CITY
OF LAREDO
CITY COUNCIL MEETING
M2002-R-017
LAREDO, TEXAS
78040
SEPTEMBER 3,
2002
5:30
P.M.
I. CALL TO ORDER
With a
quorum present, Mayor Elizabeth G. Flores called the meeting to order.
II. PLEDGE OF ALLEGIANCE
Mayor Elizabeth G. Flores led
in the Pledge of Allegiance.
III. ROLL CALL
In attendance:
Elizabeth
G. Flores, Mayor
Alfredo
Agredano, Mayor Pro Tempore, District I
Hector J.
Garcia, Council
Member, District II
John
C. Galo, Council
Member, District III
Johnny
Amaya, Council
Member, District IV
Eliseo
Valdez, Jr., Council
Member, District V
Gene
Belmares, Council
Member, District VI
Jose
A. Valdez, Jr., Council Member,
District VII
Juan
Ramirez, Council
Member, District VIII
Gustavo
Guevara, Jr., City
Secretary
Larry
Dovalina, City
Manager
Cynthia
Collazo, Assistant
City Manager
Valeria Acevedo, Assistant
City Attorney
IV.
MINUTES
None.
V. COMMUNICATIONS AND RECOGNITIONS
Announcements
None.
Invitations
None.
Recognitions
a. Recognition
of City of Laredo employees for raising the most funds in the 500+ employees
category for the 2002 Walk America March of Dimes Campaign.
Dan Migura, Director of Administrative
Services, presented the Mayor and Council with a plaque which was received from
the 2002 Walk America March of Dimes Campaign for raising the most funds in the
500+ employees’ category.
Communiqués
Cm. Garcia thanked the City of Laredo Parks and Recreation Department
for assisting with the Back to School Jamaica which served over 200
children.
Cm. Galo assured the public that the City of Laredo has always been
repairing water lines throughout the City.
He noted that the rash of breaks are not due to negligence but are
common maintenance issues.
Cm. Amaya thanked Joe Guerra, Public Works Director, and his staff
for the great job the department has done in his district.
Cm. Belmares publicly acknowledged and thanked Rogelio Rivera, City
of Laredo Engineering staff, Martinez Construction, and Brothers. Paving for their work and completion of the
widening project on McPherson.
Cm. Ramirez thanked staff for installing the sidewalks in the San
Francisco Javier neighborhood. He also
congratulated the Parks and Recreation Department for their participation with the Tecolotes.
VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND
COMMITTEES
a. Appointment by Council Member Johnny Amaya
of Jose R. Ortiz to the Parks and Recreation Advisory Committee.
Motion to approve.
Moved: Cm.
Galo
Second: Cm.
J. Valdez
For: 7 Against: 0 Abstain: 0
Mayor Pro Tempore Agredano
not present.
VII. PUBLIC
HEARINGS
1. Public hearing and
introductory ordinance amending Section 24.63.2, Permitted
Land Uses of the Laredo
Land Development Code to designate Children’s Amusement Services (Outdoors) as
an allowable land use in a B-3
(Community Business District), B-4 (Highway Commercial District), M-1 (Light
Manufacturing District), M-2 (Heavy Manufacturing District), and MXD (Mixed Use
Development District); and Appendix A, Definitions; and providing for
publication and effective date. The
Planning and Zoning Commission has recommended approval of this ordinance
amendment.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce, exclude M2.
Moved: Cm.
E. Valdez
Second: Cm.
Galo
For: 7 Against: 0 Abstain: 0
Mayor
Pro Tempore Agredano was not present.
Ordinance
Introduction: City Council
2. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by
rezoning Lot 1, Block 1825, Eastern Division, located at 2201 Lyon Street, from
R-1 (Single Family Residential District) to B-3 (Community Business District);
providing for publication and effective date.
The Planning and Zoning Commission has recommended denial of the
proposed zone change.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 7 Against: 0 Abstain: 0
Margarito
Benavides asked to postpone this item.
Motion to close the public
hearing and postpone for the next meeting.
Moved: Cm.
Amaya
Second:
Cm.
E. Valdez
For: 7 Against: 0 Abstain: 0
3. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by
rezoning Lots 9 and 10, Block 118, Western Division, located at 617 and 619
Victoria Street, from B-1 (Limited Commercial District) to B-3 (Community
Business District); providing for publication and effective date. The Planning and Zoning Commission has
recommended approval of the proposed zone change.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 7 Against: 0 Abstain: 0
Guillermo
Castillo, petitioner, spoke in favor of the zone change.
Ramiro
Martinez spoke in favor of the zone change.
Ramon
Ramirez spoke against the zone change.
In addition, he submitted 12 signatures from of the surrounding property
owners that were in opposition to the zone change.
Mayor
Pro Tempore arrived at this time, 6:10 p.m.
Motion to close the public
hearing and deny the zone change.
Moved: Cm.
Ramirez
Second: Cm.
J. Valdez
For: 8 Against: 0 Abstain: 0
4. Public
hearing and introductory ordinance amending the Zoning Ordinance
Map of
the City of Laredo by
rezoning Lot 1 and the west ½ of Lot 2, Block 1141, Eastern
Division, located at 2001
Clark Blvd., from R-1 (Single Family Residential District) to
R-O (Residential-Office
District); providing for publication and effective date. The
Planning and Zoning
Commission has recommended denial of the proposed zone change.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second:
Mayor Pro Tempore Agredano
For:
8 Against: 0 Abstain: 0
Ron Whitehawk,
representing the applicant, asked Council to consider a issuing a Conditional
Use Permit which would allow the applicant to have an office for his
business.
Motion to close the public
hearing and introduce as a Conditional Use Permit.
Moved: Cm.
Amaya
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Amaya
5. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by
rezoning 21.62 acres, as further described by metes and bounds on attached
Exhibit “A,” located south of Bob Bullock Loop, west of Sandia Drive and north
of San Isidro Parkway, from AG (Agricultural District) to B-3 (Community
Business District); providing for publication and effective date. The Planning and Zoning Commission has
recommended approval of the proposed zone change.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
J. Valdez
For: 8 Against: 0 Abstain: 0
Henry Mejia with Scherffey
Engineering spoke in favor of the zone change.
Motion to close the public
hearing and introduce.
Moved: Cm.
Belmares
Second: Cm.
J. Valdez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Belmares
6. Public hearing and
introductory ordinance amending the Zoning Ordinance Map of the City of Laredo by
rezoning 1.83 acres, as further described by metes and bounds on attached
Exhibit “A,” located south of Emerald Hills Subdivision, Phase I and southeast
of Dorel Drive, from R-1MH (Single Family Manufactured Housing District) to B-4
(Highway Commercial District); providing for publication and effective
date. The Planning and Zoning
Commission has recommended approval of the proposed zone change.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
Richard Haynes, Developer,
spoke in favor of the zone change.
Motion to close the public
hearing and introduce.
Moved: Cm.
Garcia
Second: Cm.
J. Valdez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: Cm.
Garcia
7. Public
hearing and introductory ordinance authorizing the City Manager
to enter into and execute an Interlocal Government Agreement between the City
of Laredo and Laredo Independent School District (LISD) for the participation
of the City of Laredo Police Department School Resource Officer Program and to
accept reimbursement in the amount of $367,000.00 from LISD and to amend the
City of Laredo’s FY 2001-2002 annual budget in the amount of $367,000.00. The Laredo Police Department will provide
eight (8) officers that will be assigned to various middle and high schools,
and LISD will reimburse the City of Laredo up to three hundred sixty seven
thousand dollars ($367,000.00) for the FY 2002-2003 school year.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Cm.
Galo
Second: Cm.
Ramirez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
8. Public
hearing and introductory ordinance amending the City of Laredo
FY 2001-2002 Veterans Field Fund Annual Budget by amending and appropriating
revenues and expenditures in the amount of $35,000.00 from the West Martin
Ticket Sales and amending and appropriating the expenditures for the Tecolotes
de Los Dos Laredos contract by $35,000.00.
The transfer is to fulfill contractual obligations regarding payment for
services rendered during playoff games.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Cm.
Ramirez
Second: Cm.
J. Valdez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
9. Public
hearing and introductory ordinance amending Chapter 19 Motor
Vehicle and Traffic, Article VIII: Stopping, Standing or Parking of the Code of
Ordinances of the City of Laredo; specifically amending Section 19-364(2) which
establishes no parking anytime/tow away zones in the area of the Riverfront
Parking Lot adjacent to Bridge I; providing for publication and effective date.
Motion
to open the public hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Cm.
Belmares
Second: Cm.
J. Valdez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
10. Public hearing and introductory ordinance
accepting a grant by the United States Environmental Protection Agency’s
US-Mexico Border Program in the amount of $25,000.00 with the City designating
$1,316.00 in matching funds for a total of $26,316.00 and amending the City of
Laredo’s FY 2001-2002 Annual Budget for the NPDES Fund by appropriating said
grant revenue to the appropriate expenditure accounts. The grant monies will be used to implement
two Computer Electronic Collection Events.
Matching funds are available in the NPDES Fund.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
J. Valdez
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Cm.
Belamares
Second: Cm.
J. Valdez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
11. Public hearing and introductory ordinance
amending the City of Laredo Code of Ordinances as follows: Chapter 2, Article II, Division 6 (Pay
Administration), Section 2-87.7 (12)(a) except as otherwise stated in any
collective bargaining agreement and providing for an effective of September 29,
2002.
Motion
to open the public hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
Jose Angel Gonzalez, a City
employee, approached Council with a plea for better wages.
Jesus Cano, a City
employee, asked Council for a pay increase.
Mark Pitt, representing
the Laredo City Employees Association, stated that the Association does not
support the proposed budget. He said
they are disappointed to see that the proposed budget makes no effort to
address the substandard wages that many of the employees on the bottom of the
pay scale receive. He went on to say
they have been attempting to engage with City management, to no avail. He urged Council to take appropriate action
to instruct the management of the City to meet with the employees and their
representatives and engage in dialogue prior to bringing back the project so
some of the issues being addressed by the Association can be resolved.
Sergio Zapata, a City
employee, asked Council to consider better wages for the Sanitation Department
employees.
Gus Oath, Minister of the
Arkansas Church of Christ, asked Council to listen to the employees of the City
of Laredo.
Roland Rivera, City
employee, also made a plea to Council for better wages.
Motion to close the public
hearing and introduce.
Moved: Cm.
Galo
Second: Cm.
Belmares
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
12. Public hearing for
the adoption of a tax rate of $0.630534 per $100.00 value. This is to provide revenue for General Fund
for Maintenance and Operation and for the payment on Debt Service. This rate includes $0.484758 per $100 value
for Maintenance and Operation and $0.145776 for the Interest and Sinking Fund
of the Debt Service and will produce a tax levy of $35,010,831.00.
Motion to open the public hearing.
Moved: Cm. Galo
Second: Cm. Belmares
For: 8 Against: 0 Abstain: 0
Cm. Galo commented that the tax burden has been growing exponentially being that all the taxing entities are raising their taxes this year. He stated that he could not support this extra $.02 tax increase at this time.
Cm. Belmares requested that this item be postponed at this time.
Mayor Flores stated that this item could not be postponed because the City has a deadline.
Larry Dovalina, City Manager, reported that any consideration to change from the $.04 tax increase to a $.02 tax increase is fairly simple. They discussed previously that City Council would agree to fund the fire station at Cielito Lindo subdivision and they agreed to fund the 24 firefighter positions for the next fiscal year. If City Council were to decide not to do that, then that would cut that program out.
Cm. Agredano stated that this tax increase is strictly for public safety as was discussed previously. He mentioned that South Laredo is growing by leaps and bounds and there is a concern for public safety in District I and District III.
Cm. E. Valdez, Jr. is concerned with the waffling that City Council is taking on this tax issue. He stated that City Council already had the budget workshops and everyone knows the impact of not adopting this $.02 tax increase. We need to consider these people in the audience and see what City Council can do for them.
Cm. Belmares stated that this is not an issue about waffling. It is about looking at what the City has to spend and being able to spend it appropriately. He is asking that City Council take time to review some of these items thoroughly and make some prudent decisions. He wants to make sure that City Council makes the right commitments.
Cm. Ramirez stated that he is opposed to the tax increase because he has received several calls from some of the residents. He is not satisfied the city staff has tried to cut the fat and report that this is the best that the City has done.
Cm. J. Valdez, Jr. suggested that City Council postpone this issue to find out whether some recommendations could be made for an alternate funding source such as monies from the Community Development funds for building projects.
Mayor Flores stated that she was disappointed in the City Council because they had their three books and plenty of time to make suggestions.
Larry Dovalina, City Manager, stated that the City does not have the time to ponder the situation. He added that Phyllis Colon, Tax Assessor-Collector, would provide the timeline that the City has to follow.
Mayor Flores requested for the City Manager to be prepared to inform City Council as to what projects could be cut in order to amend the budget.
Larry Dovalina, City Manager, stated that there are two different taxes: one is for Maintenance and Operations and the other one is for Debt Service. The one that City Council is increasing is not the one for Debt Service which funds the projects – it is the one for Maintenance and Operations.
Phyllis Colon, Tax Assessor/Collector, reported that the laws are very strict on the steps that must be followed by the City in order to adopt the annual budget. She mentioned that the City must abide by a time line to publish a notice in the newspaper advertising this public hearing to increase the tax rate. She explained that this advertisement has been published in the newspaper and if City Council does not adopt the budget tonight, then she is required to run a new advertisement and then run a subsequent advertisement before the City can introduce the ordinance. She stated that she has already requested that City Council hold a special council meeting in order to meet the deadline so that everything will be in place and adopted before October 1, 2002. She stated that should City Council go with the figure of a $0.62 tax hike tonight, City Council would not be able to adopt the budget because City Council would have to hold a public hearing to present said budget.
Cm. Galo stated that he was not present at the final workshop when the Council discussion focused on the increase from $.02 cents to $.04 cents on the proposed budget. He agrees that there is a need for a tax rate increase. He added that this was not something that was proposed this year, it was something that was added to provide improved services to the public.
Mayor Pro Tem Agredano stated that no one enjoys raising taxes but sometimes it is unavoidable in order to keep up with the City’s obligation to the community.
Mark Pitt, Laredo City Employees Association, addressed City Council and stated that the employees’ request for improvements in starting pay was rejected. He stated that he would like to have dialogue established with the City before a final decision is made. He proposed that City Council address the issue of wages currently earned by some of the lower paid employees. He stated that perhaps a 2.8 % across-the-board pay increase is not necessary. Should City Council agree to have further discussion, then the possibility of delaying the tax increase would allow for some dialogue and then they would be in favor of City Council rejecting this tax increase today. The City employees that currently earn $7.00 an hour cannot live on a $7.00 hourly wage. In addition, the City does not necessarily need to provide a pay increase to the highest paid employees in the City.
Hector Alvarado, self-employed businessman, stated that he is opposed to all tax increases. He urged that City Council come up with creative and practical solutions for all the citizens.
Carlos Alvarado, sanitation worker, spoke on the need for additional resources – both in equipment and labor. He added that he is asking that City Council listen to their grievances.
Cm. Garcia inquired whether there was any way of going back and revisiting the issue of the additional $.02 tax increase to have some of those funds go into a minimum wage increase.
Larry Dovalina, City Manager, stated that city staff could bring back a plan that reflects wage increments at different levels. What would occur is that the City would no longer consider it a public safety tax but rather a general tax increase. He added that City Council could come back and amend the budget at any particular time.
Cm. Belmares mentioned that without the tax increase, the City could barely begin to address some of the issues that the employees have.
Cm. E. Valdez, Jr. stated that he wants City Council to work with the operational portion of the tax increase and that the City seriously consider improving these employees’ wages so that they are able to take a good paycheck home.
Larry Dovalina, City Manager, stated that in looking at what city staff did the last time they used the grading system, they eliminated the bottom two pay grades in order to move those employees up. He wants everyone to understand what takes place within that process in order to protect the integrity of the grading system. He explained that when you bump the bottom employees, you bump everyone. He proposed bringing back to City Council a couple of proposals and provide some scenarios for their review and at the same time attempt to identify funding sources to amend the budget. As far as adopting the budget is concerned, he mentioned that they are running out of time and City Council needs to move forward.
Cm. E. Valdez, Jr. stated that he would like City Council to look at those scenarios.
Cm. Ramirez stated that when City Council had voted to increase the bridge crossing fare from $1.50 to $2.00 it was his understanding that those monies were for ambulances and hiring additional personnel within the fire and police departments. He inquired as to what happened with that increase from the crossing fares.
Larry Dovalina, City Manager, replied that the current class that is going through training now at the police academy is the one City Council authorized during that increase. The projected increase is obviously not going to be there because of the downturn to our economy. He mentioned that they had to initiate that class at a later period of time when there were sufficient monies in the budget to pay for it.
Miguel Martinez asked that the City Council consider the cost of living expenses for these city employees that are asking for a wage increase.
Mark Pitt inquired whether once City Council adopts this budget would they still be able to look at this other issue of raising the minimum wage for employees.
Mayor Flores replied that City Council could look at the budget and make amendments to the budget at a later date.
Cm. J. Valdez, Jr. mentioned that some City employees currently earn above minimum wage. He wants to make sure he understands what it is the group is asking for.
Mark Pitt stated that it depends on what the City’s minimum wage would be raised to. He is suggesting that the City engage in some dialogue with the group when reviewing the bottom pay.
Cm. Galo stated that he is concerned that the budget is no longer specified for anything.
Cm. Garcia inquired whether an adjustment could be made to the bottom pay scale and make an adjustment only to that portion of the pay scale.
Larry Dovalina replied that that is not possible because then there would be grades in different classifications that would be earning the same pay as other classifications that have higher skill levels. He added that City staff has conducted salary surveys of other governmental entities in the city and City employees are still among the highest paid employees across the board including wages and benefits.
Cm. Belmares stated that this body is asking that the revenues from this tax increase be put in for public safety and only this body can request that that budget be amended to take it out of that appropriation.
Larry Dovalina, City Manager, replied that that is correct.
Motion to close the public hearing.
Moved: Cm.
Belmares
Second: Mayor Pro Tempore Agredano
For: 6 Against: 2 Abstain: 0
Cm. Galo
Cm. Ramirez
Fifteen minute recess was taken.
13. Public hearing and
introductory ordinance to adopt the Annual Budget for Fiscal Year
2002-2003;
appropriating the estimated revenues, expenditures and balances reported
therein for
the year beginning October 1, 2002 and ending September 30, 2003, consistent
with the
financial plan described in said annual budget; and authorizing the City
Manager
to implement
said annual budget.
Motion to open the
public hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 7 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing
and introduce and incorporate the following three items.
1. Add a new Full Time Equivalent Position for
the Noise Abatement Lease Program
Fund by adding a Building
Maintenance Mechanic and appropriate additional funds from the proposed ending
fund balance in the amount of $27,499.00 including benefits.
2. Increase expenditure appropriations in the
Laredo Municipal Housing Fund in the
amount of $3,519.00 for
the reclassification of a Building Maintenance Worker to a Building Maintenance
Mechanic, funding is available in the proposed ending fund balance.
3. Add four Full Time
Equivalent Positions for three Grounds Keepers and one Crew Leader and increase
revenue and expenditure appropriation for General Fund in the amount of $91,493
to cover said cost. This appropriation
will be reflected under the Parks and recreation Department.
Moved: Mayor Pro Tempore Agredano
Second: Cm.
Belmares
For: 6 Against: 1 Abstain: 0
Cm. Ramirez
Cm. J.
Valdez was not present.
Ordinance Introduction: City Council (except Cm. Ramirez)
14. Public hearing and adoption of Resolution
2002-R-075 adopting the 2003-2007 Capital Improvement Program for the
City of Laredo.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Agredano
For: 8 Against: 0 Abstain: 0
Motion to move the Water
Park from 2005 to 2004 in the Capital Improvement Plan.
Moved: Cm.
Ramirez
Second: Cm.
J. Valdez
For: 2 Against: 6 Abstain: 0
Motion to close the public
hearing and include the following amendments:
Project Amendments as per
Larry Dovalina, City Manager:
1. Civic Center Expansion and Renovation
2. Springfield @ Saunders – moved from 07 to 05
3. Alexander Sports Complex – decreased current
year availability from $1,100,000 to
$785,000 and added
$415,000 unfunded in 04.
4. Northwest Recreation Center/Pool – Moved
grant funding from 04 to 03.
5. 04,05 and 06 – added $50,000 in each year to
provide single upgrades as requested.
Moved: Cm.
Galo
Second: Cm.
Belmares
For: 8 Against: 0 Abstain: 0
Motion to approve Resolution
#2002-R-075.
Moved: Cm.
Galo
Second: Cm.
Belmares
For: 8
Against: 0 Abstain: 0
15. Public hearing and introductory ordinance
authorizing the City Manager to accept funds and amend the City of Laredo FY
2001-2002 annual budget in the amount of $20,000.00 from the Texas Department
of Health-Office of Border of Health for the Border Health Conference of the
City of Laredo Health Department for the period beginning July 1, 2002, through
September 30, 2002. These funds were
awarded specifically for the “Los Dos Laredos” Bi-National Health Conference
that will be held on September 18-19, 2002.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Agredano
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Mayor Pro Tempore Agredano
Second: Cm.
E. Valdez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
16. Public hearing and introductory ordinance
amending the City of Laredo Fiscal Year 2001-2002 Bridge Fund annual budget by
appropriating revenues and expenditures in the amount of $340,000.00 and
authorizing the City Manager to implement said budget amendment. Funds are available from the collection of
overweight penalty fees for Fiscal Year 2001-2002.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Mayor Pro Tempore Agredano
Second: Cm.
Galo
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
17. Public hearing and
introductory ordinance amending the City of Laredo Fiscal Year 2001-2002 Airport
Fund annual budget to recognize additional revenues from a grant received from
the Federal Aviation Administration being grant project no. 3-48-0136-34-02 in
the amount of $6,332,000.00 for the purpose of acquiring land for noise
mitigation, constructing a portion of the east side air cargo apron, complete
construction of parallel Taxiway J, acquire finger printing equipment and
install CCTV monitoring cameras and related security equipment at the Laredo
International Airport. The City’s ten
(10%) percent local match for this project in the amount of $703,556.00 is
available in the Airport Land Reimbursement Account.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Mayor Pro Tempore Agredano
Second: Cm.
E. Valdez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
18. Public hearing and
introductory ordinance amending the City of Laredo FY 01-02 Airport Construction
Fund Budget by appropriating revenues & expenditures of $170,035.00 and
transferring an additional amount of $563,130.00 from the Airport Construction
Fund to the Airport Operations Budget.
The transfer consists of $400,000.00 from additional interest earnings
and $163,130.00 from Land Sale Proceeds.
Motion to open the public
hearing.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Mayor Pro Tempore Agredano
Second: Cm.
E. Valdez
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
19. Public hearing and introductory ordinance
amending the City of Laredo FY 2001-2002 Airport Budget to recognize additional
revenues and expenditures resulting from a Law Enforcement Personnel Agreement
with the Transportation Security Administration (TSA), in the amount of
$250,098.00. The purpose of the
agreement is to reimburse the City of Laredo, for its costs in providing a
uniformed sworn and certified law enforcement officer at the passenger security
screening checkpoint at the Laredo International Airport until such time as the
TSA assumes responsibility for such functions; providing for an effective date.
Motion
to open the public hearing.
Moved: Mayor Pro Tempore Agredano
Second: Cm.
Garcia
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public
hearing and introduce.
Moved: Cm.
Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
Ordinance Introduction: City Council
VIII. GENERAL COUNCIL DISCUSSIONS AND
PRESENTATIONS
20. A. Request by Council
Member Johnny Amaya
1. Status report on Inner City Park.
Horacio De Leon, Parks and Recreation Director, reported the Inner City Park project is in the design stage and it is 70% complete. He said that staff will be unveiling the final project on September 27th. The estimated cost for the Inner City Park is 2.6 million dollars.
2. Status report on Buena Vista traffic study.
Roberto Murillo, Traffic Director, reported that the City Engineering Department is still working on the field work and design for two intersections in the Buena Vista Subdivision. The designs should be ready in three weeks.
3. Discussion and possible action on Allende Street traffic study, including cost estimates.
Roberto Murillo, Traffic Director, advised that staff has not received a written request for a traffic study on Allende Street. He noted that staff has delivered the packet to the interested person but they have not returned the form. He informed Council that he did install signs to lower the speed.
B.
Request by
Council Member Juan Ramirez
1. Discussion with
possible action regarding the animal control investigation report.
Dr. Hector Gonzalez, Health Director, reported
that they had to reorganize their animal control unit. He added that staff has implemented a
Quality Control Monitoring Policy that we has been revised and implemented to
monitor and insure quality service.
He
included the following report:
The
following is the Animal Control program quality assurance policy created to
improve customer service, safety, professionalism, quality care and
accountability.
Field monitoring
Animal
control supervisor or designee will ride with staff at random in order to
monitor that safety procedures, proper documentation, and overall procedures
are being followed by ACO’s. The
supervisor will also conduct random field inspections to assure services are being
conducted in the most efficient manner.
Staff training
New
employees will not be allowed to perform field work until they have been
properly trained in office procedures, field procedures, uniformed, equipped
and properly immunized against rabies before they are assigned to perform field
work on their own.
Staff
is issued a Basic Animal Control (TDH) training manual, Animal Control
operating procedures manual to study and follow. They will also immediately be referred to the next available ACO
affiliated course sponsored by TDH.
New
Animal Control employees will be given a safety orientation and a record will
be placed in the employee’s file.
Follow up updat4es and evaluations to assure appropriate safety
compliance will also be conducted.
Animal
Control employees will be given periodic training throughout the year on safe
handling of dogs/cats, Snakes, Bats, Skunks, Bees, Large Animals (livestock),
Administrative procedures, health and safety, Driving, Trailers, Rabies, Animal
Control and City Ordinances.
Vehicle maintenance
& Staff equipment
ACO’s
will fill-out a daily vehicle operational checklist to assure proper vehicle
safety and maintain personal and safety equipment, report all damages and
request repair services for vehicles.
This list must be turned in to the clerk daily, together with the daily
activity report. The supervisor will
review all records at least on weekly
basis to monitor quality services, productivity and compliance.
Citizen complaints &
Office procedures
When
a request for service is received, the office clerk fills a computerized
work-order. Staff will sign a daily log
sheet to account for all work orders issued to the officers. Staff will be issued work orders or
assignments. After an assignment has
been completed, the property filled and completed work-order is returned to the
office to enter the disposition of the assignment into the work order computer
file.
Staff
will perform all assignments on a timely and safe manner following the Animal
Control Officer Standard Operating Procedures Manuel.
Animal Investigations
and Intervention Calls
When
called to pick-up animal, a “numbered surrender” form is filled out properly
and completely; a pick copy is given to the owner/keeper for his records. The animal is then taken to the Animal
shelter office and a yellow copy of the surrender form is given to the shelter
employee at the front desk; shelter staff will unload impounded animals. The original surrender form is kept by the
Animal Control Officer (ACO) and attached to the daily report at the end of his
workday to be reviewed by the supervisor.
The work order is filled out and turned in to the office clerk so she
can document the service provided and close the case.
Personnel Action
All
investigations are also recorded and distributed to appropriate ACO’s by
geographic area, specialty and/or the next available to quickly intervene.
All
City and CLHD policies on employee rights and personnel action will be
followed. Any misconduct, training
skills building or disciplinary action as result will be appropriately managed
through appropriate program and/or personnel action.
2. Discussion with
possible action regarding employee use and purchase of City vehicles.
Larry Dovalina, City
Manager, informed Council that the City has a total of 68 vehicles that are
taken home by City staff. He noted that
the majority of those employees are on call 24 hours a day.
Juan Ramirez expressed his
concerns about City employees utilizing City equipment for personal use. He also asked the City Manager why some of
the vehicles were luxury vehicles.
Larry Dovalina, City
Manager, encouraged the Council Member to report the number of the vehicle and
he would investigate why the employee is at a particular site. He also explained why the Fire Department
purchased a luxury vehicle and noted that he is revisiting the issue of
purchasing vehicles with the Purchasing Department.
3. Discussion with
possible action regarding the Convention and Visitors Bureau parking lot.
Nick Reyna, Director of
Convention and Visitors Bureau, noted that the Bureau is in the marketing and
destination promotion business but they are also in charge of the parking lot
because of their proximity to the parking. He added that the parking lot has 42
spaces and only three individuals were in compliance with their contract. He expressed their desire to turn the
parking lot from a loss center to a profit center.
4. Discussion with
possible action on establishing an ordinance to regulate activity (location and parking) associated with
the exportation of used vehicles.
Keith
Selman, Planning and Zoning Director, informed Council that the Zoning Division teamed up with Code Enforcement,
under the police force and has done a couple of sweeps in the area. He noted most of the area in question is a
B-1 and they have addressed it from the zoning stand point in terms of compliance.
Chief Dovalina reported that staff is working hard to enforce the
ordinance. They have dispersed over 50
vehicles, 44 citations, 26 vehicles have been impounded, and five subjects have
been arrested.
IX. INTRODUCTORY ORDINANCES
21. Authorizing the City Manager to execute a lease with
Comision Mexico-Americano
Para la Erradicacion Del
Gusano Barrenador (USDA) for approximately 19,765 square
feet constituting
Building No. 1308 located at 4305 Maher Avenue at the Laredo
International
Airport. Lease term is for five (5)
years commencing on June 1, 2002 and
ending on May 31,
2007. Monthly rent shall be $6,901.00
and will be adjusted
annually according to
changes in the Consumer Price Index; providing for an effective
date.
Ordinance Introduction:
City Council
22. Authorizing the City Manager to enter into a lease
agreement between Laredo Metro,
Inc., and the City of
Laredo Department of Community Development for the lease of
6,628 sq. ft. of building
space at the Laredo Transit Center located at 1301 Farragut,
second and third floors
(East) for a monthly sum of $4,088.15.
The monthly base rate
will be amended annually
according to consumer price index.
Ordinance Introduction:
City Council
X. FINAL READING OF ORDINANCES
Motion to waive final reading of
Ordinances # 2002-O-211; # 2002-O-212; # 2002-O-213;
# 2002-O-214; # 2002-O-215; #2002-O-216; #2002-O-217; #
2002-O-218; # 2002-O-219;
# 2002-O-220; # 2002-O-221; #
2002-O-222; # 2002-O-223; #2002-O-224; and
# 2002-O-225.
Moved: Cm. Galo
Second: Cm. Amaya
For: 8 Against:
0 Abstain: 0
23. 2002-O-211 Amending the Land Development Code to
provide for permitted use in M1 and M-2 Zones for sexually oriented businesses
subject to the conditions specified in sections 24.65.15 and 24.65.16; to amend
the Section 24.63.2 in order to delete references on pages IV-14, IV-15, and
IV-28 to any kind of sexually oriented businesses; to amend Section 24.62.5 by
deleting reference to sexually oriented businesses; to delete Section
24.93.1(b) which mentioned sexually oriented businesses; to delete Section
24.93.7 pertaining to special subsections 34.93.71 to 24.93.28 inclusive ,
dealing with licensing and regulation of sexually oriented businesses;
providing for publication; and providing for effective date.
Motion
to adopt.
Moved: Cm.
Galo
Second: Mayor
Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
2002-O-212 Adding Chapter 18A
to the Code of Ordinances to provide for the regulation and licensing of
sexually oriented businesses; to provide for definitions; to provide for
classification of said businesses; to provide for an annual licensing fee; to
provide for Police Chief as the enforcement authority in granting, refusing,
suspending or revoking licenses; to provide for appeal to the City Manager from
adverse decision of the enforcement officer; to provide penalties for
violation; providing for publication and effective date.
Motion to
adopt.
Moved: Cm.
Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
2002-O-213 Authorizing the City
Manager to amend the 2001-2002 annual budget in the amount of $92,866.00 for
the Laredo Multi Agency Narcotics Task Force.
Funding is available from the opening balance of the Narcotics Task
Force Fund (224) and will be used to pay overtime and benefits for the period
of September 3, 2002 through May 31, 2003.
Motion to
adopt.
Moved: Cm.
Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
2002-O-214 Amending the Zoning
Ordinance Map of the City of Laredo by rezoning Lot 4, Block 179, Eastern
Division, located at 3518 and 3520 McDonnell Avenue from R-3 (Mixed Residential
District) to R-2 (Multi-Family Residential District); providing for publication
and effective date.
Motion to
adopt.
Moved: Cm.
Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
2002-O- 215 Amending the Zoning
Ordinance Map of the City of Laredo by rezoning the R-3 (Mixed Residential
District) designated portion of Lot 6, Kahn Subdivision, located at 9505 Mines
Road, from R-3 (Mixed Residential District) to B-3 (Community Business
District); providing for publication and effective date.
Motion to
adopt.
Moved: Cm.
Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
2002-O-216 Amending the Zoning
Ordinance Map of the City of Laredo by amending Ordinance 95-O-014 and
authorizing the issuance of a Special Use Permit to R.C. Kahn Enterprises, Ltd.
to revise the site plan of the existing manufactured housing park on Lot 6,
Kahn Subdivision, located at 9505 Mines Road; providing for publication and
effective date.
Motion to
adopt.
Moved: Cm.
Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
2002-O-217 Amending the Zoning
Ordinance Map of the City of Laredo by rezoning Lot 1, Block 1, San Isidro
Monarch Subdivision, Unit 1, located at 2445 Monarch Drive, from B-3 (Community
Business District) to R-2 (Multi-Family Residential District); providing for
publication and effective date.
Motion to
adopt.
Moved: Cm.
Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
2002-O- 218 Amending the Zoning
Ordinance Map of the City of Laredo by authorizing the issuance of a Special
Use Permit to Vaquillas Windsor, Ltd. for town homes on Lot 1, Block 1, San Isidro
Monarch Subdivision, Unit 1, located at 2445 Monarch Drive; providing for
publication and effective date.
Motion
to adopt.
Moved: Cm.
Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
2002-O-219 Amending the Zoning
Ordinance Map of the City of Laredo by rezoning all of Block 687, Western
Division, located at the 2300 block of Bruni Street, from M-1 (Light
Manufacturing District) to R-3 (Mixed Residential District); providing for
publication and effective date.
Motion
to adopt.
Moved: Cm.
Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
2002-O-220 Amending the Zoning
Ordinance Map of the City of Laredo by rezoning Lots 1 and 2, Block 1215,
Eastern Division, located at 2101 Chihuahua Street, from R-O
(Residential-Office District) to B-1 (Limited Commercial District); providing
for publication and effective date. (As amended)
Motion
to adopt.
Moved: Cm.
Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
2002-O-221 Amending the Zoning
Ordinance Map of the City of Laredo by authorizing the issuance of a
Conditional Use Permit to Jese Trevino for the overnight storage of commercial
vehicles related to an air-conditioning business on the north 50 feet of the
north ½ of Lot 12, Block 307, Eastern Division, located at 2407 Cedar Street;
providing for publication and effective date.
(As
amended)
Motion
to adopt.
Moved: Cm.
Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
2002-O-222 Authorizing the City
Manager to amend the contract with the Texas Department of Health by extending
the grant period for the Mi Futuro (My Future) Abstinence Education Program of
the City of Laredo Health Department from September 1, 2001, through August 31,
2002, to September 1, 2001, through September 30, 2002. No additional funds are involved.
Motion to
adopt.
Moved: Cm.
Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
2002-O-223 Amending the City of
Laredo 2001-2002 budget by increasing revenues and expenditures in the amount
of $17,430.00 from the Texas Department of Health for the Tuberculosis
Community Health Worker-Promotora Project of the City of Laredo Health
Department for the period beginning June 1, 2002 through December 31, 2002.
Motion
to adopt.
Moved: Cm.
Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
2002-O-224 Amending the City of
Laredo’s FY 2001-2002 annual budget in the amount of $509,614.00 to fund the
Laredo Auto Theft Task Force. The
Governor’s Automobile Theft Prevention Authority will be designating
$399,292.00, the City will be designating $78,858.00 in matching funds, and
Webb County will be designating $31,464.00 for a total of $509,614.00 for a one
year funding period program beginning September 1, 2002 through August 31,
2003.
Motion to
adopt.
Moved: Cm.
Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
2002-O-225 Authorizing the City
Manager to execute all necessary documents to effectively convey fee simple title
to the “Surface Only” at its combined adjusted market value of $4,848.00, for
certain properties described as follows to their respective abutting property
owners and providing for an effective date.
Parcel A -
consisting of a 900.32 sq. ft. parcel of land, more or less, to Jesus
Villanueva Blanco, Petra Vega de Villanueva, Jesus Villanueva Vega and
Francisco Villanueva Vega at its total adjusted market value of $2,094.00; said
parcel being out that former section of Malinche Avenue between Pecan and San
Salvador Streets; being described on attached Exhibit “A”;
Parcel B –
consisting of a 1,140.27 sq. ft. parcel of land, more or less, to Cesar Santos
at its local adjusted market value of $2,754.00; said parcel being out of that
former section of Malinche Avenue between Pecan and San Salvador Streets; being
described on attached Exhibit “B”; said parcels being situated in the Eastern
Division, City of Laredo, Webb County, Texas.
Motion
to adopt with amending the word local to total.
Moved: Cm.
Galo
Second: Cm. Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
XI. RESOLUTIONS
24. 2002-R-073 Adopting a new health benefits rate
structure by increasing all medical contribution amounts by twenty percent
(20%) for the City of Laredo and for all persons covered under the City of
Laredo’s medical plan, unless otherwise provided in a collective bargaining
agreement and providing for an effective date of October 1, 2002.
Motion
to approve.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
25. 2002-R-074 Authorizing the City Manager to submit
a grant application to the Federal Aviation Administration Airport Improvement
Program and to accept a grant in the amount of $6,332,000.00 for the purpose of
acquiring land for noise mitigation, constructing a portion of the east side
air cargo apron, completing construction of parallel Taxiway J, acquiring
finger printing equipment, and installing CCTV monitoring cameras and related
security equipment at the Laredo International Airport. The City’s ten (10%) percent local match for
this project in the amount of $703,556.00 is available in the Airport Land
Reimbursement Account.
Moved
to the supplemental agenda.
26. 2002-R-076 Authorization to enter into a
Memorandum of Understanding in support of and commitment to the goals of the
Los Dos Laredos Clean Cities Program Plan.
This Plan will be subsequently submitted to the United States Department
of Energy for approval and designation as a clean city.
Motion
to approve.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
XII. MOTIONS
27. Consideration to set a date of
September 16, 2002, to introduce an Ordinance for the adoption of the tax rate
of 2002.
Mayor
Flores read the tax rate into the record announcing the tax rate of
$.0630534 which meets the budget
requirements for the operation of the City and for the debt service.
Motion to
approve.
Moved: Mayor Pro Tempore Agredano
Second: Cm.
Belmares
For: 8 Against: 0 Abstain: 0
28. Consideration to award a construction
contract to the lowest bidder, Bruton Gomez & Company, Corpus Christi,
Texas, for the Bridge II Re-Roofing Project in the base amount of
$137,000.00. Funding is available in
the Bridge System Toll Plaza Improvements.
Motion to
approve.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
29. Consideration for approval of change
order no. 2 a decrease of $24,929.00 for the balance of quantities actually
constructed in place, acceptance of the CDBG Sidewalks Project No. 20 (43
Blocks), and approval of final payment in the amount of $22,218.75 to Pete
Gallegos Paving, Inc., Laredo, Texas.
Final contract amount is $205,312.50.
Funding is available in the Community Development 27th Action
Year/2001 Grant School Sidewalks.
Motion
to approve.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8 Against: 0 Abstain: 0
30. Consideration to award a construction contract to the
lowest bidder, Brothers Paving,
Inc., Laredo, Texas, for
the San Francisco Xavier Road Street Improvements in the bid
amount of
$618,791.44. Funding is available in
the Capital Improvements Project-
Street
Improvements-Rivers Road/San Francisco Xavier Project and Community
Development – 25th
Action Year San Francisco/Xavier Road Improvements.
Motion to approve.
Moved:
Cm. Galo
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
31. Consideration to award a contract to Arcadis, Laredo, Texas, for $406,419.00 to design
the Colonias Mines Road Wastewater Collection System and Wastewater Treatment
Plant. This project is funded by the North American Development Bank. Funds are
available in the Colonias Fund Project Engineer Fees.
Motion to approve.
Moved:
Cm. Galo
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
32. Consideration to award a contract to Crane Engineering, Corp., Laredo, Texas, for
$169,446.60 to design the 16” water line extension along Hwy 359 from the existing
South Laredo Elevated Storage Tank to the Colonia Los Tanquecitos. This project is
funded by the North American Development Bank. Funds are available in the Colonias
Fund Project Engineer Fees.
Motion to approve.
Moved:
Cm. Galo
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
33. Consideration to award a three year contract (FY02-141) to the low bidder, Reliant Energy Entex, Laredo, Texas, for providing natural gas for the CNG fueling facility being constructed at the City’s fueling facility located at 5710 Daugherty. Funding is available in the Fleet Maintenance Fund.
Motion to approve.
Moved: Cm. Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
34. Authorizing the City Manager to execute a Letter
of Agreement between the City of
Laredo and
South West Texas State University’s William P. Hobby Center for Public
Service to
offer the Nationally Accredited Certified Public Manager (CPM) Program on
site at the
City of Laredo Training Facilities.
Motion to
approve.
Moved: Cm. Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
35. Consideration to authorize
the City Manager to sell surplus traffic and street light
equipment to our Sister City
Guadalupe, Nuevo Leon.
Ricardo Trevino thanked
the Mayor and Council and gave the following letter:
Elizabeth “Betty” Flores
Alcaldesa de la Cd.
Laredo Tx.
Presente –
Sirva la presente para
enviarle un cordial saludo, esperando se encuentre bien.
En nombre mio y de los
habitantes de esta ciudad, me es grato agradecerle su valiosa
intervencion para que
logremos la adquisicion de material de alumbrado y semaforizacion
que utilizaremos en darle un
major servicio a nuestra comunidad.
Le agradecere hacer extensivo este reconocimiento al
Ayuntamiento bajo su digno cargo
asi como tambien a sus
colaboradoes de Laredo, Tx Ciudad hermana de Guadalupe,
N. L.
Espero tener en breve la
oportunidad de saludarla personalmente, mientras tanto me es
grato reiterarme de usted
fraternalmente.
Sufragio Efectivo, no
reeleccion CD. Guadalupe, N. L. a 3 de Agosto De 2002 C.
Preseidente Municipal
Ing. Pedro Garza Trevino
The
Sister City of Guadalupe, Nuevo Leon several month ago inquired about any
available surplus equipment for street-lights or traffic signals. An inventory of surplus equipment was
prepared and provided to them for their consideration. The following surplus equipment was
identified and proposed salvage costs are included:
30 each – 35’ Street
Light Poles $20 each $600.00
18 each – Traffic Signal
mast Arms $20 each $360.00
18 each - Traffic Signal Poles (19’) $360.00
Motion to approve.
Moved: Cm. Galo
Second: Amaya
For: 8 Against: 0 Abstain: 0
36. Authorizing the City Manager to execute an
agreement between the City of Laredo and
the law firm of Karger Key Barnes and
Springer, P.C., for ongoing legal services and
ratify expenditures for
the legal matters pertaining to the David Leal v. City of Laredo,
Texas, Cause No.
2001CVQ001208D2, in the District Court 111th Judicial District
of
Webb County, Texas, and
the Jorge A. Almazan vs. the City of Laredo, Texas; the
Laredo Chief of Police,
Agustin Dovalina; Daniel Migura, Edward Sherwood, Joaquin
Romero, Jr., Individually
and as members of the Fire Fighter’s and Police Officers Civil
Service Commission of
Laredo, Cause No. 2001CVQ000869D1, in the District Court 49th Judicial District Webb County Texas.
Murray E. Malakoff read the following letter to the
Mayor and City Council:
“I
preface this correspondence by apprising you that I represent several litigants
and potential litigates with claims against the City of Laredo. It is not my intention to discuss the merits
of my clients’ claims. (I believe that
I am ethnically precluded from doing so).
Upon conclusion of these cases.
I will be free to do so, with the assent of my clients/former clients.
I
write and speak not as an advocate for litigants, with claims against the City
but rather, one of your constituents with a matter of public concern that requires
the attention or this municipality’s governing body.
When
I read, in the latest edition of Laredos newspaper that the City expended
$100,000.00 (One Hundred Thousand) plus on attorney’s fees in the defense of
Lt. Leal’s appeal (exclusive the arbitrators
and court reporters’ fees). I was truly
astounded. I have received reliable
information that this amount does not cover the attorney’s fees generated by
the City’s attorneys during the last six sessions before the hearing examiner.
Please
understand that prior to becoming a prior practitioner of law, I worked in this
City’s legal department as well as the legal department of the City of Houston
where I was one of one hundred plus attorneys.
I also served as an assistant county attorney with the Harris County
Attorney’s office and as a private practitioner represented several
municipalities. In sum, I have seen how
local governmental entities legal departments operate both from within and as
outside counsel.
With
this excessive expenditure of taxpayer monies on not one but two attorneys who
maintain offices on the other side of the state, (with a attendant travel
expenses) it is time for this City to closely examine the manner in which is
procures its legal services both from within and without.
The
point of departure for such an examination is the City Attorney’s office and
the manner in which it operates. The
essential questions which must be answered is whether the City should here more
attorneys and do all of its legal work in house or, whether it should continue
to dole its legal work to outside law firms (excluding those firms which are
retained by the TML Intergovernmental Risk Pool to represent the City in tort
and police misconduct cases.)
Cost
is but one of the considerations that should be looked at. Another consideration should be impartiality
in the process by which the City selects its in house or outside counsel.
Given
the City’s exponential growth and the myriad of legal problems which correspond
to this growth the time has come for the City’s governing body to examine the
issue.
It is
my suggestions that council appoint a blue ribbon committee consisting of
outside counsel with extensive experience in municipal legal departments and
risk managers to both examine the present operation of the City’s legal
department (and the manner in which outside counsel are selected by it) as well
as whether it is more economically feasible for the City to hire a large legal
staff, each which a subspecialty in a particular area of municipal law and keep
their cases in house. Any member such
committee should serve voluntarily to preclude any claim of partiality.
Laredo
is by no means the small City it once was.
It has or will soon become a large city; one, which merits and larger
legal staff with the talent and resources necessary to ably represent this
municipality in a cost effective manner.
Many of the present attorneys (excluding the City attorney who obviously
let the firm representing it in Leal, milk the public teat until dry) are very
able practitioners of municipal law.
I am
hopeful that you will respond to this correspondence and meet with me to
discuss my ideas.
With
the greatest respect for your selfless service to this City, I remain.
Very
truly yours,
Murray
E. “Butch” Malakoff”
Richard
J. Gonzalez, a private attorney,
expressed his frustration with the Council for allowing the City Manager to
hire attorneys from out of town.
Valeria
Acevedo, Assistant City Attorney, informed Council that the Chief of Police has
the authority to hire and fire all individuals at the Police Department. She noted that two individual disagreed with
the Chief and filed suit against the City.
She mentioned that the law firm which represents the City has been
representing police matters for nine years.
The initial cost of the firm was thought to be $60,000; however, both
cases have lasted longer than expected.
Numerous documents have been filed and testimony of individuals has been
very lengthy.
Cm
Galo asked staff why they waited until the amount was $195,000 before they
sought approval. He questioned the
procedure that staff follows when an estimated amount is exceeded.
Larry
Dovalina, City Manager, explained that the law firm was engaged on a retainer
to represent the city on these particular cases and the initial estimate was
$60,000. He said that Council was told
what action was going to proceed in order to finalize the termination during
Executive Session. There was a series
of actions that prolonged the estimates.
He went on to say that the firm needs to follow the process until the
cases conclude. He mentioned that
several different times staff came to Council in Executive Session and
discussed what actions were being taken.
Finally, he stated that in this particular instance, it has been a
protracted legal battle which Council agreed.
Cm. Galo and Cm. Ramirez said that staff should have notified Council once the fee
exceeded $60,000.
Cm. Belmares asked the City Manager to explain
when staff should approach Council about exceeding fees from legal firms.
Larry
Dovalina, City Manager, said that reports were given to Council in Executive
Session.
Motion to approve.
Moved: Cm. Galo
Second: Mayor Pro Tempore Agredano
For: 5 Against: 3 Abstain: 0
Cm. Belmares
Cm. J. Valdez
Cm. Ramirez
37. Consideration to rescind
contract number FY01-126 awarded to Trako Cleaning Systems,
Inc., San Antonio,
Texas, in the amount of $54,591.00 for the purchase of a high-pressure
washer and wash water
recycling system for the Solid Waste Facility and authorize that
new bids be
solicited. It was determined that the
proposed wash water recycling system
could not handle the
heavy solids and bio materials generated from washing the refuse
equipment.
Motion to approve.
Moved: Cm. Galo
Second: Mayor Pro Tempore Agredano
For: 8 Against: 0 Abstain: 0
XIII. EXECUTIVE SESSION
The
City Council hereby reserves the right to go into executive session at any time
during this public meeting, if such is requested by the City Attorney or other
legal counsel for the City, pursuant to his or her duty under Section
551.071(2) of the Government Code, to consult privately with his or her client
on an item on the agenda, or on a matter arising out of such item.
XIV. RECESS AND CONVENE AS THE LAREDO MASS
TRANSIT BOARD
Motion to recess as City
Council and convene at the Laredo Mass Transit Board.
Moved: Cm. Galo
Second: Cm. Amaya
For: 8 Against: 0 Abstain: 0
38. Consideration
to approve a change order reducing the number of CNG buses being purchased from
Neoplan USA, Corp., from ten (10) to eight (8). The contract total for the eight (8) CNG buses will be
$2,577,088.00 instead of $3,221,360.00.
Two of the ten vehicles were going to be purchased using Vehicle Capital
Replacement Grant (VCR0108(22)522) in the amount of $724,192.00. The Texas Department of Transportation did
not permit the use of this grant to purchase these two buses.
Motion to
approve.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8
Against: 0 Abstain: 0
Motion to
adjourn as the Laredo Mass Transit Board and reconvene as City Council.
Moved: Cm.
Galo
Second: Cm.
Amaya
For: 8
Against: 0 Abstain: 0
XIV. ADJOURNMENT
CITY OF LAREDOCITY COUNCIL MEETINGM-2002-S-08CITY COUNCIL CHAMBERS1110 HOUSTON STREETLAREDO, TEXAS 78040SEPTEMBER 3, 20025:30 p.m. SUPPLEMENTAL AGENDA I. RESOLUTIONS 1. 2002-R-074 Authorizing the City Manager to submit a grant application to the Federal Aviation Administration Airport Improvement Program and to accept a grant in the amount of $7,432,000.00 (This amount includes an additional $1,100,000.00 that FAA may offer the City of Laredo during FY 02) for the purpose of acquiring land for noise mitigation, constructing a portion of the east side air cargo apron, complete construction of parallel Taxiway J, acquire finger printing equipment and install CCTV monitoring cameras and related security equipment at the Laredo International Airport. The City's ten (10%) percent local match for this project in the amount of $703,556.00 is available in the Airport Land Reimbursement Account. In the event FAA approves an additional $1,100,000.00, an additional $122,222.00 local match will be required bringing the total local match to $825,778.00. (As amended) Motion to approve. Moved: Cm. Galo Second: Mayor Pro Tempore Agredano For: 8 Against: 0 Abstain: 0 II. MOTIONS 2. Authorizing the City Manager to execute a Landlord Estoppel Certificate regarding the lease between the City of Laredo and Jeffrey H. Tamkin and Wife, Joan Tamkin dated May 31, 1979, certifying to HEB Grocery Company, L. P., the terms of that lease and any outstanding issues arising under that lease. Motion to approve. Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 III. ADJOURNMENT Motion to adjourn. Time: 10:00 p.m. Moved: Cm. Galo Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 I, Gustavo Guevara, Jr., City Secretary, do hereby certify that the above minutes contained in pages 01 to 32 are true, complete and correct proceedings of the City Council meeting held on September 3, 2002. _____________________________________ Gustavo Guevara, Jr. City Secretary