CITY OF LAREDO

CITY COUNCIL MEETING

M2005-R-22

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

November 21, 2005

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 Flores called the meeting to order.

III. ROLL CALL

In attendance:

Elizabeth G. Flores, Mayor

Alfredo Agredano, Council Member, District I

Hector Garcia, Council Member, District II

John C. Galo, Council Member, District III

Johnny Amaya, Council Member, District IV

Johnny Rendon Council Member, District V

Gene Belmares, Council Member, District VI

Jose A. Valdez, Jr., Mayor Pro Tem, District VII

Juan Ramirez, Council Member, District VIII

Gustavo Guevara, Jr., City Secretary

Larry Dovalina, City Manager

Cynthia Collazo, Deputy City Manager

Horacio De Leon, Assistant City Manager

Rafael Garcia, Assistant City Manager

Jaime Flores, City Attorney

Motion to excuse Cm. Galo from the No Smoking Ordinance Workshop.

Moved: Cm. Belmares

Second: Cm. Garcia

For: 7 Against: 0 Abstain: 0

Cm. Valdez was not present.

IV. MINUTES

Approval of the minutes of September 16, 2005.

Motion to approve.

Moved: Cm. Agredano

Second: Cm. Ramirez

For: 7 Against: 0 Abstain: 0

V. COMMUNICATIONS AND RECOGNITIONS

Announcements

None.

Invitations

None.

Recognitions

a. Recognition of the City of Laredo Youth Exchange Committee.

Juniors

Britney Rodriguez Alexander High School

Michael Castillo Cigarroa High School

Erica L. Lopez Lyndon B. Johnson High School

Jose M. Chavana Martin High School

Mark Gonzalez Nixon High School

Karissa A. Lozano St. Augustine High School

Eduardo Gonzalez United High School

Danny Martinez United South High School

Seniors

Elizabeth Aguilera Cigarroa High School

Javier O. Torres Lyndon B. Johnson High School

Alexis N. Herrera Martin High School

Priscilla Argaiz Nixon High School

Guillermo Huerta St. Augustine High School

Santiago Sandoval United High School

Jonathan Alonso United South High School

Luis Rendon, a Senior at Alexander High School, was attending the Macy’s Thanksgiving Day Parade in New York.

b. Recognition of the Code Enforcement Division Inspectors for receiving the

“Congressional Award to the Code Enforcement Division Inspectors for distinguished and outstanding service and dedication to the Community, the State, and the Nation”.

Erasmo Villarreal, Director of Community Development, acknowledged that it was a tremendous honor to receive the Congressional Award. He noted that it is important to recognize them for their efforts on a day to day basis but more so for what they do on the weekends. He emphasized that a lot of their work is done on a volunteer basis during the weekends. They work with the youth that have been given community service by cleaning areas that have litter and graffiti. He specifically recognized Roy Garcia, Code Enforcement Officer, who does an outstanding job and is extremely dedicated to youth and the community.

Roy Garcia introduced the Code Enforcement Division. He thanked the Mayor, Council, and other businesses for supporting the community service program.

c. Recognition of City Attorney Jaime Luis Flores for his recent election to the Board of

Directors for the Texas City Attorneys Association (TCAA).

Larry Dovalina, City Attorney, said that it is always a pleasure to have one of the “City” team members selected and recognized at the state level. He noted that Mr. Flores was elected to the state wide board of directors at the TCAA regular meeting held last month from a slate of 14 nominees. Their mission is to continue legal education of municipal attorneys to certify municipal attorneys, to provide a professional network for those attorneys to meet, and discuss issues with each other.

d. Presentation of certificates to the Mayor and City Council Members by Ms. Estella

Quintanilla on behalf of Laredo Independent School District (LISD) Crimestoppers.

Ms. Estella Quintanilla thanked the Mayor and City Council for their support. She added that the Laredo Independent School District won five different awards at a conference that was held in Austin. She recognized students from the district that participated in different projects at the conference.

Communiques

a. Mayor Elizabeth G. Flores reports on the City of Laredo Legal Department.

The City’s Legal Department is our in-house law firm consisting of six lawyers and two paralegals. As General Counsel, the department also counts on the services of several outside contract attorneys who provide assistance in some litigation and specialty areas. For the most part, however, our six in-house counsel meet the department’s mission of providing legal representation before all courts of law, drafting or reviewing all legal documents involving city transactions and rendering legal advice to this governing body and to all city departments.

While it is quite impossible to measure the number of “calls to legal” for guidance and advice, we do estimate that on average our six attorneys provide between 700-1000 telephone or in-person consultations and legal opinions per month. Attorneys also provide legal advice and problem-solving in numerous meetings and conferences every day in staff meetings, planning and zoning meetings, staff advisory and ad-hoc sub-committees meetings, such as engineering, water issues, charter revision, airport advisory, telecommunications, civil service, health benefits, environmental, parks, El Metro, third party funding and others. And of course, the City Attorney also provides legal counsel at all City Council meetings and legal opinions as requested on all questions of municipal law and the City Charter.

Speaking of which, every item that we have before us tonight, whether in the form of ordinances, resolutions, motions, or contracts, has passed through one of our six attorneys’ hands. Easily, that means somewhere around 6,000 items a year. Regarding city contracts, of course, there is almost always intense preparation, review, negotiation and drafting involved, and our attorneys are there on them all, from real estate matters, to purchases, to service agreements, leases, acquisitions, tax, health, international matters to... you-name-it... our attorneys are on top of them, zealously guarding the best interests of the city.

Although a growing city of the size of Laredo is faced with new daily challenges from providing police and fire protection to providing every public service through its 27 departments, service delivery does not go on without some litigation. All attorneys work with lawsuits to some extent, however, the city’s litigation work falls primarily on Mr. Jerry Bruce Cain and Mr. Anthony McGettrick. Both of these gentlemen are experienced litigators with a combined municipal law experience of 35 years. As mentioned previously, some of our cases in court are handled by TML attorneys, that is litigators that work with our city attorneys and who are paid under the city’s TML coverage for litigation. This is where our “small in-house law firm” expands to retain up to 20-30 lawyers at times for different cases.

In addition to these court cases, our Municipal Prosecutor handles around 2,000 Class C misdemeanor cases a year. These are the cases that impact Laredoans on day-to-day basis and that keep our city ordinances and traffic citations enforced. Mr. Ernie Garcia is our primary prosecutor; Ms. Melissa Saldaña is the back-up municipal prosecutor.

The bulk of the legal work for the city, however, gets done with six lawyers and two assistants only. This staff in essence serves all 27 departments, management, the governing body and ultimately every citizen of the City of Laredo. That’s around 30,000 plus citizen clients per attorney, since city attorneys ultimately represent the interests of the citizenry, given that practically every facet of municipal work affecting the interests of Laredoans requires a legal transaction or ordinance to make it happen.

In the Legal Department, each attorney is assigned specific departments, and each attorney becomes not only an expert on, but also, and just as importantly, a virtual member of his or her assigned departments. For example, one attorney handles all matters concerning the Airport, Environmental, Administrative Services, MIS, Sanitation, and Utilities departments. That attorney is Ms. Valeria Acevedo. Similarly, every city attorney is responsible for assisting specific departments.

With close to 100 years of collective municipal law experience, the department is well-prepared to guide the City of Laredo in serving the public in every way. I’d like to close by individually recognizing our hard-working attorneys and staff... please stand up as I call your names:

Senior Paralegal, San Juanita De Los Reyes ( 24 years with the City)

Paralegal, Anabel Dovalina (11 years with the City)

Assistant City Attorney, Melissa Saldaña (11 months with the City)

Municipal Prosecutor, Ernesto Garcia (3 years with the City)

Assistant City Attorney, Valeria Acevedo (8 years with the City)

Assistant City Attorney, Anthony McGettrick (15 total years with the City)

Assistant City Attorney, Jerry Bruce Cain (20 years with the City)

and City Attorney, Jaime L. Flores (8 1/2 years with the City)

Edna Garcia, representing MADD, thanked Council for allowing her to share the recognition that was given to DWI Law Enforcements. MADD’s mission is to stop drunken driving, assist victims, and to stop under aged drinking. The only way that the mission can be completed is to congratulate the enforcers and encourage them to continue their hard work.

The Mayor read the following inscription on the plaque that was presented to the enforcers:

“In recognition of your exemplary efforts in DWI enforcement contributing to thousands of lives saved each and every day on America’s Roadways. Mother’s against Drunk Driving honors your commitment to traffic safety for your community and your country.”

Webb County District Attorney’s Office

The Honorable Danny Valdez

George Altgelt, District Attorney’s Office

Eddie Torres, Agent from Texas Alcohol and Beverage Commission

Orlando Alaniz, Lieutenant from the Department of Public Safety

Frank Lopez, Trooper

Webb County Sheriff’s Office

Laredo Police Department

Cm. Agredano apologized to the Parks and Recreational Department for forgetting to mention them at the last City Council meeting. He praised their efforts in preparing for his annual 5 K run which allows him to raise monies for graduating seniors in South Laredo. He also thanked the Police, Fire, Community Development, and Health Department for assisting in the 5 K run. He went on to say that in the last eight years it has been his privilege to be able to distribute over 400 turkeys to families that are less fortunate. He hoped that all individuals would have a wonderful Thanksgiving. He especially mentioned that everyone should be thankful to the people that are serving in the armed forces. He applauded the local veterans for celebrating Veteran’s Day.

Cm. Garcia noted that he had traveled to Montemorelos with the City Manager and City Secretary to sign a Sister City agreement. He said that it was a beautiful ceremony that was well attended. He also wished the Alexander High School Band a wonderful and safe trip to the Macy’s Parade in New York City, New York. He added that he would be distributing over 100 turkeys to District II families that are less fortunate. He mentioned that a reporter had asked him what he was thankful for and he replied that he is thankful for the strength that God has given his family. He stressed that his family and friends have provided the love they need to carry on after the death of his loving mother and brother. He said that he is grateful to everyone for expressing their kindness and prayers to his family.

Cm. Galo thanked the Veterans for all of their sacrifices throughout the years. He asked the community to join him in thanking the local veterans. He mentioned there is so much to be thankful for including the Feast of Sharing. He said that over 12,000 plates were served to less fortunate families. He thanked the Laredo Police Department for dispersing cruisers to organize with Code Enforcement to issue citations to offenders that park on the side walks downtown. He congratulated the Nixon Mustangs and United Longhorns for playing great football games. He thanked everyone and wished everyone a wondrous and safe Thanksgiving.

Cm. Amaya said that he had attended a ribbon cutting ceremony at Katherine Tarver School. He noted that it is a beautiful school. He exemplified City employees, local judges, and businesses for donating their time and monies to beautify his district by removing 34 bags of litter and painting 120 sites that were covered with unlawful markings. Finally, he mentioned the District IV Turkey give-away where 150 families will receive a turkey.

Cm. Rendon wished all of the community a wonderful and happy Thanksgiving Day. He noted that he looks forward to spending time with his family. He also invited the community to attend the ceremony that will officially name the park on Park and Hillside the Blas Castaneda Park.

Cm. Belmares mentioned that he had attended a ceremony at the South Texas Food Bank. He encouraged the community to continue to donate to the South Texas Food Bank because they do excellent work in the community and provide food to families that are less fortunate. He said that he traveled to Rio Grande City to watch the United Longhorns football team play Los Fresnos. He said it was a wonderful game. He also mentioned the Nixon Mustangs football team and their game against PSJA. He said that the young men are a tribute to their parents, coaching staff, and the community. He also mentioned that an excellent coach from Alexander, Alfredo Espinoza, had announced that he will retire. He said that he is an outstanding coach who was a great influence on hundreds of young men throughout the years. He wished him the best of luck in the future. He also wished everyone a happy Thanksgiving.

Mayor Pro Tempore Valdez thanked Alexander High School for inviting him to attend their “Kick-Off” to the Macy’s Day Parade. He also congratulated Coach Alfredo Espinoza on his retirement from Alexander. He wished the community a Happy Thanksgiving and noted that people should not drink and drive through the holiday season.

Cm. Ramirez wished everyone a Happy Thanksgiving. He acknowledged the soldiers that are serving during the holidays and prayed that they return home safely.

Mayor Flores thanked the Laredo Independent School District Crime Stoppers for presenting a certificate of appreciation to members of the Council and the Mayor for continued support of their program.

Moises Goldberg, Economic Secretary of Guadalajara, thanked the Mayor,

Councilmembers, and staff on behalf of the Mayor from Guadalajara Emilio Gonzales Marcos for doing a tremendous job with the recent celebrations. He mentioned that he spoke with City Secretary Gustavo Guevara and Patricia Taylor, Convention and Visitor’s Bureau Director, about signing an agreement to bring a fashion parade from Guadalajara for the 250^th Celebration Anniversary. He mentioned initiating a cultural exchange with the universities and businesses.

Mayor Flores thanked the individuals that strive to make Laredo a wonderful place to live. She noted that she receives criticism when she says “my Laredo” but feels that it is her home and she can say “my Laredo” like any other person. Laredo is a very special place to live. She thanked the Chief of Police and his officers for providing a safe community. She said it is very important for everyone to remember the families that are struggling to provide safety for families. She noted that safety is provided by the efforts of different entities. She went on to discuss a trip to Washington. She said that she met with Senator Hutchinson, Senator Cornyn, Congressman Bonilla, and more importantly Secretary of Homeland Security, Michael Chertoff. She noted that he is not supporting a “wall” but is supporting technology that will speed the process without compromising border safety. Finally, she mentioned an delightful interchange that she had with the ambassador from Canada while eating breakfast at the Whitehouse.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Appointment by Council Member Gene Belmares of Tony Vedia to the Plaza Theater

Renovation Committee.

Motion to approve.

Moved: Cm. Agredano

Second: Cm. Valdez

For: 8 Against: 0 Abstain: 0

VII. PUBLIC HEARINGS

1. Individual Public Hearings for the voluntary annexation of ten (10) tracts of land :

Jesus Sanchez noted that he had mixed feelings regarding the annexations. He asked City Council to consider the colonias in their decision making.

Luis Alfonso Diaz De Leon, said that he wanted to focus on the fact that besides Tanquesitos, which we have included in the annexation, there are many other colonias that are not receiving sewer or water. He said that it looks like the City is bypassing them and incorporating 867.81 acres in addition to what they already have. He noted that he cannot understand why colonias are not provided water and sewer year after year. He went on to say that he objects to further annexation until the current colonias have the same privileges as other City tax payers.

Larry Dovalina, City Manager, informed Council that the Tanquesitos that is identified in the annexation is not a colonia.

Mayor Flores advised that the annexations are volunteer annexations that have been requested by the property owners.

o Tract 1: San Isidro Northeast Tract– 440.32 acres, more or less;

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Amaya

For: 8 Against: 0 Abstain: 0

Cm. Belmares said the he has talked to the developer and he will be building the proper infrastructure necessary for the water needs.

Motion to close the public hearing.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

o Tract 2: Killam Ranch Tract– 13.00 acres, more or less;

Motion to open the public hearing.

Moved: Cm. Belmares

Second: Cm. Galo

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing.

Moved: Cm. Galo

Second: Cm. Agredano

For: 8 Against: 0 Abstain: 0

o Tract 3: Hurd Ranch I Tract – 92.13 acres, more or less;

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.

Moved: Cm. Galo

Second: Cm. Belmares

For: 8 Against: 0 Abstain: 0

o Tract 4: Hurd Ranch II Tract – 37.26 acres, more or less;

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Belmares

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing.

Moved: Cm. Belmares

Second: Cm. Valdez

For: 8 Against: 0 Abstain: 0

o Tract 5: Hector Gaona Tract – 0.33 acres, more or less;

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.

Moved: Cm. Galo

Second: Cm. Belmares

For: 8 Against: 0 Abstain: 0

o Tract 6: Rolando Gaona Tract – 0.74 acres, more or less;

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Belmares

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing.

Moved: Cm. Belmares

Second: Cm. Galo

For: 8 Against: 0 Abstain: 0

o Tract 7: Las Misiones Tract – 0.71 acres, more or less;

Motion to open the public hearing.

Moved: Cm. Galo

Second: Cm. Belmares

For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing.

Moved: Cm. Belmares

Second: Cm. Valdez

For: 8 Against: 0 Abstain: 0

o Tract 8: Carrasco Tract -23.39 acres, more or less;

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.

Moved: Cm. Belmares

Second: Cm. Galo

For: 8 Against: 0 Abstain: 0