CITY OF LAREDO
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
1110 HOUSTON STREET
LAREDO, TEXAS 78040
5:30 P.M.
M99-R-01 M I N U T E S January 4, 1999
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 called the meeting to order.
III. ROLL CALL
IN ATTENDANCE:
Elizabeth G. Flores, Mayor
Alfredo G. Agredano, Councilmember, District I
Louis H. Bruni, Councilmember, District II
John C. Galo, Councilmember, District III
Cecilia May Moreno, Councilmember, District IV
Eliseo Valdez, Councilmember, District V
Joe A. Guerra, Councilmember, District VI
Mario Alvarado, Councilmember, District VII
Consuelo "Chelo" Montalvo, Councilmember, District VIII
Gustavo Guevara, Jr., City Secretary
Florencio Pena, III, City Manager
Jerry Bruce Cain, Assistant City Attorney
IV. MINUTES
1. City Council Meeting, November 16, 1998
City Council Workshop, December 14, 1998
Cm. Bruni stated there were corrections on both minutes. On
page 25, November 16th, 1998, first paragraph there are
first names corrections: former Governor Dolph Briscoe not
"Dole", Mr. Gene Walker instead of "Jim", and Mr. Lewis
Bracey instead of "Louis". Also on this same meeting, Cm.
Valdez spoke of the seed money not "seat money".
On December 14, 1998 minutes there is one correction where
it reads "grime" water, should be "brine" water.
Motion to approve the minutes as corrected.
Moved : Cm. Galo
Second: Cm. Alvarado
For: 8 Against: 0 Abstain:
0
Motion to consider item #22 at this time.
Moved : Cm. Galo
Second: Cm. Agredano
For: 8 Against: 0 Abstain:
0
V. INTRODUCTORY ORDINANCE
2. Amending Article II, titled "Administration and
Enforcement," Division 2, titled "Transportation and Traffic
Safety Advisory Committee, of Chapter 19, of the City of
Laredo Code of Ordinances, thereby revising Section 19-51,
to delete item (3) which refers to advising the City Council
and City Manager on issues pertaining to the operation of
the Municipal Transit System.
Ordinance Introduction: City Council
3. Adding New Section 19-541 titled "Transit Committee" of
Article XII, titled "Transit System" of Division 1, titled
"Generally" of Chapter 19, of the City of Laredo Code of
Ordinances, thereby, establishing the Transit Committee;
providing for three members; setting forth its duties; and
providing for effective date.
Ordinance Introduction: City Council
VI. FINAL READING
Internet Available: http://www.cityoflaredo.com
Motion to waive the final reading of ordinances #99-O-001,
#99-O-002, #99-O-003, #99-O-004, #99-O-005, #99-O-006, and
#99-O-007.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain:
0
4. 99-O-001 Ordinance authorizing the City Manager to execute a
Lease Agreement between the City of Laredo Airport
Fund, as LESSOR, and the City of Laredo Public Works
Department as LESSEE, for a tract of land containing
approximately 45,750 square feet located at 4402
Daugherty Avenue at the Laredo International Airport.
1. Lease term is for one year commencing on
December 1, 1998 and ending on November 30, 1999.
2. Monthly rent shall be $754.22.
(City Council)
Motion to approve Ordinance #99-O-001.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
99-O-002 Ordinance authorizing the City Manager to execute all
necessary documents to effectively convey fee simple
title to the United States of America, General
Services Administration for the sale, at its market
value, of certain City property described as a tract
of land consisting of 15,432.35 square feet (55.56' x
277.76) more or less, of the 1000 block of Salinas
Avenue between Washington and Victoria Streets and
being bounded on the east by Block 172, W.D. and on
the west by Block 171, W.D. Said street situated in
the Western Division, City of Laredo, Webb County,
Texas; provided however, that the City of Laredo will
retain the entire street property as a utility
easement, and providing for an effective date.
(City Council)
Motion to approve Ordinance #99-O-002.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
99-0-003 Ordinance establishing the authority for the Parks and
Recreation Department to charge certain fees for non
profit organizations, commercial and governmental
agencies for the use of Veterans Field and its
facilities for the purpose of conducting cultural,
social, recreational, and artistic events for the
citizens of Laredo. (City Council)
Motion to approve Ordinance #99-O-003.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
99-O-004 Ordinance amending Chapter 32, Vehicles for hire,
Article IV, Scenic Tours and Chapter Convention
Service, of the Code of Ordinances of the City of
Laredo by specifically deleting the following sections
therein: 32-116, 32-117, 32-118, 32-119, 32-120,
32-121, 32-122, 32-123, 32-124, 32-125, 32-126, and
creating Sections 32-116, 32-117, 32-118, 32-119,
32-119.1, 32-119.2, 32-119.3, 32-119.4, 32-119.5,
32-119.6, 32-120, 32-121, 32-121.1, 32-121.2, 32-122,
32-123, 32-124, 32-124.1, 32-124.2, 32-124.3,
32-124.4, 32-124.5, 32-124.6, 32-124.7, 32-125,
32-126, 32-126.1, 32-129, 32-130, 32-131, 32-132,
32-133, 32-134, 32-135, 32-135.1, 32-135.2, 32-136,
32-136.1, 32-136.2, 32-137, 32-138, 32-139, 32-139.1,
32-140, and 32-140.1. (City Council)
Motion to approve Ordinance #99-O-004.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
99-O-005 Ordinance Amending Article XII Titled "Transit
System," Division 3, titled "Bus Bench Advertising",
of Chapter 19, of the City of Laredo Code of
Ordinances, thereby revising Section 19-581(a), to
include item (6) which prohibits the advertisement of
tobacco products and alcoholic beverages; and to
delete the bus bench advertising rates on
Section 19-582 titled "rental rate".
(City Council)
Motion to approve Ordinance #99-O-005.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
99-O-006 Ordinance granting a license to Southwestern Bell
Telephone Company, to erect, construct, maintain and
operate a wire telecommunications system for a term of
4 years with one 4 year renewal option pursuant to the
City of Laredo's Wire Telecommunications System
registration and licensing ordinance of 1998 #98-O-
353; providing for effective date. (City Council)
Motion to approve Ordinance #99-O-006.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
99-O-007 Ordinance amending the contract with the Texas
Department of Health and budget in the amount of
$74,409 for HIV/AIDS Housing Opportunities for Persons
with AIDS (HOPWA) Project of the City of Laredo Health
Department for the period beginning February 1, 1999,
through January 31, 2000. (City Council)
Motion to approve Ordinance #99-O-007.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
VII. RESOLUTIONS
5. 99-R-001 Authorizing the reissuance of a drilling permit for
the operation of the natural gas well, Notzon Well
No. 1 to Dynamic Production, Inc. The well is out of
Abstract 239, as further described by metes and bounds
located west of Highway 83, north of Tinaja Street,
and south of Saltillo Street.
Cm. Bruni stated that Drilling Review Committee met
with Dynamic Productions and they are in concurrence
with the proposed ordinance #99-R-001.
Motion to approve Resolution #99-R-001.
Moved : Cm. Guerra
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
6. 99-R-002 Appointment of Nancy De Anda, Rene Gonzalez, and
Leticia Palacios to the Convention and Visitors Bureau
(CVB) Advisory Board. There are currently three vacant
positions on the CVB Board.
Motion to approve Resolution #99-R-002.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Against: 0
7. 99-R-003 Accepting the donation of an approximately 16.54 acre
parcel of land from Killam Ranch Properties, LTD, et
al; as right-of-way necessary for the extension of
Killiam Industrial Boulevard, from its present
intersection with Sara Road, in a northeasterly
direction to IH35, to a point approximately 1.5 miles
north of the intersection of FM3464 and IH35. Said
16.54 acre parcel of land being situated in Porcion
18, Abstract 21, and Survey 2143, Abstract 591,
partially within the City of Laredo, Webb County,
Texas; being more particularly described by a center
line of right-of-way description.
Motion to approve Resolution #99-R-003.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0
8. 99-R-004 Authorizing the City of Laredo's support and
participation in the Laredo Clean Cities Coalition to
maintain Laredo's status as a city "in attainment" of
the air quality standards established by the
Environmental Protection Agency, and will help promote
the goals of the coalition to develop a strong
alternative fuel infrastructure that will provide for
the use of alternative fueled vehicles.
Motion to approve Resolution #99-R-004.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Against: 0
VIII. MOTIONS
9. Award of a construction contract to the LOWEST BIDDER,
Pete Gallegos Paving, Inc., Laredo, Texas, in the amount of
$229,500.00 for the construction of sidewalk improvements for
the Trautmann, Alma Pierce, and Amparo Gutierrez Elementary
Schools and related improvements. Funding is available in
the 1998 CO Issue and the CIF Reserve.
Cm. Valdez wanted to know which schools will be worked on, how
soon can they expect this project to get off the ground, and
what the construction completion time frame is?
Rogelio Rivera, Engineering Department Director, stated that
upon awarding, they will notify the contractor tomorrow. Given
the notice of awarded, they will probably take two to three
weeks to get all bonding and contracts back from the contractor
and get them for proper execution by our staff. He added it
will be another three weeks to a month before they can get the
contractor actually on site. The contractor will be given four
months to complete the project or 120 calendar days.
Motion to approve.
Moved : Cm. Valdez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
10. Award of a construction contract to the LOWEST BIDDER,
N.W. Builders, Inc., Temple, Texas, in the amount of
$29,277,000.00 for the construction of the border facilities
for the Laredo Northwest International Bridge (Fourth Bridge).
The project consists of eleven buildings and security systems
which include (1) City Administration Building, (2) Federal
Administration Building, (3) Export Dock Building and Canopy,
(4) the Import Dock Building and Canopy (5) the Empty Truck
Inspection Pavilion, (6) Import Lot Exit Control Booth, (7)
Shade Structure Building, (8) Truckers Pavilion, (9) Export
Control Booth, (10) Primary Commercial Inspection Booths, and
(11) Dog Kennels Building and includes related site work, water,
and sanitary sewer improvements, storm drainage systems,
stormceptor systems, landscaping, signalization, security
fencing, illumination and lighting systems, concrete and asphalt
paving, project marker/sculpture, and miscellaneous
improvements. Funding is available in the Bridge System/Bridge
#4 Taxable Bond; Bridge #4 Tax Exempt Bond and Bridge #4 SIB
Loan.
Mayor Flores asked that they explain what Alternate #1 and
Alternate #2 represent?
Florencio Pena, City Manager, explained that this is the project
where they will be awarding the contract for the construction of
a border station facility for the Fourth International Bridge.
This is probably the single largest project the city has ever
awarded. Basically, addendum #1 is $900,000 additional cost to
complete Phase I by March 15, 2000 so that we will be prepared
to operate. This addendum was a requirement as a result of a
meeting held with Mexico about two months ago where they asked
if we could open the bridge by March 15th. We told them that
this project should really be completed by September, 2000, but
that we would put an addendum in the contract and that addendum
will cost us $900,000 so that the bridge should be operational
from our side by March 15, 2000. The completion of the project
will not be until September, 2000 so the base bid we are
awarding today, is $29.2 million.
He asked council to defer approval of Addendum #1 until they
have had time to visit with Mexico one more time to confirm that
the March 15th deadline is still satisfactory to them and if it
is, then they would probably be back on January 21st to award
Addendum #1 which means $900,000 more, but the project will be
completed by March 15th.
David Covarrubias explained that Addendum #2 is for using pre-
engineered metal buildings in the project as an alternate for
the building construction. It turned out that the low bidder in
this case actually turned the deductive alternate into an
additive alternate. In other words, if we force them to use
pre-engineered buildings they would charge us more so we are not
going to do that and they are going to build the building as per
plans.
Mr. Pena pointed that between now and January 21st they will
need to visit with Mexico to confirm these dates. They felt
confident that March 15th date is still going to be a good date
and they want to pursue that date. They will be providing
monthly reports to City Council. He explained that we are well
within budget and that this award will be conditioned on TxDot's
approval of the plan.
Cm. Galo said that considering all goes well and that we have
$6 million of bond money left over, what do we do with those
monies?
Mr. Pena said that one option would be to prepay our loan and
added there are other options that would have to be discussed
with the financial advisors.
Motion to approve.
Moved : Cm. Valdez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
11. Award of a construction contract to the SECOND LOWEST QUALIFIED
BIDDER, meeting the document specifications, Cantu America
Construction Company, Inc., Laredo, Texas for a net award in the
amount of $688,537.00 for the Bruni Library Conversion. Funding
is available in the Bruni Plaza Library.
Cm. Galo wants staff to be consistent with the bid requirements
and the bid bonds because we are rejecting some bidder and not
rejecting others.
Motion to approve.
Moved : Cm. Valdez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
12. Award of contract number 99-033, to the SOLE BIDDER, G.T.
Distributors, Inc., Austin, Texas, in the amount of $24,756.00,
for the purchase of forty pistols for the Police Department.
These pistols will be delivered within sixty days.
Motion to approve.
Moved : Cm. Valdez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
13. Award of contract number 99-008, to the LOW BIDDER, Southwestern
Bell Mobile Systems, Laredo, Texas, in the estimated amount
$159,448.80, for providing cellular phone service for all city
departments. The contract term will be for a period of two
years. The majority of the cellular phones will be upgraded to
digital service technology. This technology offers features like
caller ID and provides for more secure voice transmissions. The
contract pricing is approximately 50% less than the previous two
year contract.
Mr. Armando Castilla, Operations Manager of Southwestern Bell
Wireless, briefed council on the Request for Proposal for the
wireless service of the bid tabled at the last council meeting.
He said that at that meeting Mr. Gutierrez from U.S. Cellular
had asked that this item be tabled so that they could look at
discrepancies on the spreadsheet.
He explained that they did meet on December 29th, present were
representatives from U.S. Cellular, Southwestern Bell Wireless,
and city staff who went through the spreadsheet item by item.
After the meeting was finished, Southwestern Bell was still the
lowest and a responsible bidder for the wireless service.
At that meeting Mr. Gutierrez asked that an 11% factor be used
to quantify of put a dollar figure to the first incoming minute
that U.S. Cellular offers on their rate plans. He said he
wouldn't accept that at the time and did not accept that,
basically because it is hard to quantify that. There are
conditions as to when the first incoming minute applies, when
it's free, and when it's not, but he did go over the issue over
the weekend. He factored in the 11% that he was asking and in
doing so, he found out that about 22 accounts were affected out
of the 130 accounts. The amounts affected range anywhere from
.30 to $8.80 on a monthly bill and it only affects rate plans
where you exceed the package to minutes and it only affects
those minutes. That is not a significant factor, and added that
still SWB wireless would be the lowest bidder.
He also conducted other analyses and after conducting one
analysis he said that for the August bill on those calls the
city would be paying approximately $761.00 (additional) in
charges, if they were to go with his competitor.
He said we need to move forward, the city stands to save about
$6,500 a month, and having table this item a couple of weeks
ago, it's about $3,200 in savings that have been passed up at
this time. By not awarding the bid today that could grow for
another two weeks to another $6,500. He asked that the current
recommendation by staff be accepted.
Arturo Gutierrez, U.S. Cellular Representative, who said that
when he mentioned the 11% of the incoming minute that was
something that was already done with another government entity.
He said he also went over the figures and used 19 numbers out of
the 125 lines that the city has. He does not know what figures
were used by Mr. Castilla but his savings show that for a total
period of 24 months there are $14,616.00 in savings. If we look
at those numbers and someone in the city did them, at this point
and using the calculation given by the city, the city will gain
a savings of $4,703.00 in the overall aspect. This is only
using 19 out of the 125 lines.
Francisco Meza, Purchasing Director, stated that a determining
factor is that each vendor is providing a package minute
proposal to the city. In other words we geared and used the
usage pattern for four months. He explained the process and
criteria used for the evaluation criteria. He explained that
since Mr. Gutierrez questioned the spreadsheet and to be fair to
everybody they went back and met with both vendors, went through
each usage, went through what they recommended to the city, what
we recommended and came to a concensus.
He said that based on the evaluations, Southwestern Bell was
being recommended. There are two variables that they did not
take into effect when they did the spreadsheet that Mr.
Gutierrez eluded to and looking at it was difficult to determine
who the low bidder is based only on that criteria. The other
criteria SWB had is that they had an extended home rate. He
added that both companies did some homework over the last
meeting. His evaluation and basically looking at both
proposals, he is still of the opinion that SWB is providing the
lowest proposal based on different factors.
He pointed that both proposals are going to save the city about
50% from what is currently being charged by our current
provider. We are upgrading to digital service which provides
other features and the city is getting significant savings on
whatever package we accept.
Motion to approve.
Moved : Cm. Valdez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
14. Award of contract number 99-020, to LOW BIDDER, G.T.
Distributors, Austin, Texas, in the amount of $56,415.00, for
the purchase of thirty light bars and accessories for the Police
Department. These light bars will be installed on the new police
sedans scheduled for delivery in March.
Motion to approve.
Moved : Cm. Valdez
Second: Cm. Alvarado
For: 8 Against: 0 Abstain: 0
15. Approval to reject the sole bid for the Re-Roofing of the
Ladrillera Community Center Building Project and re-bid the
project with tentative award on February 15, 1999. Funding is
available in the Capital Improvements Funds Re-Roofing of the
Ladrillera.
Motion to approve.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
16. Approval of amendment no. 1, an increase of $22,000.00 to the
architectural/engineering contract with Design Group
International, Laredo, Texas, for the Expansion of the Santo
Ni¤o Health Center Project to add the expansion of the Santo
Ni¤o Branch Library to include surveys, design and preparation
of plans and specifications and cost estimates. The original
engineering contract was $22,500.00. This amendment brings the
total engineering contract to $44,500.00. Funding is available
in the General Fund Buildings.
Motion to approve.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
17. Authorizing the City Manager to submit a noncompetitive grant to
the Texas Telecommunications Infrastructure Board (TIF) in the
amount of $91,000 to upgrade computer systems and Internet
services for all Laredo Public Libraries.
Motion to approve.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
18. Authorization to accept bids on the painting of the South Lyon
Tank.
Fernando Roman, Utilities Department, stated for the record that
the bid award is for General Construction of San Antonio, Texas
for $76,000.00 for the painting of the tank.
Motion to approve.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
At this time an item under the Supplemental Agenda and under
Communications were considered.
IX. CITY MANAGER'S REPORT
19. Status report on the Colonias Facility Plan with possible
action. We have received the right of way from the Tex-Mex
Railway for the location of the wastewater line.
Fernando Roman, Utilities Director, reported that on December
the consultants were working as they had intended and scheduled.
There are no changes in the project other than whatever progress
they have made during the month of December. He concluded by
saying that both environmental consultants and engineer
consultants are working in reconstructing tables, etc., but the
schedule has not changed.
20. Status report on the Santa Isabel Water Well.
Fernando Roman, Utilities Director, reported that they had
proposed a location next to the well and TxDot had some
concerns with that location because it is at the end of
a long curve. He first thought that it was not a concern
because the visibility was good, but apparently it is a concern
because as the vehicles are moving and if an accident might
occur, vehicles might be carried to form a line on the shoulder
so that would create a problem and they do not recommend that
location anymore.
They have another location which is being investigated right
now. The location is on the other side of the street of the
road and a little bit to the north, just at the end of the
Ashley Acres Subdivision. It is a perfectly straight area and
there are two entrances already and they are separated by about
400 feet. They can que approximately 10 trucks with trailers
completely off of the asphalt. He said that area would be a
much safer place.
Also, TxDot has asked that we consider a prototype facility such
as the one done in El Paso. They are waiting for that
information, but as soon as they have received that information
they will proceed with the project.
Cm. Alvarado questioned if the new location would require
additional monies and how soon is TxDot going to provide the
information on the prototype facility?
Mr. Roman answered that he thinks that we are still within our
$20,000. He added that in reference to the information from
TxDot, he is expecting it today or tomorrow from El Paso.
X. COMMUNICATIONS
a. Mary Simmons, IRS Consultant VITA Program, spoke of a free
tax assistance program to taxpayers who cannot afford
professional services. They are in the middle of a
volunteer recruitment program and are recruiting anyone
who is interested in helping do tax returns.
She explained that they go through a full training program
which starts January 9th, from 8-5 p.m., the training is
free by IRS accountant employees, they will help people with
basic tax returns, they will help people with non-english
speaking abilities, low income, and the elderly. They will
offer free electronic filing and will be stationed at the
Public Library beginning the first Saturday in February on
through the Saturday before April 15th.
She added that they won't guarantee anything, but if
everything works right they can assist people to get back
their tax refunds in one week.
They need about 60 volunteers but only have 35. The
training is for two Saturdays, January 9th and 16th from
8-5 p.m., plus they have a free course book that they will
provide. They intend to certify people after they have
learned to prepare these tax returns and will have tax
assistance at the library from 9-3 every Saturday, in Mercy
Hospital tax assistance Monday, Wednesday, and Friday from
7-9 p.m., at the Santo Nino Branch Library, 2200 Zacatecas
on Mondays from 3-5 p.m. She concluded by saying that for
further information they can call 726-2347.
b. Cm. Bruni said that in reading the Morning Times on the
loudness and the criminal acts happening during the New
Year's Eve Celebration, he would like to see that in the
next meeting, that staff come up with an ordinance whereby
we can have more strict ordinances on fireworks coming into
the city.
He also spoke on the lawless criminal acts that were taking
place in our corporate city limits of people discharging
firearms. He suggested that maybe they can impose a ban on
the sale of the ammunition for at least a week prior to New
Years because there were thousands of rounds fired during
the celebration. He added that many of the rounds went
through residences and that we are not even safe in our own
homes anymore. Since there is going to be such a huge
celebration in the Year 2000 he thinks that we should start
now and try to get something in the books that would really
tighten the control of fireworks and on the criminal acts of
firing firearms within our corporate city limits.
Mayor Flores said this is an excellent idea and suggested
that the issue take some study as to what other cities have
done. She added that this is an idea that we need to look
at and certainly thinks they need to come up with some
recommendations.
Cm. Valdez expressed that what concerns him the most is the
fact that the Police Department was only able to make one
arrest because they actually witnessed the discharging of
the firearms in one occasion. There were several reports
that came in, but nothing could be done because they didn't
get to witness those. He thinks that they need to put some
teeth into the ordinance, do some research, and see what can
be done to make sure these things don't happen again. He
added that at least people doing these acts suffer some
severe consequences such as losing their license for a year,
etc. He concluded by saying that there was a fatality in
Nuevo Laredo and that someone in Laredo got hurt during this
year's celebration, so this is a serious problem.
Cm. Bruni stated that fireworks are a lot of fun but we have
to abide by our ordinances and maybe even looking at the
possibility, if legally, to have some checkpoints on the
highways coming in to the city such that if we see fireworks
that are not allowed inside the city limits that they not be
allowed to come in the city limits. He wants feedback from
staff and other Councilmembers on this issue.
City Manager Pena stated that certainly more enforcement is
something we can do and must do. He added that we need to
start an educational program this summer before the 4th of
July. He suggested that it be started with the July 4th
weekend so that people are aware that we are going to
confiscate fire crackers/fireworks.
He pointed that we need to increase our enforcement efforts
by an educational program. Also, other things that cities
are doing are organized fireworks displays block parties
where in essence they organize fireworks displays on a small
scale, but with the city's support and on an organized safer
manner. They can explore the educational program before the
end of the year, they will prepare some kind of enforcement
program to see how council feels about that, and get council
a report on how much was confiscated during the last season.
XI. CITY COUNCIL PRESENTATION AND DISCUSSION
21. Requests by Mayor and City Council members for presentation and
discussion.
A. Request by Mayor Elizabeth G. Flores
1. Confirmation of appointee Ms. Anne Bearden to the Tree
Board USA.
Motion confirming of appointee Ms. Anne Bearden to the
Tree Board USA.
Moved : Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
2. Recognition of the Health Department's Vital Records
Office on their Five Star Vital Registration and
Excellence Award given by the Texas Department of Health,
Bureau of Vital Statistics.
Mayor Flores informed that the Laredo Registrar of Vital
Records Office is part of the City of Laredo Health
Department. It is one of 33 local registrar offices
selected from approximately 600 offices statewide to
receive this very prestigious award. The Laredo
Registrar of Vital Records Office is one of eight local
offices that is ever repeated as winners for two
consecutive years.
During the course 1998, the local registrar office
registered over 5,400 births, 850 death and issued over
15,000 birth certificates and 4,500 death certificates.
The Vital Records Office Staff received the award and
recognition from Mayor Flores and Council's
congratulations.
Jerry A. Robinson Health Department Director and
Registrar of Vital Records.
Yael Gomez Deputy Registrar of Vital Records
Elizabeth Flores Vital Records Clerk
Alejandra Ramirez Vital Records Clerk
Rosa Villalobos Vital Records Clerk
3. Approval for publication of the final draft (12-30-98) of
the City of Laredo Protocol Handbook. (Cm. Louis H. Bruni
and John C. Galo)
Cm. Galo said that he spoke to the Senator and she said
she wants to make it subject to text revisions and
corrections that will be done after this approval.
Mayor Flores explained that they have a revised list of
technical corrections. She would like the document be
approved first and then adopt the protocol handbook with
the idea that there maybe some technical changes or
revisions as they go along.
Motion to adopt subject to text revisions and corrections
that will be done after.
Moved : Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
Mayor Flores said there is one physical change and quoted
the following for the public to understand.
"The Protocol Committee has been meeting and we've had
several meetings with Dr. Zaffirini to come up with what
we have here. When we first started to meet we had two
different ideas. We had an idea that we needed a
protocol handbook for the City of Laredo and we also had
an idea that we needed a procedures handbook for the City
of Laredo as far as changes in our agenda and things like
that for meetings that we hold, but for your information
because we all had the same problems. We were thinking
"procedures" in many instances, but we were talking about
"protocol". Protocol is defined as the customs,
guidelines, and regulation related to formality,
presidency, etiquette in official life, and in ceremonies
involving governmental officials and their
representatives."
She added that the handbook was developed especially for
the City of Laredo and it is to ease the burden of all
who wonder about proper protocol. Many attend functions
and people are sort of scrambling around trying to find
out who goes first, who gets introduced first or
sometimes the guest speaker is introduced first and then
there are people that speak longer than the guest
speaker. There are many things that happen and so they
decided that in order to respect traditions and offer
balance with common sense and popular preferences that
they would at least initiate this protocol handbook.
She pointed that in the City of Laredo although the
protocol is different in other places and Washington is
dictating differently, in the City of Laredo we are going
to call "Honorable" those persons or those elected
officials that we have traditionally called honorable and
that includes the Councilmembers, the County Judge and
others. She added there are some things here that they
have deviated from, the general acceptance in other
cities. The other physical change is that the order of
council seating will change. Right now council is
seating according to the council district that they
represent. In this handbook they have agreed that we
should seat in order of seniority with the Mayor Protemp
always seating at the right hand of the Mayor so that in
case she has to leave the room the Mayor can hand over
the gavel to the Mayor Protemp, therefore it will be
easier for the flow of the meeting.
The senior members of the City Council whether previous
elections, former elections, or continuous elections will
be seating next and they will pick where they will seat.
For instance Cm. Galo and Cm. Agredano were both elected
at the same time and so then they would draw against who
chooses what seat after that.
She said they will try things differently, try them out,
and they are willing to do these changes.
In conclusion she said that included in the contract, Dr.
Zaffirini is providing 24 copies, they will make copies
available to large organizations or non-profits that may
benefit from it and they will be sold.
B. Request by Council member Alfredo Agredano
1. Confirmation of appointee Mr. Manuel Jordan to the Tree
Board USA.
Motion confirming Mr. Manuel Jordan to the Tree Board
USA.
Moved : Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
C. Request by Council member Louis H. Bruni
1. Status report with possible action on the request from
the City of Rio Bravo on the proposed property annexation
in the City of Laredo's Extra Territorial Jurisdiction.
(Co-sponsored by Cm. Joe A. Guerra and Cm. Mario G.
Alvarado)
Cm. Bruni said that the City of Rio Bravo has withdrawn
its request to annex 1/2 north. There was a lengthy
meeting and staff had good ideas on what should be done
in our next meeting with the City of Rio Bravo which will
probably be held the first Monday of February. He asked
that Mr. Pena brief council on the motion made at that
meeting.
Mr. Pena stated that the motion was to consider favorably
the annexation (for Rio Bravo to annex) the area east on
Highway 83, south of their current boundary, southwest of
their boundary as well as the elementary school (Salvador
Garcia Middle) immediately north. He added that the rest
of the north would not be considered and the annexation
would be conditioned on three things:
(1) That we reach an interlocal agreement to provide fire
protection service for the schools within the
boundaries of Rio Bravo.
(2) That we obtain the approval of the owners in the
areas just mentioned. That they agree to be annexed.
(3) That they show the city that they have the authority
to annex those areas because there were questions
raised by city staff regarding their authority to
annex.
Mr. Pena concluded by saying that the three conditions
will be presented at the next meeting in February.
Cw. Moreno questioned if UISD will be asked also, since
we are asking the landowners.
Mr. Pena answered that they can ask UISD if they agreed
also because they are landowners as well.
Cm. Bruni said that since the Metro Government consists
of UISD and LISD people that represent them, he asked
that they join them in the next meeting and that they be
advised of the committee's recommendation.
Cm. Alvarado asked that when the Metro Government
Committees are held, that we advise all of the different
entities out there such as the county and school
districts, of these meetings and that they send a copy of
the agenda so they can elect whether or not they want to
have representation at these meetings.
2. Status report with possible action on the motion made
February 2, 1998, to authorize the City Manager and the
legal staff to write a letter to Continental Airlines
expressing concern on the type of equipment in use to
service the Laredo-Houston route and voicing our
dissatisfaction with their rates but most of all the
safety problems that are being experienced with their
Embraer EMB-120 as stated on the (NTSB) National
Transportation Safety Board Reporter.
Cm. Bruni said that when he made this motion on February
2, 1998 staff did generate a letter and it was sent to
Continental except that it was not forwarded to his
office and he did not know of any other Councilmember
that had received a copy of such letter, so that is the
reason he put this item again. He added that he had some
discussion a week ago with Mr. Flores who said he had
generated a draft for all Councilmembers and for the
Mayor to sign.
He expressed that he is still concerned about this
equipment and would really like to see that they bring
Regional Jets to Laredo. He thinks that by putting them
on notice that we are not satisfied with the type of
equipment, that maybe we can spur them to bring different
types of planes to Laredo.
Jose L. Flores, Airport Director, said they did send that
letter in February and they are prepared to send another
one. He said there was no response on the first letter
to date.
Cm. Bruni asked Council that if it would be in order to
finalize the draft letter with the Mayor's concurrence,
that the Mayor and the rest of the council sign such
letter that way they have been officially put on notice
about our concern of the equipment and about the rate.
Mayor Flores asked that they send the letter to her
office and they will have it done plus get it distributed
to council and see that it gets mailed out.
Cw. Moreno asked that the letter include that it is the
second request or second notification sent.
3. Status report on a motion made October 27, 1997, on
a proposed recreation center in District II in the
immediate area of Spur 400, with possible action.
John Vidaurri, Parks and Recreation Director, stated that
there was an initial assessment conducted in that area.
The D.D. Hachar Elementary School was actually
recommended as the location for a recreation center based
on the availability of land at that location. There were
some other areas off Spur 400 that were looked at by the
Community Development staff. There were some parcels of
property that could potentially be used as a park site
off of Clark and New York, but these are very small
parcels and would not have the square footage to house a
full blow recreation center.
Cm. Bruni said his intent was that the children of
District I and II enjoy a recreation center and that it
be beneficial for both districts. He said that by the
way the district is set up in that area, with the
railroad actually dividing the area, those are two groups
of children that live there, and the recreation center at
D.D. Hachar would be beneficial for both districts
(District I and District II), but there is a completely
different group that would be able to enjoy a recreation
center on Spur 400 (the Heights area, east Laredo, the
Milton area, and the Ryan area) they could all enjoy the
other recreation center and the intent was not to do one,
or another, his intent was to do the Hachar area
recreation and then find funding for another recreation
center in the area around Spur 400.
Cw. Montalvo asked that Cm. Bruni wait until the budget
hearings so he can put in the schedule for projects to be
done.
Mr. Viduarri said that the Spur 400 recreation center is
on the city CIP project for the year 2002. The reason
for the initial analysis prioritizing the D.D. Hachar
School site is because of the availability of land. He
explained that Spur 400 is located between Arkansas and
Loop 20, at Clark and New York and they did find that the
city owns three lots that can potentially be developed as
a park site or for a possible a community center, but
would not contained the square footage necessary.
Cm. Bruni said that maybe they can look for donations
from the large landowners in that area. He said there
are two or three different large landowners in that area.
Mr. Pena wanted clarification on the Spur 400 issue.
Cm. Bruni answered that what he would like to see is that
council at least allow staff to talk to some of the
landowners in reference to donating some land or maybe
getting cost information and then during the budget
hearings that the issue be discussed.
Cm. Alvarado said that one of the things he would like to
be able to discuss are precisely these type of matters at
the budget workshops retreats because there is a 10-year
master plan for the Parks Department, we also have the
COPS Program, and there are several types of selection
projects that are done throughout the city. We need to
be aware of being able to keep those time frames that are
already in place especially with the CIP plan and the
projections that they have for three and five years down
the road.
Cm. Bruni said he is aware of the 10-year plan, but that
is a plan that can be flexible such as when they had to
appropriate monies for the Lafayette Street relocation
and the extension of Killam Blvd. they were also
flexible so all he wants is to be flexible.
4. Presentation by TXDOT on the possible upgrade to the
intersection of Hwy 59 and Country Club Estate.
Mr. Juan Villarreal, TxDot Area Engineer, stated that as
far as that specific area is concerned they have a
project scheduled for the Year 2000. It will actually
widen five lanes all the way a mile pass the loop. This
will include reconstructing the bridge at Chacon Creek
and it will also include a bridge separator at the loop
on 59. So for the Year 2000 all that area is going to be
reconstructed.
Cm. Bruni asked if there is anything that can be done in
the interim, maybe just put signs up or make a temporary
turning lane or widen the area a little.
Mr. Villarreal said he will look at the area, but that
probably the only thing that could be done now is
re-stripping and probably eliminating the shoulders.
D. Request by Council member John C. Galo
1. Discussion and possible action concerning the replacement
of the sidewalk at the Market Street Tennis Courts.
Cm. Galo said that half of the section has been lifted
and were are ready for replacement, he does not know who
made the decision, but the other half looks just as bad
and wants to know if it can all be replaced at the same
time.
Mr. Pena said he will look into it.
Mr. Vidaurri said the Projects Committee looked at this
issue about two weeks ago and the consensus was to go
ahead and for the minimal amount necessary, repair the
remainder of the block and go ahead and do the balance of
the sidewalk that needs to be done.
2. Discussion and possible action concerning the install-
ation of a protected turn signal at the intersection of
Market St. and Meadow Ave.
Mr. Pena said they can conduct a study and get a report
for next meeting.
3. Discussion and possible action concerning the
installation of a control device at all international
bridges to stop vehicles from crossing when in pursuit by
a law enforcement agency.
Cm. Galo said these control devices are installed at
Customs for people coming into the country for people
not to try to run customs. He added it seems like a
simple procedure to have those devices at the collection
booth and maybe radio ahead that cars are going to run
the bridge.
Rafael Garcia, Bridge Manager, said that Customs are the
ones that in fact have those sticks to blow out tires,
etc. One of his concerns here is certainly the safety
factors because you are addressing something on the
Customs side the speed bumps for the "speed" and vehicles
that are not travelling fast.
What happens on the contrary though is there is a vehicle
running very fast and on pursuit, first someone has to
decide to throw the stick, then what happens after you
blow out the tires and loose control of the vehicle. He
said there is vehicular traffic, people, plus collectors
on the opposite side of the vehicle that just lost
control. He spoke to the Bridge Manager on the border
this morning and all the alternatives are not really very
good. He added that Brownsville has two lawsuits with
regard to stopping cars on a high speed and malfunction
of these devices and so there are concerns to this
effect.
Cm. Galo expressed that he understands, that he just
wanted to know if these concerns had been addressed
before.
Mr. Garcia said that maybe one point that might be
considered later on is either a speed bump or speed humps
to slow down the traffic, but certainly in this case when
in pursuit or chase it will not make any difference what
you put up there, they are not going to stop.
E. Request by Council member Cecilia May Moreno
1. Confirmation of my appointment Ms. Ina Poole to the Tree
Board USA.
Motion confirming Ms. Ina Poole to the Tree Board USA.
Moved : Cm. Agredano
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
2. Confirmation of my appointment Ms. Yolanda Martinez to
the Cemetery Committee.
Motion confirming Ms. Yolanda Martinez to the Cemetery
Committee.
Moved : Cm. Agredano
Second: Cm. Bruni
For: 8 Against: 0 Abstain: 0
F. Request by Council member Eliseo Valdez Jr.
1. Status report from city staff on the outcome of the
refunding of the 1998 General Obligation Bond Series.
Conrado Hein, Finance Director, reported that on the
refunding issue that took place in September they were
able to gain about $1 million plus in savings. Simply
what they did is took $40 million of the debt and
refinanced it at a cheaper rate which translated to a
million dollars in savings to the city. What that will
do for us is that we are going to realize our savings in
the Year 2000, 2001, and 2002 which is where the bulk of
the savings is. The bulk of that is going to our tax
supported issues.
He thinks that the water utility will be in about
$400,000 for three years and basically what that tells us
is that in the Utilities Department they will have
$400,000 of less debt service for those three years that
they can use in operations. They will also have another
$200,000+ on the sewer side. Tax supported side means
that they will have those savings which will give us a
reduction in the debt service that is supported by taxes.
Either that or they can move some dollars from issues
that are tax supported or a combination tax supported and
revenues where they can give some further relief to some
of the functions where they issue combination tax and
revenue debt.
He concluded by saying that the bulk of savings will
start manifesting themselves on the Year 2000. The
savings this year will be very minimal.
2. Recommendation from city staff on the existing problem
with ingress and egress at the Broadacre Apartments due
to the traffic on McPherson Rd.
Roberto Murillo, Traffic Engineer, reported that the
problem in that location is that there is only one lane
road in each direction and when that road is widen they
should get a lot of relief from that. On the issue of
pedestrians walking across the street he knows there is a
concern about that and they have said that they should
use the traffic light which would be the safest crossing
rather than making a crosswalk in front of the place
which was the recommendation at that time.
In reference to signage, he does not know what type of
signage can be used for helping them get out of there.
There is quite a bit of traffic and they expect more
traffic with the opening of Mercy Hospital, but the only
relief he sees is when the widening of that road takes
place.
Cm. Valdez wanted to know when can they expect the
initiation of the widening of the road or the study for
the widening of the road.
Mr. Pena answered that on the widening of the road, they
have selected an engineer.
Rogelio Rivera, Engineer Director, said what they are
hoping to bring to council, possibly at the next meeting
is a recommendation for the Killam, McPherson, and
Jacaman projects plus some other Community Development
Projects for selection of the engineers. The widening
will be from Calton to Bustamante and it will go on the
first phase.
3. Confirmation of my appointment of Ms. Elizabeth Gil to
the Tree Board USA.
Motion appointing Ms. Elizabeth Gil to the Tree Board
USA.
Moved : Cm. Agredano
Second: Cm. Galo
For: 7 Against: 0 Abstain: 0
(Mayor Flores stepped out at this time and Mayor Protemp
Bruni was chairing the meeting.)
4. Confirmation of my appointment of Mr. David Garza to the
Cemetery Committee.
Motion confirming Mr. David Garza to the Cemetery
Committee.
Moved : Cm. Agredano
Second: Cm. Galo
For: 7 Against: 0 Abstain: 0
G. Request by Council member Joe A. Guerra
1. Confirmation of my appointment of Ms. Marga Lopez Baker
to the Tree Board.
Motion appointing Ms. Marga Lopez Baker to the Tree
Board.
Moved : Cm. Agredano
Second: Cm. Galo
For: 7 Against: 0 Abstain: 0
2. Confirmation of my appointment of Mr. Alejandro Arreguin
to the Cemetery Board.
Motion confirming Mr. Alejandro Arreguin to the Cemetery
Board.
Moved : Cm. Agredano
Second: Cm. Galo
For: 7 Against: 0 Abstain: 0
H. Request by Council member Mario G. Alvarado
1. Confirmation of my appointment of Mr. Jon Radenbaugh to
the Tree Board USA.
Motion confirming Mr. John Radenbaugh to the Tree Board
USA.
Moved : Cm. Agredano
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
2. Confirmation of my appointment of Mr. John Romani to the
Cemetery Committee.
Motion appointing Mr. John Romani to the Cemetery
Committee.
Moved : Cm. Agredano
Second: Cm. Guerra
For: 8 Against: 0 Abstain: 0
3. Discussion on request by the Camino Colombia principles
to change the traffic circulation pattern on Dolores
Blvd. from a two lane two way roadway to a two lane one
way roadway with possible action.
Mr. C.Y. Benasvides, III, President of Camino Colombia,
Inc. presented copies of an exhibit and explained that
the exhibit is the existing Dolores Blvd., what exists
and was constructed by the Scibienski Family and the
Dolores Development. It is currently a piece of concrete
pavement and they are looking to turn that into a two
lane one-way southbound road.
He added he has visited with city staff (Traffic, Bridge
and Legal Staff) and there is no issue on this. He
concluded by saying that currently the city controls 500
feet that is in the city limits.
Juan Villarreal, TxDot Area Engineer, stated that as far
as this Dolores Blvd. is concerned, it is part of the
Camino Toll Road Project. As far as design of the
project itself, they are working very close with their
consultant and everything presented by them so far has
been towards their standards, specifications, and has
received their approval. He said his office concurs with
this change.
Mr. Benavides explained that what already existed, will
stay exactly the way it is, then they are going to build
Camino Colombia (the main lanes) just like 35 and then
they will build another frontage road so you would have
an eastbound frontage road one-way two lanes and then
when they connect our southbound lanes to this particular
piece of pavement that is now constructed there will be
two lanes one-way southbound towards the bridge.
Mr. Pena stated this requires an ordinance, requires
public notice, TxDot doesn't see a problem with it, they
only need to do some procedural steps to get this done.
He asked Mr. Benavides if there is a timeline?
Mr. Benavides answered that there is a timeline, they
need to have this preferably before his trip to New York
to finalize this deal and this is one of the vital issues
that has come up. They understood from legal that there
was no problems at all because it is just 500 feet and
all the different landowners involved are in the deal and
have donated property.
Mayor Flores clarified that if action taken would be only
for the 500 feet.
Mr. Benavides answered, that is correct.
Cm. Galo quoted, "and only if and when, when they do
finally connect and they need it."
Keith Selman, Planning Director, said that there is one
issue that he sees here, what they are doing is ratifying
an activity within the public right-of-way and that is
something to consider very seriously.
Motion to approve a preliminary approval for Mr.
Benavides' use and then go through the other formal
things that may need to be done, also to direct staff to
prepare a letter indicating that the city has meet with
TxDot and both (TxDot and the City) are in accordance
with this change and that we would undertake the
necessary process to effectuate upon completion of this
project.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
I. Request by Council member Consuelo "Chelo" Montalvo
1. Confirmation of my appointment of Mr. J.C. Twiss to the
Cemetery Board.
Motion appointing Mr. J.C. Twiss to the Cemetery Board.
Moved : Cm. Bruni
Second: Cm. Agredano
For: 8 Against: 0 Abstain: 0
XII. PUBLIC HEARINGS
22. Public hearing amending the City of Laredo FY 1998-1999 Annual
Budget in the amount of $5,000 for a grant from the National
Library of Medicine for professional development and
promotional printing and supplies, providing for effective
date.
INTRODUCTION OF AN ORDINANCE
Ordinance amending the City of Laredo FY 1998-1999 Annual
Budget in the amount of $5,000 for a grant from the National
Library of Medicine for professional development and
promotional printing and supplies, providing for effective
date.
Motion to open the public hearing.
Moved : Cm. Galo
Second: Cw. Moreno
For: 8 Against: 0 Abstain: 0
There was no public input.
Motion to close the public hearing and introduce.
Moved : Cm. Galo
Second: Cm. Valdez
For: 8 Against: Abstain: 0
Ordinance Introduction: City Council
99-R-01(S) SUPPLEMENTAL AGENDA JANUARY 4, 1999
VIII. MOTIONS
Approval of a contract with RMI Consultants, to do a
preliminary audit of Central Power and Light's franchise
fee payments to the City of Laredo in an amount not to exceed
$10,000.
Ms. Magda Lopez Baker, Area Business Manager for Central Power
and Light, was before council to make the presentation. She
explained what a franchise is and said that CP&L operates with
a franchise ordinance passed in each of its cities which grants
them the use of streets, avenues, alleys, and public places for
distributing/suppling and conveying/selling electricity.
In accordance with these ordinances CP&L pays each of the
cities that it serves the gross receipts tax equals the 4% of
its gross receipts from the sale of electricity for customers
within the corporate city limits. As a result of this
agreement CP&L neither loses money nor makes money it is
basically just to pass through from your constituents and then
relay back to the city. If CP&L is required to pay more to the
city it will be required to collect from its customers by
increasing rates. The franchise fees audits are now unusual,
CP&L performs regular internal audits periodically on its own
and partners with city staff if desired of the franchise fee it
collects from customers and pays to the city.
She said they will be happy to work with the city to confirm
the accuracy of their payments and if the city decides to do
that through the consulting firm that is their prerogative.
Cm. Galo wanted to know why we are requiring this audit.
Mr. Dovalina explained that a year ago, the city had asked in a
formal letter some financial documents from CP&L. They
provided the city with the financial documents and within those
financial documents they have the revenue codes assigned to the
particular cities (by areas) and within those forms they show
how the money is paid and obviously the 4% that they are taking
is not on the total money produced out of the areas that are
there and that is where some of the disagreement is. It is a
continuous contract, that has been altered since 1950 but it is
a continuous contract. The contact has basically never expired
and doesn't have a statute of limitations because of the fact
that it never expired. The definition of gross receipts has
changed between the times that the contracts have been extended
each time. Those are questions of issue and it is basically
good business practice to audit all the franchises that we have
not just CP&L. The commission is in the process of
recommending that to council, that in the future there be a
regular audit of all franchises just to make sure that what is
being reported to the city is accurate. The contract has not
been extended and is now set to expire in the year 2005.
Cm. Bruni stated he is not in favor of contracts that are in
perpetuity and he thinks that we need to evaluate that contract
so that it will be more favorable to the City of Laredo and
that we get better equipment and to at least get a telephone
number where the customers and constituents can call when they
have a complaint or a power outage. He said there was a power
outage in North Laredo and West Laredo and parts of his area
and when they called the toll free 800 number they did not even
know that the lights were out and said to call back in Monday
which is not acceptable to the City of Laredo.
Ms. Baker stated that they have direct contacts and each one
checks their phone mail, there were no messages on their phone
mail, they all have pagers, mobile phones, and the media didn't
contact them to the increase. They do encourage customers to
call their 1-800-274-2611 number because that is the only way
they will know if there is an outage. There is an automated
process and to where TSR will answer questions or will take the
information. She said Cm. Bruni is right, there were multiple
outages, there were three to four broken poles, and three to
four accidents on New Year's Eve. They did restore power as
quickly as they could and have had some other outages in North
Laredo. She concluded by saying they get customers back on as
fast as they can.
Cm. Galo agreed that we should be auditing all our contracts.
Motion to approve.
Moved : Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
XIII. ADJOURNMENT
Motion to adjourn. Adjournment time: 7:38 p.m.
Moved : Cm. Bruni
Second: Cm. Galo
For: 8 Against: 0 Abstain: 0
I 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 the 4th day of January, 1999. A
certified copy is on file at the City Secretary's Office.
_________________________
Gustavo Guevara, Jr.
City Secretary
CITY OF LAREDO
SPECIAL CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
1110 HOUSTON
M99-S-01 M I N U T E S JANUARY 12, 1999
I. CALL TO ORDER
With a quorum present Mayor Pro Temp Louis Bruni
called the meeting to order.
II. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Bruni led in the Pledge of Allegiance.
III. ROLL CALL
IN ATTENDANCE:
Louis H. Bruni, Councilmember, District II
John C. Galo, " , District III
Eliseo Valdez, " , District V
Joe A. Guerra, " , District VI
Mario Alvarado, " , District VII
Consuelo Montalvo, " , District VIII
Gustavo Guevara, Jr., City Secretary
Florencio Pena, III, City Manager
Jaime L. Flores, City Attorney
Motion to excuse Mayor Elizabeth G. Flores,
Cw. Cecilia May Moreno, and Cm. Alfredo Agredano.
Moved : Cm. Alvarado
Second: Cm. Guerra
For: 4 Against: 0 Abstain: 0
(Cm. Galo was not present at this time.)
(Mayor Protem Bruni was chairing the meeting and not
voting.)
IV. Request for Executive Session pursuant to Texas
Government Code Section 551.072 to deliberate the
purchase, exchange, lease, or value of real property
because a deliberation in open meeting would have a
detrimental effect on the position of the City of
Laredo in negotiation with third persons, and return
to open session for possible action.
Motion to go into excutive session.
Moved : Cm. Guerra
Second: Cw. Montalvo
For: 4 Abstain: 0 Abstain: 0
Note: Cm. Galo joined the meeting at 12:08.
After executive session Mayor Pro Temp Bruni announced
that no formal action was taken in executive session.
Motion to authorize the City Manager to purchase water
rights upon receiving final confirmation to clear
title to such water rights, without prior approval by
the Texas Natural Resource Conservation Commission of
the conversion of such rights to municipal water
rights.
Specifically, the water rights to be purchased are
516.475 acre-feet of Class-B water rights.
Moved : Cm. Galo
Second: Cm. Guerra
For: 5 Against: 0 Abstain: 0
V. ADJOURNMENT
Motion to adjourn. Adjournment time: 12:35 p.m.
Moved : Cm. Guerra
Second: Cw. Montalvo
For: 5 Against: 0 Abstain: 0
I hereby certify that the above minutes contained in pages 01
to 02 are true, complete, and correct proceedings of the
Special City Council Meeting held on the 12th day of January,
1999. A certified copy is on file at the City Secretary's
Office.
_____________________
Gustavo Guevara, Jr.
City Secretary
CITY OF LAREDO
CITY COUNCIL WORKSHOP
LAREDO TRANSIT CENTER CONFERENCE ROOM
1301 FARRAGUT STREET
3RD FLOOR WEST
11:00 A.M.
M99-W-01 M I N U T E S January 15, 1999
I. With a quorum present Mayor Elizabeth G. Flores called the
meeting to order.
II. Mayor Elizabeth G. Flores led in the Pledge of Allegiance.
III. Roll Call
CITY COUNCIL MEMBERS IN ATTENDANCE:
Elizabeth G. Flores, Mayor
Alfredo Agredano, Councilmember, District I
John C. Galo, Councilmember, District III
Joe A. Guerra, Councilmember, District VI
Mario Alvarado, Councilmember, District VII
Consuelo "Chelo" Montalvo, Councilmember, District VIII
Gustavo Guevara, Jr., City Secretary
Florencio Pena, III, City Manager
Jaime L. Flores, City Attorney
ABSENCES:
Motion to excuse Cm. Bruni, Cw. Moreno and Cm. Valdez.
Moved : Cm. Galo
Second: Cm. Agredano
For: 5 Against: 0 Abstain: 0
Note: Cm. Guerra arrived at 11:35 P.M.
OTHERS ATTENDING:
Adan Castillo, Bus Driver
Jose Ortiz, El Metro Union
Bill Cain, General Chairperson of the Local UTU #1670
Bobby Gutierrez
Robert Garza, El Metro
Joe Aranda, El Metro
Dan Migura, Administrative Services Director
Joe Guerra, Office Manager for El Metro
Viola Sanchez, Public Information Officer for El Metro
Judy Baber, Internal Auditor with the City of Laredo
Gilbert Segovia, El Metro General Manager
John Farrell, ATE/Ryder
Richard Clair, ATE/Ryder Sr. Vice President & General Manager
Keith Selman, City Planner
Laura Ridder, Laredo Morning Times
1. To meet jointly with the Transit Committee of the City of
Laredo to review presentation by Ryder/ATE, Inc. in the city
requiring its proposal to provide transit management
services for the Municipal Transit System, with possible
action.
Cm. Alvarado informed the Council that the members of the El
Metro Transportation Ad-Hoc Committee are reconvening today
as such. On a previous meeting, Ryder/ATE made its
presentation, as well as City Staff, on their transit
management proposal. Since relevant information was
required from both proposals, it was determined to give 10
minutes to each party for their presentation.
Florencio Pena, City Manager, relayed that ATE needed to
adjust its proposal by reducing one of the positions and
that City Staff needed to address questions pertaining to
workers' compensation as well as other matters.
ATE/Ryder Presentation:
Richard Clair, from ATE/Ryder, provided the minutes from the
last meeting. He added that the minutes captured valuable
points on ATE's performance besides other issues pertaining
to El Metro's future. A revised proposal will be submitted
to the City in writing.
He talked about issues that need solutions if the existing
management company gets dissolved, and amplified the points
supporting ATE/Ryder vs. the proposed replacement non-profit
corporation.
a) Notifications to employees and notices to different
taxing entities and jurisdictions 60 days prior from the
dissolution date.
b) Unresolved issues pertaining to the legal status of the
proposed non-profit replacement corporation.
c) The change of employer requires real occasion notice act
termination of employees.
d) Workers' Compensation issues.
e) Termination of the 401K plan since it is specifically for
private companies or for profit institutions.
f) Issues pertaining to the labor contract.
g) Employees currently on Workers' Compensation or other
long-term disability. (Eleven employees will be affected
during the time of transition; therefore they will not be
covered by the health insurance unless the city waives
certain requirements.
Mr. Clair addressed the modification to ATE's proposal by
stating that the management job can be done with two people.
His recommendation is to leave the current two employees in
the management team. The duties of the third position would
be absorbed by other TMCL employees.
Cm. Montalvo stated that about two years ago there were many
complaints on the management of the Transit System. At that
time the issues were discussed with Mr. Farrell. Since City
Council didn't see any changes being made, an audit was made
on April 1997. She feels that ATE didn't care nor listened
to the problems taking place at the Transit Center.
Mr. Clair responded stating that the issues brought up in
the April 1997 audit have been resolved or addressed either
through the law department or Mr. Pena's department.
Regarding the cash handling audit, there was nothing
material suggesting holes in the cash operations, or if
there was, it was only temporarily and there were reasons
for that.
Cw. Montalvo stressed -"It is not our responsibility to let
you know what's going on out here in Laredo. It is your
responsibility to communicate with your management employees
to find out what's going on."
Mr. Clair replied that the 18 or 20 months, in which the
contract was under Mr. Smith's responsibility, are not their
proudest moments. He emphasized that ATE's proposal has a
mechanism which will not only resolve those types of
concerns but will prevent them from recurring.
Cm. Alvarado challenged Mr. Clair's reply. He stated that
when the management concerns were addressed with ATE, Mr.
Brown (ATE) offered to have quarterly meetings. But after
the first meeting there were not additional meetings. Cm.
Alvarado expressed that he's displeased because the
quarterly meetings did not take place; and that it had to be
because of the City's persistence and assistance to be able
to put in place different policies. Cm. Alvarado added that
ATE's management failed to come as quickly as Mr. Clair is
trying to imply. He asked Mr. Clair if we were going to get
a discount for those 18-20 months. Also, on the last meeting
it was requested from Mr. Clair to issue some type of
discount in the City's contract because the third position,
as outlined in the contract, has not been filled.
Mayor Flores expressed that from what she has heard so far,
Mr. Clair needs to re-establish his credibility, and his
admittance of the problems in his company for the 18 or 20
months has contributed to the fall. For the sake of the
presentation, she encouraged Mr. Clair to focus, for five
minutes, on the changes made to correct the fall out.
Note: Cm. Guerra arrived at 11:32 A.M.
Mr. Clair replied -"Some of that fix is to be history in the
making." He added that when he met with the Ad-Hoc
Committee in December 1998, he suggested that he was getting
mixed signals at the policy level. So, he proposed a
defined way to receive input from the City through the
proposed Transit Committee. He also proposed having a
workshop to establish the management structure, the
reporting structure, a policy board, a monthly reporting
format that goes beyond regular issues, and on top of this,
have quarterly formal reviews. Afterwards, he outlined the
benefits of ATE's technical support, the service development
plan, service extension, and safety issues. Finally he added
that a location operations review, in which the regional
managers review the policies that should be on place, has
been initiated.
City's Proposal Presentation:
Mr. Pena reported that the City Council has a very difficult
question on whether to terminate or continue a 23 year
relationship with Ryder ATE. He explained that during the
70's, cities were faced with the challenge of operating
their own transit systems, consequently the City of Laredo
hired a private firm to manage its transit system. However,
many of the management concerns from 1976 do not exist
today. The City has gained experience in managing a transit
system, and can do so if the decision is to no longer
utilize a consultant.
On January 20, 1997, an internal audit of the transit system
was conducted as a result of concerns addressed by various
concilmembers. Following are some of those concerns that
serve as an example of the mismanagement and poor judgement
that existed.
a) The transit system did not reconcile the number of buses
in operation for a given transit day to the number of
buses prepared for that same transit day.
b) Concerns with purchasing policies and procedures.
- The transit management system secured supplies in
excess of $10,000 without securing an annual vendor
supply contract from second vendors. The City of
Laredo's purchasing policies and procedures were
violated. After discussion with the vendor, he
indicated that purchases were intentionally spread over
a number of invoices in order to avoid our purchasing
policies and procedures.
- Over a four year period, the total amount of purchases
were over $386,000.
Period $ Amount
1992-1993 $ 46,790
1993-1994 $130,000
1994-1995 $138,000
1995-1996 $ 80,000
- The Transit System should have named, in all
invitations for bids, the City of Laredo in order to
maximize the opportunities for competitive bids
involving the purchases.
- Regarding maintenance parts and supplies the fleet
management system should have been used to identify
items or vendors whose purchase volumes were in use of
formal bids.
c) Although the contract provides travel expenses for
management people, some expenses were disallowed by the
City.
d) Over a six year period $224,452 were spent in legal
expenditures. Also, the 1996 contract period provided
that any outside counsel will require City's approval,
and there isn't any record that it was obtained.
(These are the highlights from the January 1997 audit).
Mr. Clair responded by defending ATE's position. He stated
that all discrepancies found on the internal audit have been
dealt with.
Mr. Pena continued with his presentation. In order to
illustrate why he has lost confidence in ATE, he continued
highlighting other concerns besides the 1997 audit.
a) A payroll audit, conducted on September 28, 1998, raised
questions regarding the use of compensatory time. One
exempt employee was getting comp-time while other exempt
employees were not. In another case, a TMCL exempt
employee was transferred with over $18,000 of comp-time
accrued.
b) A pass channeling survey of the GAPI was conducted on
December 14, 1998. Numerous discrepancies were found
like a non-working video camera, systems not being
reconciled on a daily basis.
c) Finally on January 12, 1999 in a random cash audit it was
discovered that they were exceeding the petty cash
policy, and in addition they were spending money in
lunches and dinners for the ATE management employees.
This is not appropriate.
Mayor Flores expressed her interest in learning more on how
we can manage the transit system in-house. She stated that
this Council is interested in making the right decision on
what is the best for the Transit System Employees and what
is best for the traveling public. Also, she believes that
the employees have a lot to gain from the 401K and wants
this issue to be addressed.
Mr. Pena replied that the 401K was implemented by his
insistence when he came on as a City Manager. There isn't a
higher priority than to ensure that the employees of El
Metro have comparable benefits as city employees, since they
currently don't. It appears there is a good possibility,
after El Metro becomes a non-profitable part of the City,
that the employees may be able to join in the City's
insurance program. Although this may provide an increased
benefit to the employees, it will be subject to negotiation
of the contract.
Mayor Flores reiterated that she wants to know what can
happen instead of what may happen. She wants to be sure that
Council knows, going in, what the employees are going to
gain, keep, make better. Whatever it is, she wants to be
positive that this Council knows that for sure.
Mr. Pena replied that in terms of the union contract it will
stay exactly as it is. In terms of the non-union employees,
some research has been made on the 401K program, but it may
require additional research. In terms of the salaries of
non-union, they will remain the same. Other fringe benefits
such as health insurance will remain the same, possibly
better. At the present time, we don't foresee any changes
in benefits or salaries.
Dan Migura, Administrative Services Director, explained that
the trustee of the 401K plan was contacted in order to
determine how to handle it. The trustee informed there were
three options.
Option 1- Stop the plan and roll it over to an IRA.
Option 2- Rename the Plan with the new entity
Option 3- Merge it into another 401K.
In conclusion, there will not be any negative consequences
because all these things can be established.
Mr. Clair reiterated that 401K plans are for private
companies. The public non-private or the private non-profit
is ineligible for 401K.
Mr. Pena informed that as of April 1, 1999 all TMCL's
positions will not be impacted. There are no plans to
degrade or eliminate any position. All TMCL employees will
become part of El Metro, Inc.
There was discussion regarding the presentations and whether
ATE/Ryder would be able to re-establish their credibility.
Cm. Galo stated for the record that the reason we are here,
this late hour into the negotiations, is because Mr. Pena
failed to do his job. When Council gave him a directive to
go out and seek RFP's, he went behind Council's back and
tried to set up this City's corporation instead of going out
for bids. Then Cm. Galo commended the Ad-hoc Committee for
their job, but wished there would have been other bidders.
He also added that there isn't a great confidence level with
the City's procedures since nobody informed him about the
City Manager seeking information on the non-profit
corporation.
Mr. Pena replied there are two issues here: 1) managing the
transit system and 2) being able to do it in-house without
an outside consultant. He added that when the motion was
made he was influenced by the Council Committee's interest
on the possibility of doing it in-house. So the question was
whether it was possible and feasible to do it in-house;
therefore it was the first decision he had to make.
Cm. Galo voiced his personal opinion. He would like to
extend ATE's contract for 3 or 6 months because he believes
that the City's proposal doesn't have everything packaged
together.
Jaime Flores, City Attorney, stated that the collective
bargaining agreement expires on March 20, 1999, which is
basically around the corner. Logistically, it represents a
problem because regardless of which proposal Council
considers, it is late. His personal point of view is to
provide a 90 day extension to ATE. In this way ATE will have
an opportunity to demonstrate its improvements to Council,
and Cm. Galo's request to extend ATE's contract would be
served.
Mr. Pena outlined the benefits that the City will have if it
manages the transit system. There will be more direct
control and more direct lines of communication, besides
saving $100,000.
Cm. Galo expressed that City Council's objective should not
be direct control but what's best for El Metro and what's
best for the Union. Also there is a need for better
management performance.
Cm. Alvarado stated that performance is the reason why we
want to do something different. He added that his argument,
all along, is that we are paying a managing firm with
expertise and knowledge to do the job, and we are not
getting good performance from them.
Mayor Flores added that since most concerns have been aired
out, a decision needs to be made on which is the best
proposal. She manifested that Mr. Clair didn't convince her
with his proposal. On the other hand, thinks that Mr. Pena
needs to polish his proposal. Furthermore, she suggested to
him to get someone from his staff to act as the Lead Manager
that will make the presentation to Council on behalf of the
City's RFP; so that Mr. Pena will give his recommendations
on both contracts.
There was discussion on issues pertaining to the City's
proposal.
Cw. Montalvo, acting as a member of the Ad Hoc Committee
made a motion to go with the City's proposal and Cm.
Agredano seconded her.
In conclusion, the Ad-Hoc Committee's recommendation for
City Council is to go with the City's proposal.
Motion to adjourn.
Moved : Cm. Guerra
Second: Cm. Galo
For: 5 Against: 0 Abstain: 0
I HEREBY CERTIFY THAT THE ABOVE MINUTES CONTAINED IN PAGES 01 TO 09
ARE TRUE, COMPLETE, AND CORRECT PROCEEDINGS OF THE CITY COUNCIL
WORKSHOP HELD ON THE 15TH DAY OF JANUARY, 1999. A CERTIFIED COPY IS
ON FILE AT THE CITY SECRETARY'S OFFICE.
___________________
GUSTAVO GUEVARA, JR.
CITY SECRETARY