HomeMy WebLinkAboutMinutes City Council - 10/28/1986PRESENT:
Mayor Luther Jones
Mayor Pro Tem Jack Best
Council Members:
*David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Mary Pat Slavik
Linda Strong
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
OCTOBER 28, 1986
2:00 P.M.
City Manager Craig A. McDowell
City Attorney Hal George
City Secretary Armando Chapa
ABSENT:
Bill Pruet
Mayor Jones called the meeting to order in the Council Chamber of City
Hall.
The invocation was given by Council Member McComb, following which the
Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem
Best.
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 Mayor Pro Tem Best to excuse the absence of Council
Member Pruet; seconded by Council Member Strong; and passed unanimously.
A motion was made by Council Member Slavik that the minutes of the Regular
Council Meeting of October 21, 1986, be approved as presented; seconded by
Council Member Strong; and passed unanimously.
* * * * * * * * * * * *
Mayor Pro Tem Best stated that he and Council Member Guerrero had evaluated
City Secretary Chapa, and he then made a motion that Mr. Chapa receive a 7%
salary increase and $100 per month increase in car allowance; seconded by
Council Member Guerrero; and passed as follows: Jones, Best, Guerrero, McComb,
Mendez, Slavik, and Strong voting "aye"; Berlanga absent at the time the vote
was taken; Pruet absent.
MICROFILMED
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* * * * * * * * * * * *
Mayor Jones then administered the Oath of Office to Mrs. Kathryn Coari,
newly appointed member to the Museum Advisory Board.
* * * * * * * * * * * *
Mayor Jones called for consideration of the following consent motions,
items 1 through 11:
1. M86-0444
Approving a supply agreement for gas meters and pressure correction devices to
the following companies. The term of this agreement will be twelve months with
option to extend for an additional twelve months at the same terms and
conditions, subject to the approval of the supplier and the City Manager or his
designee.
National Meter Parts Rockwell International
Total: $16,360 Total: $30,283
American Meter Company GRAND TOTAL: $49,485.74
Total: $ 2,842.74
2. M86-0445
Approval of specifications and authorization to receive bids for a twelve month
supply agreement for automatic transmission overhaul and repair service for
Maintenance Services Department. Estimated annual expenditure is $20,000.
3. M86-0446
Approval of specifications and authorization to receive bids for an annual
supply agreement for approximately 320,000 gallons of ferrous sulfate for the
Wastewater Division. Estimated annual expenditure is $96,000.
4. M86-0447
Approval of specifications and authorization to receive bids for twenty-five
self-contained breathing apparatuses and twenty-five spare cylinders to be used
by the Fire Department. Estimated expenditure is $45,000.
5. M86-0448
Public Hearing to be held on November 17, 1986, by the Director of Planning in
the Committee Room, City Hall, at 8:45 a.m., and a second public hearing to be
held on November 18, 1986, by City Council at 2:00 p.m. on the annexation of a
16.11 acre tract of land out of Lots 21, 22, and 23, Section 6, Flour Bluff and
Encinal Farm and Garden Tracts.
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6. M86-0449
Public Hearing to be held on November 17, 1986, by the Director of Planning in
the Committee Room, City Hall, at 8:30 a.m., and a second public hearing to be
held on November 18, 1986 by City Council at 2:00 p.m. on the annexation of a
4.77 acre tract of land out of Lot 8, Section 6, Flour Bluff and Encinal Farm
and Garden Tracts.
7. M86-0450
Amending the contract with Espey, Huston and Associates, Inc., and Bechtol,
Hoffpauir, and Ehrler, Inc., to include design work and specifications for a
golf cart maintenance and charging facility, for a fixed fee of $9,000. Funds
are available from the Golf Course Improvements Programs.
8. M86-0451
Awarding a contract in the amount of $867,238.39 to Claude Chapman Construction
Co., Inc. for the Furman School Area Street Improvements, Phase IV. Funds for
this work have previously been appropriated from the 12th Year Community
Development Block Grant Fund. The project includes reconstruction of the
following streets:
Morris, Mary, and Marguerite Streets, from Crosstown Expressway to
10th Street,
10th Street, from Mary to Laredo Street,
llth Street, from Morris to Mary Street,
12th Street, from Morris to Laredo Street,
14th Street, from Morris to Marguerite Street, and
Sam Rankin Street, from Lipan to Mestina Street.
9. M86-0452
Approving the following actions on the Everhart -Wooldridge Intersection and
Crestmont Entrance Improvement project:
a. The project be accepted and final payment of $8,413.17 be authorized
to the contractor, A. Ortiz Construction and Paving, Inc.
b. The contractor be granted a 23 -day time extension to supplement the 40
working days allotted for the project due to utility relocation delays
beyond the contractor's control and additional work added to the
contract by change order.
The total construction cost of this project is $84,131.65.
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10. M86-0453
Approving the following actions relative to installing casings around existing
water transmission lines which cross under Missouri Pacific Railroad Tracks near
the Highway 77/I.H. 37 interchange:
a. Authorizing the purchase of 111 L.F. of 72" diameter liner plate
material from Contech Construction Products, Inc., in the amount of
$14,541.
b. Awarding a contract for the installation of the liner plate material
to Stefek Construction Company in the amount of $40,559.
Funds to purchase and install the material are available in the Water
Division Operating Budget and the cost of all work performed by the City
will be reimbursed by the Missouri Pacific Railroad Company.
11. M86-0454
Accepting the McArdle Road Improvement project from Crescent to Nile Drive, and
authorizing final payment of $79,490.40 to the contractor, Corpus Christi Land
Venture, Inc. This section of McArdle Road was reconstructed to provide two
moving lanes in each direction. The total construction cost of this 1982 Street
Bond project is $746,604.79.
Council Member Slavik stated that the bid of Dresser was actually $125
lower than the recommended bid award, referring to item 1, and asked for an
explanation.
Assistant City Manager Juan Garza stated that the cost to administer a
separate contract was more than $125. He stated that the bid award is based on
the lowest cost to the City, not just the acquisition price.
There were no comments from the audience on the Consent Motions; a motion
was made by Mayor Pro Tem Best to approve items 1 thru 11; seconded by Council
Member Strong; and passed as follows: Jones, Best, Guerrero, McComb, Mendez,
Slavik, and Strong voting "aye"; Berlanga absent at the time the vote was taken;
Pruet absent.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances, items 12
thru 19d.
Mayor Jones stated that Ordinance 19d appoints Dr. Nina Sisley as Director
of Public Health; Mr. Frank Forbes as Director of Personnel and Labor Relations;
and Mr. Daniel Hobbs as Director of Management and Budget.
Council Member Slavik requested a compensation package on each of the
appointees.
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Mayor Jones then outlined ordinances 19a through 19c.
In response to a question from Council Member Guerrero, City Manager
McDowell stated that the Director of Economic Affairs and the Deputy City
Manager would have no in-line responsibilities, but that the Deputy City Manager
would be responsible for the administrative staff.
*Council Member Berlanga arrived at 2:16 p.m.
There were no comments from the audience; City Secretary Chapa polled the
Council for their votes as follows:
12. ORDINANCE NO. 19530
AMENDING ORDINANCE NO. 19305 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL
ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET: MCARDLE ROAD,
FROM CRESCENT DRIVE TO NILE DRIVE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Jones, Best, Berlanga, McComb, Mendez, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Pruet absent.
13. ORDINANCE NO. 19531
AUTHORIZING REIMBURSEMENT TO ALBUQUERQUE FEDERAL SAVINGS AND LOAN ASSOCIATION
AND SHERROD CONSTRUCTION COMPANY, OWNERS AND DEVELOPERS OF RIVER RIDGE
SUBDIVISION, FOR THE INSTALLATION OF 15 -INCH DIAMETER SANITARY SEWER COLLECTION
LINE; APPROPRIATING $49,495.88; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Jones, Best, Berlanga, McComb, Mendez, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Pruet absent.
14. ORDINANCE NO. 19532
AUTHORIZING THE EXECUTION OF A CONTRACT WITH MALCOLM PIRNIE, INC., FOR DESIGN
WORK FOR INTERIM IMPROVEMENTS TO THE OSO WASTEWATER TREATMENT PLANT;
APPROPRIATING $75,000; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Jones, Best, Berlanga, McComb, Mendez, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Pruet absent.
15. ORDINANCE NO. 19533
AUTHORIZING THE EXECUTION OF A CONTRACT WITH GARNEY COMPANIES, INC. FOR
ADJUSTMENT OF A WATERLINE IN THE BALDWIN FARMS DRAINAGE OUTFALL; APPROPRIATING
$110,000; AND DECLARING AN EMERGENCY.
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The Charter Rule was suspended and the ordinance passed by the following vote:
Jones, Best, Berlanga, McComb, Mendez, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Pruet absent.
16. ORDINANCE NO. 19534
AUTHORIZING THE EXECUTION OF AGREEMENT WITH THE U.S. NAVY AND THE TEXAS MEXICAN
RAILWAY COMPANY RELATING TO CONSTRUCTION OF DRAINAGE FACILITIES WITHIN THE
RAILROAD RIGHT-OF-WAY AT BEAR LANE; APPROPRIATING $6,000; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Jones, Best, Berlanga, McComb, Mendez, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Pruet absent.
17. ORDINANCE NO. 19535
AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ANIMAL CONTROL, SECTION 6-25, LOAN
OF SMALL ANIMAL TRAPS, TO EXEMPT LOW INCOME CITIZENS FROM FEES AND DEPOSITS; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Jones, Best, Berlanga, McComb, Mendez, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Pruet absent.
18. ORDINANCE NO. 19536
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FAIRES P. WADE BY GRANTING A
SPECIAL COUNCIL PERMIT FOR A LAW OFFICE LIMITED TO TWO ATTORNEYS ON LOTS 2,
BLOCK 35, WINDSOR PARK UNIT 4; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Jones, Best, Berlanga, McComb, Mendez, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Pruet absent.
19. THIRD READING - ORDINANCE NO. 19537
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.
The Ordinance was read for the third time and passed by the following vote:
Jones, Best, Berlanga, McComb, Mendez, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Pruet absent.
19A. ORDINANCE NO.19538
AMENDING CHAPTER 2 OF THE CITY CODE TO EFFECT A REORGANIZATION OF THE CITY
ADMINISTRATION; AND DECLARING AN EMERGENCY.
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The Charter Rule was suspended and the ordinance passed by the following vote:
Jones, Best, Berlanga, McComb, Mendez, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Pruet absent.
19B. ORDINANCE NO. 19539
AMENDING COMPENSATION ORDINANCE NO. 8127, SECTION 510, MANAGEMENT GROUP, BY
ADDING, CHANGING AND DELETING CERTAIN CLASS TITLES AND SALARY RANGES; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Jones, Best, Berlanga, McComb, Mendez, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Pruet absent.
19C. ORDINANCE NO. 19540
CONFIRMING THE APPOINTMENT BY THE CITY MANAGER, PURSUANT TO THE CITY CHARTER,
ARTICLE III, SECTION 3, OF JUAN GARZA AS ASSISTANT CITY MANAGER OF
ADMINISTRATIVE SERVICES, DEBRA ANDREWS AS DIRECTOR OF FINANCE, VICTOR MEDINA AS
DIRECTOR OF ENGINEERING SERVICES, AND LLOYD LINDEBERG AS GAS SUPERINTENDENT; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Jones, Best, Berlanga, McComb, Mendez, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Pruet absent.
19D. ORDINANCE NO. 19541
CONFIRMING THE APPOINTMENT BY THE CITY MANAGER, PURSUANT TO THE CITY CHARTER,
ARTICLE III, SECTION 3, DR. NINA SISLEY AS DIRECTOR OF PUBLIC HEALTH, FRANK W.
FORBES JR. AS DIRECTOR OF PERSONNEL AND LABOR RELATIONS, AND DANIEL G. HOBBS AS
DIRECTOR OF MANAGEMENT AND BUDGET; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following vote:
Jones, Best, Berlanga, McComb, Mendez, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Pruet absent.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the following motion:
20. M86-0455
Authorizing the City Manager or his designee to execute a 60 -month
lease/purchase agreement with IBM at an annual interest rate of 6.9 percent for
the purchase of data processing equipment. This new equipment will replace
existing obsolete hardware at a net savings of $52,800 to the City.
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City Manager McDowell explained that this would allow the City to save
approximately $53,000 over a 5 -year period by refinancing, and at the same time,
allow upgrades to the equipment.
In response to questions from the Council, Mr. Marvin Koehl, Director of
Data Processing, stated that all computer equipment throughout the City will be
standardized; currently the City uses approximately 40% of capacity, which is 16
million bytes; the City has the largest computer operation in Corpus Christi;
and he explained the process by which departments obtain computer equipment via
the Data Processing Users Committee.
There were no comments from the audience; a motion was made by Council
Member Guerrero that item 20 be approved; seconded by Council Member Slavik; and
passed unanimously.
Mayor Jones called for consideration of the following:
21. M86-0456
Amending prior to third reading the ordinance pertaining to political activities
of City employees.
Mayor Jones stated that the Council, in particular Council Member Guerrero,
had asked for an ordinance clarifying the City Charter restrictions of political
activity by City employees; the ordinance was discussed this morning; it is a
good ordinance; and it recognizes changes in State and Federal law.
A motion was made by Council Member Guerrero to amend prior to third
reading the ordinance pertaining to political activities of City employees, so
as to substitute Revision "B" for the ordinance that was read on first and
second reading; seconded by Council Member Mendez.
Mayor Jones read portions of the ordinance and stated that it is based on
an ordinance from the City of Dallas.
Council Member Mendez stated that this ordinance allows full participation
in political activities by City employees, although there are limitations
regarding City Council elections.
There were no comments from the audience; the motion to amend prior to
third reading passed unanimously; and City Secretary Chapa polled the Council
for their vote on the ordinance as follows:
22. THIRD READING - ORDINANCE NO. 19542
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION BY ADDING
TO "CHAPTER 39, PERSONNEL, ART. I, IN GENERAL," A PROVISION GOVERNING POLITICAL
ACTIVITIES OF CITY EMPLOYEES EXCEPT THOSE OTHERWISE REGULATED BY FEDERAL OR
STATE LAW; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION.
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The Charter Rule was suspended and the ordinance passed by the following vote:
Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting
"aye"; Pruet absent.
* * * * * * * * * * * * *
Mayor Jones announced the following public hearing:
23. Street Closing - Whitecap Boulevard from near Tortugas Avenue to Windward
Drive. The closure of this existing right-of-way is being requested in
order to realign Whitecap Boulevard to provide a direct connection for
traffic flow from South Padre Island Drive to the public beach area.
Assistant City Manager Lontos stated that the 1986 Bond Program allocated
$750,000 for improvements to Whitecap Boulevard; the staff has been working with
the developer of Lake Padre to coordinate construction of Whitecap to allow a
more direct access to the public beach area; the initial request to relocate the
street came from the developer; however, after staff review, it was decided this
was a public interest project and should be initiated by the City.
Mr. Lontos pointed out on a transparency the present location of Whitecap,
stating that it is a two-lane road and ties into Leeward Dr., Windward Dr., and
Island House Drive. He stated that the street right-of-way needs to be closed;
Whitecap would be relocated to the southwest of the present location; and this
would eliminate the need for a bridge over the wetlands.
Mr. Lontos stated that Southwestern Bell has two lines in the street that
would be relocated; Central Power & Light Co. has overhead and underground lines
that would be relocated; and the City has 2" and 4" gas lines to be relocated.
Mr. Lantos gave justification for the closure as being a safer street, a
more direct route to the public beach, and it would tie into the development
better. He stated that an agreement is being developed with Lake Padre, Ltd. as
to the apportionment of cost, and negotiations should be completed within 30
days.
He stated that the developer will dredge some areas, and a Corps of
Engineers permit has been issued for this. He stated that staff is in favor of
the closure, subject to dedication of right-of-way and agreement regarding
costs.
In response to a question from Council Member Guerrero, Mr. Lontos stated
that the developer of Lake Padre is Ralph Durden. He stated that the total cost
of this project will be $750,000, which is provided in the Bond Program; the
development of the street from Park Road 22 to Tortugas does not affect the
relocation; the cost of that should be borne by the City; and there is no
formula for calculating the apportionment of cost.
Council Member Guerrero asked who would benefit the most, and Mr. Lontos
stated that if the street is not relocated, a bad intersection will exist and
there would be no direct access to the beach.
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Council Member Guerrero inquired if the developer would build the road
anyway, if the City did not do it, and Mr. Lontos stated that he did not know.
He stated that staff reviewed the relocation and determined that it would be in
the best interest of the City.
Council Member Guerrero stated that this is a small traffic problem, and he
cannot justify spending $750,000 for direct access to the beach.
Mr. Lontos stated that the area is very congested during the summer.
Council Member Guerrero questioned whether this was being done for
community benefit or for anticipated development.
Council Member Slavik stated that the residents had requested that this be
included in the Bond Program, and Mr. Lontos agreed, citing the traffic
conditions.
Council Member Slavik pointed out that the developer might relocate the
street anyway, and Mr. Lontos stated that this was not considered because it was
recommended in the initial stage of the bond sale, because staff felt it was one
of the economic development projects, since it would stimulate economic develop-
ment.
He stated that the recommended plan appears to be the most logical because
it solves not only the City's concerns, but also the developer's. He noted that
most of the people using Whitecap are users of the beach.
In response to a question from Council Member Slavik regarding environ-
mental concerns, Mr. Lontos stated that the Corps has issued a permit concerning
the bridge and the creation of additional wetlands. Mr. Lontos stated that the
$750,000 in bonds will cover the relocation to Park Road 22; the developer will
participate in all other costs over and above the $750,000 -- he will have to
pay the difference. He stated that the plan responds to the City's needs, the
residents' needs, and the developer's needs.
Mayor Jones stated that this was included in the Bond Program at the
insistence of people in the Padre Island area; the citizens voted for the
extension; this will provide a more direct route; and it will alleviate traffic
problems.
Mr. Lontos pointed out that this is just a public hearing; an ordinance
would be passed at a later date; and an agreement must be reached regarding
costs before the street is closed.
Council Member Berlanga stated that this is in the best interest of the
developer.
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Council Member Strong noted
realized the environmental conce
bypasses the wetlands area and
structed with direct access to th
that when the bond issue was approved, no one
rns of widening the bridge; moving the road
creates a situation where a road can be con-
e beach without destroying the wetlands.
Council Member Guerrero asked that the residential areas be pointed
and Mr. Lontos stated that there are condominiums on the other side of Park
22, and Mrs. Strong stated that there are residents on Leeward Drive and
Harbor Bay.
Mayor Jones called for
comments from the audience.
out,
Road
Cane
Mr. Harold DeWulf, 14802 Windward, stated that during the summer, the
traffic is very bad and it takes him one hour to get to his house. He stated
that he is in favor of the street closing and relocation.
Mayor Jones noted that land would have to be acquired for the new road, and
Mr. Lontos stated that one of the requirements for closure is the dedication of
right-of-way.
Assistant City Manager Utter stated that the old street right-of-way would
be dredged and become wetlands. He noted that a permit from the Corps cannot be
obtained to expand the road at its current location.
Mr. Dan Kramer, 4405 Weiskopf, representing a property owner in Cane
Harbor, stated that he is concerned about having access from the new road to
Cane Harbor. He stated that there are problems with the current road.
Mr. Lontos stated that the details of intersections will be worked out,
noting that access to Cane Harbor will not be eliminated.
A motion was made by Council Member Guerrero that the hearing be closed;
seconded by Mayor Pro Tem Best; and passed unanimously.
Further discussion followed, and Dr. Best stated that he was in favor of
the closing, and Council Member Guerrero stated that he did not think closing
the street was best.
A motion was made by Council Member McComb to accept the staff
recommendation to pursue the concept of the closing and relocation; seconded by
Council Member Strong.
Mr. Lontos pointed out that the Planning Commission reviewed the plat and
relocation and they concur.
Council Member Mendez noted the importance of dedicated right-of-way if the
street is closed.
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Council Member Berlanga stated that the closing is good, but the cost needs
to be known.
Mayor Jones stated that two major advantages to this are a more direct
route to the beach and relief of traffic congestion.
The motion passed unanimously.
* * * * * * * * * * * * *
City Manager McDowell introduced Dr. Nina Sisley, Director of Health, to
the Council.
* * * * * * * * * * * * *
Council Member Strong reported on the meeting of the Merchant Marine and
Fisheries Subcommittee. She stated that there was an outpouring of concern at
the hearing; Annex V was discussed, which would give the Coast Guard the control
of policing the dumping of garbage; and it was a major step forward in
addressing the problem.
Council Member Slavik stated that she was concerned that this hearing and
the TECO hearing were held on the same day.
* * * * * * * * * * * * *
Mayor Jones called for petitions from the audience.
Mr. Robert Reed, Student Development Advisory Committee, Del Mar College,
invited the Council to participate in "Life Line" at the college on Wednesday,
November 19 at 2:00 p.m. He stated that this will be similar to "Hands Across
America" and will highlight drug awareness week.
Mr. Steven Morack, representing picketers at Krogers, stated that he was
given a citation for an illegal sign; there are many illegal signs in the area;
he feels he has been discriminated against; and he provided photographs of the
illegal signs to City Manager McDowell.
Sgt. Tim Kleffner, stated that the membership of the Police Officers
Association asks for nothing more than the truth in the Banner/Adair incident.
He asked why they are not allowed to hear the tapes. He stated that the
investigation deals with professional ethics; they know the law; they know the
letter of the law; and the letter of the law should be invoked. He stated that
the circumstances in this case may set precedents, and they wish to have their
concerns clarified and questions answered.
Lt. Rosendo Perez, 1010 Bradshaw, asked that the Council review the
investigation and findings and make a determination. He stated that this sets a
precedent that certain people can have an extension of privileges and result in
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the law not being equally enforced. He stated that the investigation revealed
that Chief Banner's conduct represented good work, and in his opinion, it was
not.
Sgt. Ace Shedd, President, Corpus Christi Police Officers Association,
agreed with Mr. Perez' remarks. He stated that he and representatives met with
City Manager McDowell and City Attorney George as instructed by the Council;
they met again with City Attorney George; they did everything to try to resolve
the issue; Mr. George was to meet with Rene Rodriguez (CCPOA attorney); a
statement was to be prepared; Mr. George prepared the statement; the statement
did not include items that they had requested; the issue is not resolved to
their satisfaction; and he asked the Council to vote again to review the tapes.
A motion was made by Mayor Pro Tem Best to adjourn; seconded by Council
Member McComb.
Council Member Guerrero stated that he had comments to make; therefore, the
motion was withdrawn.
Mr. A.C. Johnson stated that this is a political situation that is not
helping the City; the Police officers do not know the law, particularly the
speed limit law; this is a political union; they are using the Council for their
own benefit; and Mr. Johnson then addressed the officers in the audience and
stated that he would be glad to meet with them to discuss the law.
Sgt. Noe Valverde questioned why five Council Members do not want to review
the tapes.
Council Member Guerrero stated that the Council is ignoring the remarks
being made; he stated that the Association met with the City Manager and City
Attorney as directed; he asked to what extent the Council will ignore their
statements and pressure them into a situation that will embarrass the Council.
He stated that he hopes Mr. A.C. Johnson never needs one of these "political
activists" when someone is breaking into his home, because he would be hesitant
to answer the call.
Council Member Guerrero made a motion that the tapes be made available to
the Council in whatever manner preferred by the staff; seconded by Council
Member Berlanga.
Council Member Berlanga stated that the Police Officers understand the law
and enforce it; they know that what happened was not right; this establishes a
bad precedent; and this would have been over, if an answer had been given to the
Officers.
Council Member Slavik addressed Sgt. Shedd, and asked why he felt the
Council should review the tapes.
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Sgt. Shedd stated that if the tapes were reviewed, each Council Member
would be able to evaluate the information; Mr. George told him there were
conflicting statements on tape as compared to what officers have told him; Mr.
George said that he could not review the tapes; and there is something in the
tapes that the Council needs to be aware of.
Council Member Slavik stated that she cannot understand why the staff
cannot work with the Association to effect a compromise.
City Attorney George stated that he thought they had reached an agreement;
an outline of the statement was given to Mr. Rodriguez; he and Mr. Rodriguez
were to design the final language; he gave the statement to Mr. Rodriguez; Mr.
Rodriguez took it to the Association Board; and he never heard from Mr.
Rodriguez again.
He stated that the officers could not decide among themselves as to the
proper procedure for the arrest of Mr7-444.4T the suspect. He stated that he
asked them to come back with the wording; he received a call from Sgt. Shedd
saying they could not work it out. Mr. George stated that he was not sure if he
could work with Sgt. Shedd, because he does not know when he can believe him.
He stated that the real question is what will the Council do once the tapes are
reviewed. He stated that the original letter from the Association was described
as a grievance; they asked for an investigation; and they do not like the
results of that investigation. He stated that the plain facts are that Chief
Banner received the phone call from Me*there-Ade#r=s the suspect's father; he was
informed that he would be in jail 4 to 6 hours; Mr:- Ad..iL'-s the suspect's
lawyers advised him to call the Station Duty Officer or the Police Chief; Chief
Banner did not obstruct justice; Mrr-Ada#r the suspect has been indicted; there
was no relationship between Adair the suspect and Chief Banner; he has heard
rumors; they say that Chief Banner was a model at a show that the elder-Ade4
father attended; Chief Banner did not violate the intervention law; Chief Banner
has the right not to follow the chain -of -command; there is confusion on the
booking procedure; the City Manager has instructed that this be corrected; and
he did not intend to say the officers involved were guilty of any misconduct.
He stated that this was a complaint against a City employee; it is the City
Manager's job to take action; and the Council does not run the day to day
affairs of the City.
City Attorney George continued, and stated that if the Council reviews the
tapes and decides Chief Banner unequally enforced the law, they cannot fire the
Police Chief, and he has been told by the Association that that is what they
want.
Sgt. Granato, who was present in the audience, proceeded to call Hal George
a liar, and stated that they have never asked for the Chief's job. Sgt. Granato
then departed the Council Meeting.
amended by Council motion - 11/18/86
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Regular Council Meeting
October 28, 1986
Page 15
Sgt. Shedd stated that he could relate conversations he has had with City
Attorney George also, noting that at one time Mr. George stated that there was a
lack of judgement on the part of Chief Banner, but City Manager McDowell said he
would not put that in the written statement. He stated that they have never
requested Chief Banner's resignation, and he does not know where Mr. George has
heard that -- that is a false statement on Mr. George's part. He stated that
the issue is not conversations that have occurred between himself and the City
Attorney, but whether Chief Banner acted improperly by getting involved.
Council Member Mendez stated that if there was mistake on anyone's part,
it needs to be made public. He stated that he would like the issue resolved
among them, and in his opinion, the Police Chief used bad judgement.
Council Member Guerrero stated that justice would be done by finding out
the truth. He asked what the Council is afraid of, who they are protecting, and
why. He stated that that is his concern -- the lack of information.
Mayor Jones stated that the issue is to establish the truth; the place to
do this is in a court of law; and if the Council listened to the tapes, they
would still have the same arguments. Mayor Jones stated that the letter
submitted by Sgt. Shedd referred to this as a grievance, and the contract
provides that the final solution to a grievance is through a court. He stated
that he is concerned with the impact on the City and the Charter. He stated
that the Council sets policy, but does not get involved in the operations of the
City. He stated that justice has been performed because Mr. Adair has been
charged in the appropriate court of law.
Council Member Slavik stated that she agrees with Council Member Mendez
that poor judgement was used on the part of Chief Banner. She stated that some
people say that the Chief does know the Adairs'. She stated that the Council
should listen to the Association; they have a valid point; and the Council has
not handled this correctly. She stated that she supports Chief Banner and his
position, but he did use poor judgement.
City Attorney George urged anyone that has information relating to this, to
let him know.
Council Member Guerrero pointed out that two State officials are involved
whose names have not been mentioned and that was not included in the report.
Mr. George told Mr. Guerrero that the information he gave him was
irrelevant to the issue of obstruction of justice. He stated that the only
thing this will do is prevent Mr:-Ade#r the suspect from obtaining a fair trial.
In response to questions from Council Member Strong, Sgt. Shedd stated that
the Association has 305 members; the Board of Directors votes on how to proceed
on issues; on major issues the vote is taken to the membership; this issue has
been taken to the membership; and no one voiced opposition.
Amended by Council motion - 11/18/86
uinutes
Regular Council Meeting
October 28, 1986
Page 16
Council Member Strong stated that if the Council listened to the tapes and
voted on whether or not to support staff's opinion, and that vote was split, she
does not feel that the matter would be settled. She stated that she does not
feel the Council can settle the issue unless it is a clear-cut vote. She stated
that the other issue is that the City Manager has justification for his actions,
and he has prepared what he considers a just and final report. She stated that
the Council does not have the right to interfere with those types of decisions,
and she will not vote to listen to the tapes for that reason.
Council Member Guerrero stated that the Council can always find a reason to
hide; the Charter is used for that. He stated that if the tapes were reviewed
and the information given in the report was found to be incorrect, then the
Council would assume that the City Attorney gave the wrong information to the
City Manager, and that would solve the problem.
Council Member McComb stated that the resolution is whether the Council
thinks that Chief Banner made an error -- it does not affect the outcome. He
stated that he does not know if there was an error in judgement. He stated that
it is unfortunate that the chain -of -command was not completely followed, because
he feels that the Police Department is professional. He stated that whether
Chief Banner receives a public reprimand or a reprimand by the City Manager, he
will not make the same error in judgement again.
Council Member Berlanga stated that the Council would be able to determine
if the report is accurate, if they listen to the tapes. He acknowledged that
the Council cannot tell the City Manager to fire, but they can get him to change
his mind.
Council Member Mendez addressed Sgt. Shedd, and stated that several Council
Members have stated that there may have been an error in judgement. He asked
Sgt. Shedd what he thought the solution to the problem should be.
Sgt. Shedd stated that other police officers are subject to disciplinary
action when they violate the departmental rules; it may be oral, written, or
days off, and he thinks that is what the officers want.
Council Member Mendez stated that the Council can agree about bad
judgement, but the kind of action to be taken is out of the Council's power and
the Association needs to be aware of that.
Sgt. Shedd stated that he would like to see the issue resolved, but the
City Manager refuses to put in the statement that, in his opinion, Chief Banner
used poor judgement.
Council Member Mendez stated that he feels the City Manager and City
Attorney would be willing to meet again.
Sgt. Shedd stated that he would be willing to meet again.
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Regular Council Meeting
October 28, 1986
Page 17
Council Member Strong asked if other officers' disciplinary actions are
made public, and Sgt. Shedd stated that they are public knowledge. He noted
that many officers' names are in the paper and on television when disciplinary
action is taken.
Council Member Guerrero noted that the Council has come a long way in
halfway acknowledging an error in judgement. He stated that disciplinary action
against Chief Banner concerns him because of a retaliation effect it could have
against the officers that are present at today's meeting.
Council Member McComb agreed that they should meet again, noting that
certainly there are words that both parties can agree to.
Council Member Slavik agreed also, noting that the staff has heard the
Council's concerns.
Sgt. Shedd stated that he had hoped the Council would vote on listening to
the tapes.
Council Member Guerrero withdrew his motion. He stated that he has not
seen sincerity from the City Manager's Office, and he is going to see this
matter to the end; but, he has to be clear that everything has been done to try
to resolve this issue.
Mayor Jones countered Council Member Guerrero's remarks by stating that the
issue is truth -- the matter should be taken to court.
Council Member Slavik made a motion that the City Manager and City Attorney
meet with the Police Association representatives and their attorney; seconded by
Council Member Mendez; and passed unanimously.
Sgt. Valverde addressed the Council again, and stated that the issue is not
justice, but rather the misconduct of the City Manager and City Attorney in not
cooperating with our Police Association, and the City Council's unwillingness to
cooperate.
Sgt. Shedd stated that in the interest of resolving the issue, they will
meet again with the City Manager and City Attorney.
There being no further business to come before the Council; on motion by
Council Member Strong; seconded by Council Member Mendez and passed unanimously,
the meeting was adjourned at 4:45 p.m., October 28, 1986.
/td
*Amended by Council motion - 11/18/86
_.mutes
Regular Council Meeting
October 28, 1986
Page 18
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 28, 1986, which were approved by the City Council on November 4, 1986.
WITNESSETH MY HAND AND SEAL, this the l0:4 day of %Lytr,a.I2-✓ 414.
Armando Chapa City Secretary
City of Corpus Christi, Texas
Luther J$'es, MAYOR