CITY OF LAREDO

CITY COUNCIL MEETING

M2009-R-04

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

MARCH 2, 2009

5:30 P.M.

I. CALL TO ORDER

With a quorum present, Mayor Raul G. Salinas called the meeting to order.

II. PLEDGE OF ALLEGIANCE

Mayor Raul G. Salinas led in the Pledge of Allegiance.

III. ROLL CALL

In attendance:

Raul G. Salinas, Mayor

Mike Garza, Council Member, District I

Hector Garcia, Council Member, District II

Michael Landeck, Council Member, District III

Juan Narvaez, 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

Cynthia Espinoza Liendo, Council Member, District VIII

Gustavo Guevara, Jr., City Secretary

Carlos Villarreal, City Manager

Cynthia Collazo, Deputy City Manager

Horacio De Leon, Assistant City Manager

Jesus Olivares, Assistant City Manager

Raul Casso, City Attorney

IV. MINUTES

Approval of the minutes of February 17, 2009.

Motion to approve.

Moved: Cm. Garcia

Second: Cm. Narvaez

For: 8 Against: 0 Abstain: 0

V. COMMUNICATIONS AND RECOGNITIONS

Recognitions

a. Recognizing Gerardo “Jerry” Piña on his award as the WES CASTOLENIA CODE

ENFORCEMENT OFFICER OF THE YEAR for 2008-2009 by the Code Enforcement Association of Texas which represents 114 cities in the State of Texas. He was nominated for the award by Officer Juan Rodriguez from Eagle Pass, Texas.

Riazul Mia, Environmental Services Director, reported that the Code Enforcement Officer Association selects one officer a year out of 1,700 and he was honored that they chose Jerry Pina, Jr. for this awarad.

b. Recognition of Luis J. Landin for his six (6) years of faithful and devoted service to the

Fire Fighters’ and Police Officers’ Civil Service Commission.

Dan Migura, Human Resources Director, stated that Luis Landin became a Commissioner in June of 2002 and served until November of 2008. He continued by saying that he faithfully served the police officers and firefighters.

c. Recognizing the City of Laredo and the design of the El Eden Recreational Center on its

selection by the Southwest Regional Council of the National Recreation and Parks Association, for receiving the 2009 SWRC Park/Facility Design Class I Award. The award further acknowledges Mario Jasso, of Architects Plus, Inc. as the project’s lead architect.

Mari Casso, recipient, stated that he was honored to present the 2009 SWRC Park/Facility Design Class I Award to the City of Laredo.

d. Recognition of Bienvenidos Committee Members of the Laredo Chamber of Commerce

for their outstanding local services and festivities.

Mike Conchas, Chamber Manager, thanked the City Council for their support. He introduced the following present Bienvenidos Committee Members: Edna Gonzalez, IBoC; Nancy Garcia, Laredo Ready Mix; Debbie Parades, Embroid Me; Judy Trevino, Manpower; David Gonzalez, Doctor’s Hospital; Luis Guiardna, Dexa Energy; Johnathan Ruiz, Price and Improvements Services; and Freddie Gutierrez, Falcon International Bank.

Communiqués

Presentation by Jesus De Cordova on the 2010 Census.

Mr. Cordova spoke about subjects of concern regarding the 2010 Census Tracts. He noted that he has been working hard with the City of Laredo staff to assure that the census tracts are as well designed as possible.

Mayor Salinas stated that the children from Milton Elementary presented him with a key to the school. He further stated that it is always a pleasure to visit with school children.

Cm. Garza echoed Mayor Salinas by welcoming the soldiers back from their tour on duty. He also congratulated the volunteers and participants of the Washington Celebrations including the City of Laredo staff who always goes above and beyond.

Cm. Garcia congratulated Memo Trevino as the WBCA President and organization as a whole for all of their hard work. He also thanked different city departments for doing such a great job to make the WBCA a huge success. He also congratulated the Border Olympics Board. He noted that over 900 athletes will be participating in the events and over 400 volunteers will assist in the track meet at the Student Activity Center. He congratulated the City Manager for being on top of the stimulus package.

Cm. Landeck mentioned incorporating boxing into the local events. He noted that there would be a boxing tournament on March 14, 2009 at Powell’s on Zapata Hwy.

Oscar Lira, President of the Laredo Boxing Club, presented a petition requesting for Council to name the Cigarroa Recreation Center after a their trainer named Reynaldo Infante.

Cm. Narvaez recognized the Mayor for placing Laredo on national television. He told him that he did a great job in recognizing Laredo. He also congratulated Carlos Villarreal, City Manager, for acting quickly on the stimulus package for Quatro Vientos.

Cm. Rendon thanked the Engineering Department, Utilities Department, and Public Works Department for completing the Retama II project. He said that they have also finished the first phase in Belmont.

Cm. Belmares congratulated the WBCA and the Border Olympics for doing a phenomenal job. He congratulated the local basketball teams that did a great job this year. Finally, he congratulated the local soccer teams for doing great. He also asked everyone to stand to salute the Texas flag in honor the Texas Independence Day.

Mayor Pro Tempore Valdez thanked the Parks & Leisure Department for preparing the fields for the Border Olympics Baseball Tournaments.

Cm. Liendo Espinoza congratulated WBCA and LIFE for the wonderful job that they are doing for the community. She also congratulated the Fernando Salinas BMT 5 – K Run for the outstanding job they did. She thanked the Parks & Leisure for their work on this project. She also thanked the Code Enforcement for their Clean Up Initiative in District VIII. Finally, she invited everyone to visit the Sister Cities Youth Rummage Sale.

Citizen comments

Jay Johnson distributed photos of an area south of the City of Laredo where a chemical was experimentally sprayed by BASF Chemical Company on a piece of private property. He said that it was experimentally sprayed to see what it would do to local vegetation. He said the chemical killed everything. The stated that the chemical went over to the other side of the river. He also submitted a copy of a fact sheet of the chemical. He said that the Rio Grande International Study is very concerned about the use of this chemical.

Jim Earhardt stated that the Rio Grande International Study met with the Border Patrol and they both agreed that the cane is an invasive species that should be removed. He said that he knows how to handle the cane situation. He asked City Council to postpone 2009-O-035.

Cookie Muller asked City Council to research the irradiation of cane item prior to taking action.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Appointment by Mayor Pro-Tempore Jose A. Valdez, Jr. of Federico H. Diaz to the

Telecommunications Advisory Committee.

Motion to approve the appointment.

Moved: Cm. Garza

Second: Cm. Garcia

For: 8 Against: 0 Abstain: 0

b. Appointment by Council Member Cynthia Liendo Espinoza of Lupita Zepeda to the

Telecommunications Advisory Committee.

Motion to approve the appointment.

Moved: Cm. Garza

Second: Cm. Garcia

For: 8 Against: 0 Abstain: 0

VII. PUBLIC HEARINGS

1. Public hearing and introductory ordinance amending Chapter 19 Entitled “Motor

Vehicle and Traffic” of the Code of Ordinances by adding a new Section 19-223 to be entitled “use of hand-held mobile telephones in school zones”; directing the City Manager to erect signs in affected areas; providing for a repealing clause; providing for a severability clause; providing for a penalty of fine not to exceed two hundred dollars ($200.00) for each offense; and providing an effective date.

Motion to open the public hearing.

Moved: Cm. Garcia

Second Cm. Garza
For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Garcia

Second: Cm. Rendon

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

2. Public hearing and introductory ordinance authorizing the City Manager to execute a

lease with Securitas Security Services USA, Inc., for approximately 120 square feet of office space and an exclusive office entry lane of approximately 540 square feet at Bridge II.

1. Lease term is for one (1) year commencing April 1, 2009 and ending on March 31,

2010.

2. Monthly rent will be $2,810.00 for approximately 120 square feet of office space and

an exclusive office entry lane of approximately 540 square feet at Bridge II.

3. The lease may be terminated by either party with a thirty (30) day written notice.

(Approved by the City Council Operations Committee.)

Motion to open the public hearing.

Moved: Cm. Garcia

Second Cm. Garza
For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Belmares

Second: Cm. Garcia

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

3. Public hearing and introductory ordinance authorizing City Manager to accept a grant

adjustment in the amount of $100,000.00 from the Office of the Governor, the Division of Emergency Management (GDEM) and to amend the City of Laredo’s FY 2008-2009 Special Police Fund Annual Budget in the amount of $100,000.00 for a total grant award of $275,000.00. The Office of the Governor, Division of Emergency Management has made a project grant available in order to organize and deploy state agency and local government law enforcement personnel and equipment to participate in a project to enhance border security along the Texas-Mexico border. Funds will be used to pay overtime, fringe benefits and operational expenses from February 15, 2008 through August 15, 2009. (Approved by the City Council Operations Committee.)

Motion to open the public hearing.

Moved: Cm. Garcia

Second Cm. Garza
For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Rendon

Second: Cm. Landeck

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

4. Public hearing and introductory ordinance amending chapter 28 Article II Entitled

“Excavations” of the Laredo Code of Ordinances, Division I, II, III, and IV Sections 28-16 thru 28-78, save and except for Sections 28-40, by deleting said sections and adding Article IX to be entitled “Public Right of Way Management” Sections 28-164 thru 28-239; providing for a repealing clause providing for a severability clause; providing for a savings clause; providing for a penalty of fine not to exceed two thousand dollars ($2,000); and providing for an effective date. (Approved by the City Council Operations & Finance Committees.)

Motion to table.

Moved: Cm. Liendo Espinoza

Second: Cm. Rendon
For: 8 Against: 0 Abstain: 0

VIII. INTRODUCTORY ORDINANCES

5. Authorizing the City Manager to execute an easement to AEP Texas Central Company

for routing electrical facilities to serve Jefferson Water Treatment Plant. The said easement containing 1,837.47 sq. ft. tract of land, being out of lots Number 1, 2, & 10, Block No. 736 Western Division, City of Laredo, Webb County, Texas and being described on attached Exhibit A. (Approved by the City Council Operations Committee.)

Ordinance Introduction: City Council

6. Authorizing the City Manager to renew a Right-of-Entry to the U.S. Army Corps of

Engineers, United States of America to City-owned property along the Rio Grande Riverbend extending from the northern to the southern City limits, to solely conduct visual observations for environmental studies of possible actions, including improvements to existing patrol roads, the construction of new patrol roads, and the removal of giant cane within a 300-foot-wide corridor parallel to the Rio Grande River. Said City-owned property, including any river vega land along said riverbend, consisting of: all of Blocks 015, 016, 017, 018, 019, 57, 58, 613, 614, 615, 616, 140, 141, 143, 144, 149, 150, 151, 152, 568, 709, 710 & 450A, Eastern Division, City of Laredo; all of Blocks 414, 415, 416, 419, 424, 426, 425, 428, 431, 431A, 434, 434A, 437, 437A, 516, 517, 613, 614, 615, 628, 629, 630, 631, 643, 644, 645, 646, 657, 658, 659, 660, 666, 667, 668, 669, 670, 671, 672, 672A, 673, 674, 675, 676, 677, 679, 680, 708, 708B, & 724, Western Division, City of Laredo; a 22.087 acre tract located in Porcion 18; a 58.00 acre tract located in Porcion 21; an 18.00 acre tract located in the River Oaks Park Subdivision; a 10.59 acre tract located in Porcion 22; a 138.513 acre tract located partly in Porcion 36 and partly in Porcion 37; a 22.00 acre tract located in Porcion 37 and a 31.00 acre tract located in Porcion 38. Said Right-of-Entry being described on attached Exhibit 1; and providing for an effective date. (Approved by the City Council Operations Committee.)

Marcos Garcia, Acting Deputy Chief for the Laredo Sector Border Patrol, explained that there are two separate items on the agenda. He noted that one is a right of entry for survey and exploration which will include access to all City property within Laredo so the contractors can conduct the required studies for the greater environmental impact statement. The other item includes a follow up for the right of entry that was granted in August of 2008. He said that is access to approximately 1.7 miles of City owned property specifically narrowed down to 1.1 miles from the International Rail road bridge up to the Laredo Community College south wall and that is where they will begin the irradiation.

Cm. Garza asked if it would be feasible for City Council to approve all methods of cane removal except in the form of chemicals until staff can return to City Council with recommendations.

Carlos Villarreal, City Manager, asked Council if he could bring back an unqualified opinion of the environmental assessment. He asked City Council table this item.

Cm. Landeck suggested for Border Patrol to increment the space along the river where the chemical will be used for precautionary measures.

Motion to grant the right of access and the methods of survey and exploration

Moved: Cm. Garza

Second: Cm. Valdez

For: Withdrawn by Cm. Garza

Motion authorizing the City Manager to renew a Right-of-Entry to the U. S. Army Corps of Engineers, United States of America to City-owned property along the Rio Grande Riverbend extending from northern to the southern City limits, to solely conduct visual observations for environmental studies and exploration.

Moved: Cm. Belmares

Second: Cm. Rendon

For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

7. Authorizing the City Manager to grant a right-of-entry to the United States of America,