HomeMy WebLinkAboutMinutes City Council - 10/27/1987PRESENT
Mayor Betty Turner
Mayor Pro Tem Mary Rhodes
Council Members:
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
Clif Moss
Bill Pruet
Mary Pat Slavik
Linda Strong
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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
OCTOBER 27, 1987
9:00 a.m.
Acting City Manager Kelly Elizondo
City Attorney Hal George
City' Secretary Armando Chapa
Absent
City Manager Craig McDowell
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Reverend Ed Gates of the Corpus Christi Beach
Baptist Chapel following which the Pledge of Allegiance to the Flag of the
United States was led by Council Member Moss.
A motion was made by Council Member Strong that the Minutes of the Regular
Council Meeting of October 20, 1987 be approved as presented; seconded by Mayor
Pro Tem Rhodes and passed unanimously.
Mayor Turner read a Proclamation designating October 26 - 31, 1987 as
"Polish Week." She recognized Mr. Jack Ratkovic who introduced members
affiliated with the Polish community.
* * * * * * * * * * * * *
Mr. Charles C. Irby, Chairman, Corpus Christi Cable Communications
Commission, presented a Cable Communications Commission Report on a survey of
Athena Cablevision. He stated that in summary of the survey, it was found that
the majority of subscribers like the programming, like the signal quality, have
few problems, but dislike Athena as a company. He stated that the problem, as
expected, is one of public image not performance failure. He further stated
that Athena is performing within the guidelines as set by the franchise
agreement.
Council Member Berlanga expressed the opinion that the reason the
subscribers dislike Athena as a company is because there have been a lot of
problems and complaints due to the lack of answering the phone. Mr. Berlanga
inquired if these problems have been solved, and Mr. Irby replied that to the
MICROFILMED
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Commission's knowledge the phone problem has been solved.
Mr. Irby continued by stating that the summary recommendation is that the
franchise references to two-way be interpreted at this time to mean two-way as
related to institutional customers that are required by franchise agreement to
receive basic services without charge; this narrows the issues for the Council
to the City, Del Mar College, Corpus Christi State University, and the five
included school districts. He stated that the Commission recommends that
institutional users be dealt with independently as each user requests two-way
access.
Mayor Turner recognized Dr. Ross Purdy and Dr. Patrick Carroll from the
Corpus Christi State University's Social Science Research Center who performed
the survey.
* * * * * * * * * * * * *
Mr. Jorge C. Rangel, Chairman of SCOPE '88 presented the recommendations of
the SCOPE committee on the November 3, 1987 constitutional amendments election.
Mr. Rangel noted that the committee endorses the following propositions: No. 4
- allows the legislature to create programs and authorize loans and grants for
stimulation, development and diversification of the economy; No. 6 - establishes
three funds, made up of general obligation bond money, which can be used to
develop new products, foster small business growth and promote agricultural
business expansion and marketing; Nu. 7 - provides up to $400 million to provide
loans for local governments to develop public facilities; No. 8 - provides up to
$500 million for construction of new correctional institutions and mental health
and mental retardation facilities; No. 11 - exempts ad valorem taxation on goods
remaining in the state less than 175 days and materials used in manufacturing
(this was the only S.C.O.P.E. '88 endorsement that was not unanimous); No. 19 -
authorizes $500 million to use in defraying start-up costs if the state wins the
federal Superconducting Super Collider research project; and No. 23 - authorizes
up to $400 million for use on water development projects.
Mr. Rangel stated that the committee has also endorsed the referendum on
dog racing in Nueces County.
Council Member Guerrero noted that the City Council has not taken a
position in favor of dog racing and pari-mutuel betting. Mr. Guerrero stated
that he is not in favor.
* * * * * * * * * * * * * *
Council Member Berlanga informed the Council that the Heart of Corpus
Christi, Inc. will hold a press conference on Wednesday, October 28, at 11:00
a.m. at the Hershey Hotel, and at 1:30 p.m. there will be a planning retreat for
the 60 members of that Board.
* * * * * * * * * * * * *
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Mayor Turner announced the bid opening on the McNorton Area Street and
Drainage Improvements.
Assistant City Manager James K. Lontos opened bids on this project from the
following firms: Haas Paving Company; Larson Plumbing & Utility; South Texas
Construction Co.; South Texas Utility Contractors, dba J & B Contractors;
Tennessee Pipeline Construction; W. T. Young Construction Co.; and A. Ortiz Co.
He verified that all companies had submitted the required security bond or
cashier's check and had acknowledged receipt of the addendum with the exception
of South Texas Construction Co.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions 1 thru 5, noting
that Items 3 and 4 will be withheld for discussion.
1. M87-0355
Approving a supply agreement for computer paper to Data Documents based on
low bid and best bid of $13,102.79. The term of this agreement will be
twelve months with the option to extend for an additional twelve months
subject to the approval of the supplier and the City Manager or his
designee. These items will be used by the Data Processing Department.
2. M87-0356
Approving a supply agreement for police and airport security uniforms to
Famous Uniforms based on low bid and best bid of $43,648.50. The term of
this agreement will be twelve months with option to extend for an
additional twelve months subject to the approval of the supplier and the
City Manager or his designee.
3. M87-0357
Approving plans and specifications and authorizing receipt of bids on
November 24, 1987, for the installation of a security fence at the City
Service Center.
4. M87-0358
Approving plans and specifications and authorizing receipt of bids on
November 24, 1987, for Relocation and Improvements to Whitecap Boulevard.
5. M87-0359
Endorsing Proposition No. 7 (Build Texas Program) to be included on the
November 3, 1987 ballot. The proposition authorizes $400 million in
General Obligation bonds for the purpose of making loans to local
governments to finance construction of public facilities and to make grants
to local governments for planning and design of projects. (Withdrawn -
9/29/87)
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There were no comments from the audience on the Consent Motions.
A motion was made by Council Member Strong to approve Motions 1, 2 and 5;
seconded by Council Member Mendez and passed by the following vote: Turner,
Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting,
"Aye" with following exceptions; Berlanga abstained on 112; Guerrero and Slavik
voting, "No" on #5.
In answer to a question from Council Member Moss on Item No. 3 concerning
the Service Center security fence, phase I, Acting City Manager Elizondo
explained the City is taking bids for 3,000 linear feet of fence.
In reference to Item No. 4 regarding Whitecap Boulevard, Council Member
Slavik inquired if the Council should first vote on No. 19 because technically
if the City does not get the lease, this project could not be done, and Mr.
Elizondo replied that is correct, but this item is a Consent Motion and it is up
to the Council to decide if they want to vote on No. 4 first.
A motion was made by Council Member Strong to approve Items 3 and 4;
seconded by Council Member Pruet and passed by the following vote: Turner,
Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting,
"Aye" with following exceptions; Guerrero and Slavik voting, "No" on Item 114.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Resolutions, Ordinances
and Ordinances from previous meetings of Nos. 7 thru 11 and Council Members
requested that Item 6 be withheld for discussion.
There were no comments from the audience on the other items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
7. RESOLUTION NO. 20027
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO
PARCEL 3 FOR THE AIRLINE ROAD STREET IMPROVEMENTS -HOLLY TO WOOLDRIDGE
PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNERS, LEDFORD-CHEEK, INC.;
AND DECLARING AN EMERGENCY.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye."
8. RESOLUTION NO. 20028
APPROPRIATING $3,600 FROM THE 561 STREET BOND FUND FOR ACQUISITION OF
PARCEL 1 BY CONDEMNATION FOR THE I.H. 37 INTERCHANGE IMPROVEMENTS PROJECT.
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The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye."
9. RESOLUTION NO. 20029
APPROPRIATING $7,325 FROM THE 250 SANITARY SEWER BOND FUND FOR ACQUISITION
OF PARCEL 6 IN CONNECTION WITH THE I.H. 37 UTILITY ADJUSTMENTS PROJECT.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye."
10. RESOLUTION NO. 20030
APPROPRIATING $6,170 FROM THE 561 STREET IMPROVEMENTS BOND FUND FOR THE
ACQUISITION OF PARCEL 2 IN CONNECTION WITH THE GLENOAK DRIVE SIDEWALK
IMPROVEMENTS PROJECT.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye."
11. ORDINANCE NO. 20031
CLOSING AND ABANDONING A 1.5 FOOD WIDE PORTION OF THE 7.5 FOOT WIDE UTILITY
EASEMENT IN LOT 2, BLOCK 2, COUNTRY CLUB ESTATES UNIT 30, SUBJECT TO THE
PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet,
Slavik and Strong voting, "Aye."
In reference to Item No. 6 concerning the FAA Grant Preapplication for the
rehabilitation of a crash/fire rescue (CFR) vehicle located at the airport,
Council Member Slavik inquired about the cost of these vehicles when new, and
Acting City Manager Elizondo replied the estimated cost is $375,000, and Staff
feels this is cost-effective.
There were no comments from the audience on this item.
City Secretary Chapa polled the Council for their votes and the following
Resolution was passed:
6. RESOLUTION NO. 20026
AUTHORIZING THE SUBMISSION OF A GRANT PREAPPLICATION TO THE FEDERAL
AVIATION ADMINISTRATION FOR 1988 FUNDS TO REMANUFACTURE ONE AIRPORT
CRASH/FIRE RESCUE VEHICLE AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
RELATED DOCUMENTS.
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The foregoing Resolution passed by the following
Berlanga, Mendez, Moss, Pruet, Slavik and Strong
absent at the time the vote was taken.
Mayor Turner called for consideration Items 12
will be withheld for discussion.
vote: Turner, Rhodes,
voting, "Aye"; Guerrero
thru 18, noting that No. 12
There were no comments from the audience on the other items.
City Secretary Chapa polled the Council for their
were passed:
13. SECOND READING
votes and
the following
AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, SECTION 53-252, SCHEDULE
III --PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed
Turner, Rhodes, Berlanga, Mendez,
"Aye"; Guerrero absent at the time
14. ORDINANCE NO. 20032
on second reading by the following vote:
Moss, Pruet, Slavik and Strong voting,
the vote was taken.
AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH THE SOUTHSIDE
LITTLE MISS KICKBALL LEAGUE FOR THE USE OF 7.08 ACRES OF LAND AT THE
ANDERSON PIT FOR YOUTH SPORTS.
The foregoing Ordinance was passed
Turner, Rhodes, Berlanga, Mendez,
"Aye"; Guerrero absent at the time
on third reading by the following vote:
Moss, Pruet, Slavik and Strong voting,
the vote was taken.
15. ORDINANCE NO. 20033
RENEWING AND AMENDING A LEASE TO THE CAMPFIRE GIRLS, INCORPORATED OF 21
ACRES OF LAKE CORPUS CHRISTI RESERVOIR LAND FOR RECREATIONAL PURPOSES FOR A
TERM OF 30 YEARS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting,
"Aye"; Guerrero absent at the time the vote was taken.
16. ORDINANCE NO. 20034
AUTHORIZING THE EXECUTION OF AN AMENDMENT OF BARGE RESTAURANT AGREEMENT
WITH PLEASURE PIER ASSOCIATES, INC., d.b.a. C. C. DOCKSIDE RESTAURANT.
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The foregoing Ordinance was passed on third reading by the following vote:
Turner, Berlanga, Mendez, Moss, Pruet, and Strong voting, "Aye"; Rhodes and
Slavik voting, "No"; Guerrero absent at the time the vote was taken.
17. ORDINANCE NO. 20035
AUTHORIZING THE EXECUTION OF A CONTRACT MODIFICATION WITH HASSLOCHER
ENTERPRISES, INC. d.b.a. WAYWARD LADY.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Berlanga, Mendez, Moss, Pruet, and Strong voting, "Aye"; Rhodes and
Slavik voting, "No"; Guerrero absent at the time the vote was taken.
18. ORDINANCE NO. 20036
AMENDING THE CITY CODE, CHAPTER 49, STREETS AND SIDEWALKS, SECTION 49-12,
PETITION TO COUNCIL TO ESTABLISH OR CLOSE STREETS, ETC.; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting,
"Aye"; Guerrero absent at the time the vote was taken.
In reference to Item No. 12 concerning the self-service baggage cart
operation at the airport, Council Member Slavik inquired about the $80 a month
for maintenance and asked if the contractor could pay for his own maintenance,
and Acting City Manager Elizondo replied that is the only way the City could get
the contract, and it is estimated that the City will break even.
In answer to a question from Council Member Strong, Mr. Elizondo explained
that the target date for starting the project is January of 1988. He explained
the procedure for ordering new carts and that there will be a couple of months
of lag time. Mr. Elizondo stated that our airport is the smallest airport the
company is handling.
There were no comments from the audience on this item.
City Secretary Chapa polled the Council for their votes and the following
were passed:
12. FIRST READING
AUTHORIZING THE EXECUTION OF A FIVE
INC. FOR A SELF-SERVICE BAGGAGE
PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on
Turner, Rhodes, Berlanga, Guerrero,
"Aye"; Mendez absent at the time the
YEAR LEASE AGREEMENT WITH SMARTE CARTE
CART OPERATION AT THE AIRPORT; AND
first reading by the following vote:
Moss, Pruet, Slavik and Strong voting,
vote was taken.
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Mayor Turner called for consideration of Items 19 thru 23.
In reference to a question from Mayor Pro Tem Rhodes on Item No. 19
concerning the lease on coastal public lands, Acting City Manager Elizondo
explained that regarding this item the Council will be voting to authorize the
City Manager to execute a lease on Coastal Public Lands from the Texas General
Land Office and the School Land Board for 17.95 acres.
Council Member Slavik requested to be shown on the map where future parking
lots will be placed, and Assistant City Manager Tom Utter located the areas on
the map. He stated that this has been approved by Commissioner J. P. Luby.
Mrs. Slavik inquired if the City does not acquire this lease if the
Whitecap replacement could still continue, and Mr. Elizondo replied the whole
project would have to be re -thought and the approaches that have been taken
would have to be abandoned.
Mrs. Slavik inquired how much of this project the lease will affect, and
Mr. Utter located on the map the area that is affected.
In reference to Item No. 20 concerning the requested street and easement
closure - Del Mar College Campus, Mayor Pro Tem Rhodes inquired if this included
the waiver of the fee, and Acting City Manager Elizondo replied the City is
crediting Del Mar with the improvements that they are making.
In reference to Item No. 21 concerning the Seamen's Center Lease, Mayor
Turner expressed appreciation to the Kennedy Foundation, the people at the
Seamen's Center and everyone who has contributed to the facility.
Mayor Turner recognized Mr. George Dawson, Chairman of the Seamen's Center,
who acknowledged members of the Seamen's Center and people who were active in
this project.
Mayor Turner recognized Mr. Jim Rome, architect for the facility, who
displayed a preliminary rendering of the center. Mr. Rome explained that the
rendering will have to be somewhat modified to reduce the size slightly, but the
general design will be the same. He noted that they will begin preparing the
plans and specifications and review them with the Landmark Commission.
Mayor Turner recognized Mr. Ron Bradley, member of the Kenedy Foundation
Board, who stated that they are pleased to participate in this historical
project.
Members of the Council expressed appreciation to the Kenedy Foundation and
the architect, Mr. Jim Rome.
There were no comments from the audience on the above items.
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City Secretary Chapa polled the Council for their votes and the following
were passed:
19. RESOLUTION NO. 20037
AUTHORIZING THE EXECUTION OF A LEASE ON COASTAL PUBLIC LANDS FROM THE TEXAS
GENERAL LAND OFFICE AND THE SCHOOL LAND BOARD FOR 17.95 ACRES.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Mendez, Moss, Pruet, and Strong voting, "Aye"; Guerrero and
Slavik voting, "No."
20. ORDINANCE NO. 20038
CLOSING AND ABANDONING THE 5 -FOOT WIDE UTILITY EASEMENTS IN BLOCKS 2, 3, 4,
5, 18, and 19, SOUTHMORELAND ADDITION; CLOSING AND ABANDONING THE PUBLIC
RIGHTS-OF-WAY OF SHELY STREET FROM NAPLES STREET TO AYERS STREET, LEWIS
STREET FROM SHELY STREET TO EDWARDS STREET, KOSAR STREET FROM NAPLES TO
AYERS STREET, AND TWO 160 -FOOT LONG PORTIONS OF TOMPKINS STREET BETWEEN
NAPLES STREET AND AYERS STREET, RETAINING ALL AS UTILITY EASEMENTS; CLOSING
AND ABANDONING CARTER STREET FROM AYERS STREET SOUTHEASTWARD TO A POINT 150
FEET SOUTHEAST FROM THE SOUTHEASTERLY RIGHT -OF -WA? OF LEWIS STREET
RETAINING AS UTILITY EASEMENT THE PORTIONS OF CARTER STREET FROM AYERS
STREET TO A POINT 126 FEET SOUTHEASTWARD STREET FROM AYERS STREET TO A
POINT 126 FEET SOUTHEASTWARD AND FROM A POINT 391 -FEET SOUTHEAST OF AYERS
STREET TO APPOINT 150 FEET SOUTHEAST FROM THE SOUTHEASTERLY RIGHT-OF-WAY OF
LEWIS STREET; PROVIDING APPLICANT REROUTE THE EXISTING 8 -INCH DIAMETER
WATER MAIN WITHIN THAT PORTION OF CARTER STREET NOT RETAINED AS UTILITY
EASEMENT; PROVIDING APPLICANT A CREDIT TO THE FAIR MARKET VALUE FOR THE
STREET RIGHTS-OF-WAY HEREIN ABANDONED; AND PROVIDING FOR REPLATTING OF ALL
AFFECTED PROPERTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Mendez, Moss, Pruet, Slavik and Strong
voting, "Aye"; Rhodes and Guerrero voting, "No."
Mayor Pro Tem Rhodes noted that she is not opposed to the street closure,
just the waiver.
21. FIRST READING
AUTHORIZING THE EXECUTION OF A 20 YEAR LEASE WITH TWO 20 YEAR OPTIONS FOR
LOTS 1 AND 2, BLOCK 60, BEACH ADDITION, AT THE CORNER OF FITZGERALD AND
MESQUITE STREETS, TO THE CORPUS CHRISTI INTERNATIONAL SEAMEN'S CENTER, INC.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong
voting, "Aye."
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22. ORDINANCE NO. 20039
ANNEXING 11 AREAS CONTAINING 33,172.02± ACRES OF GOVERNMENTALLY OWNED LAND.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong
voting, "Aye."
23. ORDINANCE NO. 20040
ANNEXING 26 AREAS CONTAINING 2,869.89± ACRES OF PRIVATELY OWNED LAND.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong
voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner informed the Council that on October 21, a petition was filed
with the City Secretary on a request for the removal of Council Member Frank
Mendez from the City Council for an alleged violation of the conflict of
interest provision of the City Charter. Mayor Turner acknowledged receipt of
the petition and stated she would like to set the date and time of the Public
Hearing and to formally adopt the rules and procedures.
Council Member Mendez excused himself from the Council Meeting to allow the
Council to discuss this matter.
Discussion followed, and a motion was made by Council Member Berlanga to
schedule the Public Hearing at 5:00 p.m. on November 10, 1987 as part of the
Regular Council Meeting. The motion was seconded by Council Member Pruet and
passed unanimously.
Mayor Turner encouraged the Council to adopt the rules and procedures which
were presented to the Council by City Attorney George. Mayor Turner stated that
there will not be a white -wash, but that it will be a controlled session. She
continued by stating that she does not intend to let the session get out of
hand; she wants to assure that they stick to the subject; and that irrelevant,
immaterial or incompetent evidence shall not be admitted. She encouraged the
Council to invite each of the petitioners to be present, each of the petitioners
to take an oath; and that the petitioners be available to answer any questions
that any Council Member may have. She stated that she will be presiding at the
hearing and will set the rules.
Council Member Guerrero inquired about the oath and about the penalties
for perjury, and Mr. George replied they would be the same statutory penalties
for lying to a government agency. Mr. George said he referred to the rules
adopted at the 1981 hearing regarding former Council Member Jack Dumphy and
updated them to the Charter.
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In answer to a question from Council Member Guerrero, Mr. George stated
that the Council will be the deciding body of what evidence to hear, and it is
up to the Council under the Charter to decide the course of action to take. He
stated that there will be three parties; the petitioners, the City Staff and the
Council Members; the Council will be the judge of getting all the evidence out;
and if it relates, the Council will hear it. He stated that he intends to bring
all the relevant facts out, and it is up to the Council to admit that evidence.
In answer to a question from Council Member Guerrero regarding whether
state law supersedes the City, Mr. George explained there will be two different
issues to address because the codes are very different. He then explained the
two different codes.
In answer to a question from Mayor Pro Tem Rhodes, Mr. George stated that
the burden of proof is on the petitioners, and there are three different burdens
of proof. He explained the three differences and stated that he has not
determined which one is applicable in this case, and that he will provide that
to the Council. Mrs. Rhodes requested that the Council be provided a copy of
the state code of ethics.
In answer to a question from Council Member Berlanga about if the Council
disagrees with the City Attorney's opinion, Mr. George stated it is up to the
Council to make the decision; it is a well established rule of law that a
legislative body is the judge; the City Council is the judge in this case; and
it will be the Council's pleasure to request another opinion.
Discussion followed, and in answer to questions, Mr. George stated that the
evidence will come from the witness stand; the Council is the judge in the
qualification of its members; and the Charter says the Council can remove a
Council Member for willful violation of the code of ethics.
Council Member Strong expressed the opinion that the Council not be
presented evidence before the hearing, and that they should hear the evidence
under oath. She stated it is extremely important that the Council hold
themselves apart from this issue and not discuss it until the hearing.
In answer to questions about witnesses, Mr. George stated it is up to the
Council to decide whether they want to exclude anyone from the room that is
going to be a witness. He noted that the Council sets the rules.
In answer to a question from Council Member Berlanga regarding whether
Council Member Mendez should be able to participate at meetings, Mr. George
stated that it is totally up to the Council, and Council has the option under
the Charter to suspend Mr. Mendez for thirty days.
Mayor Turner expressed the opinion that Mr. Mendez is innocent until proven
guilty, and to suspend him does not accomplish a thing, and she noted that the
Council did not do that in the Jack Dumphy case.
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After more discussion, Mayor Pro Tem Rhodes inquired about the procedure
for deliberation, and Mr. George replied the Council may go into closed session,
but at the previous hearing, all the deliberations were done in the public
meeting. Mr. George continued by stating that based on evidence presented at
the hearing, the Council has a wide range of remedial actions at its disposal.
He stated they can do nothing or determine there has been a willful violation of
the code of ethics. He stated that the Council has the obligation to have the
hearing, and at the conclusion of the hearing, the Council can take whatever
action they choose.
Mayor Pro Tem Rhodes expressed the opinion that the Council should be very
careful about not crucifying any innocent people.
Council Member Guerrero requested that the Council be provided the
transcript of the trial on the Jack Dumphy case; statements that have come out
in chronological order; and news media coverage in chronological order because
it will be helpful in establishing a basis for what the Council is going to be
listening to.
Discussion followed, and a motion was made by Council Member Rhodes to
adopt the rules and procedures outlined by City Attorney Hal George. The motion
was seconded by Council Member Pruet and passed unanimously.
* * * * * * * * * * * *
Mayor Turner called for Council liaison and other reports.
Botanical Gardens - Council Member Slavik inquired when the waterline will
be put in, and Director of Engineering, Victor Medina, replied the work order
has been issued, and it will probably be another two weeks.
Downtown Revitalization - Council Member Berlanga reminded the Council
about the Press Conference at 11:00 a.m. and the Retreat at 1:30 p.m. at the
Hershey Hotel on Wednesday, October 28.
Port Authority - Mayor Pro Tem Rhodes read a report, copies of which she
will provide to the Council.
Convention and Visitors Bureau - Council Member Pruet informed the Council
that they had an exceptional retreat, and he will provide the Council a written
summary of their findings. Mr. Pruet asked for Council consideration to work
with Council Member Berlanga in developing a program to invite the business
leaders from Laredo for a reciprocal exchange of ideas.
Mayor Turner appointed a Task Force of two, Council Members Berlanga and
Pruet, to work together on the above matter.
Mayor Turner referred to the typhoon in our Sister City in Keelung, Taiwan.
She stated that she did not yet know the status but was checking to determine
whether the City of Corpus Christi could be of any assistance there.
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Council Member Strong requested Council consideration to reconsider the
excavation ordinance which had been tabled at its third reading until a lawsuit
was resolved. She stated that the court case is over and the Planning
Commission has approved the ordinance.
A motion was made by Council Member Strong to remove from the table and to
reconsider the excavation ordinance; seconded by Mayor Pro Tem Rhodes and passed
unanimously.
* * * * * * * * * * * * *
Mayor Turner called for petitions or information from the audience on
matters not scheduled on the agenda.
Mr. Steve Morales, lead petitioner in the Frank Mendez case, inquired if
the state law prevails over the local law, and City Attorney George replied
generally speaking, that is the general rule of law. Mr. Morales stated he
thought the petition was a motion. He inquired if the Mayor will be one of
nine, and Mayor Turner replied she will preside over the hearing, but that the
majority of the Council rules. Mr. Morlales requested access to all of the
information that the City Attorney has within a reasonable period of time before
the hearing. He requested that the City Council appoint a special Counsel for
the hearing. He informed the Council that he will mail them a series of
questions that will be asked before the hearing. He stated that November 10 was
not convenient for him and requested that the hearing be set for November 17.
Council Member Strong stated she would be out-of-town on November 17th, and the
Council and Mr. Morales agreed to hold the hearing on the 24th of November.
Mr. Bennie Benavides, expressed concern regarding the constitutional rights
of Council Member Mendez, and that the City is not violating the double jeopardy
law. He stated that he did not think it is fair that Mr. Mendez be tried by two
processes.
Mr. Philip Rosenstein, 949 Bobalo, spoke in opposition to pari-mutuel
betting and presented the Council pamphlets on dog and horse racing. He
challenged the Council's right to not allow him to hang up a banner in the
Council Chambers, and stated his major complaint is about some of the Council
Members using their position to sway the public on pari-mutuel betting.
Mr. John Jordan, 1466 Casa del Oro, spoke in opposition to appointing a
Special Prosecuter in the Frank Mendez case.
There being no further business to come before the Council, a motion was
made by Council Member Guerrero; seconded by Council Member Berlanga; and passed
unanimously that the meeting be adjourned at 11:37 a.m.
* * * * * * * * * * * * *
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 27, 1987, which were approved by the City Council on November 3, 1987.
WITNESSETH MY HAND AND SEAL, this the f3 day of 724-2. / 9 7
Armando Chapa, City Secretary
City of Corpus Christi
¥etty Tudiier, MAYOR