HomeMy WebLinkAboutMinutes City Council - 03/21/1989MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MARCH 21, 1989
8:00 a.m.
PRESENT
Mayor Betty Turner
Mayor Pro Tem Frank Schwing *
Council Members:
David Berlanga, Sr.
Leo Guerrero *
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik *
Linda Strong *
City Manager Juan Garza
City Attorney Hal George
City Secretary Armando Chapa
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was delivered by Council Member Berlanga following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member
Bill Pruet.
City Secretary Chapa called the roll and verified that the necessary quorum
of the Council and the required charter officers were present to conduct the
meeting.
Mayor Turner called for approval of the Minutes of the Workshop and Regular
Council Meetings of March 14, 1989, and Council Member Rhodes noted name
corrections on Page 6 of the Workshop Meeting Minutes and on Page 12 of the
Council Meeting Minutes. Mayor Turner then proclaimed the Minutes approved as
amended.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions, Resolutions,
Ordinances and Ordinances from previous meetings on Items 1 thru 2.
* Council Member Slavik arrived at 8:05 a.m.
Relative to Item No. 2 on the "Art in the Heart" Festival, Mr. Gus Teller,
the new Director of the Art Museum of South Texas, requested the Council's
support in waiving all fees in support of this event in consideration of the
event's impact in stimulating attention and patronage to the downtown commercial
area.
Minutes
Regular Council Meeting
March 21, 1989
Page 2
In answer to a question from Council Member Slavik relative to waiving the
four percent fee, City Manager Garza stated that the City has been trying to
support the Heart of Corpus Christi in the revitalization of downtown; the City
Council has made that a priority; and under those particular circumstances, the
City could waive that requirement.
In answer to a question from Council Member Rhodes, Assistant City Manager
Jesus Garza stated that staff recommends that the four percent not be used, but
that the City be reimbursed actual costs incurred, and Mrs. Rhodes stated that
she will support the motion as long as the City is reimbursed for expenses so
they do not lose money.
City Secretary Chapa polled the Council for their votes and the following
were passed:
1. M89-0077
Motion approving the purchase of four 72" self propelled rotary mowers from
the following companies based on low bid meeting specifications for a total
of $24,076.40. The mowers will be used by the Oso Golf Course, Wastewater
and Park & Recreation Divisions. Funds were approved in the 1988-89
Capital Outlay:
Goldthwaites of Texas
$17,483.40
Watson Distributors
$6,593.00
Total: $24,076.40
The foregoing motion passed by the following vote: Turner, Berlanga,
Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing and Strong
absent at the time the vote was taken.
2. M89-0078
Motion approving the application by the Auxiliary to the Art Museum of
South Texas to hold the "Art in the Heart" festival on March 31 - April 2,
1989, and approving the closing of the following streets for said event:
a. Chaparral Street, between Lawrence and Peoples Streets
b. Schatzel Street, between Water and Lower Broadway Streets
c. Peoples Street, between Water and Lower Broadway Streets
d. Mesquite Street, between Peoples and Lawrence Streets
Recommendation that the Auxiliary's request to waive the requirement for
reimbursing the City for its expenses be denied.
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Minutes
Regular Council Meeting
March 21, 1989
Page 3
The foregoing motion passed by the following vote: Turner, Berlanga,
Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing and Strong
absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Items 3 thru 12 and Council
Members requested that Items 3, 4, 5, 7 and 8 be withheld for discussion.
There were no questions from the audience on the other items.
* Council Member Guerrero arrived at 8:10 a.m.
City Secretary Chapa polled the Council for their votes and the following
were passed:
6. RESOLUTION NO. 20630
SUPPORTING THE ACTION OF THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION TO EXCHANGE/SELL EXCESS RIGHT-OF-WAY AT THE INTERSECTION OF
RODD FIELD ROAD (S.H. 357) AND PADRE ISLAND DRIVE (S.H. 358) AND DECLARING
THAT THIS AREA IS NO LONGER NEEDED FOR USE BY CITIZENS FOR ROADWAY
PURPOSES.
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing and Strong
absent at the time the vote was taken.
9. RESOLUTION NO. 20633
IN SUPPORT OF HOUSE BILL 2508 RELATING TO RATES FOR INSURANCE ON PROPERTY
AND RISKS LOCATED SEAWARD OF THE INTRACOASTAL CANAL.
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Schwing and Strong
absent at the time the vote was taken.
10. ORDINANCE NO. 20634
AMENDING ORDINANCE NO. 20190 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE
FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET: -
1. S.H. 44 from West of Clarkwood East for 4100 linear feet to Gilliam
Lane; 2. F.M. 2292 from S.H. 44 South for 2050 linear feet: AND DECLARING
AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik
voting, "Aye"; Schwing and Strong absent at the time the vote was taken.
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Minutes
Regular Council Meeting
March 21, 1989
Page 4
11. ORDINANCE NO. 20635
APPOINTING ELECTION OFFICIALS FOR ALL MUNICIPAL ELECTIONS FOR 1989; AND
DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik
voting, "Aye"; Schwing and Strong absent at the time the vote was taken.
12. FIRST READING
CLOSING AND ABANDONING A TWO-INCH WIDE PORTION OF A 7.5 FOOT WIDE BY 19
FOOT LONG UTILITY EASEMENT IN LOT 12, BLOCK 4, LAGUNA ESTATES UNIT 1,
SUBJECT TO CERTAIN PROVISIONS.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Berlanga, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye";
Schwing and Strong absent at the time the vote was taken.
* * * * * * * * * * * * *
Relative to Item No. 3 on the Quincentennial Commission, Mayor Turner
inquired if the City has received a written budget from the Commission, and City
Manager Garza stated that staff has been working with the Commission to set up a
Corporation which would then contract with the City, and at that time a budget
will be presented to the Council.
Council Member Rhodes stated that this request was supposed to come back to
the Council with the budget and until the Council is presented the budget, she
will not support it.
City Manager Garza stated that the reason the request was brought before
the Council was to reaffirm the direction the Council gave to the City Manager.
He stated that at the time the Commission made their presentation, the Council
unanimously directed the staff to find $20,000 which would be allocated in five
increments. Mr. Garza stated that staff could not draw up a contract because
the Commission does not exist as a body.
Mayor Turner indicated that the Council could support the request in
concept, but to hold any allocation of funds until the budget has been received
and approved by the Council.
Discussion followed and Council Member Pruet made a motion to table Item 3
until the submission of the Quincentennial Commission budget. The motion was
seconded by Council Member Slavik and passed by the following vote: Turner,
Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga voting, "No";
Schwing and Strong absent at the time the vote was taken.
Minutes
Regular Council Meeting
March 21, 1989
Page 5
Relative to Item No. 4 on cancelling the approval granted by Motion
M89-0047 for alcoholic beverage possession in Cole park on February 21, 1989
during Caller -Times U.S. Open Pro Am Sailboard Regatta, Council Member Slavik
requested an explanation of why the request is being withdrawn. She stated that
she had heard that the staff suggested that they withdraw their request because
the staff was fearful of enforcement, and City Manager Garza stated that is
incorrect; the staff advised the Caller -Times that if there was to be alcohol,
they would have to ask for a waiver; and the only body that could grant that
waiver is the City Council.
Relative to Item No. 5 on the Park Road 22 and 53 Intersection, Council
Member Slavik inquired about the cost for this project, stating that the City
already has some serious infrastructure needs, and City Manager Garza responded
by stating that the staff has a similar concern. He commented on the amount of
money that the state is putting into Corpus Christi in helping to develop the
roadway system and improve it stating that the City should do everything
possible to find that money. He stated that in the next Capital Improvement
Program the City is planning are $3 million in projects that are almost entirely
state funded. He stated that the City has been successful in working with the
state to acquire that money, noting that the money converts into several times
that investment for the City. Mr. Garza indicated that it will cause pressure
on the City, noting that it would be terrible if the state comes up with a major
allocation for a project and the City did not have the money.
Council Member Slavik asked if someone could describe the project. stating
that she would like to wait on this item until next week. She suggested that a
representative from the state come to the Council Meeting and make a
presentation.
Engineering Services Director, Carl Crull, stated that the state has not
yet developed any plans; they are asking for the City's support; and he
explained the first and second phases of the project. He stated that this
project was included in the state's ten-year Project Development Plan; they have
it scheduled for construction in late 1991; and they do not have the funds
identified per se.
City Manager Garza stated that he will ask Mr. Nino Gutierrez from the
state to make a presentation to the Council at a future Council Meeting.
Council Member Rhodes stated that this item is a resolution and would have
to be taken off because it is not three readings. She stated that if the
Council votes on this item today, they will be locking themselves in before
prioritizing the bond money, noting that the City has very pressing
infrastructure needs.
City Manager Garza noted that as part of developing the bond program, staff
did allocate many priorities to money that the City could use to match with
either federal funds or state funds. He indicated that it is a ten-year plan
Minutes
Regular Council Meeting
March 21, 1989
Page 6
and he would hate to be tentative in working with the state and take the chance
of losing out on state money.
* Council Member Schwing arrived at 8:20 a.m.
Mrs. Rhodes stated that there are several other things that are being
recommended that also have matching monies. She stated that she favors things
that bring in matching money, but not if the City has to delete something which
is more critical. She stated that the Council needs to prioritize what they are
going to do and not lock themselves in until seeing the whole picture.
Assistant City Manager Jesus Garza pointed out that the majority of that
$1.5 million is utility money and will be Capital Improvement Project money.
Discussion followed and Mayor Turner inquired if it would be possible in
this budget period to initiate a trust fund to be used for the acquisition of
right of way because the City needs to develop a source of funds that keeps
replenishing itself.
Council Member Pruet indicated that the project is slated for 1991 or
later; this is an action that the state has requested the City to make; the City
Manager is recommending it; it is a future commitment for a very badly needed
project years in the future. He stated that the staff and the City Manager have
done a good job in stretching the available bond fund in cooperation with the
state, and he would hate to see the City not take action on this item. Mr.
Pruet pointed out that this action is a result of a request from the City to the
Highway Department.
In answer to a question from Council Member Rhodes about the time frame,
Mr. Crull indicated that the state did not set a time frame and they would like
an answer from the City as soon as possible. Mr. Crull indicated that it could
be delayed.
Mrs. Rhodes concurred with Council Member Pruet but reiterated that the
Council should look at the whole picture and decide what the priorities are,
noting that the Council is promising everyone that bond money. Mrs. Rhodes
suggested that the workshop be scheduled and then this item could be voted on.
A discussion followed relative to the workshop and City Manager Garza
indicated that staff has been working on the Capital Improvements Program; it
has to go through the Planning Commission; and it will be brought before the
Council in late May or June. Mr. Garza stated that the charter deadline for
submitting the budget to the Council is June 1st.
Assistant City Manager Jesus Garza noted that staff will be ready to
present the wastewater workshop next week.
Council Member Guerrero expressed concern. He stated that the City is in a
growth mode and has a good working relationship with the state.
Minutes
Regular Council Meeting
March 21, 1989
Page 7
* Council Member Strong arrived at the meeting at 8:30 a.m.
Council Member Berlanga indicated that this a long-range plan and the State
Department has always responded to the City's requests.
Relative to Item No. 7 on the Funding for the National Seashore, Council
Member Pruet commented that there have been discussions relative to an RV Park
facility at the national seashore. He inquired about the long awaited RFP on RV
Parks in Corpus Christi, and City Manager Garza responded by stating that staff
gave the Council a copy of the RFP on Corpus Christi Beach last week. He stated
that he has instructed his staff to release the RFP, but to first have a
pre -proposal conference with interested parties. Mr. Garza indicated that staff
is working on some other projects in the Northwest area of the City which have
good potential. Relative to the national seashore, Mr. Garza stated that he
will meet with the Parks Director of the national seashore and will discuss the
subject of an RV Park facility.
Mayor Turner noted that the national seashore has been very supportive of
this community and has suffered because of the lack of operating funds. She
suggested that a personal letter be written by her office to the Director of the
National Park Service and the Secretary of the Interior with copies to Senator
Graham and the City's congressman inviting them to visit the area so that they
could be made aware of the situation.
Relative to Item No. 8 on the Resolution in support of legislation relating
to the purposes for which revenue from a municipal hotel tax may be used,
Council Member Rhodes inquired if anything that is currently permitted in the
current legislation is being suggested to be eliminated by this piece of
legislation, and City Manager Garza replied that nothing currently permitted is
being eliminated.
Mayor Turner inquired if any specific City projects were in mind when this
bill was prepared, and Mr. Garza stated not at this time, noting that it will
give the City more flexibility.
Relative to Item No. 11 on the General Election which was already voted on,
Council Member Slavik posed a question relative to candidate's relatives serving
as election judges, and City Secretary Chapa stated that relatives of candidates
may not serve; he did change one of the alternate judges; and he did amend the
ordinance. As far as the degree of kinship, Mr. Chapa stated it is in the
election law and he will provide Mrs. Slavik with the answer.
Relative to Item No. 5 on the Park Road 22 and 53 interchange, Council
Member Rhodes made a motion to table this item until after the workshop is held.
The motion was seconded by Council Member Slavik and failed to pass by the
following vote: Rhodes and Slavik voting, "Aye"; Turner, Schwing, Berlanga,
Guerrero, Moss, Pruet, and Strong voting, "No."
Minutes
Regular Council Meeting
March 21, 1989
Page 8
City Manager Garza indicated that he will schedule Mr. Nino Gutierrez at
some future time to make a formal presentation to the Council.
City Secretary Chapa polled the Council for their votes and the following
were passed:
3. Tabled
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4. M89-0079
Motion considering the request to cancel approval granted by Motion No.
M89-0047 on February 21, 1989, for alcoholic beverage possession in Cole
Park during Caller -Times U. S. Open Pro Am Sailboard Regatta.
The foregoing motion passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
5. RESOLUTION NO. 20629
SUPPORTING THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION'S
PLANNED IMPROVEMENTS TO THE PARK ROAD 22 AND 53 INTERSECTION AND COMMITTING
TO PROVIDE ADDITIONAL REQUIRED RIGHT-OF-WAY AND RELOCATION OF UTILITIES.
The foregoing Resolution passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet and Strong voting, "Aye"; Rhodes and Slavik
voting, "No."
7. RESOLUTION NO. 20631
REQUESTING ADDITIONAL FUNDING FOR THE PADRE ISLAND NATIONAL SEASHORE
The foregoing Resolution passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
8. RESOLUTION NO. 20632
IN SUPPORT OF HOUSE BILL 2883 RELATING TO PURPOSES FOR WHICH REVENUE FROM A
MUNICIPAL HOTEL TAX MAY BE USED.
The foregoing Resolution passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
* * * * * * * * * * * * * * *
Mayor Turner called for consideration of Items 13 and 14.
Minutes
Regular Council Meeting
March 21, 1989
Page 9
Relative to Item No. 13 on the Library Foundation, City Manager Garza
indicated that Item No. 13 is a good solid proposal, noting that staff has been
working with the Library Advisory Committee for quite some time.
Mr. Herb Canales, Library Director, stated that the money will be used to
establish an endowment which can be used for books and other things in the
future.
Relative to Item No. 14 on Approving Contracts for Automotive Tires and
Tubes, City Secretary Chapa stated that identical bids for passenger tires were
received and state law requires the casting of lots to determine the primary
source supplier. Lots were cast and the General Tire Service won the bid. Mr.
Chapa explained that General Tire Service would be the primary supplier and the
motion would be amended to reflect that.
City Secretary Chapa polled the Council for their votes and the following
were passed:
13. M89-0080
Motion approving transfer of unobligated funds, currently totalling
$100,000, from the library trust account to the Corpus Christi Public
Library Foundation. As obligations are completed, any remaining surplus
funds would also be transferred, and the library trust account would be
closed out. The Foundation has been established to continue raising
private funds for the City libraries.
The foregoing motion passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
14. M89-0081
Motion approving supply agreements for tires and tubes with Loa's Tire and
Auto Supply and General Tire Service based on multiple progressive awards,
for the total estimated annual expenditure of $235,000. Terms of the
contract will be twelve months with option to extend for up to an
additional twelve months subject to the approval of the seller and the City
Manager or his designee. The contracts will be administered by Maintenance
Services and costs will be charged to the appropriate vehicles. Identical
bids for passenger tires require the casting of lots to determine the
primary source supplier. As a result of the casting of lots, General Tire
Service was designated as the primary source supplier.
The foregoing motion, as amended, passed by the following vote: Turner,
Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting,
"Aye."
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
March 21, 1989
Page 10
Mayor Turner called for consideration of Item No. 15 relative to the code
of ethics ordinance.
Council Member Strong stated that she has submitted to the Council, City
Manager and City Attorney a proposed amendment to the amendment which she read
in the form of a motion.
In order to provide a more effective, stronger ethics ordinance for Corpus
Christi, the proposed ethics ordinance is amended prior to second reading to
substitute new provisions as follows:
Section 1. The existing ethics provisions in the City Code identified as
Sections 2-311 through 2-322, inclusive, should be left unmodified pending
completion of review by the new Ethics Commission in order to provide a proper
forum for public discussion and input into what rules of conduct and procedures
will be best for Corpus Christi. As a result, the revisions contained in
Division 1 of the proposed ordinance are deleted.
Section 2. The provisions contained in Division 2 of the proposed
ordinance are deleted and a new Ethics Commission is established as follows:
(a) An Ethics Commission is created as a special committee to study the
ethics ordinance. The commission shall consist of nine members.
(b) Members may be nominated for the Ethics Commission by professional and
community organizations in the City, and interested individuals may
also submit their names for consideration. The City Council shall
appoint the members of the ethics commission by a two-thirds vote.
Note: two-thirds was replaced by a six + one vote suggested by Council
Member Guerrero.
(c) Commission members shall be appointed for a three-month term.
(d) The commission shall elect a chairperson and a vice -chairperson from
its membership. The vice -chairperson shall act as chairperson in the
absence of the chairperson or in the event of a vacancy in that
position. A majority of the commission shall constitute a quorum.
(e) The commission shall have such meetings as may be necessary to fulfill
its responsibilities. The chairperson or any three members may call a
meeting provided that reasonable notice is given to each member. The
commission shall comply with the Texas Open Meetings Act.
(f) The Ethics Commission shall review the code of ethics, conduct public
hearings, and make recommendations to the City Council as to changes in the code
of ethics.
Section 3. The provisions contained in Division 3 of the proposed
ordinance are revised to hereafter read as follows:
Minutes
Regular Council Meeting
March 21, 1989
Page 11
Division 2. FINANCIAL DISCLOSURE
Sec. 2-351. Definitions.
(a) "Person" means an individual, proprietorship, firm, partnership,
joint venture, syndicate, trust, company, corporation, association,
committee, estate, receiver, entity, or any other organization or
group of persons acting in concert, whether profit or nonprofit.
(b) "Reporting official" means City Council Members, municipal court
judges (including substitute judges), City Manager, Assistant City
Managers, City Secretary, City Attorney, department heads, and all
members of the Planning Commission, the Civil Service Board, and the
Civil Service Commission.
Sec. 2-352. Required Reports.
On or before the last Friday of April of each year, reporting officials
shall file with the City Secretary an Annual Report of Financial Information
covering January 1 through December 31 of the previous year. Members of the
City Council and the Planning Commission shall also file with the City Secretary
a supplemental report of financial information by the last Friday of July
covering the most recent January 1 through June 30.
Sec. 2-353. Content of Reports.
The reports required by Sec. 2-352 shall contain the following information
for the reporting period by separate listing. In this section, the report for
the "reporting official" shall include all such information for the reporting
official's spouse, but information relating to the spouse need not be segregated
from that relating to the reporting official.
(a) The names and addresses of all sources of income which exceed 10
percent of the reporting official's gross income, or $5,000 in salary,
bonuses, commissions or professional fees, or $20,000 in payment for
goods, products or non-professional services.
(b) The name and address of any corporation, partnership or other business
organization in which the reporting official held, owned, acquired or
sold stock or other equity ownership having a value exceeding $5,000
or equivalent to 10 percent or more of the stock or equity in the
entity.
(c) An itemized list of all realproperty in Nueces County or any
adjoining county in which the reporting official held any legal or
equitable ownership with a fair market value of $2,500 or more. The
list shall include a description sufficient to locate the property and
shall include all such property held by a business entity which the
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Minutes
Regular Council Meeting
March 21, 1989
Page 12
reporting official is required to disclose under subparagraph (b)
above.
(d) The name and address of any person to whom the reporting official was
indebted in excess of $10,000. "Indebted" includes obligations on
which the reporting official is a guarantor or co-signer, in which
case the names of the borrower and lender shall be listed.
(e) The name and address of any person who is the obligor on any note,
bond, loan or any other similar obligation, written or unwritten, owed to the
reporting official which equals $10,000 or more.
(f) All boards of directors or governing bodies of which the reporting
official is a member, and all offices or executive positions the
reporting official holds in corporations, partnerships, limited
partnerships, professional corporations, associations, or other
entities, including non -business and non-profit entities, stating the
name of each entity and position held, and excluding entities owned or
created by the City.
Note: the following was added as an amendment during the meeting:
(g) The name and address of any person from whom the reporting official
received gifts or favors, including but not limited to trips,
excursions, food, lodging, money or commodities, cumulatively
exceeding $200 in value. The nature and date of each gift received
shall be specified. Provided, however, campaign contributions
reported as required by state law and gifts or favors from relatives
need not be reported hereunder.
Sec. 2-354. Reports to be Sworn and Maintained.
All reports of financial information required by this division shall be
sworn and shall be preserved for five years as public records.
Sec. 2-356. Filing Dates for Reports.
Reports required by this division must be physically filed with the City
Secretary by 4:45 p.m. on the day required for filing. When the day falls on an
official City holiday as established by the City Council, the deadline for
receipt by the City Secretary is extended to 4:45 p.m. of the next day which is
not a Saturday or Sunday or official City holiday.
Sec. 2-357. Voluntary Reports.
Any City official, employee or board member may file reports exceeding the
requirements of this division, and said reports shall be preserved in the same
manner as required reports.
Minutes
Regular Council Meeting
March 21, 1989
Page 13
Mrs. Strong stated that the only item that she did not include in the
Financial Disclosure section is an item which refers to gifts. She stated that
she is open for suggestions stating that there was a suggestion that the City
follow the state code. Mrs. Strong's motion was seconded by Council Member
Pruet.
Council Member Rhodes inferred that Mrs. Strong's motion was written by
John Bell, indicating that it is interesting to note that relative to all the
criticism she received about not getting enough input, Mrs. Strong is proposing
that this be turned over to an even smaller group. Mrs. Rhodes stated that she
was criticized for not having the code of ethics brought to the Council earlier,
yet this proposal was just introduced two minutes before the Council was
supposed to take a vote on it. She stated that it is completely gutted; it is
useless; and taking out the provision to report the gifts and favors that the
Council Members receive is the most important clause in the ethics ordinance.
Mrs. Rhodes continued by stating that she has no problem with the Ethics
Commission because she has faith in any twelve people. She stated that the
financial disclosure is the key to any kind of good ethics in the City and this
amendment has left out everything that would give the public the access to the
information which shows conflict of interest.
Council Member Strong stated that she did not leave it out but is leaving
it for the Council to decide, the wording of which will be decided today.
Council Member Guerrero implied that the proposal is a joke, stating that
the very essence of an ethics code has been totally demolished by this proposed
amendment. He stated that to delete the favors and gain which are achieved by
being a Council Person is the very essence of the ethics code and why it is
needed. Mr. Guerrero stated that the amendment is too ambiguous and suggested
that the Council vote on the proposed code of ethics as it is.
Council Member Pruet expressed some concern about the amendment, stating
that the three-month term or period for the Ethics Commission to delve into the
standards of conduct of all of the aspects of the provisions of the code of
ethics is too short. He suggested that a six-month term would be more
realistic. Mr. Pruet referred to Section 2-353 (a) - Content of Reports and
suggested that this section needs to be amended by deleting some language.
Council Member Slavik expressed concern about just receiving the proposal.
She stated that material should be presented to the Council at least three days
before the meeting. Mrs. Slavik expressed concern about the elimination of the
section pertaining to gifts and commented on the six-month term for commission
members, stating that the term should be for three months.
Mrs. Strong stated that she will accept a friendly amendment and add the
section pertaining to gifts as presented in the original report and identify it
as Sec. 2-353 - (g).
Minutes
Regular Council Meeting
March 21, 1989
Page 14
Council Member Guerrero suggested that if the Council is sincere about a
good code of ethics, they should pass the ordinance on the second reading as it
is and review the proposal submitted by Mrs. Strong.
Council Member Slavik inquired if the Council could refine the code of
ethics after it was voted on by the Council, and City Manager Garza indicated
that both the original proposal and the amendment could always be amended.
stating that the Council will not be binding a future Council. He suggested
that the Council make certain that the code of ethics is correctly in place
before final action is taken.
After some discussion, Council Member Rhodes stated that it is extremely
unfair to have this amendment introduced when no one has read it. She stated
that the Council should never pass anything if they have not had the opportunity
to read it. She suggested that the Council have a week to study it.
Council Member Guerrero called for the question on the amendment submitted
by Mrs. Strong. Mr. Guerrero suggested that under Section 2 - (b) that the City
Council shall appoint the members of the Ethics Commission by a 6 plus 1 vote.
Council Member Strong concurred with the suggested change.
Council Member Rhodes asked for a legal explanation relative to Sec. 2-352
(a) and Assistant City Attorney Jimmy Bray stated that if the sentence is cut
off after "professional fees" that it would be a situation where all sources of
income exceeding ten percent have to be reported unless you are dealing with
salary, bonuses, commissions or professional fees. He stated that it still does
not identify sources of income; it would probably be the same as when the sole
proprietor did end up having to report customers as being sources of income.
Council Member Rhodes stated that she does not see why people are objecting
to reporting what property they own. She stated that most financial disclosures
from most cities require that you list your property. She stated that she does
not see what the problem is. Mrs. Rhodes made a motion that all real property
be listed under Content of Reports. The motion was seconded by Council Member
Guerrero. The motion failed to pass by the following vote: Guerrero and Rhodes
voting, "Aye"; Turner, Schwing, Berlanga, Moss, Pruet, Slavik and Strong voting,
"No."
Discussion followed and Council Member Berlanga indicated that the
financial disclosure portion is the vital ingredient which needs to be clarified
and changed but everything else is passable. Mr. Berlanga inquired about the
hurry to pass this before the election and stated that he would like to keep
working under the present code of ethics and appoint a commission to receive
input from all over the City.
Council Member Pruet referred to Sec. 2-353 (a) and stated that
partnerships and corporations would not have a problem if the sentence was ended
after the word "fees," and Assistant City Attorney Jimmy Bray stated that the
reason is in the sole proprietorship format the customers are the direct sources
Minutes
Regular Council Meeting
March 21, 1989
Page 15
of income. He stated that if you operate as a corporation or partnership, your
direct source of income is that entity; therefore, the customers are a step
removed and do not have to be reported as the proposed ordinance is worded
now.
Council Member Pruet asked that in order to bring the sole proprietorships
to an equitable position with corporations or partnerships what wording of an
exception could be made for sole proprietorship, and Mr. Bray responded by
stating provided, however, the person operating in a sole proprietorship shall
not have to provide customer lists to the extent a corporation would not. Mr.
Bray stated that he would like time to be able to draft the correct language
relative to this section.
Council Member Strong suggested passing it as it is and before the third
reading have legal clarification for treating all three business entities the
same before the third reading.
Council Member Guerrero called for the question on the amendment. The
motion by Mrs. Strong, as amended, passed by the following vote: Turner,
Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting,
"Aye."
City Secretary Chapa polled the Council for their votes and the following
Ordinance, as amended, was passed on second reading:
15. SECOND READING
AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, ARTICLE V, TO ESTABLISH
RULES OF CONDUCT FOR CITY OFFICIALS, EMPLOYEES, AND BOARD MEMBERS, AN
ETHICS REVIEW PANEL, FINANCIAL DISCLOSURE, AND FINES AND PENALTIES FOR
VIOLATIONS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance, as amended, passed on second reading by the
following vote: Turner, Schwing, Berlanga, Moss, Pruet, Rhodes, Slavik and
Strong voting, "Aye"; Guerrero voting, "No."
City Manager Garza asked for clarification from the Council, and Mayor
Turner stated that the Council would like the sole proprietorships treated the
same way as the corporations.
Mayor Pro Tem Schwing stated that all that is needed is to make
requirements for filing for City Council. He stated that if everyone is to be
treated equal, he would suggest that the person file as a corporation or
partnership.
Council Member Rhodes indicated that can be done two ways, by weakening the
code so that no one has to report anything, or going around the loophole so
everyone has to have full disclosures.
Council Member Pruet expressed the opinion that the proposed code of ethics
significantly changes the qualifications to serve on the City Council. He asked
1
Minutes
Regular Council Meeting
March 21, 1989
Page 16
for a legal opinion before the third reading as to whether that should be
incorporated in the Charter.
* * * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. John Bell, 434 Sharon Drive, apologized for the concern relative to the
element of surprise pertaining to the code of ethics amendment. He stated that
the basic motion made by Mrs. Strong was given to each one of the Council
Members a week ago and it is simply a shorter version of the recommendation from
the seven -page document from the Chamber of Commerce.
Mr. Philip Rosenstein, 949 Bobalo, stated that he disagreed with the
present code of ethics and expressed the opinion that it is not strong enough.
Mr. Rosenstein commented on an issue relative to Mayor Turner and Brush Country
Services which is a state -funded, non-profit organization that serves the
handicapped and from which she has received remunerations.
Mr. Raymond Wimberly, General Manager of a Pipe and Supply Company,
presented material to the Council and suggested that Chapter 4, Alcoholic
Beverages, of the Code of Ordinances of the City of Corpus Christi be amended.
He suggested that a user fee be placed on the distributorships of alcoholic
beverages and he offered various suggestions for the use of the user fee
collections.
Council Member Slavik requested that staff check into the first paragraph
in Chapter 4, Alcoholic Beverages and provide her with a legal opinion.
Council Member Rhodes pointed out that the legal staff would have to advise
the Council relative to this issue stating that everything Mr. Wimberly stated
is correct.
Pastor J. J. Fox, owner of J. J. Fox Construction Company, concurred with
Mr. Wimberly stating that all problems he has been subjected to are all alcohol
related. He asked the Council to review the material presented by Mr. Wimberly.
Mr. Fox referred to Item 7 on the agenda relative to the national seashore and
inquired about the cost of the facility, and Council Member Strong responded by
stating that the facility at the national seashore is completely funded by the
federal government.
Mr. Roy Hernandez, representing the Hispanic Chamber of Commerce, presented
various recommendations to the Council relative to the code of ethics and had
some questions about the financial disclosure portion as it relates to real
estate.
Mayor Turner suggested that Mr. Hernandez submit a name from the Hispanic
Chamber of Commerce to serve on the Ethics Review Panel.
Minutes
Regular Council Meeting
March 21, 1989
Page 17
Council Member Slavik expressed concern about the equal treatment of all
business entities relative to the code of ethics.
Council Member Rhodes stated that there are two ways to treat everyone
equally, by making sure that no one has to do anything, or that everybody has to
declare the same way. She stated that she would like to see two alternatives
offered before the third reading of the code of ethics.
Mr. Steve Morales presented material to the Council and read from a
prepared statement concerning the rehabilitation of the downtown business
district.
Mr. Raymond Hasker, 1813 Wallace, stated that the code of ethics needs to
have a stronger financial disclosure and he offered various suggestions.
Mr. Bob Reyna, 1821 Roslyn, asked a legal question concerning the
candidate's campaign signs versus the incumbent's campaign signs relative to the
election, and City Attorney Hal George noted that the ordinance applies equally
to everyone; he would have to see the physical locations of the signs; and if
the signs are in violation, they will have to be removed.
There being no further business to come before the Council, Mayor Turner
declared the Council Meeting adjourned at 10:20 a.m. on March 21, 1989.
* * * * * * * * * * * * *
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 March
21, 1989 which were approved by the City Council on March 28, 1989.
WITNESSETH MY HAND AND SEAL, this the
19 4ry .
f„,
Betty Turner, MAYOR
`3"
day of
Armando Chapa, City Secreary
City of Corpus Christi