CITY OF LAREDO
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
1110 HOUSTON STREET
LAREDO, TEXAS
5:30 P.M.
MINUTES
M97-R-19 JUNE 2, 1997
I. CALL TO ORDER
With a quorum present Mayor Saul N. Ramirez, Jr. called the
meeting to order.
II. PLEDGE OF ALLEGIANCE
Mayor Saul N. Ramirez, Jr. led in the Pledge of Allegiance.
III. ROLL CALL
IN ATTENDANCE:
SAUL N. RAMIREZ, JR., MAYOR
JOSE R. PEREZ, COUNCILMEMBER, DISTRICT I
LOUIS H. BRUNI, " , DISTRICT II
ALFONSO I. CASSO, " , DISTRICT III
CECILIA MAY MORENO, " , DISTRICT IV
ELISEO VALDEZ, " , DISTRICT V
JOE A. GUERRA, " , DISTRICT VI
MARIO GEORGE ALVARADO, " , DISTRICT VII
CONSUELO MONTALVO, " , DISTRICT VIII
GUSTAVO GUEVARA, JR., CITY SECRETARY
FLORENCIO PENA, CITY MANAGER
JAIME L. FLORES, CITY ATTORNEY
Motion to waive the regular order of business and move up items
D-(4),(5),(6), E-(1),(2),(3),(4), and (6).
Moved : Cm. Valdez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
IV. INTRODUCTORY ORDINANCES
2. Authorizing the City Manager to execute all necessary
documents to effectively convey fee simple title to Marcel
C. Notzon, II and wife Nora Lee Notzon for the sale at fair
market value of "The Surface Only" of certain properties
described as being 0.3542 of an acre (15,432 square feet)
more or less of a tract of land out of the former South
Buena Vista Avenue between Chacota and Tinaja Streets, also
known as the 2600 block of South Buena Vista Avenue; and a
0.3542 of an acre (15,432 square feet) more or less of a
tract of land out of the former Chacota Street between South
Buena Vista and Tapeyste Avenues, also known as the 1800
block of Chacota Street, situated in the Eastern Division,
City of Laredo, Webb County, Texas, providing for an
effective date.
Ordinance Introduction: City Council
3. Authorizing the abandonment and vacating of a 17.7 wide
alley dedicated for public use in Block 893, Eastern
Division, City of Laredo, Webb County, Texas, which
traverses the middle of said block from east to west through
its entire length, and abuts the north side of Lots 7, 8, 9,
10, 11, and 12, and abuts the south side of Lots 1, 2, 3, 4,
5, and 6, and providing for the reversion of the public's
interest in said alley to the abutting landowners, and
providing for an effective date.
Ordinance Introduction: City Council
V. FINAL READINGS
Motion to waive the final reading of ordinances #97-O-119,
#97-O-120, #97-O-121, #97-O-122, #97-O-123, #97-0-124,
#97-O-125, and #97-O-126.
Moved : Cm. Perez
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
4. 97-O-119 Ordinance amending the zoning ordinance (Map) of
the City of Laredo by rezoning the west 46.3 feet
of Lot 3, Block 1059, Eastern Division, located at
1915 Norton Street from R-3 (Mixed Residential
District) to B-3 (Community Business District);
providing for publication and effective date.
(Jose R. Perez Jr.)
Motion to approve Ordinance #97-O-119.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
5. 97-O-120 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning all of Block 1777,
Eastern Division, located north of Diaz Street
between New York Avenue and Canada Avenue, from R-2
(Multi-Family Residential District) to R-3 (Mixed
Residential District); providing for publication
and effective date. (Jose R. Perez Jr.)
Motion to approve Ordinance #97-O-120.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
6. 97-O-121 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning Lot 8, Block 2031,
Eastern Division, located at 3220 Santa Barbara
Street from R-3 (Mixed Residential District) to B-1
(Limited Business District); providing for
publication and effective date.
(Jose R. Perez Jr.)
Motion to approve Ordinance #97-O-121.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
7. 97-O-122 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning Lot 2, Block 600,
Eastern Division, located at 1217 Hendricks Avenue
from B-1 (Limited Business District) to R-O
(Residential/Office District); providing for
publication and effective date.
(Alfonso I. "Poncho" Casso)
Motion to approve Ordinance #97-O-122.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
8. 97-O-123 Ordinance amending Zoning Ordinance (Map) of the
City of Laredo by rezoning Lot 4, Block 1412,
Eastern Division, located at 2414 Market Street
from R-3 (Mixed Residential District) to B-1
(Limited Business District); providing for
publication and effective date.
(Alfonso I. "Poncho" Casso)
Motion to approve Ordinance #97-O-123.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
9. 97-O-124 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning the west 2/3 of Lot
1, Block 876, Eastern Division, located at 2719
Meadow Avenue from R-3 (Mixed Residential District)
to B-1 (Limited Business District); providing for
publication and effective date.
(Cecilia May Moreno)
Motion to approve Ordinance #97-O-124.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
10. 97-O-125 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning Lot 1, Block 448,
Eastern Division, located at 119 East Bustamante
Street from R-3 (Mixed Residential District) to B-4
(Highway Commercial District); providing for
publication and effective date.
(Eliseo Valdez, Jr.)
Motion to approve Ordinance #97-O-125.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
11. 97-O-126 Ordinance amending the Zoning Ordinance (Map) of
the City of Laredo by rezoning the north 60 feet of
the south 110 feet of the east 48 feet and the
southeast corner 50 x 148 feet of the south 1/2 of
Block 41, Calton Gardens Subdivision, located at
4602 and 4604 San Francisco, from B-1 (Limited
Business District) to B-3 (Community Business
District); providing for publication and effective
date. (Joe A. Guerra)
Motion to approve Ordinance #97-O-126.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
VI. RESOLUTIONS
12. 97-R-058 Resolution requesting financial assistance from the
Texas Water Development Board for the issuance of
City of Laredo, Texas Subordinate Sewer System
Revenue Bonds, Series 1997 in the aggregate
principal amount of $340,000.00.
Motion to consider item #30 in conjunction with
this item.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
Motion to approve Resolution #97-R-058.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
13. 97-R-059 Resolution requesting financial assistance from the
Texas Water Development Board for the issuance of
City of Laredo, Texas Subordinate Waterworks System
Revenue Bonds, series 1997 in the aggregate
principal amount of $845,000.00
Motion to approve Resolution #97-R-059.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
VII. MOTIONS
14. Authorizing the City Manager to submit a grant application to
the Texas Department of Health for continuation of the
Maternal and Child Health (MCH) Program and the (MCH) Health
Education Project of the City of Laredo Health Department for
the period beginning September 1, 1997, through August 31,
1998, in the amount of $638,000.00.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
15. Approval of bid specifications and authorization to advertise
for bids for the following:
a) copier rental program - Purchasing Division
b) replacement lights, Market Street Tennis Court - Parks
and Recreation Department
c) Combination catch basin vacuum/jet rodder truck -
Utilities Department
d) RFP - pay telephone services - Purchasing Division
e) activity books/t-shirts - Environmental Engineering
Division
A tentative bid award is scheduled for July 7, 1997.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
16. Approval to reject the sole bid received in the amount of
$137,437.50 for the Alma Pierce Drainage Improvements Project
which is approximately 35% over the project budget, and
authorization to modify the construction plans and re-bid the
project.
Florencio Pe¤a, Interim City Manager, stated that they will
combine this project with the Herradura/Rancho Viejo Drainage
Improvements to see if they can possibly get a better price.
Motion to reject the sole bid received in the amount of
$137,437.50 for the Alma Pierce Drainage Improvements Project
and authorization to modify the construction plans and re-bid
the project.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
17. Approval of the construction plans and specifications and
authorization to advertise for bids for the Herradura/Rancho
Viejo Drainage Project at Lowry Farms and Rancho Viejo
Subdivisions to alleviate localized flooding with tentative
award on July 7, 1997. This project is to be advertised in
combination with the Alma Pierce Drainage Improvements
Project in hopes that a larger project may encourage more
competitive bids. Funding is available in the Capital
Improvement Fund.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
18. Approval of the construction plans and specifications and
authorization to re-bid the Father Charles McNaboe
Recreational Complex. A tentative bid award is scheduled for
July 7, 1997.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
19. Authorize the purchase of fifteen portable radios for the
Police Department through the Houston Galveston Area Council
of Governments (HGAC) -Cooperative Purchasing Program, in the
total amount of $28,650.00. These voice secure radios will
be purchased through the cooperative purchasing contract
vendor Motorola. Delivery of these radios is expected within
sixty days.
Cw. Moreno wants a report as to how many radios have been
purchased for the past five years.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
20. Award of contract to the LOW BIDDER, Laurel Battery Co.,
Laredo, Texas, in the estimated amount of $11,873.09, for the
purchase of automotive batteries for the City's fleet. This
contract will be for a period of one year. All batteries are
purchased on an as needed basis. No battery inventory is
maintained at the maintenance facility. The contract pricing
is approximately 10% higher than the previous contract
period. A total of two bids were received for this purchase.
Funding is available in the Fleet Maintenance Fund. City
Council, at their meeting of April 21, 1997, rejected bids
and authorized staff to solicit new bids for the purchase of
this commodity.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
21. Award of a construction contract to the LOWEST BIDDER, the
Stewart Company, Laredo, Texas, in the amount of $55,308.00
for the purchase of a new air conditioning system and its
accompanying roof structural support for the Bridge
Administration Building located at the Juarez-Lincoln
International Bridge No. 2. Two bids were received for this
project. Funding is available in the Bridge System
Construction Project Bridge Improvements.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
22. Award of annual supply contract to the LOW BIDDER, Hersey
Meters, Cleveland, NC, in the estimated amount of $79,909.66,
for the purchase of water meters for the Utilities
Department. The bid pricing is approximately 7% higher than
the previous contract pricing. A total of five bids were
received for this purchase. Funding is available in the
Utilities Department -Water Transmission and Distribution
Account.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
23. Award of annual supply contracts to the LOW BIDDERS, US
Filter Distribution Group, Laredo, Texas ($255,051.02), and
Industrial International, San Antonio, Texas ($17,817.72),
for the purchase of water works materials for construction
and repair projects by the Utilities Department. The City
received three bids for an annual supply contract for
providing water materials such as service saddles, couplings,
and valves for the Utilities Department - Water operations.
The bid pricing is approximately 3% higher than the previous
contract pricing. Funding is available in the Utilities
Department.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
24. Award of six month supply contract to the SOLE BIDDER,
Arguindegui Oil Co., Laredo, Texas in the estimated amount of
$28,845.46, for the purchase of lubricants for the Fleet
Maintenance Division. The bid pricing will be firm during
this six month period and all items will be purchased on an
as need basis. The bid pricing is approximately 10% higher
than the previous contract period. Funding is available in
the Fleet Maintenance Fund.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
25. Approval of an emergency repair contract to Holt Company of
Texas, Laredo, Texas, in the estimated amount of $37,000.00,
for repairs to a 1994 Caterpillar D8N dozer. Extensive
repairs are needed to the undercarriage of this dozer. This
equipment is vital to the operation of the City landfill and
staff is requesting City Council authorization to proceed
with these repairs. The replacement cost for this equipment
is approximately $370,000.00. With these repairs the City
anticipates using this equipment for three more years.
Funding is available in the Landfill Fund.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
26. Approval of amendment no. 1, an increase of $14,330.00 to the
engineering contract with Mejia Engineering Company, Laredo,
Texas, to add the design and preparation of plans and
specifications for the widening of Bustamante Street between
Meadow Avenue to Foster Avenue, and the widening of Meadow
Avenue between Saunders Street to Bustamante Street; to the
18 Inch Diameter Sanitary Sewer Main Project along Bustamante
Street from Meadow Avenue to East San Francisco Avenue at
Zacate Creek, part of an EDA Grant. Original a/e contract was
for $74,767.00. This amendment will bring that total to
$89,097.00. Funding is available in the EDA Airport/Medical
Park. This amendment no. 1 is contingent upon approval by
Economic Development Administration (EDA).
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
27. Approval of amendment no. 4, an increase of $11,550.00 to the
Resident Project Representative Services Contract (inspection
services) with Hickey and Associates, Inc., Laredo, Texas,
for the New Federal Aviation Administration (FAA)
Requirements to provide additional uninterrupted inspection
services. New contract amount including amendment no. 4 is
$278,534.80. Funding is available in the Airport
Construction Fund.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
28. Authorizing the sale by competitive bids of the following two
city owned properties to the highest bidders:
1.) Jesse, Hector and George Martinez "Partnership" for the
sale of the "Surface Only" of Lot 2, Block 2165-A,
Eastern Division, located at the 2400 block of Diaz
Street in the amount of $93,505.65, and
2.) Cesar Cabello for the sale of the "Surface Only" of a
0.3543 of an acre (15,433.46 square feet) tract of land
out of that former section of Martin Avenue between
Laredo and Guadalupe Streets, located at the 1200 block
of Martin Avenue in the amount of $35,000.00 and being
more particularly described by metes and bounds.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
Florencio Pe¤a, Interim City Manager, stated that this
authorized to award the contract to the highest bidder, but
they still have to come back with an ordinance to allow for
the transfer of the property.
VIII. CITY MANAGER'S REPORT
29. Authorizing the City Manager to enter into a renewed
interlocal agreement for FY 1996-97 between the City of
Laredo and County of Webb in the amount of $60,000.00 for
locally supported public health services to non-Laredo
residents of Webb County, for the period beginning March 18,
1997, through September 30, 1997.
Motion to approve.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
30. Presenting a status report on the progress of the water and
wastewater Colonias project.
Fernando Roman, Utilities Director, explained that the
upgrade consists of two parts, resolutions and the timelines
plus where they are with respect to finalization of the
project.
The resolutions are a requirement of the Texas Water
Development Board in support of bonds that will cover the
lower portion of this project. The colonias project has
approximately 85-90% grant portion and 10-15% loan portion.
He explained that the way the State of Texas structures this
is that they know when we accept the existing population (in
this case the colonias have 560 households), and that we
immediately gain customer base of that. That to us this
represents about $250,000.00 to $300,000.00 a year worth of
revenues, of those revenues a certain percentage of that (if
those 560 residents live in town) approximately 40-50% of the
revenues will be used by us to pay for debt service.
Following that rational the state takes that amount of money
and they figure how much that customer base can support in
bonds. That is why we have the resolutions and the amount of
money to be issued plus it represents no impact on the
existing customers.
He added that the timelines have not been projected as of
today and concluded by reporting that they are one month
behind schedule.
Eddie Garza, from Crane Engineering and representing Paul
Garza Engineering, reported that on the financial side the
only thing that is pending is the review by the Texas Water
Development Board. On the environmental side, pending are
the reviews from Texas Historical Commission, Texas Parks &
Wildlife, U.S. Army Corps of Engineers, and the Texas
Boundary & Water Commission. On the technical side all the
necessary work has been completed.
Cm. Bruni went on record opposing the oversizing of the
lines.
31. Status report concerning the New Main Library.
Janice Weber, Library Director, reported that CP&L is
producing the delay, but that it will be done by next week.
The contractor will finish the work within 10 weeks after
getting power from CP&L. They are looking at acceptance of
the building by City Council by September 1st and might be
ready to open by the 2nd week in November.
32. Request for confirmation of City Manager's recommendation for
appointment and employment to the position of Laredo Fire
Chief.
Florencio Pena, City Manager, announced his recommendation of
Mike Garza to the position of Fire Chief.
Motion to confirm the nomination of Mr. Mike Garza for the
position of Fire Chief.
Moved : Cw. Moreno
Second: Cm. Perez
For: 3 Against: 5 Abstain: 0
Cm. Perez Cm. Bruni
Cw. Moreno Cm. Casso
Cm. Montalvo Cm. Guerra
Cm. Alvarado
Cm. Valdez
Mayor Ramirez vetoed the motion.
Motion to reaffirm the count.
Moved : Cm. Perez
Second: Cw. Montalvo
For: 3 Against: 5 Abstain: 0
Cm. Perez Cm. Bruni
Cm. Moreno Cm. Casso
Cm. Montalvo Cm. Guerra
Cm. Valdez
Cm. Alvarado
Mr. Pena advised that Tomas Ramirez was the second candidate
recommended by the committee and that at the next council
meeting he will be bringing his name forth for nomination.
IX. COMMUNICATIONS
Cm. Alvarado announced that he will be absent on June 16th
due to Navy active duty training for two weeks.
Motion to excuse Councilman Alvarado.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
X. CITY COUNCIL DISCUSSION AND PRESENTATION
33. Requests by Mayor and City Councilmembers for discussion and
presentation.
A. Requests by Mayor Saul N. Ramirez, Jr.
1. Recognizing Jessica Vela (age 9, St. Peters Memorial School,
4th grader) daughter of Antonio and Petra Vela, for placing
third in the state of Texas, in the 1997 U.S. Savings Bonds
National Student Poster Contest, sponsored by the United
States Department of the Treasury.
Mayor Ramirez presented Miss Jessica Vela with a Certificate
of Recognition.
2. Appointing my nominee, Leopoldo Flores, to the Ad Hoc
Ordinance Review Committee.
Motion appointing Leopolodo Flores to the Ad Hoc Ordinance
Review Committee.
Moved : Cm. Guerra
Second: Cm. Valdez
For: 8 Against: 0 Abstain: 0
B. Requests by Councilmember Louis H. Bruni
1. Request for the City Council to authorize the issuance of
subpoenas to the following individuals to appear before the
City Council to be examined and give testimony regarding
alleged financial irregularities and alleged misappropriation
of property at the Fleet Maintenance Division of the City of
Laredo, under Section 2.06 of Article II of the Charter of
the City of Laredo, dealing with the roles and responsibi-
ties of the City Council in regards to inquiries into the
official conduct of any department, agency, office, or
employee of the City of Laredo.
(Co-sponsored by Councilman Alfonso Casso).
1. Carlos Villarreal former Assistant City Manager of the
City of Laredo
2. Joe Aranda former Transportation Department Director of
the City of Laredo
3. Carlos Mendoza former Fleet Maintenance Manager of the
City of Laredo
4. Clemente Gonzalez, Jr., former Fleet Maintenance employee
of the City of Laredo, and
5. Abel J. Salinas owner of United Power Services.
Cm. Bruni stated that on January 9, 1995 he had sent a letter
to prior City Manager Peter Vargas requesting an investiga-
tion into the Fleet Management Department. On May 22, 1995
he sent a follow-up letter since he did not get an answer on
his initial request. He quoted an article which appeared on
the Laredo Morning Times where it says "Goes nowhere, City
Attorney clarifies items of subpoena" he added that he thinks
it is very inappropriate for the City Attorney to be making
comments. It appears to him that he is some kind of elected
official. It says that Mr. Flores however said it remains to
be seen whether the subpoenas are issued. He added that the
next paragraph says, "it has been learned that the audit
dated into early 1996 was initiated by then the Assistant
City Manager, Carlos Villarreal with endorsement of the City
Manager." He wanted to know if the City Attorney made these
comments or if it was a misquote of the Laredo Morning Times
or how this comment came about, because Mr. Carlos Villarreal
did not initiate those audits. They were initiated by the
letters he sent. The newspaper also says, "Flores says that
City Council has authority to issue subpoenas and the
subpoenas are essentially unenforceable because there is no
provision in an ordinance for penalty for contempt or failure
to appear, it goes nowhere".
He asked that council instruct the City Attorney, Mr. Flores,
to generate an ordinance whereby there would be penalties to
employees or ex-employees that don't come in front of council
to be asked questions. He added that he is not saying that
any of the individuals he mentioned are guilty of wrong
doing, what he is saying is that these individuals had first
hand knowledge of what was going on these particular
departments. He was disturbed by the City Attorney's
comments, and added that they are inappropriate. He stated
that whoever was running the department mismanaged the
department and misused taxpayers money. The reason they
wanted to subpoena these individuals was not to say that they
are guilty or innocent or shed them in a negative light, but
to have them come before council and answer several
questions. He feels betrayed by the City Attorney and by the
comments he made because by his comments he was telling these
people that council wanted to talk to them, they did not have
to come, that they are not obligated, and they don't have to
bother and come by. He feels he should have let that
decision made by council.
Cm. Casso stated he was disturbed by the statements made that
the audit was initiated by the Assistant City Manager, which
it was not. He added that there was an audit report since
June 2, 1995 and someone sat on it for 15 months and now it
might be too late to do anything. He said that on the
February 7, 1997 letter from Judy Baber to Mr. Pena she
states that the Internal Audit Division will perform a second
follow-up audit in May 1997 to determine if improvements of
controls are achieved. Cm. Casso wants that audit presented
to council. They are not here to accuse anybody, but trying
to shed some light as to what happened at the Fleet Division.
Mr. Pena stated that the audit has not been started yet, a
follow-up was given in February, 1997, but it will be done
again.
Mayor Ramirez stated that our attorney is correct our
subpoena authority that we have under Charter has "no teeth"
we have no ordinance to guide that subpoena authority that we
have to either produce compliance or provide for penalties.
Mr. Jaime Flores, City Attorney, addressed the issues brought
up by several councilmembers and added that he will work to
expedite to put together an ordinance that does have some
kind of effort in the subpoena powers.
Florencio Pena, City Manager, stated they discussed the
deficiencies in section 2.06 that calls for investigations
and it is one where there is nothing to follow this up.
Cm. Alvarado requested an executive session item at each
council meeting to figure out where this is going and to keep
them up-to-date on the status of this issue.
Motion to instruct the City Attorney to draft an ordinance
whereby it would provide penalties and that it be brought
back to council the first meeting of July. That it tell
council or set steps to follow if this ever happens again in
the future, so that we can bring forward to this council the
people that are involved to ask them to answer questions.
Moved : Cm. Bruni
Second: Cm. Casso
For: 8 Against: 0 Abstain: 0
C. Requests by Councilmember Alfonso I. "Poncho" Casso
1. Discussion and possible action regarding the Wrecker Service
Administrative Investigation by the Risk Management Division.
Cm. Casso stated that he had sent a letter to Florencio Pena,
City Manager, requesting certain documents which he still has
not received and still wants those documents. That according
to a report from Mr. Sanchez from Risk it says that according
to an adjuster from an independent claims agency experienced
in dealing with international stolen vehicle recoveries, the
wrecker charge is based on 5-10% of the recovered vehicles
actual cash value. If that is true, that it is 5-10% of the
recovered vehicles actual cash value, then it is imperative
that the police records are accurate, because he has a police
report, in the section where it states the damage amounts of
the damage vehicle, it was left blank. In another section
where is says "recovery value" they wrote $14,000.00, he has
photos of the vehicles, and it is not worth $14,000. If it
was $14,000.00 and the used the figures provided 5-10%, then
5% will be approximately $700.00 charged and the vehicle is
not worth $14,000.00. He asked that these reports be
properly filled out.
On page 7 of the same report it says, "Interim Chief Police
Dovalina stated in the interview that he was advised by Lt.
Alardin that if the city engaged in this operation with the
Orozco Wrecker, City Code Ordinance 32-182 would be violated.
Then, Lt. Alardin denied knowing that Orozco Wrecker was not
in the rotation schedule and was not aware of the agreement
between Gruas Mora and Orozco would violate the city
ordinance. Cm. Casso stated that what we have here is two
individuals making two contradictory statements, so someone
is distorting the facts. He added that it is either the
Interim Police Chief or Lt. Alardin and wants to know who's
distorting the facts and asked that they go back to clear the
facts.
He expressed that Mr. Alardin has gone on record saying he is
going to sue the City, Cm. Casso, and the Mexican newspaper.
He added that it is his prerogative, however he would like to
know why he is politicking during city time because he has
been going to Cm. Bruni's office during all hours of the day
politicking on behalf of the Interim Chief of Police. The
newspaper also goes to say the reason he is doing this is
because he does not want the Interim Chief of Police as a
Chief of Police. The reason he placed this issue on the
agenda was because a constituent came before him with this
issue, he had no knowledge of the situation, he didn't know
about the rotation list, he looked into it, saw all the
irregularities and problems and that is why he placed it in
the agenda. Yes, it is no secret that he is not for the
Interim Chief of Police because of all the irregularities
that have occurred, the different problems regarding missing
evidence, and because he has not been satisfied with his
performance. He said that the records are not properly
filled out, there is tempering of records, when he was asked
about it, there was a distortion of facts again. He
concluded by saying that his integrity is in question and he
has a problem with him as a public official, so he cannot
give him his endorsement.
Cm. Casso wants to know what the City is going to do, he
wants the city to look into this contradictory statements,
find out whether the Interim Chief of Police is going to
discipline Mr. Alardin for going to Cm. Bruni's office during
working hours to solicit his vote for the Chief of Police,
and what will be done with Mr. Orozco, will we just leave it
as it is or are we going to sanction him for violating the
ordinance. He wants staff to look into a recommendation as
to what they want to do.
2. Status report regarding the Cindy Dovalina case.
Cm. Casso wanted to know the status of the case and if
restitution been made?
Rick Sanchez, Risk Manager, reported that they had spoken to
representatives of the District Office and basically she has
made one payment towards the full restitution. Apparently
she has been requesting through her attorney a hearing or
resetting of her hearing and basically has been kicked back,
but the only payment they have received is only $2,000.00
and the balance is $15,000.00 for full restitution.
Jaime Flores, City Attorney, stated that information from the
District Attorney's Office is that his assistant is working
on that case. There have been $2,000.00 paid to the registry
of the court in restitution, the balance is stilled owed,
there is a hearing set for this Thursday whereby Mrs.
Dovalina will be reporting to the court as to what the status
is. She has received several continuances to the schedule
for payback, and so she should be appearing before the court
to give an explanation as to what the intention is to make
payments. The agreement was that she make full restitution
and after making full restitution that would be the
contingency for giving her any kind of probation, so it is
all entirely possible that as of this Thursday, June 5th the
judge may decide on that matter, that no more continuances
and the matter goes for other penalties.
Cm. Casso stated he wants the monies paid back.
D. Requests by Councilmember Eliseo Valdez, Jr.
1. Discussion and possible action regarding the status of the
connection of San Francisco Avenue (area located behind the
HEB Mercado Grande). (Co-sponsored by Cm. Joe Guerra)
Rogelio Rivera, City Attorney, stated that the item was
discussed in 1995, there was a preliminary cost estimation
done in excess of $1 million and some of the concerns for
that facility was the lack of right-of-way on San Francisco
and the relocation of the major CPL lines that exist in that
street which is a 20 ft. right-of-way. The project is
misaligned which would mean an S-bridge and looking at the
safety aspects, it is not recommended. It is in the flood
plain and it would have to come to the Corp of Engineers and
the FEMA standards. It would have to be designed for the 100
year flood elevation which would entail going into a ramping
to the north and the south to elevate it to the proper
elevation. They had estimated a rough estimate in excess of
$1 million and of course they would have to get into the land
acquisition. This project was never brought up as a Capital
Improvements Project.
Motion to instruct staff to conduct preliminary engineering
for cost estimates for consideration in next C.I.P.
Moved : Cm. Guerra
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
2. Discussion and possible action concerning the placement of
the entire length of Northpoint Avenue into next years Street
Recycling Program.
Motion to approve for consideration.
Moved : Cm. Valdez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
3. Discussion and possible action concerning enhancements to the
concrete landings on either end of the Ash/Blair Pedestrian
Bridge located at the 3100 block of San Francisco Avenue.
Cm. Valdez was concerned with erosion problem.
Rogelio Rivera, City Engineer, reported that they have been
working on Ash/Blair Bridge, and have discussed with Cm.
Valdez enhancing the ramps. However, they did find that the
existing ramps from the landing to the sidewalk area do not
meet ADA requirements. They will probably have to do more
work than anticipated, they have to reconstruct some of the
existing ramps, they will have to find out if this falls down
under Community Development plus will also take a look at the
other bridge. It was only intended to do extension of the
ramps now they are going to have to do reconstruct them.
4. Presentation by Jose Diaz De Leon on the outcome of the El
Portal Contest and to thank the City and Councilmembers for
their support. Discussion on the uplifting of International
Bridge #1 on a historic basis.
Mr. Diaz De Leon thanked the council and staff for their
support on the El Portal Contest which got international
recognition. He stated that the winners are posted on the
Web Page of the City of Laredo under the City Planning tab
section. He would like to see implementation of the
recommendations presented in the contest to provide a
facelift to Bridge I. He would also like to see more
landmarks developed in the historical area.
Mr. Bruce Miller Earl publicly thanked the participants of
the contest.
5. Presentation by Jose Diaz De Leon on concerns of the landmark
ordinance.
Mr. Diaz De Leon stated that the Building Code Department was
too spread out and when they need an inspector he is simply
not available or has very little time. He suggested that a
full time inspector be created to attend to them.
Mrs. Nina Nixon Mendez gave an update on the Benavidez-
Herrera Home Tourist Visitors Center. The council had
approved the submission of a grant on October 25, 1993 in the
amount of $20,000 from ISTEA. Presently they have raised
$20,000 of the required 20% ($50,000) local match required of
which they are short $30,000 and are looking at the Meadows
Foundation and fundraisers by Webb County Heritage
Foundation. She concluded by stating that the project must
be let by August 31, 1999 and if the project is not obligated
by the due date, it will be dropped.
6. Presentation by Denise Cruz concerning the number of
emergency shelters that were available during last weeks
storm, with possible action.
Mrs. Cruz stated that she was seeking answers from Council
why there were no shelters opened. She called 9-1-1 and the
Fire Department to which she received no answers. She was
told that Cigarroa High School was the only shelter opened
that night. She is concerned for people like her who live in
mobile homes.
Mike Garza, Interim Fire Chief, stated that there is no safe
place to shelter people from tornados and that these type of
storms give no preparedness time to adequately warn people
when and where a tornado does touch ground. The reason
Cigarroa was opened was in event of flash floods for the
people in South Laredo who may be in flood areas. His
recommendations were to stay tuned to any media, listen to
media advise, and to seek an area such as a closet with no
objects that may fly around and injure someone. He spoke to
a meteorologist at Corpus Christi National Weather Service
and advised him of Cm. Bruni's concerns primarily in trying
to get a fixed facility in town (a Doppler Radar Facility).
His response to that is that it is correct to look towards
Mexico and see that we are really out of the way as far as
Dopplers are concerned. We have a minimal range of about 20
to 25 miles into Mexico.
Mayor Ramirez stated that besides doing that, they have been
working with the National Guard and the Marine Corps to set
up flying units so that they can bring in their radar
equipment to order, to not only just facilitate their
operations, but also provide a 24-hour coverage that we've
been looking for in a more local way. Even though the
National Weather Service is not too inclined in listening to
our petition to try to address these concerns, we are trying
to find other ways as innovative as can be, in getting the
systems here and recognizing they are expensive to put in and
costly to operate.
Larry Dovalina stated he was ready to make the Civic Center
available should it be needed. He added that since January
1st every radio station in town has what is called an
emergency alert system which is an upgrade from what used to
be the emergency broadcast system. They can simultaneously
broadcast anytime there is eminent danger to assure that the
citizens are warned. In addition to that, the Chief has the
code to blank out every cable channel that is on, so if you
have your TV on to any channel on the cable, he can blank out
the entire cable system to broadcast an eminent warning that
something is happening.
Mayor Ramirez stated that day he did get a Red Cross call,
and called Mr. Dovalina to get shelters opened after the
storm passed because the Red Cross was also concerned with
the flash floods that might occur in South Laredo.
Mr. Garza stated that one of the best preventives is public
education on measures and precautions the public should take
to take care and protect themselves and their families in
these type of situations.
Cm. Casso asked that the Interim Fire Chief give council a
written report on what he plans to do and what procedures and
steps he is going to follow so they can look at them and
follow the suggestion that Cm. Alvarado suggested which is to
start some public access campaign on tornadoes.
Cm. Perez requested staff to explore having a siren for
emergencies.
Mr. Pena stated there is an emergency plan in place, but they
will explore the issue on the sirens.
E. Requests by Councilmember Mario G. Alvarado
1. Presentation by Pete Gallegos on Laredo Police impounding
procedures with discussion and possible action.
Pete Gallegos spoke of an incident where a wrecker was called
and damaged to his equipment was caused by the wrecker
service. He questioned the fact that the officer did not
allow him to call his wrecker of preference when the
ordinance states that the owner shall have the right to
select a tow service. He spent many hours on the wrecker
service with getting the proper equipment and the necessary
work to repair the damages done to his equipment. He wants
the officers to know where the public stands on this
ordinance. He also wants to make sure that the wrecker
service has the adequate equipment to pick up 18 wheel
vehicles and their cargo.
Officer Granados stated that the officers have been advised
that the owner has the right to select his/her wrecker of
preference.
2. Presentation by Washington Middle School's HOST Program and
recognition of their state and national achievements.
Ms. Corina Romero, HOST teacher at Washington Middle School,
spoke of the 43 sixth graders who did peer tutoring for the
5th and 6th grades. They spent approximately 6,000 hours
which they donated to the schools which saved the schools
about $16,000 which they would have incurred if they had
hired tutors. The statistics showed that of the 43 students
tutored 29 passed the TAAS test with the help of the
tutoring. She thanked the council and recognized the
students and mentors involved who were present and who
introduced themselves to the council. Ms. Romero announced
that their school is the only Peer-Mentor Host School in the
United States. She was also recognized for receiving the
Betty Shepard Memorial Award for her efforts and excellent
work.
3. Presentation by Mines Road residents concerning approval and
funding of a traffic signal at the Rancho Viejo/Mines Road
Intersection.
Mr. Howard Wilcox, a resident of La Bota Subdivision,
appeared before the council requesting a traffic signal at
Rancho Viejo and the Mines Road for the safety of the
students into the school areas. He also requested that the
speed limit be lowered from its present speed limit. He
presented the City Secretary a petition with 62 signatures.
Mr. & Mrs. Ismael Gonzalez spoke on behalf of his family,
teachers, and staff in Washington School to request that
serious consideration be given to address the issue of a
traffic light.
Richard F. Flynn stated that more important than a traffic
signal are the street signs and street numbers on every house
in case of an emergency situation occurring in a residence or
an area and asked that council consider that an ordinance be
drafted to this effect for the sake of emergency vehicles.
Luis Landin, Traffic Manager, reported that they have to
coordinate with TxDOT and have to request another study to
lower the speed limit.
Motion to instruct staff to proceed with a speed limit study.
Moved : Cm. Valdez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
Motion to use $45,000 from the $88,000 balance account for a
traffic signal at Rancho Viejo and Mines Road.
Moved : Cm. Alvarado
Second: Cm. Guerra
For: 5 Against: 3 Abstain: 0
Cm. Bruni Cm. Perez
Cm. Casso Cw. Moreno
Cm. Guerra Cm. Valdez
Cm. Alvarado
Cw. Montalvo
Florencio Pena, City Manager, stated that staff has a
priority listing for all projects and recommended traffic
signals and will make a recommendation to the council by
budget time.
4. Discussion and possible action requesting the Traffic
Department to work with TxDOT to reduce the speed limit on
Mines Road.
This item was joined with item #3 above.
5. Request for an update with possible action regarding the
legal status of acquiring the Right of Way on Orilla Avenue
north of Mann Road (Makro Business International, Inc.,
warehouse) and requesting a monthly update on this case.
Rogelio Rivera, City Engineer, reported that they have
finally gotten word from the consultant on the judgement
pending since 1995, however the area has to be platted in
order to complete the construction. He stated that the
information is not all correct and a drawing has been done to
satisfy all concerned.
Florencio Pena, City Manager, stated that the settlement has
been forwarded to the attorney for Makro.
Cm. Alvarado requested that this item be brought back on the
first meeting of every month until its final resolution.
6. Request for funding of a traffic signal at the intersection
of Industrial Boulevard and Santa Maria Avenue from the
$88,000.00, remaining in the General Fund Reserve
Appropriation for Capital Improvements account balance.
Cm. Alvarado presented a one minute video of the area and the
traffic situation.
Mr. Jorge Gonzalez spoke of the concerns of the daily traffic
problems at this location.
Oscar Carrillo, a tenant at the Del Mar Industrial Park,
stated that it's difficult to enter and exit the park.
Mr. Steve LaMantia also spoke of the traffic problems in the
area.
Motion to take the balance of the $43,000 for a traffic light
at Industrial Boulevard and Santa Maria Avenue.
Moved : Cm. Alvarado
Second: Cm. Guerra
For: 2 Against: 6 Abstain: 0
Cm. Guerra Cm. Perez, Cm. Bruni, Cm. Casso
Cm. Alvarado Cw. Moreno, Cm. Valdez and
Cw. Cm. Montalvo
Cm. Casso suggested that staff provide a prioritizing list.
Luis Landin, Traffic Manager, stated that he will provide a
list of all signals that are warranted by the next council
meeting.
Cm. Alvarado requested that this signal be placed on the
priority list.
Motion to waive the rules of order and move item 33.A(1) up
at this time.
Moved : Cm. Guerra
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
7. Discussion with possible action requesting road maintenance
by the Public Works Department on Markley Lane and Orilla
Avenue (Makro Business International, Inc., warehouse area).
Joe Guerra, Public Works Director, reported that Markley Lane
will be finalized by this week.
XI. MOTION TO RECESS AND CONVENE AS THE LAREDO MASS TRANSIT BOARD
Motion to recess as City Council and convene as The Laredo Mass
Transit Board.
Moved : Cm. Perez
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
34. 97-RT-060 Certifying that the Transit Department of the City
of Laredo, Texas is unable to acquire a three-
wheel, street-legal police vehicle as specified in
bid invitation #FY97-092, using compressed natural
gas at a project cost that is reasonably expected
to result in no greater net cost over the use of
gasoline, measured over its expected useful life.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Bruni
For: 6 Against: 0 Abstain: 0
(Cm. Bruni and Cw. Montalvo were temporarily out.)
35. Award of a contract to the SOLE BIDDER MEETING SPECIFICA-
TIONS, White Bear Sales, Inc., Milwaukee, Wisconsin, in the
amount of $18,500.00 for the purchase of one three-wheel,
street legal police vehicle, GO-4 Model BT-57, for parking
enforcement and security at the Laredo Transit Center.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
36. Authorization to sell surplus vehicles to the highest bidder
consisting of:
a) 1969 GMC
b) 1982 Gillig
c) 1989 Ford
Said vehicles have exhausted their lives; all items are being
offered "as is" with no implied or express warranties or
claims of serviceability.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
37. Authorize the cancellation of the purchase contract with
Design Source, Laredo, Texas, in the amount of $8,766.87, for
the purchase of office desks for the new Transit Center and
award a new contract to next low bidder, Executive World,
Laredo, Texas, in the amount of $9,635.00, for the purchase
of this furniture. Design Source has indicated that they are
closing their business and cannot deliver the requested
furniture. Delivery of this furniture is expected within
four weeks.
Motion to approve.
Moved : Cm. Perez
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
Motion to adjourn as the Laredo Mass Transit Board and
reconvene as City Council.
Moved : Cm. Guerra
Second: Cw. Montalvo
For: 8 Against: 0 Abstain: 0
XII. ADJOURNMENT
Motion to adjourn.
Moved : Cm. Perez
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
I HEREBY CERTIFY THAT THE ABOVE MINUTES CONTAINED IN PAGES 01 TO 27
ARE TRUE, COMPLETE, AND CORRECT PROCEEDINGS OF THE REGULAR CITY COUNCIL
MEETING HELD ON THE 2ND DAY OF JUNE, 1997. A CERTIFIED COPY IS ON FILE
AT THE CITY SECRETARY'S OFFICE.
________________________
GUSTAVO GUEVARA, JR.
CITY SECRETARY