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HomeMy WebLinkAboutMinutes City Council - 11/11/1970MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING November 11, 1970 2:00 P. M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lotano, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore City Manager R. Marvin Townsend City Attorney Jim Riggs City Secretary T. Ray Kring • Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by The Reverend F. A. Walton, Pastor of Bethel Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of October 28, 1970, were approved as submitted to the Council. Mayor Blackmon announced the issuance of proclamations relative to the following: TEENS AID THE RETARDED WEEK, November 15-21, 1970; VETERANS DAY, November 11, 1970; ARTS FAIR DAYS, November 13-15, 1970; and CAMP FIRE GIRLS CANDY SALE DAYS, November 13, to December 9, 1970. Mayor Blackmon welcomed and presented Certificates of Attendance to members of the Student Council of W. B. Ray High School as follows: Karen Fly, Miles Cooper, Shelia Reichle, and Debbie Nolte. Dr. T. M. Bailey appeared and presented citations and plaques to the Mayor and City Council, and to City Manager Marvin Townsend, on behalf of Six Points Kiwanis Club, congratulating them for their "remarkable leadership follow- ing the devastation of Hurricane Celia and dedication displayed to the community at a time of extreme crisis; for their devotion to our City and for their leader- ship at a time of chaos and confusion..." Other Kiwanians present were: Al Hurwitz, Elliott Grant, Ed Falks, Dr. Myron Kurzner, and Roger Pearce. Mayor Blackmon accepted the citation on behalf of the Council, and Mr. Townsend commented that many City employees deserved much credit. Mr. Hector De Pena and Celso C. Rodriguez, representing LULAC Council No. 1, appeared and stated that LULACs at their meeting of November 5, 1970, had endorsed, in substance, the recommendations of the Nueces County Grand Jury, relative to the death of Mario Benavides killed by City Policeman R. P. Spencer, • Minutes Regular Council Meeting November 11, 1970 Page 2 October 11, 1970, and that in addition to these recommendations, presented the following additional recommendations: That the City adopt an ordinance whereby a police officer involved in a homicide or is charged with brutality, supported by sufficient evidence, be suspended pending an immediate investigation by an outside agency; that a permanent crime commission be established; that a Mexican - American be appointed as Assistant Chief of Police to serve as a liaison between the Police Department and the Mexican -American community; and that Mexican -Americans be elevated to supervisory positions within the Police Department. (Council Exihbit #19-70) Mayor Blackmon stated that he had just received the Grand Jury recommendations and had not had an opportunity to review the total report, but stated that City Manager Townsend had been instructed to bring forth a report and any accompanying recommendations for the Council's review. Mr. Townsend explained procedures for promotions which he stated are sub- ject to rules and regulations of State Laws, and that these laws present some problems relative to some of the recommendations submitted by Mr. De Pena. Relative to the item appearing on the agenda regarding the question of whether or not a public necessity exists for the calling of an urban renewal elec- tion, which public hearing was recessed November 4, 1970, Mayor Blackmon called for a motion to further recess the hearing. Motion by Roberts, seconded by Bradley and passed, that the recessed public hearing on the question of calling an election on the urban renewal concept, be further recessed. Mayor Blackmon explained that the hearing will be subsequently recessed each week until after the December 5, election, and directed that Mr. Chuck Stone & Mr: Larry French, opponents desiring to be present, be notified as to such time as the Council takes official action. Motion by Lozano, seconded by Bradley and passed, that consideration of the question of annexation of portions of Mustang Island, Corpus Christi Bay, Nueces River, and Laguna Madre, be delayed for one week to be considered at the November 18th Regular Meeting. Mrs. W. A. Crozier, 529 Ronson, appeared representing a group of H. E. Butt Tennis Center players, and requested that the Council take steps to solve • Minutes Regular Council Meeting November 11, 1970 Page 3 the problem of the continued use of the H. E. Butt Recreation Center by construc- tion workers, stating that it has become a "tent city". She stated that other facilities have been made available at reasonable rates, and the park is no longer a necessary aid to the rebuilding of the City; also, stated that the questionable behavior of loiterers and non -workers now observed at the Center,it is no longer safe to leave children alone in the park. (Council Exhibit #20-70) City Manager Townsend explained that approximately 60 camp sites still exist at the Center, and that most of them are occupied by persons working in the hurricane reconstruction effort, but that the Park Division has been directed to clean up the area and attempt to get the campers into more permanent facilities. Bids were opened for the repairs to La Retama Library, consisting of roof, ceiling, flooring and other miscellaneous work, from the following firms: B. E. Beecroft Company, and Bartex, Inc. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter, and referred to the City Manager for tabulation and recommenda- tion. Mayor Blackmon called for the City Manager's Reports. Motion by Roberts, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "i" be accepted, and that the requests and recommendations be granted and approved as follows: a. That the authority to advertise for bids to be received on November 25, 1970, for Visual Landing Aids to be installed at the International Airport, the request being for equipment only and not including installation, electric cables, or engineering, be granted; (In addition to this purchase, a change order to the SE -NW Runway improvement contract with B & E Construction Company will be necessary for the installations) b. That the authority to advertise for bids to be received on December 1, 1970, for the additional Asphalt/Concrete Saw complete with 20 abrasive: blades for traffic signals installations provided in the 1970-71 budget, be granted; c. That the authority to advertise for bids to be received on December 1, 1970, for a budgeted additional Digital Frequency Counter and Deviation Meter for the Radio Shop to assure accurate freqyency transmission, be granted; Minutes Regular Council Meeting November 11, 1970 Page 4 d. That an assignment agreement between Corpus Christi Bank and Trust Company, Trustee, and Coastal Bend Rent-A-Car (Avis) for an automotive service facility at International Airport, be approved; (The site is located two lots immediately west of National's service facility; the rent is based on $.03 per square foot per year for the fully usuable lot which is the same basis as National's lease, and $225 per year for the adjacent lot which is over a water transmission main; and the lease to expire November 7, 1977, the same date as expiration of National's lease) e. That the authority to advertise for bids to be received on November 27, 1970, at 11:00 a.m., for the estimated annual requirement of Laminated Wood Stan- dards for gas lights, consisting of 240 standards 7' 9" long and 140 standards 13' 9" long, be granted; f. That a contract be awarded to Slovak Brothers for the low bid of $9,376 for the sewage lift station to serve the Industrial Foundation property on Padre Island Drive, and an appropriation in the amount of $19,800 for the lift station, 1300 feet of 6 -inch force main to be installed by City Forces ($7,800) and related costs, be approved; g. That appraisers be employed for right-of-way valuation for South Staples Improvements from Padre Island Drive to Saratoga, including 17 parcels by Mr. Paul Koepke for $3,150 and 24 parcels by Mr. John Erickson for $4,125, and that an appropriation in the amount of $7,275 for these services, be approved; h. That a contract be awarded to Zip Tube of San Antonio for $7,449 for a pneumatic tube message center for the Police Building, based an the low bid of four bids for a 4 -station system using an available blower; i. That a contract between the Coastal Bend Economic Development District and the City for Public Service Careers for Public Employees, be authorized; (EDA has received a Federal Grant of $105,000 for the area; the City's responsibility will be to participate in training and upgrading of various employees' positions through the City; and the program will be primarily for upgrading lower -paid employees and permanent employment for disadvantaged persons). Mayor Blackmon presented the pending item of the appeal of Mr. Victor Lopez from the decision of the Civil Service Board, on which a public hearing was held October 21, 1970. Minutes Regular Council Meeting November 11, 1970 Page 5 • Commissioner de Ases noted that neither Mr. Lopez nor his attorney, Mr. David L. Perry, were in the audience, and questioned as to whether or not they had been notified. City Attorney Jim Riggs stated that he had contacted Mr. Perry's office and left word that the. Council would be deliberating on the foregoing matter during the workshop meeting this morning, but stated that he did not specifically state that the Council would take official action at this time. Commissioner de Ases suggested that it be ascertained whether or not Mr. Lopez or his attorney desired to be present, and if so, that the meeting be delayed pending their arrival, to which the Council agreed. During the interim, the following ordinances were considered and approved: SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE TEJAS BOWMAN ARCHERY ASSOCIATION LEASING TO SAID TEJAS BOWMAN ARCHERY ACCOCIATION A 36 -ACRE TRACT OF LAND, DESCRIBED AS TRACT "A", NUECES VIEW TRACTS AS SHOWN IN VOLUME 28, PAGE 64, NUECES COUNTY, TEXAS, MAP RECORDS, FOR THE PURPOSE OF PRO- VIDING AN ARCHERY RANGE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third read- ing by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye." ORDINANCE NO. 9985 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $7,275 FOR APPRAISAL SERVICES BY PAUL J. KOEPKE AND JOHN A. ERICKSON, CONCERNING 41 PARCELS OF LAND NEEDED FOR SOUTH STAPLES STREET IMPROVEMENTS BETWEEN PADRE ISLAND DRIVE AND SARA - TOGA, PROJECT NO. 220-70-107; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye." ORDINANCE NO. 9986 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ZIP TUBE OF SAN ANTONIO FOR THE INSTALLATION OF A PNEUMATIC TUBE SYSTEM FOR THE POLICE BUILD- ING; APPROPRIATING AND REAPPROPRIATING $7449 FOR THE AFORESAID INSTALLATION, PRO- JECT NO. 207-64-11, OF WHICH SUM $211.29 IS OUT OF THE NO. 207 PUBLIC BUILDING BOND FUND AND $7,237.71 PROVIDED IN THE 1970-71 BUDGET FOR ACTIVITY 3327, CODE 502; DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye." Minutes Regular Council Meeting November 11, 1970 Page 6 alk ORDINANCE NO. 9987 REDECLARING, UNDER ART. 5890e, V.A.C.S., TEXAS AND ARTICLE 1175, V.A.C.S., TEXAS AND FOR IMPLEMENTATION OF THE CITY -HUD CONTRACT OF AUGUST 12, 1970, UNDER AUTHORITY OF PUBLIC LAW 79 AND PUBLIC LAW 875, U.S. CONGRESS, AS AMENDED, AND THE DISASTER RELIEF ACT OF 1969, THE STATE OF CIVIL EMERGENCY CONTINUING IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE CELIA AND AUTHORIZING THE ESTABLISHMENT BY THE CITY OF MOBILE HOME PARK ACCOMMODATIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING SEVERABILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye." ORDINANCE NO. 9988 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF R. J. CHAPMAN, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 2, BLOCK 43, DEL MAR ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL PROVISIONS OF EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye," McDaniel abstained. ORDINANCE NO. 9989 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPOM APPLICATION OF H. NOLAN CULP AND OTHERS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACTS "L" AND "M", LOT 28, BASS SUBDIVISION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye," McDaniel abstained. ORDINANCE NO. 9990 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION BY SAM FERRIS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 24A, BLOCK 3, CABANISS ACRES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting November 11, 1970 Page 7 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye," McDaniel abstained. ORDINANCE NO. 9991 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF OWEN F. HOLMAN BY AMENDING THE ZONING MAP BY CHANGING LOTS 4, 5, AND 6, BLOCK 9 OF MORRIS & MITCHELLS EXTENSION OF SOUTH END ADDITION, AND LOTS 4 AND 5, BLOCK 4, EXTENSION OF SOUTH END ADDITION, LOCATED IN THE 700 BLOCK OF BROWNLEE BOULEVARD, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye," McDaniel abstained. ORDINANCE NO. 9992 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF WILLIAM J. LUCAS, JR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE SOUTHERLY MOST POR- TION OF LOT 1-R, BLOCK 1, FLOUR BLUFF GARDENS UNIT 2, LOCATED IN THE 1800 BLOCK OF WALDRON ROAD, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM RURAL DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT, AND CHANGING THE ZONING ON THE NORTHERLY MOST PORTION OF LOT 1-R, BLOCK 1, FLOUR BLUFF GARDENS UNIT 2, FROM "F -R" FARM RURAL DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts andSizemore, present and voting "Aye," McDaniel abstained. ORDINANCE NO. 9993 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SLOVAK BROTHERS FOR THE CONSTRUCTION OF THE AIRPORT INDUSTRIAL PARK LIFT STATION; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $19,800 OF WHICH $9,376 IS FOR THE CONSTRUCTION CONTRACT, $7,800 IS FOR CITY FORCE CONSTRUCTION OF 1300 FEET OF 6" FORCE MAIN, AND $2,624 IS FOR CONTINGENCIES, ALL APPLICABLE TO PROJECT NO. 250-70-85; AUTHORIZING REIMBURSEMENT OF 109 SEWER BOND FUND FOR ALL AMOUNTS ADVANCED FOR LABOR, MATERIALS AND RELATED COSTS NOT HERETOFORE REIMBURSED; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye." Minutes Regular Council Meeting November 11, 1970 Page 8 ORDINANCE NO. 9994 • BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELECTION ON THE QUESTION OF THE ISSUANCE OF IMPROVEMENT BONDS. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye." ORDINANCE 140. 9995 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MRS. RAY YOUNG, BY GRANTING A SPECIAL PERMIT ON LOT 4, BLOCK 3, CARROLL LANE PARK #1, LOCATED AT 3613 MULBERRY STREET, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR AN OWNER -OPERATED BEAUTY SHOP FOR A TIME PERIOD OF TWO YEARS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases and Roberts, present and voting "Aye," McDaniel and Sizemore voted "Nay." ORDINANCE N0. 9996 CLOSING A PORTION OF NAVIGATION BOULEVARD, FROM BEAR LANE TO STATE HIGHWAY 44, AS MORE FULLY SET FORTH HEREINAFTER, BEING SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; RESERVING THE NECESSARY EASEMENTS FOR EXISTING UTILITIES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye." ORDNANCE N0. 9997 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT AND APPROVE AN ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND COASTAL BEND RENT -A -CAR (AVIS), COVERING A COMMERCIAL BUILDING SITE FOR USE AS AUTOMOTIVE SERVICE FACILITY AND OTHER RELATED ACTIVITIES, WHICH PLOT IS IDENTIFIED AS LOTS 4 AND 5 IN N.W. COMMERCIAL SITE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, SAID SITE BEING MORE PARTICULARLY DESCRIBED HEREINAFTER IN THE ASSIGNMENT AGREEMENT, A COPY OF SAID ASSIGNMENT AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye." ORDINANCE NO. 9998 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN APPLICATION AND TO FILE IT IN THE APPROPRIATE STATE OFFICE FOR THE PURPOSE OF OBTAINING CERTAIN FINANCIAL ASSISTANCE UNDER THE FEDERAL DISASTER ACT (PUBLIC LAW 79,91ST CONGRESS AND PUBLIC 875, AS AMENDED); AND DECLARING AN EMERGENCY. J. Minutes Regular Council Meeting November 11, 1970 Page 9 • The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye." It was noted that Mr. David L. Perry was present in the audience. City Manager Townsend reviewed the past proceedings relative to the matter of Mr. Lopez' appeal to the Civil Service Board, and explained that the Board had determined that Mr. Lopez' employment was terminated before his probationary period ended, and con.. eluded that they did not have jurisdiction to rule on the second issue, that of his grievances. Commissioner de Ases stated that he felt the method of termination of this employee left much to be desired, particularly the timing, wording and method of informing him of his termination; that the records reflect a conflict in dates of actions taken by various officials of the City, are vague and unclear as to when the termination actually did become effective, and that he feels the Council must make this determination now, and that the second point of his grievances must be pursued at another time. Mayor Blackmon explained three alternatives before the Council: (1) to deny the appeal which in effect would sustain the action of the Civil Service Board; (2) grant the appeal and take whatever action the majority of the Council desires to take; or (3) sustain the appeal and send the matter back to the Civil Service Board for another hearing. On vote of the Council to affirm the decision of the Civil Service Board, McDaniel, Roberts, Sizemore and Bradley, voted "Aye" and Lozano and de Ases voted "Nay". Mayor Blackmon stated that this action, in effect, denies the appeal. City Manager Townsend explained procedures employed in assignment of bus drivers, and particularly referred to the "bump board" method for promotions and seniority, and in this regard and in the case of Mr. Lopez, the question was raised as to whether or not his prior years of service in the organization was going to count on that "bump board" and he was told it would not apply; that on August 11, employment was offered to Mr. Lopez under certain conditions, and that he did not choose to return to work under those conditions. Mr. Townsend reviewed standard procedures of firing and hiring, pointing out that a person cannot be fired until Minutes Regular Council Meeting November 11, 1970 Page 10 he is hired which is not officially done until after he has completed his six- month probationary period, and that prior to that time he is on a day-to-day basis and considered a temporary employee. On another matter, City Manager Townsend commended the School District Faculty, parents and friends, who assisted at Bucanneer Stadium last Friday Night during the football game, which resulted in decreasing the tension which had been prevalent at prior games. He stated the difference had been tremendous. There being no further business to come before the Council, the meeting was adjourned. 4