CITY OF LAREDO CITY COUNCIL MEETING M2009-R-02 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 FEBRUARY 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

Mayor Raul G. Salinas 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 Liendo Espinosa, 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 November 17, 2008, December 1, 2008, December 8, 2008 and December 15, 2008 and January 5, 2009.

Motion to approve.

Moved: Cm. Rendon Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 V. COMMUNICATIONS AND RECOGNITIONS

Recognitions

a. Resolution recognizing Lic. Héctor Xavier Landeros Almaráz, Administrador de la Aduana de Colombia, N.L. for his distinguished service to our area.

Mayor Salinas and City Council publicly recognized Mr. Hector X. Landeros Almaraz for his distinguished service to our area through his administration of Mexican customs at the Colombia Bridge System.

b. Recognizing Albert Torres, Martin High School, Vidal M. Trevino Magnet School Student on his selection as Youth of the Year representing the South Region of the State of Texas. He will compete for the title of Youth of the Year for the State of Texas on March 9-10, 2009 in Austin, Texas.

Mr. Albert Torres was publicly recognized by Mayor Salinas and City Council and was presented with a plaque in recognition.

c. Recognition of the City of Laredo on receiving The Building of America Network- Community Service Award from Construction Communications for the Laredo Entertainment Center Project.

Rogelio Rivera, City Engineer, received the award from Mayor Salinas and City Council.

Communiqués

Mayor Salinas publicly sent his condolences to the families of Wayo Leyendecker, Fernando Zuniga and Domingo de la Rosa and asked for a moment of silence.

Citizen comments

Margarita Araiza addressed the demolition of a second structure in downtown Laredo and asked for a moratorium in the downtown district.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Appointment by Council Member Johnny Rendon of Anna Galo to the Historic District/Landmark Board.

Motion to approve.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

2 b. Appointment by Council Member Johnny Rendon of Alex Garcia to the Vehicles for Hire Ad Hoc Committee.

Motion to approve.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

c. Appointment by Council Member Gene Belmares of Wayne Nance to the Transportation & Traffic Safety Committee.

Motion to approve.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

d. Appointment by Mayor Pro-Tempore Jose A. Valdez, Jr. of Antonio Garcia to the Vehicles for Hire Ad Hoc Committee.

Motion to approve.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

e. Appointment by Mayor Pro-Tempore Jose A. Valdez, Jr. of Javier Molina to the Library Advisory Committee.

Motion to approve.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

VII. PUBLIC HEARINGS

1. Public hearing and introductory ordinance authorizing the issuance of City of Laredo, Texas General Obligation Refunding Bonds, Series 2009, for the purpose of refunding General Obligation Bonds; approving an Official Statement; authorizing the execution of a Purchase Agreement and an Escrow Agreement; making provision for the security thereof; ordaining other matters relating to the subject; including delegation authority to the City Manager and authorizing amendment to the City’s budget to appropriate such proceeds for purpose authorized herein.

Motion to open the public hearing. 3 Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Belmares Second: Cm. Liendo Espinosa For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

2. Public hearing and introductory ordinance authorizing the City Manager to execute a budget amendment appropriating operating funds from the Federal Transit Administration Grant No. TX 90-X800 from Fiscal Year 2007-2008 in the amount of $187,502.00 to be used for operating expenses in Fiscal Year 2008-2009, increasing the Federal contribution from $3,952,135.00 to $4,139,637.00 and decreasing the sales tax match for operations from $5,387,507.00 to $5,200,005.00 and amending the Transit Sales Tax Fund by increasing capital outlay expenditures from $78,000.00, to $265,502.00.

Motion to open the public hearing.

Moved: Cm. Belmares Second: Cm. Rendon For: 6 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

Moved: Cm. Belmares Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

3. Public hearing and introductory ordinance authorizing the City Manager to amend the Capital Improvements Budget by appropriating expenditures in the amount of $73,500.00 in revenues generated through cash payments in lieu of parkland dedication for the construction of Cielito Lindo Park.

Motion to open the public hearing.

Moved: Cm. Garza 4 Second: Cm. Rendon For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

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

Ordinance Introduction: City Council

4. Public hearing and introductory ordinance amending the City of Laredo Fiscal Year 2008-2009 Airport Construction Budget to recognize additional revenues from a grant received from the Federal Aviation Administration Airport Improvement Program being Grant Project No. 3-48-0136-55-09 in the amount of $3,540,981.00 to rehabilitate Phase 4 of the General Aviation Apron and Acquire Land for Development at the Laredo International Airport and appropriating said grant revenue and local match to the appropriate expenditure accounts and authorizing the City Manager to implement said budget amendment. The City’s local match of five (5) percent in the amount of $186,368.00 is available through the land purchased in FY2006 (Rash Tract).

Motion to open the public hearing.

Moved: Cm. Belmares 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: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

Ordinance Introduction: City Council

5. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 5, Block 1693, Eastern Division, located at 2820 Clark Boulevard, from R-3 (Mixed Residential District) to B-1 (Limited Commercial District). The Planning and Zoning Commission has recommended approval of the zone change. The proposed use is a child day care. District II

Motion to open the public hearing.

Moved: Cm. Garcia Second: Cm. Garza 5 For: 8 Against: 0 Abstain: 0

There was no public input.

Motion to close the public hearing and introduce.

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

Ordinance Introduction: Cm. Garcia

6. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use Permit for a flea market on Lot 1, Block 1, Ervin Farm Subdivision, located at 4210 South US Highway 83. The Planning and Zoning Commission has recommended approval of the Special Use Permit. District III

Motion to open the public hearing.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

Keith Selman, City Planner, noted that the applicant asked for this item to be postponed.

Motion to close and postpone.

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

7. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for a used car dealership on Lot 1, Block 114, Western Division, located at 220 Houston Street. The Planning and Zoning Commission has recommended approval of the Conditional Use Permit. District VIII

Motion to open the public hearing.

Moved: Cm. Garcia Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0

Armando Guerra, representing the applicant, presented a background on the Special Use Permit. He noted that they had initially applied for rezoning from a B-1 to a B-3; however, they changed the request to a Conditional Use Permit. He pointed out that the property is already zoned a B-1. He voiced that the owner is also considering a convenient store/drive thru but the owner would rather have a car dealership. He asked Council to approve the Conditional Use Permit. 6 Motion to close the public hearing and deny the zone change request.

Moved: Cm. Liendo Espinosa Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

8. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 4, Block 1396, Eastern Division, located at 2419 Stewart Street, from R-1 (Single Family Residential District) to R-2 (Multi-Family Residential District). The Planning and Zoning Commission has recommended denial of the zone change. The proposed use is a second dwelling/duplex. District IV

Motion to open the public hearing.

Moved: Cm. Garcia Second: Mayor Pro Tempore Belmares For: 8 Against: 0 Abstain: 0

Jose A. Rodriguez resides at 2404 Stewart which is directly in front of the property in question. He spoke against the zone change request.

Michelle Vela spoke against the zone change request.

Sylvia Pacheco spoke against the requests stating that it was a big change.

Alicia Laurel, 2820 Stewart, stated that she does not approve the change.

Diana Salinas was representing her father who resides in the area and spoke against the change.

Motion to close the public hearing and supposed denial of zone change request.

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

9. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 2 and the south 18.56 feet of Lot 4, Block 228, Western Division, located at 1301 Santa Maria Avenue, from B-3 (Community Business District) to B-4 (Highway Commercial District). The Planning and Zoning Commission has recommended denial of the zone change. The proposed use is for commercial purposes. District VIII

Motion to open the public hearing.

Moved: Cm. Garcia Second: Cm. Garza For: 8 Against: 0 Abstain: 0 7 A concerned citizen spoke against the zone change request stating that it is not good to have two gas stations.

Motion to close the public hearing and deny.

Moved: Cm. Liendo Espinoza Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

10. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 1-B and 2, Block 1, McPherson West Subdivision, and Lots 1 and 2, Block 1, McPherson West Subdivision, Unit II—Manor Plaza, located at 7210 McPherson Road, from R-O (Residential/Office District) to B-3 (Community Business District). The Planning and Zoning Commission has recommended approval of the zone change.

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. Rendon For: 8 Against: 0 Abstain: 0

Ordinance Introduction: Cm. Belmares

VIII. INTRODUCTORY ORDINANCES

11. Abandoning that 0.2559 acre tract which is the west 27.50 feet of a 65.00 feet wide drainage easement dedicated in the C&H Plat, [single 6.4386 acre parcel referred to as Lot 1, Block 1 in the plat], recorded in Volume 8 Page 48, plat records, Webb County, Texas; directing issuance of a release of that 0.2559 acre tract from the drainage easement; and providing for an effective date.

Ordinance Introduction: City Council

IX. FINAL READING OF ORDINANCES

Motion to waive the final readings of Ordinance # 2009-0-008, # 2009-0-009, # 2009-0-10, and 2009-0-011.

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

12. 2009-O-008 Authorizing the City Manager to enter into agreement with the Drug Enforcement Administration in the amount of $46,534.00 and amending Fiscal Year 2008-2009 City of Laredo Annual Budget by reducing revenues and expenditures in the amount of $3,466.00. The agreement’s purpose is to reimburse costs for equipment incurred in the Laredo Police Department in providing resources for the Strike Force OCDETF (Organized Drug Task Forces) Program. The term of this agreement is from October 1, 2008 through September 30, 2009.

Motion to adopt Ordinance # 2009-O-008.

Moved: Mayor Pro Tempore Valdez Second: Cm. Garza For: 8 Against: 0 Abstain: 0

2009-O-009 Amending the City of Laredo Fiscal Year 2008-2009 Airport Construction Fund by appropriating $100,000.00 in revenues and expenditures; which includes $50,000.00 from the Texas Department of Transportation Routine Airfield Maintenance Program (RAMP) Grant TXDOT CSJ No. M922LREDO and transferring $50,000.00 in matching funds from the Airport Operating Fund; providing for an effective date.

Motion to adopt Ordinance # 2009-O-009.

Moved: Mayor Pro Tempore Valdez Second: Cm. Garza For: 8 Against: 0 Abstain: 0

2009-O-0010 Authorizing the City Manager to execute an amendment to the lease agreement approved by Ordinance No. 2006-O-276 dated November 6, 2006, with M & M Air Cargo and Delivery Service, Inc., for approximately 11,988 square feet constituting Sections 2 and 3 and Building No. 170 located at 5103 Maher Avenue at the Laredo International Airport. Said amendment will reduced the leased area from 11,988 square feet to 2,646 square feet effective January 31, 2009 thereby deleting Section 3 Building No. 170 and adjust the monthly rent obligation accordingly to $1,244.00 effective February 1, 2009. All other terms and conditions remain unchanged and in effect; providing for an effective date.

Motion to adopt Ordinance # 2009-O-010.

Moved: Mayor Pro Tempore Valdez Second: Cm. Garza 9 For: 8 Against: 0 Abstain: 0

2009-O-0011 Authorizing the City Manager to execute an easement to AEP Texas Central Company for routing of aerial electrical facilities to serve MHOC Booster Station south of Springfield. The said easement containing 1,569.08 square feet tract of land, being out of a 12.417 acre tract, recorded in Volume 296, pages 214-216, W.C.D.R., City of Laredo, Webb County, Texas and being described in attached Exhibit A; and providing for an effective date.

Motion to adopt Ordinance # 2009-O-0011.

Moved: Mayor Pro Tempore Valdez Second: Cm. Garza For: 8 Against: 0 Abstain: 0

X. RESOLUTIONS

13. 2009-R-004 Accepting the conveyance from AEP Texas Central Company [a/k/a/ Central Power & Light] of a five (5) foot wide utility easement dated November 4, 2008, which is recorded in volume 2677, pp.150-155 of official property records of Webb County, Texas, copy of which is attached as Exhibit 1, and the description of the easement area is contained in Exhibits A & B of said Exhibit 1.

Motion to approve Resolution # 2009-R-004.

Moved: Cm. Belmares Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

14. 2009-R-006 Declaring the public necessity to acquire the “surface only” of the following three parcels of land for the Canal Street Drainage Improvements Project:

1. a 676 sq. ft. tract out Lot 54, Block 506, Retama Park Subdivision, Unit 2, City of Laredo, Webb County, Texas, as per plat recorded in Volume 2, page 205, Plat Records of Webb County, Texas, which tract is described in Exhibits 1 and 2; and 2. a 4,255 sq. ft. tract out of Lot 55, Block 506, Retama Park Subdivision, Unit 2, City of Laredo, Webb County, Texas, as per plat recorded in Volume 2, page 205, Plat Records of Webb County, Texas, which tract is described in Exhibits 3 and 4; and 3. Lot 7, Block 70-B, of the amended Calton Gardens Addition, Northern Division, City of Laredo, as per Del Rey Homes Replat recorded in Volume 2, page 203, Plat Records of Webb County, Texas; save and except a 480.50 sq. ft. tract of land conveyed form Huisache Cattle Company, Ltd. to the City of Laredo, recorded in Volume 218, pg 677, Official Public Records of Webb County, Texas; and authorizing staff to 10 negotiate with the owners for the acquisition of said three (3) parcels; and authorizing the City Attorney to initiate condemnation proceedings to acquire any of said parcels if staff is unable to acquire any of the three (3) due to inability to agree to a purchase price, conflict of ownership, owner refusal to sell, and /or inability to locate a listed owner.

Motion to approve Resolution # 2009-R-006.

Moved: Cm. Belmares Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

15. 2009-R-007 Authorizing the City Manager to submit a grant application to the State of Texas Governor’s Office in the amount of $225,000.00 for overtime and benefits for Laredo Police Officers working under the Gang Initiative Grant Program. The grant is to be 100% funded by the State of Texas Governor’s Office for the period of November 1, 2008 through August 31, 2009 at no cost to the City.

Motion to approve Resolution # 2009-R-007.

Moved: Cm. Belmares Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

16. 2009-R-008 Declaring the public necessity to utilize the area under IH35 between Park Street and Sanchez Street as a parking area on February 19, 2009 for the Annual Youth Parade and on February 21, 2009, for the Washington’s Birthday Parade and authorizing the City Manager to enter into an agreement with Texas Department of Transportation for the use of said property.

Motion to approve Resolution # 2009-R-008.

Moved: Cm. Belmares Second: Cm. Liendo Espinoza For: 8 Against: Abstain:

17. 2009-R-009 Adopting the list of Capital Improvement Projects which will be submitted to the South Texas Development Council for incorporation in the Overall Economic Development Program (OEDP) plan to be provided to the U.S. Department of Commerce, Economic Development Administration (EDA), for potential funding consideration and authorizing the City Manager to submit a follow-up grant application as may be directed by EDA and to execute any and all related documents. Projects named include: 1. River Vega Improvements Project/Various Phases 2. 24” Water Transmission Line from TAMIU/Killam Elevated Storage Tank to N. McPherson Loop 20 11 3. Extension of Ejido Avenue (San Nicolas To Cielito Lindo) 4. San Bernardo Avenue Renovation and Restoration Project 5. Professional Baseball Facility Project 6. Extension of Bartlett Ave. (Jacaman Rd. to Del Mar Blvd.) 7. Plaza Theater Renovation Project 8. Convention Center 9. Federal Inspection Station (Airport) 10. Los Botines Outlet Mall Utility Infrastructure Development

Ronnie Acosta, Community Development, said that the listed projects will be applying to the Economic Development Administration. The criteria for funding from the agency requires for the projects to create jobs for the community. What they look at is how many potential jobs can be created because of the activity. She added that she understands that the Santa Nino Library needs additional assistance but this is not the best project for this type of funding.

Motion to include the River Vega Improvement Project.

Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

Motion that the Barlett extension be included as the second project.

Moved: Cm. Rendon Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

Motion to include the Extention of Ejido Avenue.

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

Motion to approve Resolution # 2009-R-009.

Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

18. 2009-R-010 Declaring the public necessity to acquire the “Surface Only” of a parcel of land for the Calton Road Grade Separation Project, said parcel being Replat Lot 3 into Lot 3A, Block 1004, Modern Industrial Park Subdivision, Section II, and containing 1.2269 acres out of Porcion 26, Abstract 282-425, City of Laredo, Webb County, Texas; property situated at 1820 West Calton Road, recorded in Volume 17, Page 42, Plat Records of the County of Webb, and delineated on attached Exhibit “A”. Further, authorizing staff to negotiate with owner for the acquisition of said parcel 12 by purchase at market value established by a State Certified Real Estate Appraiser, and also authorizing the City Attorney to initiate condemnation proceedings to acquire said parcel if staff is unable to acquire due to inability to agree to a purchase price, conflict of ownership, owner refusal to sell, and/or inability to locate a listed owner, and further authorizing relocation benefit payments to the business who will be displaced as a result of the acquisition of the property, in accordance with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. Funding is available in the West Laredo/CPL Road – Phase II account.

Motion to approve Resolution # 2009-R-010.

Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

19. 2009-R-011 Authorizing the City Manager to enter into an agreement to apply for a grant with the Webb County Sheriff’s Office to the Department of Homeland Security in the amount of $1,000,000.00 from the U.S. Department of Homeland Security (DHS) for FY 2009 Operation Stonegarden (OPSG-09). Operation Stonegarden will provide funding to enhance cooperation and coordination between law enforcement agencies in a joint mission to secure the United States borders. Funds will be used to pay overtime (with fringe benefits), operational expenses and equipment at no cost to the city. The term of this grant agreement is from October 1, 2009 to September 30, 2012.

Motion to approve Resolution # 2009-R-011.

Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

XI. MOTIONS

20. Consideration to authorize the purchase of park equipment for Slaughter Park in the estimated amount of $78,342.00 from T.F. Harper and Associates, LP, Austin, Texas through the BuyBoard Cooperative Purchasing Program. Three (3) companies submitted BuyBoard prices on assorted park equipment needed for Slaughter Park. Funding is available in the 2006 Certificate of Obligation Bond-Slaughter Park Construction Project.

Motion to approve.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

13 21. Consideration to renew contract FY09-008 awarded to Ferguson Waterworks, San Antonio, Texas, in the estimated amount of $250,000.00 for the purchase of PVC pipe used by the Utilities Department. This is the first of eight sixty (60) day supply extensions. These materials are purchased on an as needed basis for construction and repair projects. Funding is available in the Utilities Department budget.

Motion to approve.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

22. Consideration to award contract FY09-023 to the low bidder, Broadcast Technical Services, Houston, Texas, in the amount of $143,240.93 for the purchase and installation of computer editing equipment to be installed at the City of Laredo Telecommunication Center. This contract is for the purchase and installation of computer editing equipment replacing current editing equipment that has been in service since 2000. Funding is available in the Information Services and Telecommunications Department budget-Public Education and Government (PEG) Fee Fund.

Motion to approve.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

23. Authorizing the City Manager to award a professional services contract to USA Shade and Fabric Structures, Inc., Dallas, Texas, in an amount not to exceed $225,000.00 for the design, construction and installation of shade structures at seven (7) designated park sites. Funding for this project was made available through the Lamar Bruni Vergara Trust Grant Award and accounted for in the Capital Improvements Fund.

Motion to approve.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

24. Authorizing the City Manager to award a professional engineering services contract in the amount of $500,000.00 to Porras Nance Engineering, Laredo, Texas for engineering and surveying to develop reports, plans, specifications, bid documents, as-built drawings and cost estimates for the 24/36-Inch Water Transmission Main from Loop 20 and International to IH-35 and Union Pacific Railroad. Funding is available in the 2008 Revenue Bond.

Motion to approve.

Moved: Cm. Garcia 14 Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

25. Authorizing the City Manager to award a professional services contract in the sum of $1,225,000 to Black & Veatch Corporation associated with Civil Engineering Consultants Corporation dba Jeff Puig Engineering, for the design, bidding, and construction services, of the 60-Inch Water Transmission Main. The project consists of 32,000 linear feet of a 60” water transmission main from El Pico Ranch on Mines Road to IH 35 at an estimated cost amount of $12,800,000.00. Funding is available in the 2008 Utility Bond.

Motion to approve.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

26. Authorizing the City Manager to approve Amendment No. 1 (NADBANK- Work Order # 3) to ARCADIS, Laredo, Texas. The consultant shall credit the City of Laredo in the amount of $11,142.88 for the construction phase not performed by the consultant on the house to line connections. This amendment will bring the total contract amount to $58,500.12. This project is funded by the North American Development Bank (NADB) and funds are available in the Colonia’s Project Fund.

Motion to approve.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

27. Authorizing the City Manager to approve Amendment No. 1 (NADBANK- Work Order # 4) to Crane Engineering, Laredo, Texas. The consultant shall credit the City of Laredo in the amount of $9,359.25 for the construction phase not performed by the consultant on the house to line connections. This amendment will bring the total contract amount to $53,035.75. This project is funded by the North American Development Bank (NADB) and funds are available in the Colonia’s Project Fund.

Motion to approve.

Moved: Cm. Garcia Second: Mayor Pro Tempore Valdez For: 8 Against: 0 Abstain: 0

28. Authorizing the City Manager to approve Amendment No. 1 to the engineering services contract with Carollo Engineering – Austin, Texas in the amount of $26,800.00 for a new total amount of $3,688,800.00 for the additional engineering services in relation to the Jefferson Street Water Treatment Plant Expansion. Funding is available in the 2008 Utility Bond.

15 Motion to approve.

Moved: Cm. Garcia Second: Cynthia Liendo Espinoza For: 8 Against: 0 Abstain: 0

29. Authorizing the City Manager to amend the engineering services contract with Dannenbaum Engineering Company – McAllen, LLC in the amount of $404,824.86 for a new total amount of $8,098,637.52 for the additional engineering services in relation to the new 20 MGD Water Treatment Plant in northwest Laredo. Funding is available in the 2008 Utility Bond.

Motion to table.

Moved: Cm. Liendo Espinoza Second: Cm. Garza For: 8 Against: 0 Abstain: 0

30. Consideration for approval of change order #1 to Holloman Corporation, in the amount of $68,841.79 for the Jefferson Street Water Treatment Plant Disinfection Facilities. This change order is to provide for electrical and chemical changes needed for the expansion project and provide for site condition changes unforeseen during the design. The construction contract time is to be extended by 30 days to a total of 230 calendar days. The revised contract amount is $4,792,841.79. Funding for change order is the 2008 Utility Bond.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

31. Consideration for approval of change order #1 to Holloman Corporation, in the amount of $87,398.86 for the Laredo Raw Water Pumphouse No. 2 Improvements. This change order is to provide several changes including installation of the necessary conduits, cable, and manholes during this construction to alleviate the time and cost for the large expansion project. The construction contract time is to be extended by 30 days to a total of 230 calendar days. The revised contract amount is $833,050.86. Funding for change order is the 2006 Utility Bond.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

16 32. Authorizing the City Manager to award the construction contract to QRO MEX Construction, Granite Shoals, Texas in the amount of $430,832.00 for the rehabilitation of the Santa Rita 36” Sewer Collector. The construction time is 150 calendar days. Funding is available in the 2007 Sewer Bond.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

33. Consideration to acquire the “Surface Only” of Lots 3B and 3C, Block 1, William Bejerano Replat, located at 3504 East Saunders, City of Laredo, Webb County, Texas, in an amount not to exceed $1,250,000.00 plus relative closing costs and eligible relocation benefits for use as part of the Runway Protection Zone in Runway 35R of the City of Laredo International Airport. Funding for this project is available in Airport Improvement Grant 46 and 53.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

34. Consideration for approval of Amendment No. 2 an increase of $152,600.00 for revisions to construction plans, surveying, hydraulics and hydrology and plans for earthen channel to the professional services contract with Sherfey Engineering Company, L.L.C., Laredo, Texas, for the Shiloh Boulevard Extension and Backwood Drive Extension of 1,500 linear feet of the 60-ft. right-of-way (41-ft. back-to-back) from Eskimo Drive to the intersection with Shiloh Boulevard. Current engineering contract amount is $296,600.00. Funding is available in the 2007 Contractual Obligation Bond Proceeds.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

35. Consideration for approval of Amendment No. 2 an increase of $160,800.00 to the engineering contract with SCS Engineers, Bedford, Texas, for additional services, construction quality assurance services, and related surveying, mapping, permitting and related services for the New Type I Cell in the City of Laredo Municipal Landfill Located at 6912 Hwy. 359. SCS scope for Construction Quality Assurance and surveying services in the currently approved scope of services dated February 16, 2007, was based on Cell 13 (8.9 acres); the current project includes Cells 13 and 14 (17.9 acres). Current engineering contract amount is $507,900.00. Funding is available in the Solid Waste Account.

17 Motion to approve.

Cm. Garcia Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

36. Consideration for approval of Amendment No. 2 for an increase of $158,587.00 to the professional services contract with Carter & Burgess, Inc., Fort Worth, Texas, for the Laredo International Airport General Ramp Reconstruction - Phase IV, for repackaging/bidding services, construction phase services and on-site representative services. The revised current engineering contract amount including this Amendment No. 2 is $412,836.00. Funding is available in the FAA Grant Project No. 3-48-0136- 051-2007.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

37. Consideration for approval to award a professional services contract to Civil Engineering Consultants, Don Durden, Inc., dba Puig Engineering, Laredo, Texas, for an amount not to exceed $86,700.00 for design and preparation of plans and specifications for the Downtown Sidewalk and ADA Improvements. Funding is available in the 2008 Bond Sidewalks.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

38. Consideration for approval of change order no. 3 a decrease of $6,408.75 for the balance of quantities actually constructed in place, release of retainage, acceptance of the City of Laredo Riverfront Parking Lot Reconstruction and approval of final payment in the amount of $37,377.10 to StarTech Construction, Laredo, Texas. Final construction contract amount is $385,948.00. Funding is available in the Parking Meters Fund.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

39. Consideration to authorize the purchase and installation of a sports field lighting system from MUSCO Sports Lighting, Inc., Muscatine, IA, through the BuyBoard Cooperative Program in the total amount of $86,664.00 for Slaughter Park. Funding for this

18 purchase is available through 2006 Certificate of Obligation funds for Slaughter Park improvements.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

40. Consideration to award a demolition contract to the lowest qualified bidder Zertuche Construction, LLC in the amount of $15,990.00, for the demolition of five (5) substandard residential structures located at 3103 Guatemozin, 3105 Guatemozin, 3107 Guatemozin, 3201 Guatemozin, and 3205 Guatemozin, to alleviate periodic flooding in that area and provide green space and recreational park area. Funding is available in the 33rd AY Community Development Block Grant account.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

41. Approving monthly adjustments to the tax roll. The amounts to be adjusted for the month of December 2008, represent an increase of $161,293.45. These adjustments are determined by Webb County Appraisal District and by court orders.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

42. Refund of property tax in the amount of $2,317.98 to the following companies;

1. A refund in the amount of $817.98 payable to Countrywide Home Loans due to an overpayment. Account # 985-30016-020.

2. A refund in the amount of $1,500.00 payable to Countrywide Homes Loans due to an overpayment. Account # 985-10010-160.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

43. Award of a professional services contract to Lockwood, Andrews & Newnam (LAN), Inc., Houston, Texas, in the association with Crane Engineering, Laredo, Texas in the amount of $269,395.00 to provide consulting services for the Flores Street Drainage 19 Improvement and Sanitary Rehabilitation Project. The project is Phase I of the City’s efforts to improve the drainage systems for Flores Street from south of Iturbide to Water Street and eliminate the illegal connections to the storm drain. Funding is available in the 2008 Contractual Obligation Bond Proceeds.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

44. Consideration for approval of Change Order No. 1 to Antares Development Corporation, in the amount of $30,205.00 for Phase II of the archiving/preservation services of the City of Laredo Health Department’s Vital Statistics Program. Funding is available in the Health Department’s Vital Statistics operating budget.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

45. Consideration to execute a five (5) year service agreement with Embarq in the amount of $83,251.20 for the maintenance of the 9-1-1 Public Safety Answering Point (PSAP) equipment and mapping software (Mapped ALI) for the Laredo Training/Back up PSAP (subject to appropriations and availability of funds). Funding is available in the 9-1-1 Regional Fund.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0

46. Authorizing the City Manager to grant a public fireworks display permit for the Washington’s Birthday Celebration (WBCA) for February 22, 2009. WBCA will be having a fireworks display show at Life Downs. The technician for the fireworks display will be Melrose Pyrotechnics, Incorporated.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0

47. Authorizing the City Manager to execute the State Homeland Security Grant Program Sub-Recipient Grant Agreement between the City of Laredo and the Governor’s Division of Emergency Management (GDEM) to perform certain projects for the

20 period beginning September 1, 2008 and ending January 15, 2011 and accepting the total grant award in the amount of $850,000.00.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0

48. Consideration to award a software maintenance contract to the sole provider HTE Sungard, in the amount of $285,264.29. This maintenance contract provides customer support and service for the HTE OSSI computer system utilized by ending on December 31, 2009. Funding is available in the Police and Fire Department annual budgets.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0

49. Authorizing the City Manager to execute a contract with Laredo Main Street in the amount of $50,000.00 in support of the Laredo Main Street Program. Funding is available in the Hotel-Motel Fund.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0

50. Authorizing the City Manager to act as signator to the Leyendecker Plat, which dedicates for public use the Right of Way Easement, to be located across the Old R.G. & U.P. Railroad line, built on City of Laredo property.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0

51. Authorizing the City Manager to execute an agreement with Dr. Amando Garza, III who will render services on an as-needed basis, for the collection of evidence and courtroom testimony for cases involving sexual assault victims in an annual amount not to exceed $55,000.00, beginning January 1, 2009 to September 30, 2009. This agreement also enables the City of Laredo to be reimbursed expenses incurred, by the Crime Victims’ Compensation Program of the Office of the Attorney General, for those costs associated with forensic sexual assault examinations of victims in the maximum aggregate amount of $700.00 per victim. This agreement will allow the City to continue 21 reviewing each future case individually for additional reimbursements by the Office of the Attorney General Crime Victims Compensation Program to the City.

Motion to approve.

Moved: Cm. Garcia Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0

XII. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

52. A. Request by Mayor Raul G. Salinas

1. Instructing the City Manager to develop cost savings initiative and report to City Council.

Carlos Villarreal, City Manager, reported that City staff is looking at daily figures as far as what is included in the current budget which includes what the projected revenues are and what the projected expenditures are. He gave a comprehensive report on the first quarter revenues and expenditures noting that there was a shortfall of $756,000. He emphasized his concern for the bridge revenues by saying that if there continues to be 19% decrease the City will have as much as a seven million dollar shortfall.

He continued by saying that he will be examining all city positions and stressed that he will not be filling 27 positions at the bridge. He pledged to City Council and to City taxpayers that he would do whatever it takes to have the city in the black by the end of the year.

2. Update on restricting and/or prohibiting the use of cell phones in school zone areas in order to improve safety for the children in our community.

Raul Casso, City Attorney, reported that in September 2008 City Council had directed him to prepare an ordinance regarding cellular telephones in school zones. He added that he had submitted the Ordinance to City Council in their Friday packet two weeks later.

Carlos Maldonado, Chief of Police, reported that the ordinance he received and distributed to Council was from Gainsville, Texas. He noted that he had reviewed the proposed ordinance which covers the issues that need to be addressed.

Cm. Garza said that this issue needs to be addressed in terms of mass transit. He suggested expanding the scope of this ordinance to cover prohibiting the use of cell phones for school bus drivers, metro drivers and police officers. He said that bus drivers and other public safety drivers should not be allowed to use their cell phones while driving.

Cm. Garcia stressed the importance of keeping the youth safe. He suggested having city staff meet with the Metro and school systems to come up with recommendations to the ordinance. 22 3. Motion to create the Laredo Youth Blue Ribbon Committee. (Co-sponsored by Council Member Johnny Rendon and Council Member Juan Narvaez)

Mayor Salinas said that the reason he brought this objective for consideration is because he would like to have the City of Laredo youth more involved in local government. He said that it would allow them to participate in efforts implementing new programs that will enhance scholastic and leadership potential for the youth. He voiced that it will provide the community a unique opportunity to bring together a variety of students to form a united voice for the young people. He included that it would consist of two members from each high school including St. Augustine. The students would be selected by the school counselors and would meet monthly.

Motion to approve.

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

B. Request by Council Member Mike Garza

1. Discussion with possible action regarding utility charges for elderly customers.

Cm. Garza said that he had received a call regarding an elderly man who had his water disconnected for non-payment and the charge to reinstall his meter was more than the bill. He said that it does not make sense for the city to disconnect people’s water when they are on a fixed income. He suggested a moratorium for individuals over 65.

Carlos Villarreal, City Manager, said that he would do research on the item. He expressed his concern for individuals with fixed rates because it may create an avenue for water abuse. He said that he would return with recommendations for City Council.

Margarita Ayala, Customer Service Superintendent for the Utilities, explained the process for disconnection for water. She said that every account is sent a water bill with the due date. She added that if the bill is not paid by the following date the system automatically sends a notice of disconnect. From that time on, staff reviews all of the accounts to see if they have paid their account and if they have not they are terminated so the customer can come in to make their payment.

2. Update and discussion with possible action on the possibility of standardizing requirements for the various zoning classifications.

Cm. Garza said that within the zoning, depending on the type of business, there are different criterion. He said there are different issues for businesses. He suggested standardizing the requirements to make it easier for staff and the taxpayer.

Keith Selman, City Planner, said that Council would need to decide on every conceivable use and that would be impossible. He emphasized that there is no way to standardize requirements for various zoning classifications. 23 Motion to table.

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

3. Update and discussion with possible action on hiring a consulting firm for Project Management to assist the Utilities Department on Capital Improvement Projects. (Co- sponsored by Council Member Gene Belmares and Council Member Cynthia Liendo Espinoza)

Cm. Garza said that he had met with the City Manager to discuss the hiring of a consultant firm for the Project Management to assist the Utilities Department on Capital Improvement Projects.

Motion to instruct the City Manager to seek request for proposals to hire a consulting firm for Project Management to assist the Utilities Department on Capital Improvement Projects.

Moved: Cm. Garza Second: Cm. Garcia For: 8 Agaisnt: 0 Abstain: 0

4. Calling for an election for May 2009 for possible City Charter amendments, with possible action.

Cm Garza suggested charging the City Charter Commission with a deadline for possible amendments to the Charter which will allow City Council time to review the recommendations and consider a call for an election in May 2009.

Motion to provide a charge for the City Charter Commission which would ask them to have recommended amendments ready for City Council to review by the end of February to call an election no later than March 9, 2009.

Moved: Cm. Garza Second: Cm. Belmares For: 7 Against: 1 Abstain: 0 Cm. Landeck

C. Request by Council Member Juan Narvaez

1. Discussion with possible action requesting that the petition submitted by CUTFAT Committee “Petition for local option election to appraise local properties for property tax purposes every three years” be submitted to the voters at the next called City election or related action.

Dr. Xavier Cantu thanked Cm. Narvaez for placing the item on the agenda. He asked City Council to consider placing the above item on the ballot for citizen vote. He said 24 that CUTFAT is requesting the tax relief responsibility in the hands of the voters. He assured that the process of changing the appraisal would not affect the current revenue.

Andy Ramos, Jr. thanked Cm. Narvaez for placing this item on the agenda. He reminded City Council that they were appointed to provide relief to the taxpayers. He asked that they give the taxpayers an opportunity to vote on tax relief.

Martin Villarreal, Chief Appraiser for Webb County Appraisal District, said that the issue of three year appraisals has been ongoing. He explained that the appraisal district is required by the Property Tax Code and mandated through the state constitution to do appraisals based on the market value as of the first of the year. In order for the district to change the three year appraisals the legislators and state representatives need to pass the law in the state. State law supersedes any action that occurs. He stated that if there is a referendum held, the district is still mandated to follow the property tax code and to follow the state laws.

Raul Casso, City Attorney, stated that this initiative is certified as insufficient by the City Secretary. He asked if the petition was amended to cure the insufficiencies

The City Secretary affirmed that it had not been amended.

Raul Casso, City Attorney, said that according to the City Charter no further action can be taken on the petition. He said that CUTFAT can return with a new petition; however, the current petition was denied because it was insufficient.

Andy Ramos reminded the Council that he was not there because of the petition, but rather to ask City Council to place this item for a vote to the taxpayers.

Motion to table and come back with recommendations.

Moved: Cm. Narvaez Second: Cm. Liendo Espinoza For: 8 Against: 0 ` Abstain: 0

Cm. Garza said that action on this item will affect other governing bodies. He said that it would be more prudent and appropriate to take actions on items that Council has power over namely homestead exemptions and tax cuts. He cautioned everyone that the current tax revenue does not even fund the police and fire department.

D. Request by Council Member Johnny Rendon

1. Status report on the fencing project at Jose Flores Affordable Housing.

Elizabeth Alonzo, Laredo Municipal Housing, noted that all fencing has been installed at the Jose Flores Affordable Housing. She added that the entire project should be complete by Friday.

25 2. Status report on the dome for the Blas Castañeda Park.

Miguel Pescador, Parks and Leisure Manager, noted that there would be a groundbreaking ceremony scheduled for Friday, January 6, 2009. He informed Council that installation would take place in 30 to 45 days.

3. Status report on the signal light at the intersection of Loop 20 and Lakeside Subdivision.

Roberto Murillo, Traffic Director, reported that he provided information in the Friday package. He said that he had received the comments from TxDOT on Thursday and he would be meeting with them on Friday. He noted that the City of Laredo has provided the design to TxDOT and the City needs their approval before they can move forward with the project.

4. Status report on the resurfacing and waterline improvements in the Belmont Subdivision.

Public Works Director, John Orfila, reported that resurfacing was complete 100%.

E. Request by Council Member Gene Belmares

1. Discussion with possible action on adding traffic calming devices on Plantation East.

Cm. Belmares said that the members of the Plantation Home Owner’s Association forwarded a package to the office of traffic requesting a traffic calming device and speed humps for Plantation East. He went on to say that before the department proceeds he would like for staff to install the stop sign removed after the traffic count is completed. He said that he would like to install another stop sign at Burke and Plantation East.

Roberto Murillo, Traffic Director, reported that the department cannot place speed humps at the intersection of Burke and Plantation East. He voiced that he can consider some type of calming devices. He said that he would surrender a report to the Council to see what options are available for that type of a street.

2. Instructing the City Manager to obtain a legal opinion as to the Municipal Court current status as a Court of Record and to determine whether said court designation creates a new court requiring changes in election for such, with possible action.

Raul Casso, City Attorney, said that he has every confidence that the City of Laredo is a court of record. He rendered a written opinion that was submitted to Council stating his reasons and his authority for that position. He said he would like to place a written opinion about how the court of record will affect the future election of the municipal court judge.

Motion to instruct the City Manager to return with a legal opinion was withdrawn.

Moved: Cm. Belmares Second: Mayor Pro Tempore Valdez For: 7 Against: 0 Abstain: 0

26 Cm. Belmares asked that City Attorney provide a legal opinion considering both the Court of Record and the new court requiring changes in the election for such.

3. Status report on Industrial Park Streets Recycling Bond Program.

Keith Selman, City Planner, reported that the Council has received a map which identifies intersections and segments for reconstruction of concrete and reconstruction with asphalts/overlays in the Friday packet. He said that this is a nineteen million dollar project which has not started yet because they have not started the design.

4. Discussion with possible action on recreating the Telecommunications Advisory Committee and creating new charge to address issues of public access, consumer advocacy, and community telecom needs.

This item was not discussed at the request of Cm. Belmares.

F. Request by Mayor Pro-Tempore Jose A. Valdez, Jr.

1. Discussion with possible action regarding the Laredo Fire Department's Emergency Medical Services (EMS) operations and the EMS training program accreditation requirements.

Steve Landin, Fire Chief, reported that the Laredo Fire Department is in the process of transitioning into a more stringent EMS education program that is being mandated by the state and the national registry system. The paramedic program has been in existence since the 1980’s and the majority of the organization has already transitioned into certified license paramedic’s certification. He said that 80% of the firefighters are certified paramedics. The City of Laredo Fire department needs to maintain a high level of standard and education in order to be able to deliver the educational services to the firefighters. The City is falling under the provisions of the accreditation. By the year 2012 the program should be fully functional. Currently the educational program has a very high success ratio. In order to maintain the level of education and the level of services that are provided, staff needs to prepare for the accreditation status. He would like the support from Council to bring the accreditation forward.

Motion to reclassify the position of District Chief.

Moved: Mayor Pro Tempore Valdez Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

G. Request by Council Member Cynthia Liendo Espinoza

1. Status report on the renovations for Jarvis Plaza, with possible action. (Co-sponsored by Mayor Raul G. Salinas and Council Member Gene Belmares)

Miguel Pescador, Parks and Leisure Manager, and Fred Santos reported that staff has made progress on the renovations for Jarvis Plaza. He displayed a photograph of the current plaza and then displayed another picture with possible changes which include 27 more plants, additional flags, better seating, and highlighting different wars that the Veterans have participated in. He emphasized that there are many ideas for consideration.

XIII. STAFF REPORTS

53. a. Presentation of plan of finance by Noe Hinojosa, Estrada Hinojosa & Company, with possible action.

This item was not discussed.

b. Presentation by City Manager, Carlos Villarreal on the current status of the FY 2008-2009 Annual Budget to include current revenues and expenditures and a recommended plan of action to meet budget should revenues decline due to current economic conditions.

This item was discussed in item # 52 (A) (1).

XIV. EXECUTIVE SESSION

The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.

54. Request for Executive Session pursuant to Texas Government Code Section 551.071 (1) (A) to consult with attorney on the pending eminent domain case of City of Laredo v. Luis Montano, et. al., Cause No. 2008CVQ00134D1, in the 49th District Court, Webb County, Texas; and return to open session for possible action.

Motion to go into Executive Session pursuant to Texas Government Code Section 551.071 (1) (A) to consult with attorney on the pending eminent domain case of City of Laredo v. Luis Montano, et. al., Cause No. 2008CVQ00134D1, in the 49th District Court, Webb County, Texas; and return to open session for possible action.

Moved: Cm. Belmares Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

After Executive Session Mayor Raul G. Salinas announced that no formal action was taken.

XV. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MASS TRANSIT BOARD

Motion to recess as the Laredo City Council and convene as the Laredo Mass Transit Board.

28 Moved: Cm. Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0

55. 2009-RT-001 Authorizing the City of Laredo to file an application with the Department of Transportation, Federal Transit Administration, United States of America, in the amount of $1,619,931.00 for Fiscal Year 2008- 2009 and authorizing the Transit General Manager to execute all related documents.

Motion to approve Resolution 2009-RT.001.

Moved: Cm. Belmares Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

56. 2009-RT-002 Authorizing the General Manager to enter into an Interlocal Agreement with the San Mateo County Transit District (SMCTD) and Laredo Transit Management to utilize the assign ability clause (piggyback) from SMCTD request for proposal #09-SAMTR-M-001 for the purchase of one (1) twenty-nine (29) foot trolley in the amount of $369,807.00 from the Gillig Corporation in Hayward, California; and authorizing the Laredo Transit General Manager to sign all required documents. Funding is available in the 2007 Contractual Bond Proceed.

Motion to approve Resolution 2009-RT.002.

Moved: Cm. Belmares Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

57. 2009-RT-003 Authorizing the Transit General Manager to accept and execute the Texas Department of Transportation Vehicle Capital Replacement Grant No. VCR 0902(22)042 for Fiscal Year 2009, in the amount of $959,480.00 and a 17% local matching of $196,515.00. The grant is for the capital purchase of seventeen (17) paratransit vans with bus lifts to replace El Metro’s El Lift Department van fleet. The vehicles acquired will be in compliance with the Americans with Disability Act (ADA) and Clean Air Act (CAA).

Motion to approve Resolution 2009-RT.003.

Moved: Cm. Belmares Second: Cm. Liendo Espinoza For: 8 Against: 0 Abstain: 0

XV. ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL AND ADJOURN

29 Motion to adjourn as the Laredo Mass Transit Board and reconvene as the Laredo City Council and adjourn.

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

30