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CITY OF LAREDO CITY COUNCIL MEETING A-2011-R-19 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 OCTOBER 17, 2011 5:30 P.M. DISABILITY ACCESS STATEMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to contact Gustavo Guevara, City Secretary at (956) 791-7308 at least two working days prior to the meeting so that appropriate arrangements can be made. The accessible entrance and accessible parking spaces are located at City Hall, 1100 Victoria Ave. Out of consideration for all attendees of the City Council meetings, please turn off all cellular phones and pagers, or place on inaudible signal. Thank you for your consideration. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MINUTES Approval of the minutes of October 6, 2011 V. COMMUNICATIONS AND RECOGNITIONS Recognitions a. Recognizing KuGar TaeKwonDo Fight Team for their awards and participation in the South Texas Open TaeKwonDo Championship on September 24, 2011 in San Antonio, Texas. Communiqués a. Video presentation of the National Night Out held on October 4, 2011. Citizen comments Citizens are required to fill out a witness card and identify themselves at the microphone. Comments should be relevant to City business and delivered in a professional manner. No derogatory remarks will be permitted. There is a time limit of three minutes per speaker.

CITY OF LAREDO...Webb County, Texas. 8. 2011-R-106 Authorizing the City Manager to accept a grant from the Bulletproof Vest Partnership (BVP) program. The U.S. Department of 5 Justice

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  • CITY OF LAREDO CITY COUNCIL MEETING

    A-2011-R-19 CITY COUNCIL CHAMBERS

    1110 HOUSTON STREET LAREDO, TEXAS 78040

    OCTOBER 17, 2011 5:30 P.M.

    DISABILITY ACCESS STATEMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to contact Gustavo Guevara, City Secretary at (956) 791-7308 at least two working days prior to the meeting so that appropriate arrangements can be made. The accessible entrance and accessible parking spaces are located at City Hall, 1100 Victoria Ave. Out of consideration for all attendees of the City Council meetings, please turn off all cellular phones and pagers, or place on inaudible signal. Thank you for your consideration. I. CALL TO ORDER

    II. PLEDGE OF ALLEGIANCE

    III. ROLL CALL

    IV. MINUTES

    Approval of the minutes of October 6, 2011

    V. COMMUNICATIONS AND RECOGNITIONS

    Recognitions a. Recognizing KuGar TaeKwonDo Fight Team for their awards and

    participation in the South Texas Open TaeKwonDo Championship on September 24, 2011 in San Antonio, Texas.

    Communiqués a. Video presentation of the National Night Out held on October 4, 2011.

    Citizen comments Citizens are required to fill out a witness card and identify themselves at the microphone. Comments should be relevant to City business and delivered in a professional manner. No derogatory remarks will be permitted. There is a time limit of three minutes per speaker.

  • 2

    VI. PUBLIC HEARINGS

    1. Public hearing and introductory ordinance amending the Zoning Ordinance (Map) of the City of Laredo by rezoning the north 2/3 of Lot 4 and the northeast portion of Lot 3, Block 1020, Eastern Division, located at 3202 S. Buena Vista Avenue, from R-3 (Mixed Residential District) to B-3 (Community Business District); providing for publication and effective date. Staff does not support the application and the Planning and Zoning Commission recommends denial of the zone change. District I

    (Recess) (Press Availability)

    VII. INTRODUCTORY ORDINANCES

    2. Authorizing the City Manager to approve an amendment to lease

    agreement dated August 2, 2004 and approved by Ordinance no. 2004-O-184 and further amended on August 6, 2007 by Ordinance no. 2007-O-132 between the City of Laredo, as Lessor, and Ronnie Salomon d/b/a Avionics Services International as Lessee for the approximate 5,980 square feet constituting Hangar No. 1307 located at 4400 Maher Avenue within the Laredo International Airport. The amendment extends the lease ending date from July 31, 2012 to July 31, 2017 and allows for a rental adjustment based on the fair market value of the leased premises effective August 1, 2012. All other terms and conditions remain unchanged and in effect; providing for an effective date.

    3. Authorizing the City Manager to approve an amendment to a lease agreement dated December 1, 2008 and approved by Ordinance No. 2008-O-241 between the City of Laredo, as Lessor, and Laredo Aerocenter, Inc., as Lessee for a tract of land consisting of 7,882 square feet. The amendment increases the leased premises from 7,882 square feet to 9,882 square feet and increases the monthly rental amount from $867.24 to $1,087.02, effective October 1, 2011. All other terms and conditions remain unchanged and in effect; providing for an effective date.

    4. Authorizing the City Manager to execute a lease with Air Trade Laredo, L.L.C., for approximately 1.973 acres (85,930.81 square feet) of land located at 4700 Maher Avenue and known as Lot No. 1-B-2, Block No. 1 at the Laredo International Airport. Lease term is for twenty (20) years commencing on November 1, 2011, and ending on October 31, 2031, and may be extended for two (2) consecutive ten (10) year terms ending on October 31, 2051. Initial rent shall be $2,610.00 per month and shall be adjusted annually according to changes in the Consumer Price Index and further adjusted by Fair Market Value appraisal on the 10th, 20th, and 30th anniversaries. Lessor waives Lessee’s rental obligation for the initial six (6) months commencing October 1, 2011 and ending on March 31, 2012 of the term of this lease; providing for an effective date.

  • 3

    VIII. FINAL READING OF ORDINANCES

    5.

    2011-O-140

    Authorizing the City Manager to enter into contract with the Texas Health and Human Services Commission (HHS) and amending the City of Laredo Health Department FY 2011-2012 budget by appropriating additional revenues and expenditures in the amount of $344,708.00 with an in-kind match of $35,165.00. Also, amending the FTE Position listing by creating six (6) FTE positions for this project to implement a Nurse-Family Partnership (NFP) in which the City of Laredo Health Department (CLHD) will provide evidence-base nurse home visitation for first-time mothers and their children for the period beginning September 1, 2011 through August 31, 2012. Continuation of this program will be contingent on funding availability.

    2011-O-141

    Authorizing the City Manager to accept and execute the Texas Department of Transportation (TXDOT), Section 5317, New Freedom (NF) Project Grant Agreement no. 51022F7094 in the amount of $350,000.00 with a local match of $87,500.00, for a grand total of $437,500.00; and to amend the FY 2011-2012 Transit Capital Grants budget by appropriating the same amount for the construction of ADA sidewalks and bus shelters.

    2011-O-142

    Authorizing the City Manager to approve an amendment to lease agreement dated May 16, 2005 and approved by Ordinance No. 2005-O-113 between the City of Laredo, as LESSOR, and L.A. Ventures Terminal, Ltd., as LESSEE for a tract of land consisting of 3.64 acres (158,558 square feet). The amendment extends the lease ending date from May 31, 2045 to May 31, 2051 constituting Tract 9 of Lot 1, Block 1. All other terms and conditions remain unchanged and in effect; providing for an effective date.

    2011-O-143

    Amending the City of Laredo Leave Ordinance and the Code of Ordinances book as follows: Chapter 2, Article II, Division 3 Leave Policy, § 2-51 et seg., as follows:

    1. Limiting annual leave and sick leave accruals during Serious Illness Leave and Workers Compensation leave and allowing sick leave to be transferred from one employee to another;

    2. Renaming the Memorial Day holiday to Memorial Day/9-11 holiday in accordance with H.B. 2113;

    3. Modifying eligibility for the personal holiday;

    4. Re-defining the Serious Illness Leave program;

    5. Adding an Administrative Leave provision;

  • 4

    6. Making grammatical improvements and otherwise editing the Leave Policy where appropriate; and, providing for an effective date of October 17, 2011. (AS AMENDED) (UNLESS OTHERWISE STATED IN A COLLECTIVE BARGAINING AGREEMENT)

    2011-O-144

    Authorizing the City Manager to apply for a loan from the Texas Water Development Board (TWDB) in the amount of $48,750,000.00 to fund improvements to the South Laredo Wastewater Treatment Plant. By securing this loan through TWDB, the City will save approximately $281,791.00 per year or $8,453,730.00 over 30 years.

    IX. RESOLUTIONS

    6. 2011-R-099

    Accepting the conveyance of the following utility easements and temporary construction easements, for the 24 inch Waterline Killam Elevated Tank to Doctors Hospital-Bob Bullock Loop Project, from:

    San Isidro Northeast, Ltd. - six (6) utility easements with corresponding temporary construction easements as follows: One over a 1.15 Acre Tract, a copy of which conveyance is attached as Exhibit 1; and One over a 1.11 Acre Tract, a copy of which conveyance is attached as Exhibit 1; and One over a 0.055 Acre Tract, a copy of which conveyance is attached as Exhibit 1; and One over a 0.018 Acre Tract, a copy of which conveyance is attached as Exhibit 2; and One over a 1.14 Acre Tract, a copy of which conveyance is attached as Exhibit 2; and One over 0.08 Acre Tract, a copy of which conveyance is attached as Exhibit 3; and directing that the said six easements (and Temporary Construction Easements) be filed of record in official property records of Webb County, Texas.

    7. 2011-R-105

    Accepting the conveyance of the following utility easement and temporary construction easement, for the 36 Inch Water Main IH 35, Killam Ranch to International and Bob Bullock Loop Project, from:

    HRM International, Ltd.—Utility Easement with corresponding Temporary Construction Easement as follows: One over a 0.2041 Acre Tract, a copy of which conveyance is attached as Exhibit 1; and directing that the said Easement (and Temporary Construction Easement) be filed of record in official property records of Webb County, Texas.

    8. 2011-R-106 Authorizing the City Manager to accept a grant from the Bulletproof Vest Partnership (BVP) program. The U.S. Department of

  • 5

    Justice BVP program will fund $3,981.00 and the City of Laredo will designate $3,981.00 in matching funds for a total program budget of $7,962.00. Funding will be used to replace bulletproof vests that exceed the recommended life expectancy. Funding is available in the City of Laredo Special Police Programs.

    9. 2011-R-107

    Ratifying the City Manager’s submittal of a grant application in the amount of $50,000.00 to the Department of Transportation Federal Motor Carrier Safety Administration for 2012 Motor Carrier Safety Assistance Program. This grant will require a 20% cash match. This grant will be used to pay for salaries, public awareness and educational activities. Funding for the match is available in Special Police Fund. (Approved by Finance Committee)

    X. MOTIONS

    10. Authorizing the City Manager to enter into a one (1) year service agreement with SunGard Public Sector, Lake Mary, Florida, in the amount of $134,015.00. This service agreement is for software enhancements and maintenance on the financial applications residing on the City’s IBM iSeries computer system for the period of October 1, 2011 through September 30, 2012. Funding is available in the Information Technology Fund. (Approved by Finance Committee)

    11. Consideration to authorize a purchase contract to Kraftsman Playground and Park Equipment, Spring, Texas, utilizing the Buy Board Cooperative Purchasing Program contract pricing, in the amount of $61,919.78 for the purchase and installation of rubber surfacing for the Blas Castañeda Park. Funding is available in the 2010 Tax C.O. Issue. (Approved by Finance Committee)

    12. Consideration to award supply contract FY12-001 to the sole bidder Anderson Columbia, Lake City, Florida, in the estimated amount of $225,000.00 for the purchase of SS-1 and AE-P emulsified asphalt oils used for street paving projects. All materials are purchased on an as needed basis utilizing the construction project budgets. Funding is available in the Public Works and Utilities Department construction budgets. (Approved by Finance Committee)

    13. Consideration to renew contract FY10-081 awarded to Rush Truck Center, Laredo, Texas, in the estimated amount of $130,000.00, and Rotex Truck Center, Laredo, Texas in the estimated amount of $50,000.00 for the purchase of original equipment manufacturer (OEM) parts for the City’s medium and heavy duty trucks. All parts will be secured on an as needed basis. Funding is available in the Fleet Maintenance budget. (Approved by Finance Committee)

    14. Consideration to award contract FY12-002 to the low bidder, Consolidated Electric, Laredo, Texas, in the amount of $65,354.77 for the purchase of

  • 6

    electrical wire and materials for the Lyon Booster Station and Millennium Booster Station. Funding is available in the 2008 Water Bond. (Approved by Finance Committee)

    15. Consideration for approval of amendment no. 3 to Camp, Dresser & McKee (CDM), Inc., for the amount of $40,000.00 for the TWDB Environmental Information (EID) Preparation for the South Laredo Wastewater Treatment Plant. The revised contract amount is $4,605,350.00. Funding is available in the 2010 Sewer Bond. (Approved by Finance Committee)

    16. Authorizing the City Manager to execute a construction contract with the lowest responsible bidder, Merryman Excavation, Inc., of Woodstock, Illinois, in the amount of $4,158,189.00 for the construction of a 36’ Water Main RE-BID from Loop 20 and International Boulevard to IH-35. The construction time is two hundred twenty (220) working days. Funding is available in the 2009 D Waterworks Bond. (Approved by Finance Committee)

    17. Authorizing the City Manager to approve change order no. 2 to QRO Mex Construction, Inc., for the 24” Transmission Water Main Improvements, existing contract. This change order will add fifteen (15) days to the existing contract for the contractor to make various horizontal and vertical alignment revisions that were required to adjust the proposed waterline around existing utilities uncovered during construction. This change order will not change the existing contract amount of $4,063,060.00. Utilities

    18. Consideration for approval of change order no. 4 to Pesado Construction, Schertz, Texas; for the Hendricks, Milmo and Lyon Water Booster Pump Station Improvements Project in the amount of $57,924.06 and 79 additional days. The contractor for this change order will provide additional labor; equipment and materials to upgrade the booster stations on Milmo & Lyon Booster Stations (see background for the scope of services). The new contract amount is $4,397,456.23. The project is subject to Texas Water Development Board approval. Funding of change order will be from the 2009 Utility Bond. (Approved by Finance Committee)

    19. Consideration for approval of change order no. 2 in the amount of a $128,000.00 credit to the contract to Landmark Structures for the 3.0 MG Elevated Water Storage Tank at Bartlett and Price. This change order consists of adjustments required for removing the landscaping, site work and fencing for the project. This change order will also add one hundred two (102) working days to the existing contract due to extra work needed and hot weather delays. The total contract amount will change to $3,510,600.00, with a total contract time of four hundred eighty three (483) working days. Funding is available in the 2009 Utility Bond Fund. (Approved by Finance Committee)

    20. Directing staff to prepare a service plan for the unilateral annexation of four (4) tracts of land totaling 1,060.85 acres, more or less, as shown on

  • 7

    attachment “A”, in accordance with Section 43.052 of the Texas Local Government Code.

    21. Consideration to award a contract to Inductive Applications, L.L.C., in the amount of $51,007.00 for the monthly fee and monthly statements, including postage, to continue to provide web based subscription and support to EMS services, collections, medical coding and training for the term of December 1, 2011 through November 30, 2012. Funding is available in the Health Department Budget for EMS Billing Services. (Approved by Finance Committee)

    22. Consideration to award a contract to Antares Development Corporation not to exceed $210,000.00 utilizing the Buy Board Cooperative Purchasing Program Contract 331-09 for the continuation of Phase IV of the data management system. This will allow completion of the Animal Control Service automation to improve field operations, inspections and permitting as well as the development of a functional electronic medical and dental record and archiving system for the medical and dental clinics. This will also improve patient care and customer service through improved records management and archiving for the term of November 1, 2011 through October 31, 2012. Funding is available in the Health Department Budget. (Approved by Finance Committee)

    23. Authorizing the City Manager to acquire the “Surface Only” of a Drainage Easement located at 1318 Longhorn Drive Tract consisting of a 1,320 sq. ft. easement located on the east side of the property, legally described as Lot 2, Block 6, Shiloh II, which will provide for access to North Central Park. Said parcel is to be acquired in an amount not to exceed $5,900.00 plus incidental expenses. This will be a voluntary transaction. Funding is available in Manadas Creek Drainage Improvement Project 2007.

    24. Authorizing the City Manager to execute a contract with the Laredo Development Foundation in the amount of $273,394.00 for FY 2011-2012. Funding is available in the General Fund in the amount of $206,754.00, and the Bridge Fund in the amount of $66,640.00.

    25. Authorizing the City Manager to execute a contract with the Laredo Animal Protective Society otherwise known as the Laredo Animal Shelter, totaling $300,000.00 for FY 2011-2012. Funding is available in the General Fund.

    26. Authorizing the City Manager to execute individual contracts with the following Third Party Funding Recipients, totaling $318,725.00.00 for FY 2011-2012. Funding is available in the General Fund:

    Area Health Ed. Ctr. $ 9,000.00 BEST $ 5,000.00 Bethany House $21,000.00 BigBrother/Sister of So.TX $ 2,000.00 BANC $28,400.00 Boys’ & Girl’s Clubs $20,000.00 Boys Scouts of America $ 1,000.00 Casa de Misericordia $16,000.00 Children’s Advocacy Ctr $27,825.00 Girl Scouts of So.TX $ 1,000.00

  • 8

    Habitat for Humanity $10,500.00 Imaginarium of So.TX $ 7,000.00 Kidney Foundation $20,000.00 Laredo Amateur Boxing $ 5,000.00 Laredo Little Theatre $ 4,000.00 Laredo Reg. Food Bank $ 8,000.00 LISD CrimeStoppers $ 4,500.00 Literacy Volunteers $ 3,000.00 Sacred Heart Childrens Home $15,000.00 SCAN $13,500.00 So. TX Food Bank $ 35,000.00 Special Olympics $ 7,000.00 STCADA $ 5,000.00 TX Migrant SafeHaven $10,000.00 Veteran’s Coalition $40,000.00 TOTAL

    $ 318,725.00

    27. Authorizing the City Manager to execute individual contracts with the

    following Hotel/Motel Tax Fund Recipients totaling $419,960.00 for FY 2011-2012. Funding is available in the Hotel/Motel Tax Fund.

    Border Olympics $ 80,000.00 Chamber of Commerce/Cola Blanca $ 25,000.00 Laredo Ctr. For the Arts $150,000.00 Laredo AreaYouth Soccer Asso. $ 20,000.00 Laredo Phil. Orchestra $ 23,400.00 LULAC 7 $ 2,460.00 Mexican Cultural Institute $ 4,100.00 Society of Martha Wash. $ 10,000.00 Streets of Laredo $ 15,000.00 WBCA $ 60,000.00 Webb County Heritage Found. $ 30,000.00

    28. 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 from the Hotel-Motel Fund.

    29. Consideration to authorize the installation of speed cushions along Rancho Grande Dr., between Hwy. 359 and Loop 20, under the special provision of the Speed Hump Installation Policy. Project costs are estimated at $8,000.00 and funding will be made available from Capital Improvements Discretionary Funding City Council District II. Staff recommends against the installation of speed cushions on Rancho Grande Drive.

    30. Approving monthly adjustments to the tax roll. The amounts to be adjusted for the month of September 2011, represent a decrease of $4,145.72. These adjustments are determined by the Webb County Appraisal District and by court orders.

    31. Refund of property tax in the amount of $5,947.29 to the following taxpayers:

    1. A refund in the amount of $5,412.29 payable to Compass Bank due to an overpayment. Account no. 986-00009-030.

    2. A refund in the amount of $535.00 payable to Silvia Chavarria due to an erroneous payment. Account no. 812-08000-931.

  • 9

    XI. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

    32.

    A. Request by Mayor Raul G. Salinas

    1. Discussion with possible action to support UISD and LISD migrant farm worker children seeking higher educational opportunities. (Co-Sponsored by Council Member Mike Garza & Council Member Jorge A. Vera)

    B. Request by Council Member Mike Garza

    1. Discussion with possible action on creating a resolution requesting county making improvements to Wormser Road.

    2. Discussion with possible action on the future use of South Canada Road between Norton and Ireland Streets.

    3. Status report on Merida Street Extension Project.

    C. Request by Council Member Esteban Rangel

    1. Presentation by area Zumba instructors on an upcoming

    Zumba event to be held at the Blas Castaneda Recreation Center for the benefit of Breast Cancer Awareness. (Co-Sponsored by Mayor Pro-Tempore Johnny Rendon)

    D. Request by Mayor Pro-Tempore Johnny Rendon

    1. Recognizing Brother Philip Degagne, SMS, for devoting more than 50 years as a Marist Brother, and for his many years of service for the benefit of the Community of Laredo. (Co-Sponsored by Council Member Charlie San Miguel)

    E. Request by Council Member Charlie San Miguel

    1. Status report with possible action on the intersection of Winfield Parkway and Loop 20.

    F. Request by Council Member Cynthia Liendo Espinoza

    1. Presentation by "Speak for me Now" in reference to the Animal Shelter.

    2. Update with possible action on Plaza Theatre Feasibility Study and possible lease with Hbr, Inc. Victor Trevino and Danny Lopez, Jr.

  • 10

    XII. 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.

    33. Request for executive session pursuant to Texas Government Code

    Section 551.071 (1) (A) to consult with the City Attorney on contemplated litigation involving the use of eminent domain to condemn real property, namely: Lot 8, Block 1174, Eastern Division; and return to open session for possible action.

    34. Request for executive session pursuant to Texas Government Code Section 551.071(1) (A) to consult with the City Attorney on contemplated litigation involving the use of eminent domain to condemn real property, namely: Lots 3, 4, 5, and 6 of Block 2169, Eastern Division; and return to open session for possible action.

    XIII. ADJOURNMENT

    This notice was posted at the Municipal Government Offices, 1110 Houston Street, Laredo, Texas, at a place convenient and readily accessible to the public at all times. Said notice was posted on Wednesday, October 12, 2011 at 6:30 p.m.

    Gustavo Guevara, Jr. City Secretary

  • COUNCIL COMMUNICATION

    Page 1 of 2

    Date:

    10117111

    SUBJECT: PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning the north 213 of Lot 4 and the northeast portion of Lot 3, Block 1020, Eastern Division, located at 3202 S. Buena Vista Avenue, fiom R-3 (Mixed Residential District) to B-3 (Community Business District); providing for publication and effective date. Staff does not support the application and the Planning and Zoning Commission recommends denial of the zone change. District I ZC-34-2011

    Initiated by: Eduardo C. Gonzalez

    Staff source: Nathan Bratton, Interim Planning Director

    Prior action: The item was tabled by City Council at the regular meeting of October 3,201 1.

    BACKGROUND

    Council District: I - The Honorable Mike Garza

    Proposed use: Commercial

    Site: The site is currently occupied by a vacant mobile home.

    Surrounding land uses: To the immediate north and south of the property is single family residen- tial. Beyond that to the north is M & D Party Creations and Solis Stop 'n' Shop (gaso- linelconvenience store), and to the south is a used car lot. East of the site is predominantly residential, including site built and manufactured homes, as well as some duplexes. There are also a number of vacant lots, and a creek. Templo Alfa y Omega is a block north of the site. On the west side of US Highway 83 (the Zapata Highway) is the Sacred Heart Children's Home.

    Comprehensive Plan: The Comprehensive Plan identifies this area as Light Commercial.

    Transportation Plan: The Long Range Thoroughfare Plan does not identify either South Buena Vista Avenue or Cross Street; US Highway 83 is identified on the Plan as an Expressway.

    Letters sent to surrounding property owners: 15 In Favor: 0 Opposed: 0 STAFF COMMENTS

    The proposed zone change is not appropriate at this location. Although the property conforms to the B-3 requirement that the site abut a principal arterial street (Highway 83 is an Expressway), some B-3 uses could be offensive to the residences surrounding the site. However, given there are some busi- nesses in this area along the Highway 83 corridor, a B-1 (Limited Commercial District) would be more appropriate. A B-1 would be in keeping with the Future Land Use Plan's designation of this area as Light Commercial.

    P&Z COMMISSION RECOMMENDATION: The P & Z Commission, in a 6 to & vote, recommended denial of the zone change.

    STAFF RECOMMENDATION: Staff does not support the proposed zone change.

  • CQUIVCPE COMMUNICATION

    IMPACT ANALYSIS

    B-3 (Community Business District): The purpose of the B-3 District (Community Business District) is to provide for those businesses and services serving a trade area larger than a neighborhood but smaller than the entire city and located primarily along minor or principal arterial streets, as classified in the Transportation Plan of the City of Laredo. It is intended for this zoning classification to exist primarily abutting minor or principal arterial streets while preserving established residential neighbor- hoods along such streets.

    Is this change contrary to the established land use pattern? Yes. The property is immediately surrounded by residences, although there are some small businesses further north and south along the Highway 83 corridor.

    Would this change create an isolated zoning district unrelated to surrounding districts? No. There is B-3 zoning across the street to the north, as well as a strip along the US Highway 83 corridor to the west. There are also some B-1 areas south of the site.

    Will change adversely influence living conditions in the neighborhood? Some of the uses allowed in a B-3 could potentially have an adverse effect on the neighborhood by increasing traffic and noise.

    Are there substantial reasons why the property can not be used in accordance with existing zon- ing? Yes. The R-3 (Mixed Residential District) does not allow for commercial uses.

    Page 2 of 2

  • 3202 Buena Vista Rezone fror 1-3 (Mixed Residential District) . Council District 1

    to 8-3 (hmmunity Business District) -. ZC-34-20 11 NORTH A

    *C: Z-.iditional Use Permit (CUP) *S=Special Use Permit (SUP) I i n c h = 4 1 1

  • COUNCIL COMMUNICATION

    DATE:

    1011 7/20 1 1

    SUBJECT: INTRODUCTORY ORDINANCE Authorizing the City Manager to approve an amendment to lease agreement dated August 2, 2004 and approved by Ordinance No. 2004-0- 184 and further amended on August 6,2007 by Ordinance No. 2007-0-132 between the City of Laredo, as Lessor, and Ronnie Salomon d/b/a Avionics Services lnternational as Lessee for the approximate 5,980 square feet constituting Hangar No. 1307 located at 4400 Maher Ave. within the Laredo lnternational Airport. The amendment extends the lease ending date from July 31, 2012 to July 31, 2017 and allows for a rental adjustment based on the fair market value of the leased premises effective August 1, 2012. All other terms and conditions remain unchanged and in effect; providing for an effective date.

    INITIATED BY: Jesus Olivares STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Manager PREVIOUS ACTION: City Council has approved several lease agreements and lease amendments with Ronnie Salomon d/b/a Avionics Services International.

    BACKGROUND:

    Ronnie Salomon d/b/a Avionics Services lnternational has leased hangar No. 1307 since 2004. Mr. Salomon has substantially improved the facilities and this building has been recognized by FAA as a Certified Repair Station in accordance with FAR 145.103.

    Ronnie Salomon d/b/a Avionics Services lnternational is a tenant in good standing.

    FINANCIAL: Aeronautical Land Rent Revenues

    Account No. 242-G000-361-2070 Monthly Rent: $1,815.93

    BOARD RECOMMENDATION On October 04, 201 1, the Airport Advisory Board considered this item and recommends approval.

    STAFF RECOMMENDATION: That the City Manager be authorized to execute the lease amendment.

  • ORDINANCE 2011-0-

    AUTHORIZING THE CITY MANAGER TO APPROVE AN AMENDMENT TO LEASE AGREEMENT DATED AUGUST 2, 2004 AND APPROVED BY ORDINANCE NO. 2004-0-184 AND FURTHER AMENDED ON AUGUST 6, 2007 BY ORDINANCE NO. 2007-0-132 BETWEEN THE CITY OF LAREDO, AS LESSOR, AND RONNIE SALOMON D/B/A AVIONICS SERVICES INTERNATIONAL AS LESSEE FOR THE APPROXIMATE 5,980 SQUARE FEET CONSTITUTING HANGAR NO. 1307 LOCATED AT 4400 MAHER AVE. WITHIN THE LAREDO INTERNATIONAL AIRPORT. THE AMENDMENT EXTENDS THE LEASE ENDING DATE FROM JULY 31, 2012 TO JULY 31, 2017 AND ALLOWS FOR A RENTAL ADJUSTMENT BASED ON THE FAIR MARKET VALUE OF THE LEASED PREMISES EFFECTIVE AUGUST 1,2012. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED AND IN EFFECT; PROVIDING FOR AN EFFECTIVE DATE.

    WHEREAS, the Airport Manager recommends that the City Council approve an amendment to lease agreement dated August 2, 2004 and approved by Ordinance No. 2004-0-184 and further amended on August 6, 2007 by Ordinance No. 2007-0-132 between the City of Laredo, as Lessor, and Ronnie Salomon d/b/a Avionics Services International, as Lessee, for the approximate 5,980 square feet constituting Hangar No. 1307 located at 4400 Maher Ave. within the Laredo International Airport. The amendment extends the lease ending date fiom July 3 1,20 12 to July 3 1,201 7 and allows for a rental adjustment based on the fair market value of the leased premises effective August 1, 2012, as a contract and in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport;

    WHEREAS, the Airport Manager and the Airport Advisory Board finds that said lease amendment is in the best interest of the Airport and recommends that the City Council approve the proposed lease amendment; and

    WHEREAS, the City Council of the City of Laredo having heard the recommendations of the Airport Manager and of the Airport Advisory Board agrees with same.

    NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

    Section 1 : The City Manager be hereby authorized to amend a lease agreement dated August 2, 2004 and approved by Ordinance No. 2004-0-184 and further amended on August 6, 2007 by Ordinance No. 2007-0-132 between the City of Laredo, as Lessor, and Ronnie Salomon d/b/a Avionics Services International, as Lessee, for the approximate 5,980 square feet constituting Hangar No. 1307 located at 4400 Maher Ave.

    Page 1 of 2

  • LEASE AMENDMENT FOR HANGAR NO. 1307 AVIONICS SERVICES INTERNATIONAL

    within the Laredo International Airport. The amendment extends the lease ending date from July 3 1, 20 12 to July 3 1, 20 17 and allows for a rental adjustment based on the fair market value of the leased premises effective August 1, 20 12, at the Laredo International Airport, a copy of which lease is attached hereto as Exhibit A, and incorporated herein as if set out at length for all intents and purposes.

    Section 2: This Ordinance shall become effective upon passage hereof.

    PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2011.

    RAUL G. SALINAS MAYOR

    ATTEST:

    GUSTAVO GUEVARA, JR. CITY SECRETARY

    APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

    BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY

    Page 2 of 2

  • COUNCIL COMMUNICATION

    DATE:

    1011712011

    SUBJECT: INTRODUCTORY ORDINANCE Authorizing the City Manager to approve an amendment to a lease agreement dated December 1, 2008 and approved by Ordinance No. 2008-0-241 between the City of Laredo, as Lessor, and Laredo Aerocenter, Inc., as Lessee for a tract of land consisting of 7,882 square feet. The amendment increases the leased premises from 7,882 square feet to 9,882 square feet and increases the monthly rental amount from $867.24 to $1,087.02 effective October 1, 201 1. All other terms and conditions remain unchanged and in effect; providing for an effective date.

    INITIATED BY: Jesus Olivares STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Manager

    PREVIOUS ACTION: On December 1,2008 City Council approved a lease agreement between the City of Laredo, as Lessor, and Aerocenter, Inc., as Lessee.

    BACKGROUND:

    Laredo Aerocenter, Inc., a fixed based operator, wishes to increase the leased premises by an additional 2,000 square feet in order to modify the fuel containment system so as to allow for the placement of an additional aviation fuel tank within the West Side Fuel farm.

    Laredo Aerocenter, Inc. has been supplying the aviation community at Laredo International Airport with fixed based operation services since 1975.

    Laredo Aerocenter, inc. is a tenant in good standing.

    FINANCIAL: Aeronautical Land Rent Revenues Account No. 242-0000-361 -2070 ..- Monthly Rent: $1,087.02

    BOARD RECOMMENDATION: On October 04, 201 1, the Airport Advisory Board considered this item and recommends approval.

    STAFF RECOMMENDATION: That the City Manager be authorized to execute the lease amendment.

  • ORDINANCE 2011-0-

    AUTHORIZING THE CITY MANAGER TO APPROVE AN AMENDMENT TO LEASE AGREEMENT DATED DECEMBER 1, 2008 AND APPROVED BY ORDINANCE NO. 2008-0-241 BETWEEN THE CITY OF LAREDO, AS LESSOR, AND LAREDO AEROCENTER, INC., AS LESSEE FOR A TRACT OF LAND CONSISTING OF 7,882 SQUARE FEET. THE AMENDMENT INCREASES THE LEASED PREMISES FROM 7,882 SQUARE FEET TO 9,882 SQUARE FEET AND INCREASE THE MONTHLY RENTAL AMOUNT FROM $867.24 TO $1,087.02 EFFECTIVE OCTOBER 1, 2011. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED AND IN EFFECT; PROVIDING FOR AN EFFECTIVE DATE.

    WHEREAS, the Airport Manager recommends that the City council approve an amendment to lease agreement dated December 1, 2008 and approved by Ordinance No. 2008-0-241 between the City of Laredo, as LESSOR, and Laredo Aerocenter, Inc., as LESSEE for a tract of land consisting of 7,882 square feet. The amendment increases the leased premises from 7,882 square feet to 9,882 square feet and increases the monthly rental amount from $867.24 to $1,087.02 effective October 1, 2011 at the Laredo International Airport, as a contract and in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport;

    WHEREAS, the Airport Manager and the Airport Advisory Board finds that said lease amendment is in the best interest of the Airport and recommends that the City Council approve the proposed lease; and

    WHEREAS, the City Council of the City of Laredo having heard the recommendations of the Airport Manager and of the Airport Advisory Board agrees with same.

    NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

    Section 1: The City Manager be hereby authorized to amend the lease agreement dated December 1, 2008 and approved by Ordinance No. 2008-0-241 between the City of Laredo, as LESSOR, and Laredo Aerocenter, Inc., as LESSEE for a tract of land consisting of 7,882 square feet. The amendment increases the leased premises from 7,882 square feet to 9,882 square feet and increases'the monthly rental amount from $867.24 to $1,087.02 effective October 1, 201 1 at the Laredo International Airport, a copy of which lease is attached hereto as Exhibit A, and incorporated herein as if set out at length for all intents and purposes.

    Page 1 of 2

  • Laredo Aerocenter Lease Amendment Fuel Farm

    Section 2: This Ordinance shall become effective upon passage hereof.

    PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2011.

    RAUL G. SALINAS MAYOR

    ATTEST:

    GUSTAVO GUEVARA, JR. CITY SECRETARY

    APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

    l / & y p U BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY

    Page 2 of 2

  • COUNCIL COMMUNICATION DATE:

    1 0103120 1 1

    SUBJECT: INTRODUCTORY ORDINANCE

    Authorizing the City Manager to execute a lease with Air Trade Laredo, LLC for approximately 1.973 acres (85,930.81 square feet) of land located at 4700 Maher Avenue and known as Lot No. 1-B-2, Block No. 1 at the Laredo International Airport. Lease term is for twenty (20) years commencing on November 1, 201 1, and ending on October 31, 2031, and may be extended for two (2) consecutive ten (10) year terms ending on October 31, 2051, Initial rental shall be $2,610.00 per month and shall be adjusted annually according to changes in the Consumer Price Index and further adjusted by Fair Market Value appraisal on the lothl 2oth, and 3oth anniversaries. Lessor waives Lessee's rental obligation for the initial six months commencing October 1, 201 1 and ending on March 31, 2012 of the term of this lease; providing for an effective date.

    INITIATED BY: Jesus M. Olivares Assistant City Manager

    STAFF SOURCE: Jose L. Flores, Airport Manager

    PREVIOUS COUNCIL ACTION: None.

    BACKGROUND:

    The City of Laredo solicited lease proposals from the public to be received on August 26, 201 1. Air Trade Laredo, LLC., and L.A. Ventures were the proponents for this property. L.A. Ventures opted out of bid

    Air Trade Laredo, LLC., met all requirements from proposal specifications, and wishes to enter into the land lease.

    Air Trade Laredo, LLC., proposes to construct a building (s) of not less than 25,000 square feet.

    The permitted uses are: Air Cargo Facilities (dry and cold storage), Freight Forwarding, Air Cargo Logistics, Transportation, Customs Clearing Cervices, and Aeronautical use such as; Aircraft hangerlstorage, Fixed Based Operations and other aeronautical uses only.

    FINANCIAL IMPACT: Aeronautical Land Rent Revenues 242-0000-361 -2070 $2,610.00 Per Month x 12 Months = $31,320.00

    COMMITTEE RECOMMENDATION: On September 20, 201 1, the Airport Advisory Board considered this item and recommends approval.

    STAFF RECOMMENDATION: Approval of this Ordinance.

  • ORDINANCE 201 1-0-

    Authorizing the City Manager to execute a lease with Air Trade Laredo, LLC., for approximately 1.973 acres (85,930.81 square feet) of land located at 4700 Maher Avenue and known as Lot No. 1-B-2, Block No. 1 at the Laredo International Airport. Lease term is for twenty (20) years commencing on November 1, 2011, and ending on October 31, 2031, and may be extended for two (2) consecutive ten (10) year terms ending on October 31, 2051. Initial rental shall be $2,610.00 per month and shall be adjusted annually according to changes in the Consumer Price Index and further adjusted by Fair Market Value appraisal on the loth, 2oth, and 3oth anniversaries. Lessor waives Lessee's rental obligation for the initial six months commencing October 1, 2011 and ending on March 31, 2012 of the term of this lease; providing for an effective date.

    WHEREAS, the Airport Manager recommends that the City Council approve the proposed lease between the City of Laredo, as LESSOR, and Air Trade Laredo, LLC., as LESSEE, for approximately 1,973 acres (85,930.81 square feet) of land located at 4700 Maher Avenue and known as L,ot No. 1-B-2, Block No. 1, at the Laredo International Airport, as a contract and in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport;

    WHEREAS, the Airport Manager and the Airport Advisory Board finds that said lease is in the best interest of the Airport and recommends that the City Council approve the proposed lease; and

    WHEREAS, the City Council of the City of Laredo having heard the recommendations of the Airport Manager and of the Airport Advisory Board agrees with same.

    NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

    Section 1: The City Manager be hereby authorized to execute a lease Air Trade Laredo, LLC., as LESSEE, for approximately 1,973 acres (85,930.8 1 square feet) of land located at 4700 Maher Avenue and known as Lot No. 1-B-2, Block No. 1, at the Laredo International Airport, a copy of which lease is attached hereto as Exhibit A, and incorporated herein as if set out at length for all intents and purposes.

    Page 1 of 2

  • LEASE AGREEMENT BETWEEN THE CITY OF LAREDO AND AIR TRADE LAREDO, LLC

    Section 2: This Ordinance shall become effective upon passage hereof.

    PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2011.

    RAUL G. SALINAS MAYOR

    ATTEST:

    GUSTAVO GUEVARA, JR. CITY SECRETARY

    APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

    BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY

    Page 2 of 2

  • COUNCIL COMMUNICATION I DATE: I SUBJECT: FINAL READING ORDINANCE 2011-0-140 I

    Authorizing the City Manager to enter into contract with the Texas Health and Human Services Commission (HHS) and amending the City of Laredo Health Department FY 20 1 1-20 12 budget by appropriating revenues and expenditures in the amount $344,708.00 with an in-kind match of $35,165.00. Also, amending the FTE Position Listing by creating six (6) FTE Positions for this project to implement a Nurse-Family Partnership (NFP) in which the City of Laredo Health Department (CLHD) will provide evidence-based nurse home visitation for first- time mothers and their children for the period beginning September 1, 2011 through August 3 1, 2012. Continuation of this program will be contingent on

    ~ - I funding availability. INITIATED BY: STAFF SOURCE: Cynthia Collazo Hector F. Gonzalez, M.D., M.P.H. Deputy City Manager Health Director - PREVIOUS COUNCIL ACTION: On October 3,201 1, Council introduced the Ordinance. BACKGROUND:

    The Texas Health and Human Services Commission (HHS) has contracted with the City of Laredo Health Department (CLHD) for a Nurse-Family Partnership (NFP) to provide home visitation services for first-time mothers to enhance early and timely access to care, improve women's health outcome and imporve children's growth, development and wellness as well as assure prevention of potential risks in women and child neglect and abuse.

    LaredoIWebb County has the third largest birth rate in the state of Texas and over 45% un/underinsured andlor medically indigent. It is also a health professions shortage area. Teen pregnancy is a critical unmet need with 334 recorded teen pregnancies in 2009. Late prenatal care is also a problem with over 60% of maternity patients seen in the second or early third trimester, increasing the risk of infant mortality and reducing the positive birth outcomes for the mother and newborn child. A project such as the NFP integrated into the CLHD maternity and prevention routine services will greatly improve outcomes, assure the continuum of care and link first time mothers, their children and their families to all social services needed to improve the quality of life.

    Resources provided through this grant also include the creation of six (6) FTE positions comprised of one (1) RN, Nurse Supervisor, one (1) Clerk 111, and four (4) RN 11.

    BUDGET ON NEXT PAGE - FINANCIAL: The City of Laredo Health Department will receive $344,708.00 in funds from HHS and will contribute $35,165.00 as in-kind match for the period beginning September 1, 20 1 1 through August 3 1,2012. The revenue account 226-0000-321-6301 will increase by $344,708.00 and the revenue account for the in-kind match 226-0000-372-1 100 will increase by $35,165.00. The expenditure division 226- 6104 with the project number HENFOl will increase by $379,873.00. RECOMMENDATION: I STAFF: Recommends that Council approve the

    Ordinance.

  • BUDGET

  • ORDINANCE 2011-0-140

    AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACT WITH THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION (HHS) AND AMENDING THE CITY OF LAREDO HEALTH DEPARTMENT FY 2011-2012 BUDGET BY APPROPRIATING REVENUES AND EXPENDITURES IN THE AMOUNT $344,708.00 WITH AN IN-KIND MATCH OF $35,165.00. ALSO, AMENDING THE FTE POSITION LISTING BY CREATING SIX (6) FTE POSITIONS FOR THIS PROJECT TO IMPLEMENT A NURSE-FAMILY PARTNERSHIP (NFP) IN WHICH THE CITY OF LAREDO HEALTH DEPARTMENT (CLHD) WILL PROVIDE EVIDENCE-BASED NURSE HOME VISITATION FOR FIRST-TIME MOTHERS AND THEIR CHILDREN FOR THE PERIOD BEGINNING SEPTEMBER 1, 2011 THROUGH AUGUST 31, 2012. CONTINUATION OF THIS PROGRAM WILL BE CONTINGENT ON FUNDING AVAILABILITY.

    WHEREAS, the Texas Health and Human Services Commission (HHS) has contracted with the City of Laredo Health Department (CLHD) for a Nurse-Family Partnership (NFP) to provide home visitation services for first-time mothers to enhance early and timely access to care, improve women's health outcome and imporve children's growth, development and wellness as well as assure prevention of potential risks in women and child neglect and abuse; and

    WHEREAS, LaredoIWebb County has the third largest birth rate in the state of Texas and over 45% unlunderinsured andlor medically indigent. It is also a health professions shortage area. Teen pregnancy is a critical unrnet need with 334 recorded teen pregnancies in 2009. Late prenatal care is also a problem with over 60% of maternity patients seen in the second or early third trimester, increasing the risk of infant mortality and reducing the positive birth outcomes for the mother and newborn child; and

    WHEREAS, a project such as the NFP integrated into the CLHD maternity and prevention routine services will greatly improve outcomes, assure the continuum of care and link first time mothers, their children and their families to all social services needed to improve the quality of life.

    NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

    Section 1: The City Manager is hereby authorized to enter into contract and amend the City of Laredo Health Department FY 20 1 1-20 12 budget by appropriating revenues and expenditures in the amount $344,708.00 with an in-kind match of $35,165.00 in which the City of Laredo Health Department (CLHD) will provide evidence-

  • based nurse home visitation for first-time mothers and their children for the period beginning September 1, 201 1 through August 3 1, 2012. Continuation of this program will be contingent on funding availability.

    Section 2: The City Manager is hereby authorized to amend the FTE Position Listing by creating six (6) FTE Positions for this project to implement a Nurse-Family Partnership (NFP) comprised of one (1) RN, Nurse Supervisor, one (1) Clerk 111, and four (4) RN 11.

    Section 3: The revenue account 226-0000-32 1-630 1 is hereby increased by $344,708.00 and the revenue account for the in-kind match 226-0000-372-1 100 is hereby increased by $35,165.00. The expenditure division 226-6 104 with the project number HENFOl is hereby increased by $379,873.00.

    Section 4: The City Manager is hereby authorized to make transfers within the budget as allowable under the Special Contract Provisions and General Provisions of the contract with DSHS to meet the necessary costs to accomplish the scope of work for the program.

    PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR

    ON THIS DAY OF ,2011.

    RAUL G. SALINAS MAYOR

    ATTEST:

    GUSTAVO GUEVARA, JR. CITY SECRETARY

    APPROVED AS TO FORM:

    RAUL CASSO CITY ATTORNEY

  • INITIATED BY: Jesus Olivares, Assistant City Manager

    CITY COUNCIL COMMUNICATION

    STAFF SOURCE: Feliciano Garcia, LTMI General Manager

    Date: 10-17-11

    PREVIOUS BOARD ACTION:

    SUBJECT: FINAL READING OF ORDINANCE 2011-0-141 AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT), SECTION 53 17, NEW FREEDOM (NF) PROJECT GRANT AGREEMENT #5 1022F7094 IN THE AMOUNT OF $350,000.00 WITH A LOCAL MATCH OF $87,500.00, FOR A GRANT TOTAL OF $437,500.00; AND TO AMEND THE FY 2011-2012 TRANSIT CAPITAL GRANTS BUDGET BY APPROPRIATING THE SAME AMOUNT FOR THE CONSTRUCTION OF ADA SIDEWALKS AND BUS SHELTERS.

    BACKGROUND: The Texas Transportation Commission passed minute order 112709 awarding the City of Laredo, the New Freedom Grant in the amount of $350,000.00 with a local match of $87,500.00 for the construction of ADA sidewalks and bus shelters.

    The Texas Transportation Commission takes special note of its designation by the governor as the administering agency for the Federal Transit Administration (FTA) grant programs, New Freedom Formula Grant Program (NF) (49 U.S.C. $ 5317), and further acknowledges that federal program regulations require TxDOT to ensure that these grant funds are distributed fairly and equitable within the state.

    FINANCIAL:

    Budget Proposed Budget Amendment Budget

    Transit Capital Grants: Revenues: Capital Grant $0 $350,000 $350,000 Transfer Idsales Tax $0 $87,500 $87,500

    Expenses: Capital Outlay

    TRANSIT COMMITTEE: STAFF RECOMMENDATION: Staff recommends approval of this ordinance.

  • ORDINANCE NO 20 1 1-0- 14 1

    AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT), SECTION 5317, NEW FREEDOM (NF) PROJECT GRANT AGREEMENT #5 1022F7094 IN THE AMOUNT OF $350,000.00 WITH A LOCAL MATCH OF $87,500.00, FOR A GRANT TOTAL OF $437,500.00; AND TO AMEND THE FY 2011-2012 TRANSIT CAPITAL GRANTS BUDGET IN THE SAME AMOUNT FOR THE CONSTRUCTION OF ADA SIDEWALKS AND BUS SHELTERS.

    WHEREAS, The Texas Department of Transportation Commission has approved Minute Order Number 1 12709; and

    WHEREAS, The Texas Department of Transportation is prepared to award a grant to the City of Laredo, in the amount of $350,000.00 with a local match of $87,500.00, for a total of $437,500.00; and

    WHEREAS, The City Council finds it to be in the best interest of the City of Laredo, Texas to accept the said grant Section 5317 New Freedom Grant Agreement #51022F7094 and amend the FY 201 1-2012 Transit Capital Grants Budget.

    NOW THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF LAREDO THAT:

    Section 1. the City Manager is authorized to accept the Texas Department of Transportation (TXDOT), Section 53 17 New Freedom Grant in the amount of $350,000.00; and

    Section 2. the City Manager is authorized to match the grant funds in the amount of $87,500.00 for a total of $437,500.00; and

    Section 3. the City Manager is authorized to execute all necessary documents relating to the said Grant.

    PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2011.

    RAUL SALINAS MAYOR

    ATTEST:

    GUSTAVO GUEVARA, JR. CITY SECRETARY

    APPROVED AS TO FORM:

    BY: RAUL CASSO CITY ATTORNEY

  • COUNCIL COMMUNICATION

    DATE:

    10/17/2011

    1

    SUBJECT: Final Reading Ordinance No. 2011-0-142 Authorizing the City Manager to approve an amendment to lease agreement dated May 16, 2005 and approved by Ordinance No. 2005-0- I13 between the City of Laredo, as LESSOR, and L.A. Ventures Terminal, Ltd., as LESSEE for a tract of land consisting of 3.64 acres (158,558 square feet). The amendment extends the lease ending date from May 31, 2045 to May 31, 2051 constituting Tract 9 of Lot I , Block I . All other terms and conditions remain unchanged and in effect; providing for an effective date.

    INITIATED BY: Jesus Olivares STAFF SOURCE: Jose L. Flores Assistant City Manager Airport Manager

    PREVIOUS ACTION: On May 16,2005 City Council approved a lease agreement between the City of Laredo, as Lessor, and L.A. Ventures, as Lessee.

    BACKGROUND:

    L A . Ventures, Inc. has developed approximately 240,000 square feet of air cargo facilities located within the Laredo International Airport Airpark Facilities Subdivision and which presently houses several tenants including UPS, DB Shenker, Continental Cargo, DHL

    L.A. Ventures, Inc. is a tenant in good standing.

    Aeronautical Land Rent Revenues Account No. 242-0000-361 -2070 Monthly Rent: $3,934.12

  • ORDINANCE 201 1-0-142

    AUTHORIZING THE CITY MANAGER TO APPROVE AN AMENDMENT TO LEASE AGREEMENT DATED MAY 16, 2005 AND APPROVED BY OaDINANCE NO. 200543-113 BETWEEN THE CITY OF LAREDO, AS LESSOR, AND L.A. VENTURES TERMINAL, LTD., AS LESSEE FUR A TRACT OF LAND CONSISTING OF 3.64 ACRES (158,558 SQUARE FEET). THE AMENDMENT EXTENDS THE LEASE ENDING DATE FROM MAY 31, 2045 TO MAY 31, 2051 CONSTITUTING TRACT 9 OF LOT 1, BLOCK 1. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED AND IN EFFECT; PROVIDING FOR AN EFFECTIVE DATE.

    WHEREAS, the Airport Manager recommends that the City Council approve an amendment to lease agreement dated May 16, 2005 and approved by Ordinance No. 2005-0-1 13 between the Cilty of L d o , as LESSOR, and L.A. Ventures Terminal, Ltd., as LESSEE for a tract of land consisting of 3.64 acres (158,558 square feet). The amendment extends the lease ending date from May 31, 2045 to May 31, 2051 constituting Tract 9 of Lot 1, Block 1, at the Laredo International Airport, as a contract and in furtherance of the development of the Laredo International Airport and as a support to the maintenance and operation of the Laredo International Airport;

    WHEREAS, the Airport Manager and the Airport Advisory Board finds that said lease is in the best interest of the Airport and recommends that the City Council approve the proposed lease; and

    WHEREAS, the City Council of the City of Laredo having heard the recommendations of the Airport Manager and of the Airport Advisory Board agrees with same.

    NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

    Section 1 : The City Manager be hereby authorized to amend a lease agreement dated May 16,2005 and approved by Ordinance No. 2005-0-1 13 between the City of Laredo, as LESSOR, and L.A. Ventures Terminal, Ltd., as LESSEE for a tact of land consisting of 3.64 acres (158,558 square feet). The amendment extends the lease ending date from May 3 1, 2045 to May 3 1, 205 1 constituting Tract 9 of Lot 1, Block 1, at the Laredo International Airport, a copy of which lease is attached hereto as Exhibit A, and incorporated herein as if set out at length for all intents and purposes.

    Page 1 of 2

  • LA VENTURES TRACT 9

    Section 2: This Ordinance shall become effective upon passage hereof.

    PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE DAY OF ,2011.

    RAUL G. SALINAS MAYOR

    ATTEST:

    GUSTAVO GUEVARA, JR. CITY SECRETARY

    APPROVED AS TO FORM: RAUL CASSO CITY ATTORNEY

    BY: VALERIA M. ACEVEDO ASSISTANT CITY ATTORNEY

    Page 2 of 2

  • COUNCIL COMMUNICATION

    DATE: 1 011 71201 1

    SUBJECT: FINAL READING Ordinance No. 2011-0-143 Amending the City of Laredo Leave Ordinance and the Code of Ordinances book as follows: Chapter 2, Article II, Division 3 Leave Policy, 5 2-51 et seg., as follows: 1. Limiting annual leave and sick leave accruals during Serious lllness Leave and Workers Compensation leave and allowing sick leave to be transferred from one employee to another; 2. Renaming the Memorial Day holiday to Memorial Day19-11 holiday in accordance with H.B. 21 13; 3. Modifying eligibility for the personal holiday; 4. Re-defining the Serious lllness Leave program; 5. Adding an Administrative Leave provision; 6. Making grammatical improvements and otherwise editing the Leave Policy where appropriate; and, providing for an effective date of October 17,201 1. (As Amended). (UNLESS OTHERWISE STATED IN A COLLECTIVE BARGAINING AGREEMENT.)

    INITIATED BY: Horacio De Leon, Jr., Asst. City Manager Carlos Villarreal, City Manager

    STAFF SOURCE: Daniel E. Migura, Jr., Human Resources Director

    PREVIOUS COUNCIL ACTION: City Council took action to amend the ordinance to allow sick leave and annual leave to accrue after 45 working days on Serious lllness paid hours and to allow employees to transfer sick leave to another employee.

    BACKGROUND: Due to economic challenges staff has reviewed this ordinance to streamline and limit previous practices and calculated accruals. The ordinance addresses restricting accruals while an employee is in the Serious Illness program or while on Worker's Compensation.

    The ordinance also re-names Memorial Day to be in compliance with HB 21 13 to designate 91 1 Remembrance Day, and restricts the eligibility for the Personal Holiday during the 1'' year of employment.

    This ordinance also addresses the City's Serious Illness program to recognize current illnesses and injury challenges that our employees face.

    This ordinance also restricts the use of Serious Illness program if an employee is involved in an illness or accident as a result of criminal activity.

    The ordinance provides for a provision to address Administrative Leave.

    FINANCIAL IMPACT: None.

    COMMITTEE RECOMMENDATION: None

    STAFF RECOMMENDATION: Staff recommends Approval of Ordinance.

  • ORDINANCE NO. 2011-0- 143

    Amending the City of Laredo Leave Ordinance and the Code of Ordinances book as follows: Chapter 2, Article II, Division 3 Leave Policy, 5 2-51 et seg., as follows: 1. Limiting annual leave and sick leave accruals during Serious lllness Leave and Workers Compensation leave and allowing sick leave to be transferred from one employee to another; 2. Renaming the Memorial Day holiday to Memorial Dayl9-11 holiday in accordance with H.B. 21 13; 3. Modifying eligibility for the personal holiday; 4. Re-defining the Serious Illness Leave program; 5. Adding an Administrative Leave provision; 6. Making grammatical improvements and otherwise editing the Leave Policy where appropriate; and, providing for an effective date of October 17,201 1. (As Amended). (UNLESS OTHERWISE STATED IN A COLLECTIVE BARGAINING AGREEMENT.)

    WHEREAS, due to economic challenges staff has reviewed this ordinance to streamline and limit previous practices and calculated accruals. The ordinance addresses restricting accruals while an employee is in the Serious Illness program or while on Worker's Compensation.

    WHERERAS, the ordinance also re-names Memorial Day to be in compliance with H.B. 21 13 to designate 91 1 Remembrance Day, and restricts the eligibility for the Personal Holiday during the lst year of employment.

    WHEREAS, this ordinance also addresses the City's Serious Illness program to recognize current illnesses and injury challenges that our employees face.

    WHEREAS, This ordinance also restricts the use of Serious lllness program if an employee is involved in an illness or accident as a result of criminal activity.

    WHEREAS, The ordinance provides for a provision to address Administrative Leave.

    THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO, TEXAS, THAT:

    DIVISION 3. LEAVE POLICY*

    Sec. 2-5 1. Definitions. As used in this division, the following terms shall have the meaning indicated: City employees are those employed by the city and paid with city finds with the approval of the city manager. Employee's immediate family consists of the employee's spouse and children and the employee's or spouse's father, mother, brothers, sisters, grandparents or legal guardian. Leave category I is the category occupied by employees during the first i i=e@ ten (1 0) years of service with the city of Laredo. Leave category 11 is the category assigned to those employees who have over &e+j ten (1 0) years but not more than fifteen (1 5) years of service with the city of Laredo.

  • Leave category 111 is the category assigned to those employees who have over fifteen (15) years of service with the city oflaredo. Leave year shall mean twenty-six (26) pay periods beginning with the first full pay period in the calendar year and ending with the last pay period which begins in that same calendar year. Normal tour of duty shall mean eight (8) hours a day, Monday through Friday.

    Orientation employees are those city employees hired as regular employees and who must satisfactorilv complete twelve-month orientation period. Regular full-time employees are those city employees assigned to work a full work week on a position without time limitation. Regular part-time employees are those city employees assigned to work less than a full work week on a position without time limitation. Service computation date (SCD). Employees who have prior periods of service with the city may have a service computation date (SCD) different from the entrance on duty date (EDD). The employee may be given credit for the prior period of actual service less a deduction equal to the period of time not on the city's rolls, except for persons who were reduced in force for whom credit for the h l l period of prior employment may be given as provided in section 2-75. Temporary employees are those city employees assigned to positions with a time limitation. Uncommon tour of duty shall mean any tour other than the normal tour of duty.

    Sec. 2-52. Objectives. The personnel policies and procedures described in this division are designed to bring to the city personnel function a high degree of understanding, cooperation, efficiency, and unity through systematic, uniform application of modem personnel practices. Objectives of the city personnel management system are: (1) To promote and increase efficiency, responsiveness to the public and economy in the administration of the city's personnel. (2) To provide fair and equal opportunity for qualified persons to enter in the city's rolls in a manner based on merit and fitness ascertained through fair and practical personnel management methods. (3) To maintain recruitment, advancement, and tenure practices that enhance the attractiveness of a career with the city and encourage each employee to give hislher best effort to the city and the public. (4) To maintain consistent, up-to-date position classification and compensation plans based on the relative duties and responsibilities of positions in the city government. (5) To promote high morale among city employees by fostering good working relationships and by providing uniform personnel policies, opportunities for advancement, and consideration of employees' needs and desires.

    Sec. 2-53. Equal opportunity policy. The city's equal employment opportunity policy is that there will be no discrimination on the basis of race, color, religion, sex, national origin, age, handicap or political affiliation in effecting personnel actions. A copy of the city's equal employment opportunity program booklet is available for employees' review in each department.

    Sec. 2-54. Applicability of division. The personnel policies and procedures set out in this division shall apply to all city employees except where inconsistent with state law, charter, or ordinance. Persons employed under contract and to supply professional and technical service and personnel appointed to serve without pay shall not be considered city employees for purposes of these policies.

    Sec. 2-55. Dissemination of division provisions. All city employees shall be informed of the existence of the policies set out in this division and each department shall keep at least one copy available for the employees' review.

  • Sec. 2-56. Responsibility for personnel management. (a) The overall responsibility for personnel management rests with the city manager, who may delegate it as necessary and proper. (b) The personnel director is delegated the responsibility for developing, administering, and interpreting personnel policies and procedures as they apply to all city employees. The personnel director shall advise management in all areas of personnel administration including employee- management relations, training and career development, and employee health, safety, and morale. (c) Department keftaf director and subordinate management personnel are responsible for enforcing the provisions of the policies set out in this division and for cooperating with the personnel director on all related matters pertinent to their organizations. For the purpose of administering these policies and procedures, elected officials who head their specific department will be considered as department heads. (d) Every city employee must carry out hislher responsibilities to the best of hislher ability.

    Sec. 2-57. Administrative workweek. (a) The administrative workweek for city employees shall begin on Sunday at 12:Ol a.m., and end on Saturday at 12:OO midnight. (b) The basic workweek for all full-time city employees, except those whose positions require stand-by time, shall be forty (40) hours. The normal tour of duty within the forty (40) hour basic workweek shall consist of five (5) eight (8) hour days, being Monday through Friday. (c) All city offices rendering services to the public shall be open continuously from 8:00 a.m. to 5:00 p.m. The lunch period for employees in these departments will be staggered so as to allow the office to provide continuous service from 8:00 a.m. to 5:00 p.m. (d) The forty (40) hour tour of duty as herein provided for may be scheduled to include Saturday and Sunday, but only when adherence to the normal tour of duty would hamper operations. Approval of uncommon tours of duty as set herein must be requested by the department head director, in writing, from the personnel department prior to the establishment of any uncommon tour of duty.

    Sec. 2-58. Holidays. (a) Legal holidays for all city employees are as follows: (1) New Year's Day (January 1). (2) Martin Luther King Jr. Day (third Monday in January). (3) President's Day (third Monday in February). (4) Friday before Easter Sunday. (5) MemoriallSeptember 1 lth (Remembrance) Day (last Monday in May). (6) Independence Day (July 4). (7) Labor Day (first Monday in September). (8) Veteran's Day (November 1 1). (9) Thanksgiving Day (fourth Thursday in November). (1 0) Friday after Thanksgiving Day (fourth Friday in November). (1 1) Christmas Eve (December 24). (12) Christmas Day (December 25). (13) Personal holiday (date subject to department director approval and after being employed with the City for one year.). The department shall insure that each one of their employees take the holiday assigned to them for that fiscal year; the employee shall take the personal holiday before the end of the fiscal year or lose it. 1f the employee ha^ to work on their designated holiday, they will be allowed to reschedule their holiday as determined by their department director. To ensure operating efficiency of the department, the employee must submit a three (3) day written notice unless a personal hardship does not allow for an advance notification.

  • (b) As many employees as possible shall be given each holiday off consistent with the maintenance of essential city functions. (c) Full-time regular employees shall be entitled to paid holidays. (d) Part-time employees and temporary employees (this includes seasonal, co-operative students, and interns) hired after July 2,2006, will not be entitled to holidays with pay. (e) Department heads director shall ensure that eligible employees working unusual schedules or on shifts receive benefit of the h l l number of official holidays. ( f ) When a holiday falls on a regularly scheduled workday, that day is observed as the holiday. When a holiday falls on a non-workday, the day that is observed as a holiday is determined as follows; (1) Normal tour of duty. For employees whose basic workweek is Monday through Friday, a holiday falling on Sunday is observed on the following Monday, and a holiday falling on Saturday is observed on the preceding Friday. (2) Uncommon tour of duty. For employees whose basic workweek is scheduled on days other than Monday through Friday, the day observed as a holiday is determined as follows: a. When the employee's regularly scheduled workdays include Sunday, the first non-workday in the administrative workweek is designated as a day in lieu of Sunday. When a holiday falls on the non-workday designated as sunday, the next r&ularly scheduled workday is observed as a holiday. b. When a holiday falls on a non-workday other than the non-workday designated as Sunday the workday immediately preceding the day is observed as a holiday. (g) An employee on leave of absence without pay status on the holiday or on the scheduled workday immediately preceding or following the holiday shall not receive pay for the holiday. (h) Employees desiring to observe religious holidays not coinciding with official holidays may be given time off without pay or may be authorized to use accrued annual leave.

    Sec. 2-59. Annual leave. (a) Full-time regular employees earn annual leave as follows: (1) Zero to ten years of service: UQ to ten (1 0) working days per year, 3.08 A. L. (2) Ten t o m e e n years of service: UP to twelve (12) working days per year, 3.69 A.L. (3) Over fifteen years of service: UP to fifteen ( 1 5 ) working days per year, 4.62 A. L. (b) Part-time regular - employees hired prior to July 12, 2006 shall accrue annual leave in proportion to time worked. Part-time and temporary employees (this includes seasonal, co- operative students, and interns) hired after July 12,2006, are not entitled to annual leave. (c) An employee must be currently employed for a continuous period of six (6) months before any annual leave earned may be used or paid upon termination. (d) Annual leave shall not accrue for employees paid less than 40 hours in a pay period. Employees paid less than 79 hours but at least 40 hours in a pay period shall accrue one-half of the employee's usual rate of accrual for that pay period.

    (ii) ~ n n u a i Leave shall not accrue after 45 working days for Serious Illness pm, hours. (iii) Annual Leave shall not accrue after 45 working days for Workers Compensation (Iniurv

    with - pay hours and Injury without pay hours)fiom the date o f iniury.

    (e) The maximum amount .of annual leave that an employee may carry over from one year to the next is sixty (60) days [four hundred eighty (480) hours]. Any annual leave to the employee's credit over the sixty (60) days [four hundred eighty (480) hours7 maximum will be transferred and added to the employee's sick leave accrual balance at the end of thejscal leave year. ( f ) Holidays falling within a scheduled annual leave period shall not be charged as leave. (g) Employees who leave city employment after a minimum of six (6) months' employment will be paid a lump sum for the annual leave balance to their credit up to a maximum of sixty (60) days [four hundred eighty (480) hours]. If an employee dies, the lump-sum payment made to

  • hisher beneficiary will include payment for all the annual leave to the employee's credit at the time of death. (h) Annual leave is provided to allow employees time off for vacationslannual leave, a&4& personal, and emergency purposes. Except in cases of emergency, annual leave must be requested by the employee in advance. Approving authority for granting scheduled or emergency annual leave rests with the department head director. The final determination as to the time and the amount of annual leave granted at any specific time is made by the department head director. (i) Department heads directors shall schedule or approve vacations giving due consideration to the needs of the city and the interests of the employees. Leave schedules should be prepared during the month of January. (j) bc c;" (1; h Annual leave mav be charged in any increments o f time and becomes available for use on the pav period following the pav period on which it is earned (k) City employees transferred, promoted or demoted retain accrued annual leave. (1) Annual leave shall not be advanced to employees. (m) Annual leave credits are not transferable between employees. (n) Employees who have been participants in the Transamerica Retirement System and who were hired prior to July 1, 1980, will not accrue any annual leave fiom May 22, 1983, to December 3 1, 1983. For those employees hired after July 1, 1980, the following schedule for not accruing annual leave will be used:

    TABLE INSET:

    I Those Hired I No Leave Accrual I From July 1, 1980, to Sept. 30, 1980 I From May 22,1983, to Dec. 3, 1983 I I From Oct. 1, 1980, to April 30, 1981 I From May 22,1983, to Nov. 5,1983 I I From May 1, 1981, to Oct. 31, 1981 I From May 22,1983, to Oct. 8, 1983 I I From Nov. 1, 1981, to April 30, 1982 I From May 22,1983, to Sept. 10,1983 I EM:^ 1, 1982, to Oct. 3 1, 1982 I From May 22,1983, to July 30,1983 I I From Nov. 1, 1982, to April 30, 1982 I From May 22, 1983, to July 2, 1983 I

    Sec. 2-60. Sick leave. (a) Regular full-time employees earn sick leave at the rate of two (2) hours per pay period, for a total of six and one-half (6 112) working days a year. (b) Part-time regular employees hired prior to Julv 12, 2006 shall accrue sick leave in

    proportion to time worked. Regular part-time and temporary employees (this includes seasonal, co-operative students, and interns) hired after July 2,2006 are not entitled to accrue sick leave. (c) @ Sick leave shall not accrue for employees paid less than 40 hours in a pay period.

    Employees paid less than 79 hours but at least 40 hours in a pay period shall accrue one-half of the employee's usual rate of accrual for that pay period.

    (ii) Sick Leave shall not accrue after 45 working davs for Serious Illness pay hours. (iii) Sick Leave shall not accrue after 45 working davs for Workers Compensation (Injury

    with pav hours and Injury without pay hours) fiom the date o f iniuw.

    (d) Accumulation of sick leave credits shall be unlimited. (e) Sick leave may be charged (1) hew in any increments o f time and

    becomes available for use at the end of the pay period during which it is earned. ( f ) Sick leave is a qualified right of the employee and may be used for absences due to hisher andlor immediately family (as defined in this article):

  • (1) When incapacitated for performance of duties by sickness, off-the-job injury, pregnancy, and confinement. (2) For medical, dental, or optical examination or treatment. (3) When a member of the employee's immediate family in the employee's household is afflicted with a contagious disease and requires quarantine of the entire family. (g) Sick leave for prearranged medical, dental, or optical examination or treatment must be

    requested in advance of the absence. Sick leave for absence because of illness, injury, or other circumstances of incapacity which are not known in advance must be requested as soon as possible after the beginning of the absence, normally within the first four (4) hours of the workday. (h) Sick leave of more than three (3) consecutive workdays must be supported by a medical

    certificate. If the employee is not attended by a physician, the employee must certify as to the nature of the incapacity and such certification may be accepted or denied by the department W director. (i) A medical certificate to cover sick leave absences of less than three (3) consecutive

    workdays may be required if the department ketta director had reason to believe the employee is abusing the use of the sick leave. The department keaadirector may request and obtain verification of the circumstances surrounding any use of sick leave. (j) Employees shall & be paid for accrued sick leave upon separation from city employment

    exes@ upon death, er retirement under a city retirement program or under Social Security in which case accrued time up to ninety (90) wexkmg days [seven hundred twenty (720) hours7 will be paid. (k) Sick leave credits are B& transferable between employees unless otherwise stated in a

    collective bargaining agreement. (1) Employees who have been participants in the Transamerica Retirement System and who

    were hired prior to July 1, 1980, will not accrue any sick leave from May 22, 1983, to December 3 1, 1983. For those employees hired after July 1, 1980, the same schedule provided under section 2-59 fm) @of this chapter applies.

    (m) A serious illness @program wil&e was established by crediting one (1) hour per pay period per employee to an account against which employees will be allowed to charge days used under the following conditions: (1) The employee has completed six (6) months' service. (2) The employee has been sick for five (5) consecutive working days and is under a doctor's care. (3) The request is approved by the department head director and the pem++md Human Resources director. A second doctor's opinion may be requested by the department head director or the p e w ~ ~ A Human Resources Director, at the employee's expense. (4) Maximum days payable from the serious illness @program for any one (1) employee on a cumulative basis is one (1) day for each fill month of employment. (5) Failure to provide regular medical reports to the Employee Health Nurse and failure to comply with all medical recommendations or appointments will immediately terminate use of the serious illness @ program. (6) The serious illness @program has been created for serious illness. Thispronram is not mandatory and emplo~ees who are not otherwise prevented bv the terms o f a collective bargaining agreement may participate at their election.

    k. E:-

    An illness which requires daily or continuing treatment, as certified by a health care provider, that necessitates required convalescence andor treatment for an illness, o f f the job injury, surgery, impairment, or ph~ysical/mental condition that meets any of the following medical conditions:

  • (a) Involves in-patient care in a hospital, hospice, or residential medical care facility, including any period o f incapaciv or any subsequent treatment in connection with such in-patient care-for a period o f more than-five (5) consecutive working days.

    (b) Continuing treatment by a health care provider (e.2. licensed-physician, chiropractor, family nurse practitioner, andpsychiatrist) that consists o f a period o f incapacity for more than five (5) consecutive working days that also involves treatment at least once bv a health care provider which results in a regimen o f continuing treatment that is o f incapacitating nature involving inability to perform all o f the physical iob requirements needed to perform the full work capacity.

    (c) $; Surgery which is followed by a period of recovery requiring the employee to remain bedridden.

    (4 Periods o f incapacity related to pregnancy and childbirth with regard to which the following rules applv:. i: &,The maximum number of days which may be used for normal deliveries is fifteen

    (1 5) working days.

    & a Cases involving surgical procedures entitle the employee to twenty (20) working days.

    Ili; When the attending physician certifies that the patient must remain in bed or lose

    the baby and lor endanger the mother's health, the condition qualifies for the serious

    illness @program. Provided the employee is eligible time-wise, up to sixty (60)

    days may be approved from the serious illness @pronram for those employees

    who have been diagnosed by the doctor as requiring absolute bed rest.

    (e) Severe chronic conditions-episodic incapacity (e.g. incapacitating diabetes, epilepsy, etc); long-term - incapacitating conditions (e.2. Alzheimer's, cancer, heart related disease, kidneyhenu1 failure, liver/hepatic-failure, cerebral vascular disease), psychological - events (ex. schizophrenia, bi-polar disorder, clinical depression, anxiety disorder, obsessive compulsive disorder, alcoholism, etc.) or multiple treatments for chemotherapy and dialysis.

    @I In the event that the employee is iniured or becomes ill due to involvement in any twe o f criminal activity, except for minor traffic offenses, the employee will not qualifi for this benefit.

    W (I@ Sick leave buy back. Employees may select one o f the following options: (1) The city may elect to purchase six (6) days of unused sick leave days from employees who may elect to sell such sick leave days and who have accumulated at least sixty (60) days (four hundred eighty (480) hours) of sick leave prior to October 1 of that current fiscal year. Only city employees who participate in an approved deferred-compensation plan shall be eligible to sell unused sick leave days, not to exceed six (6) days, at face value. All monies paid by the city for any unused sick leave purchased under this policy shall be deposited directly to the employee's account in such deferred compensation plan no later than the first pay day in December of each fiscal year. (2) The city may elect to purchase six (6) days of unused sick leave days at a rate of two days of unused sick leave in exchange for one paid day not to exceed three (3) paid days, from any employee who has accumulated at least sixty (60) days [four hundred eighty (480) hours7 of sick

  • leave prior to October 1 of that current fiscal year. The city shall issue these checks no later than the first pay day in December of each fiscal year.

    Sec. 2-61. Other leave.

    (a) Military leave. Leave for the purpose of responding to orders of the military services as a member of the active service, reserve units, national guard, or other official special units will be granted to all regular employees for a maximum of fifteen (1 5) calendar days paid leave per calendar year subject to the following conditions: (1) All requests for leave must be supported by a copy of the order, directive, notice, or other document requiring absence from scheduled work. (2) Time required over and above the maximum allowed must be taken as annual leave or leave without pay. (3) In the event an employee is called to active duty pursuant to an order of the president of the United States for an extended period of time (more than fifteen (1 5) calendar days) and for purposes other than determining physical fitness andlor for training, then that employee shall be allowed to draw on any compensatory time that they may have accumulated. Compensatory time shall be withdrawn in such a manner as to supplement the employee's base pay. Use or withdrawal of compensatory time shall be implemented in such a way as to ensure the cumulative base pay (military base pay + compensatory time) shall equal the earnings the employee would have received had he remained a full-time or part-time employee of the city. In no event however, shall the employee draw designated leave for more than ten-working-day increments per pay period. This program is not mandatory and employees who are not otherwise prevented by the terms of a collective bargaining agreement may participate at their election. Any eligible employee electing to participate in this program shall be responsible for providing any orders and documentation (leave earnings statement) that are required to determine military leave status andlor military base pay. An exception fiom the requirement that the call to active duty be pursuant to an order of the president of the United States and from the disqualifying factor that the purpose for the active duty is not for training shall be made for employees called to active duty pursuant to an order of the governor of the state for an extended period of time (more than fifteen (1 5) calendar days) only if the purpose of the active duty is borderlsecurity operations, Operation Jump Start, under title 32 U.S.C. 502 (a) and (f). Borderlsecurity operations, also known as Operation Jump Start, is a temporary program enacted in 2006. As such, this exception shall terminate upon the termination of borderlsecurity operations, also known as Operation Jump Start. (4) Upon exhausting all military leave and compensatory time, the city will supplement military base pay with the difference between the employee's military base pay and the employee's base pay with the city. The employee must use hislher military leave and compensatory time leave balances not exceeding a normal work week (no more than ten (1 0) working days) until these leaves have been exhausted. If the employee's military base pay is less than hislher current city base pay, the employee will use military leave and compensatory time balances to supplement the total difference between the military base pay and the city base pay during active duty. Once military leave and compensatory time (with the exception of sick leave and annual leave) have been exhausted, the employee's military base pay will be supplemented by the city as previously stated. Employees who are not able to execute and file the necessary forms for receipt of supplemental pay with the human resources department will need to grant power of attorney to someone who will handle these matters for himher. Employees who are activated will coordinate with their payroll assistants to ensure that all documentation has been submitted. In order to use military leave and compensatory time balances, the employee must sign a "request for leave" form indicating the maximum amount of leave requested for each type of leave (military leave and compensatory time balances). The employee must provide the payroll assistant with hislher leave earnings statement (LES).

  • The department payroll assistant will process and submit the supplemental pay form to the human resources department, personnel division. The human resources department personnel division will then coordinate payment with finance department. Automatic voluntary deductions will not be made for supplemental base pay. Therefore, it will be the employee's responsibility to make other arrangements with those organizations receiving these payments through the city's payroll system.

    (b) Court/& leave. Employees called for jury service or who appear before or participate in any civil or criminal court proceeding by virtue of city employment shall be granted court leave with pay. Any fees received shall be turned in to the Human Resources Department. Court leave is not charged to annual or sick leave.

    (c) Special leave. (1) Employees may be granted up to two (2) hours' voting leave in order to vote in an official election when their working schedules make it very difficult to get to the polls between 7:00 a.m. and 7:00 p.m. (2) A department W director may grant an employee up to two (2) hours of ehsmee leave to donate blood.

    (d) Maternity leave. When a pregnant employee is unable to work due to her pregnancy, she may request any sick, a d annual leave, comptime andor serious illness pay hours accrued to her credit for maternity purposes. Once she has exhausted her leave she may request leave without pay to cover the r