeting
October 14, 1986
Page 12
made his attitude towards the police officers quite clear, but the other members
of the Council should consider these problems. He stated that the Association
first went to City Manager McDowell and received no satisfaction; they then came
before the Council and received no satisfaction. Be stated that the Council was
not fully informed or given wrong information in the Banner/Adair incident.
Officer Barnard stated that the report stated that the felony did not
apply, but a grand jury has indicted Mr. Adair. He stated that the Council
needs to consider why Luther Jones stated that there might be a referendum to
see if the Police can keep their collective bargaining rights, and this is a
threat to their collective bargaining rights. He questioned what Mayor Jones is
so afraid of. He stated that events like this affect the morale of the police
officers.
Sgt. Ace Shedd, President, Corpus Christi Police Officers Association,
stated that this issue is no longer a personnel issue, but a community issue.
He asked the Council to vote on whether they will or will not review the tapes
of the interviews.
Mr. David Saenz, 1430 17th Street, stated that he voted in favor of
collective bargaining for police in order that they could bargain for better
conditions and pay. He stated that he fails to see the connection between the
Union and what they are complaining about. He stated that the Charter prohibits
the Council from interfering with the police department.
Sgt. Michael Casey, 2206 Brighton, stated that the issue is one of honesty
and integrity.
Mr. Jack Davis related an incident in which he went to the Airport; a gun
was found by security in his suitcase; he did not know the gun was there because
his wife had packed the suitcase; the security guard telephoned a friend of Mr.
Davis' at the Police Station; he was authorized to board the plane; and his wife
came to the Airport and picked up the gun. Mr. Davis stated that the Police
Officers Association is harassing and intimidating the Council.
Council Member Guerrero asked Mr. Davis if he is a convicted felon, and Mr.
Davis stated that he is not.
Officer Jeff Barnard addressed Mr. Davis' remarks and stated that this is a
separate issue; they are not talking about Matthew Adair being guilty or not
guilty; they are talking about accountability -- Chief Banner should be
accountable to someone and they should have some answers.
Mr. Rene Rodriguez, 433 S. Tancahua, attorney for the Corpus Christi Police
Officers Association, stated that the only issue is why Chief Banner interfered
with an arrest -- they want an answer. He stated that the report stated that a
City officer cannot put a hold on an individual, but there was an arrest this
week concerning narcotics and the officer put a hold on the individual, and the
County states that the officers do this all the time. He asked why this was not
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Regular Council Meeting
October 14, 1986
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in the report. He stated that if the police officers have to abide by the rules
or be reprimanded or suspended, then why is Chief Banner exempt. He stated that
there are too many questions -- why no written statements were taken; why no one
was under oath; and why the staff is afraid to release the information. Mr.
Rodriguez stated that this issue will go to court.
Mrs. Cynthia Gutierrez, 2918 Horne Road, stated that she is not
representing anyone but herself; she has worked with the Police Department as a
reporter for Channel 3; many times the police officers' lives are at stake; she
stated that when she was a reporter, she listened to all of the facts; when she
was on the Human Relations Commission, she received records and reports, but
sometimes there were questions and she had to make telephone calls to obtain the
information. She stated that there are other things that have been covered up
and the Council doesn't know about it. She stated that she could not report
these things because she would be liable. She urged the Council to make some
phone calls and research this issue thoroughly.
Council Member Mendez stated that the question is whether the Council will
be given the information in order to make a decision. He stated that the only
way to do that is to have a full report on the investigation.
Council Member Mendez made a motion that the Council be provided with
information from the investigation. The motion was seconded by Council Member
Guerrero.
City Manager McDowell informed the Council that the cost to transcribe the
tapes would be approximately $6,000, and City Attorney George stated that this
would take approximately two weeks.
Council Member Strong stated that she has not made any public comments on
this issue, because it is the Council's position to listen, and it is the City
Manager's prerogative to make the decision. Council Member Strong asked if the
Association has made any attempt to meet with the City Manager.
Mr. McDowell stated that they have not.
Council Member Strong stated that the Council has heard serious questions
about who has to follow the rules manual, and the Council's "rules manual"
states that personnel matters will go to the City Manager. She stated that out
of respect to Craig McDowell, the questions need to be answered by him. She
stated that if the Association has any desire to settle this, then she suggested
they go to the City Manager and ask the questions. She stated that her
questions have been answered and she will not vote in favor of the motion until
she is sure Mr. McDowell has made every attempt to answer the Association's
questions.
Council Member Berlanga stated that the Association needs an answer; the
only way to obtain that is by reading the report; he was not satisfied with the
initial report at all; he questioned who was interviewed; and stated he would
vote in favor of the motion.
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October 14, 1986
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Council Member Guerrero stated that he is embarrassed by the comments made
by Council Member Strong; the Association went to the Manager; that is what has
brought them to this point; the Association went to the Council; and the Council
told them to take it to court. He stated that he has had conversations with
Council Members Pruet and Strong and they cannot give him an answer as to why
the Council should not receive the information. He stated that it is disgusting
that the Council can operate in a vacuum and not be accountable to the citizens.
He stated that if any good comes out of this issue, it will be in April of 1987,
and he hopes things change. He stated that he is beginning to see a ground
swell at the grassroots level and he applauds the citizens for that.
Council Member Slavik stated that she is very aware of the Charter and does
not want to undermine the authority of the City Manager, but because of the
circumstances in this issue, she feels the Police Officers Association has a
legitimate concern and she sees no harm in the Council reviewing the tapes.
City Attorney George stated that when the interviews were conducted, the
individuals were asked if they wanted to change anything and none asked to be
sworn or have their remarks transcribed. He stated that four interviews were
not recorded, and the conversation with Sgt. Whitman, which lasted 20 minutes,
was not recorded.
Council Member Slavik stated that her concern is the money involved in
transcribing the tapes.
Council Member McComb stated that he feels the motion is in direct conflict
with the City Charter, because this is a personnel matter. He stated that this
is a direct decision on whether the Council has confidence in the City Manager.
He stated that he cannot support the motion, and he hopes it can be solved
between the City Manager and the Police Officers Association.
Council Member Pruet stated that many members of the Council have met with
several members of the Association and he would like to commend the concerned
members of the Association for the fine manner in which they showed their
concerns; however, he feels this is a personnel matter; the Council asked for
the information; they were briefed on matters of law and procedure, which in the
opinion of Craig McDowell and Hal George, led them to their conclusion. He
stated that to countermand that decision is not in the best interest of the
City; there should be more communication between the City Manager and the
Association; it is not right for the Council to be put in the position as the
supreme authority in this case; and it is not a matter for the Council to
decide. He stated that he would not support the motion.
Mayor Jones stated that he regrets the issue has gotten this far; it is
damaging to Corpus Christi; he does not know what hidden agendas are involved;
the issue has been well covered by Council Members McComb's and Pruet's remarks;
and if this is a grievance, it should be handled as one. He then read from the
Association contract regarding grievances, which states that a decision of the
City Manager may be appealed to the district court.
dinutes
Regular Council Meeting
October 14, 1986
Page 15
Mayor Jones stated that even after reading the transcripts, the Council
would be left with the task of determining the truth; the court system is there
to find the truth; and he suggested that the Association follow the contract and
go to the district court. He stated that he will not be buffaloed by this show
of force. (Mayor Jones was referring to the many police officers in the
audience) He stated that the issue involves the Charter, Council
responsibility, and City Manager responsibility. He stated that the Union, or
Association, is deliberately trying to sabotage the City Charter.
Council Member Guerrero stated that he agrees that what is happening is
damaging to the City, but only because of the lack of concern on the part of the
Council to what is apparently important to the individuals present. Mr.
Guerrero stated that integrity and management are not in question, but what is
in question is the lack of information. He stated that the Council should be
apprehensive about not receiving all of the information.
Council Member Mendez agreed with Mr. Guerrero, and stated that the reason
for requesting the information is for a vote of confidence on the investigation
by the City Manager and City Attorney, and the Council should be provided that
information. He stated that this was not a grievance because this did not seek
an outcome. He stated that the Council needs to be provided the information,
not anyone else, so that an answer may be given to the public.
Council Member Mendez repeated his motion that the Council be provided the
information that was provided in the investigation.
City Attorney George stated that the letter received by the City Manager
from the Association asked only for an investigation; that was done; the results
were provided to the Council; and that is all the Association asked for. He
raised the question to the Council as to what they would do once they have the
transcripts. He stated that the Council cannot instruct the City Manager to
appoint or remove any person from office or employment.
Mr. George stated that the legal department spends a great deal of time and
effort protecting personnel files; they represent police officers whenever there
is a subpoena for information on that officer; the files are kept confidential;
that is the issue the staff is standing on; yet, the Association is asking that
a different standard be applied to the Police Chief.
Council Member Guerrero stated that the Council does not know what they
will do because they do not have the information. He stated that the City
Attorney is trying to protect the Council from something they may not want to be
protected from. He stated that this is not an Association/Banner issue and that
needs to be separated. He stated that the Council should have access to the
information so they can have an understanding of the matter.
Council Member Mendez stated that the Association will probably be back
again on the issue. He stated that the issue is whether the Council concurs;
the Council will not make recommendations regarding Bill Banner; and the only
Minutes
Regular Council Meeting
October 14, 1986
Page 16
way to solve this issue is by approving his motion. He stated that they cannot be
stopped from appearing before the Council. He stated that if a good
investigation was performed, there should be no problem.
Council Member Mendez repeated the motion that the City Manager provide the
Council with the transcripts of the investigation.
The motion failed to pass as follows: Jones, McComb, Pruet, and Strong
voting "no"; Berlanga, Guerrero, Mendez, and Slavik voting "aye"; Best absent.
Sgt. Roquette referred to remarks that were made regarding the officers'
"show of force" and stated that the reason they are not in uniform is that they
were told that disciplinary action could be taken; therefore, they wore the
T-shirts. He stated that the only reason they wore these was to identify
themselves as a group and to show that there are more than just a few concerned
with this issue.
He referred to remarks made by Hal George and stated that after internal
affairs conducts an investigation, the information is presented to a review
board -- all of the information; the board studies everything; and they present
a recommendation to the Chief. He stated that he would be satisfied with the
Council's conclusion, if they could obtain and review the needed information.
City Manager McDowell stated that after the Association was given a copy of
the report, they asked to meet with him on Wednesday; the Association did not
keep the appointment and then called a press conference. He stated that they
then asked for a copy of the tapes under the open records act.
Mr. Rene Rodriguez stated that a written response to the report was given
to the City Manager; every paragraph was addressed; and his response was that he
was not going to provide the information; therefore, due to his lack of concern,
a meeting with him would have been to no avail.
Council Member Berlanga made a motion that City Manager McDowell and City
Attorney George and three members of the Council meet with representatives of
the Police Association and try to solve the issue. The motion was seconded by
Council Member Slavik.
Mayor Jones stated that that motion would involve the Council in operations
of the City Manager.
Council Member Mendez agreed that the Council would be getting directly
involved.
Council Member Slavik withdrew her second.
Council Member Mendez made a motion that the City Manager and City Attorney
meet with representatives of the Police Officers Association; seconded by
Council Member Slavik; and passed unanimously.
__mutes
Regular Council Meeting
October 14, 1986
Page 17
Council Member Berlanga stated that the Council should be informed of what
transpires.
There being no further business to come before the Council; on motion by
Council Member Mendez; seconded by Council Member Slavik and passed unanimously;
the meeting was adjourned at 4:41 p.m., October 14, 1986.
/td
I 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
October 14, 1986, which were approved by the City Council on October 21, 1986.
WITNESSETH MY HAND AND SEAL, this the /9 day of Airway /91'
Armando Chapa City Secr tary
City of Corpus Christi, Texas
Luther J res, MAYOR