CITY COMMISSION REGULAR MEETING March 1, 2016

CITY COMMISSION REGULAR MEETING March 1, 2016 On March 1, 2016 the City Commission met for their regular Meeting at the San Benito Municipal Building (Cesar Gonzalez Meeting Hall), 401 N. Sam Houston, San Benito, Texas at 5:30 p.m. A quorum was present including the following: CELESTE SANCHEZ MAYOR, AS THE PRESIDING OFFICER C I T Y C O M M I S S I O N Celeste Sanchez ~ Mayor Rene Villafranco ~ Commission er No. 2 Joe D. González ~ Commission er No. 4 A D M I N I S T R A T I V E S T A F F Manuel De La Rosa ~ City Manager Arturo Rodriguez ~ Assistant City Manager Lupita Passement ~ City Secretary Ricardo Morado ~ City Attorney A B S E N T Antonio Gonzales ~ Mayor Pro Tem Esteban M. Rodriguez Commission er No. 3 ITEM 1. WELCOME Mayor Celeste Sanchez the time is 5:30 p.m. and we have a quorum. Citizens, employees, welcome to your City Commission meeting. ITEM 2. PLEDGE OF ALLEGIANCE TO THE US FLAG AND TO THE TEXAS FLAG. Commission er Joe D. González led the Pledge s of Allegiance to the US Flag and the Texas Flag. ITEM 3. INVOCATION. Invocation was recited by Lionel Betancourt, President of the Chamber of Commerce. ITEM 4. ANNOUNCEMENTS: ITEMS OF COMMUNITY INTEREST. Mayor Celeste Sanchez invited the public to a Coffee with Interim Code Enforcement Director George Machuca on Wednesday, March 2, at the Chamber of Commerce office at 9:30 a.m. On Saturday, March 5, the Texas Heritage Independence Celebration Symposium was scheduled. Cost is $10 per person, with lunch provided from 9 a.m. to 4 p.m. An art show was scheduled in conjunction with the event at 5 pm at BeckyJoe s Party Hall. Five historian s were scheduled to present on the Tejano influence on Texas. ITEM 5. PUBLIC COMMENTS Ruben Garza and Debbie Alvarez presented a summary of products, services, systems and strategies they offer as the agent of record for the City of San Benito on the benefits for all employees (design employee unique benefit package) from the Lone Star Bank. Lynn Paré spoke on having a great turnout for Arbor Day Tree Planting. ITEM 6. PROCLAMATION: RED CROSS MONTH Mayor Celeste Sanchez and Commission ers Joe D. González and Rene Villafranco read the proclamation. ITEM 7. PRESENTATION BY RACHEL ANDREWS FOR THE PURPOSE OF PROVIDING A PROJECT OVERVIEW FROM H2O PARTNERS, INC., CONSULTANT FOR THE HAZARD MITIGATION PROJECT, AND TO SOLICIT INFORMATION AND INPUT FROM CITIZENS. Rachel Andrews, H20 Partners, consultant to the project, spoke about to solicit ing information from citizens.

ITEM 7. PRESENTATION BY RACHEL ANDREWS (continued) Public input will help the project team analyze potential hazards affecting residents and recommend possible action. The goal of the Hazard Mitigation Plan is to minimize or eliminate the long-term risk to human life and property from known hazards by identifying and implementing cost-effective mitigation action. Mitigation is defined by the Federal Emergency Management Agency as sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The cost of the project is shared between the Council of Cities which include s 10 cities, Los Fresnos, Laguna Vista, Port Isabel, Primera, Rio Hondo, San Benito, South Padre Island, Bayview, Indian Lake and Rancho Viejo. The City of San Benito s cost will be $2,625, to be paid out of the Emergency Management account. The Memorandum of Understanding was agreed upon by Commission approval during the 2014 Year. Information will be made accessible to the City Commission for their review. Commission er Joe D. González asked if there was an allotment of funds set by the federal government for this project, or if they are applied as issues come about. She answered that a grant was received for hazard the plan. Question: Are we going to get the plan before it get its final approval. Answer: Yes, the meeting for tomorrow is a risk assessment workshop and key personnel are invited from San Benito to discuss in detail, findings and information that was collected from the contacts in the community. This meeting will be in Los Fresno and it will be very detailed, not for the public. A meeting on South Padre Island will be for the public. Mayor Celeste Sanchez asked when the draft would be available. Her answer was, sometime in May or June. She also wanted to know if at that time, they could have input. Ms. Andrews said: Yes. Tomorrow was a very important meeting, but the Commission is not invited but Assistant Police Chief Michael Galvan will represent the City. Also, the topic of terrorism was a concern because of the proximity of the border and trains that speed through the downtown, and if it is derailed it have a tremendous impact. No action was taken as the matter was just a presentation. ITEM 8. CONSIDERATION AND POSSIBLE ACTION ON APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 16, AND SPECIAL MEETING OF FEBRUARY 10, 2016. Commission er Joe D. González abstained due to his absence for the February 16 meeting. Commission er Rene Villafranco moved to approve. Mayor Celeste Sanchez seconded the motion. Voting Aye; Mayor Celeste Sanchez, Commission er Joe D. González and Commission er Rene Villafranco. Motion carried ON APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 16, AND SPECIAL MEETING OF FEBRUARY 10, 2016. ITEM 9. DISCUSSION AND POSSIBLE ACTION ON THE IN-HOUSE STREET IMPROVEMENT PROJECTS. Adan Gonzalez, Public Works Director, briefed the Commission that the in-house street maintenance had completed the first section of Heavin Resaca Trail between the Frontage Road and Zaragoza Street, and just yesterday started on the Rio Grande Street Bridge. Work there included a wing wall on both sides connecting the middle with the concrete, and then they will pave it. This project should take about three weeks, if weather permits. Commission er Joe D. González asked if this information on the Bridge could be placed on the website for more information to the citizens as to why it will take longer. Dustin Moore, with Brown & Leal Engineering informed the Commission that work on Shafer Road had just been finished this afternoon, and traffic should be opened tomorrow morning. Also the crews have installed all sidewalks. ITEM 10. CONSIDERATION AND POSSIBLE ACTION ON APPOINTMENT OF PLACE 1 MEMBER TO THE SPECIAL EVENTS BOARD. Commission er Rene Villafranco moved to table. Commission er Joe D. González seconded Commission er Rene Villafranco. Motion carried to TABLE ACTION ON APPOINTMENT OF PLACE 1 MEMBER TO THE SPECIAL EVENTS BOARD. ITEM 11. CONSIDERATION AND POSSIBLE ACTION ON APPOINTMENT FOR ZONE 2 MEMBER TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE. Manuel De La Rosa, City Manager asked these items be tabled to have more time to review the bylaws, ordinances, etc. and how the funding is allocated to the various programs. Commission er Joe D. González moved to table. Commission er Rene Villafranco seconded City Commis sion Meeting Minutes March 1, 2016 2

Commission er Rene Villafranco. Motion carried to TABLE ACTION ON APPOINTMENT FOR ZONE 2 MEMBER TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE. ITEM 12. CONSIDERATION AND POSSIBLE ACTION ON APPOINTMENT FOR ZONE AT LARGE MEMBER TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE. Commission er Rene Villafranco moved to table. Commission er Joe D. González seconded Commission er Rene Villafranco. Motion carried to TABLE ACTION ON APPOINTMENT FOR ZONE AT LARGE MEMBER TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE. ITEM 13. UPDATE ON NARCISO MARTINEZ CULTURAL ARTS CENTER. a. 2015 Narciso Martinez Cultural Arts Center Conjunto Festival Report, and b. Expired lease agreement. Soledad Nunez, from the Narciso Martinez Cultural Arts Center, presented report from their recent event and the need of getting the lease agreement renewed because the present one is expired. A new lease will be coming forth to the Commission which may be different. Commission er Joe D. González stated to Mr. De La Rosa to expedite the lease in a timely manner. No action taken. ITEM 14. DISCUSSION AND POSSIBLE ACTION ON ORDINANCE NO. 2037-A: AN ORDINANCE REGULATING GARAGE SALES IN THE CITY OF SAN BENITO. Manuel De La Rosa, City Manager, stated that this matter was presented due to the Recreational Vehicle Parks not being able to conduct garage sales. Commission er Rene Villafranco stated he was the one that was interested in bringing this ordinance since the residents from RV parks and apartments are not allowed to have garage sales. Ricardo Morado, City Attorney, stated that the ordinance would be looked at, but noted also that Judge Ben Yudesis had brought to his attention on the last page of the ordinance Section 4.04,008, (4) that reads: Any non-profit organization recognized by the Internal Revenue Service that has a valid tax identification number or a non-profit religious church, so long as sales are held at the same location as identified in the tax identification number, all sales will be solely for the purpose of raising funds for the tax exempt organization or non-profit religious church, and will still require a permit to operate said sale. This section deals with exceptions to the ordinance. The ordinance does not apply to this entity, so we will clarify this section as well. Commission er Joe D. González made a motion to direct our City Attorney and work with our City Manager and come up with the language as directed by the Commission and bring forth as soon as possible. Commission er Rene Villafranco seconded the motion. Voting Aye; Mayor Celeste Sanchez, Commission er Joe D. González and Commission er Rene Villafranco. Motion carried TO DIRECT OUR CITY ATTORNEY AND WORK WITH OUR CITY MANAGER AND COME UP WITH THE LANGUAGE AS DIRECTED ON CLARIFICATION OF ORDINANCE NO. 2037-A BY THE COMMISSION AND BRING FORTH AS SOON AS POSSIBLE. ITEM 15. DISCUSSION AND POSSIBLE ACTION ON THE CONTRACT FOR THE KIOSK AT CITY HALL. Belen Pena, Finance Director briefed the Commission on the Kiosk at City Hall and the drive through window had reopened. The contract for the kiosk was effective on April 8, 2014 with a three year term. If we terminate contract, it would be without cause and we would be responsible for the remaining fees associated with the agreement of $850 per month. It is not as effective as we were hoped. Commission er Joe D. González asked the attorney to review the contract since the numbers noted did not meet what was stated by the company, and asked if that would be cause for termination. Mr. De La Rosa was instructed to look into the information the Kiosk. Commission er Joe D. González made a motion to recommend to the attorney to review the contract, and if possible to terminate the contract and bring back to us for that action. Ricardo Morado, City Attorney stated he will discuss this with Mr. De La Rosa and if he finds that termination can be done sooner, then we will issue termination notice and meet the 90 day notice clause easily. Commission er Rene Villafranco seconded the motion. Voting Aye; Mayor Celeste Sanchez, Commission er Joe D. González and Commission er Rene Villafranco. Motion carried TO TERMINATE CONTRACT IF IT CAN BE DONE BEFORE AND MAKE SURE GUIDELINES OF THE 90 DAYS ARE MET. City Commis sion Meeting Minutes March 1, 2016 3

ITEM 16. DISCUSSION AND POSSIBLE ACTION ON ACCEPTING CREDIT CARD FOR PAYMENTS AT CITY HALL. Belen Pena, Finance Director briefed the Commission on the request to accept credit cards payments at window to provide more payment options to our customers. We are currently taking only cash or check payments. Customers paying with credit or debit cards are using the Kiosk or a third party check. The problem is if a customer comes to the window we cannot charge them at the window, but if they pay somewhere else they will be charged the fee. ITEM 16. DISCUSSION AND POSSIBLE ACTION ON ACCEPTING CREDIT CARD FOR PAYMENTS AT CITY HALL. (continued) We can accept the credit card but the City will incur the cost $2.95. Manuel De La Rosa, City Manager said, in the future a credit card (there will be a credit card machine) will be accepted to pay on line for court fees, building permits and so forth, and the customer can be charged the fee if they pay over the phone or online. Commission er Joe D. González requested that rules and regulations that finance director read from and said to make sure the City attorney gets a copy and they also get a copy. Information only ITEM 17. DISCUSSION AND POSSIBLE ACTION ON DISCONNECT SERVICES FOR WATER BILLS FOR COMMERCIAL AND RESIDENTIAL CUSTOMERS. Belen Pena, Finance Director briefed the Commission that utility bills are mailed to customers with a 10-day due-date for payment. If customer does not pay the bill, a delinquent notice is mailed to the customer to notify of the City intention to disconnect service five (5) days thereafter. The Finance Department makes numerous courtesy calls and leaves messages to customers to remind them of their past due bill. Commercial businesses will never be disconnec ted during lunch hours or residents on weekends. Discussion only ITEM 18. DISCUSSION AND POSSIBLE ACTION ON SERVICE AGREEMENT BETWEEN THE CITY OF SAN BENITO AND THE CAMERON COUNTY CHILDREN S ADVOCACY CENTERS. Commission er Rene Villafranco moved to table. Commission er Joe D. González seconded Commission er Rene Villafranco. Motion carried to table ACTION ON SERVICE AGREEMENT BETWEEN THE CITY OF SAN BENITO AND THE CAMERON COUNTY CHILDREN S ADVOCACY CENTERS. ITEM 19. DISCUSSION ON FIRST READING OF ORDINANCE NO. 2529: AN ORDINANCE PROVIDING FOR CHANGES IN THE NUMBER OF BUDGETED AND AUTHORIZED POSITIONS AT THE RANK OF LIEUTENANT, AND PROVIDING FOR AN EFFECTIVE DATE. Yolanda Villafranca, Human Resource Director briefed the Commission that by approving this ordinance the City of San Benito will have the ability to create an additional Lieutenant position in the San Benito Police Department to absorb the request from the Police Operations Chief, thus eliminating the domino effect that would be caused if an additional Lieutenant position was not created as mandated by Civil Service rules. The current fiscal year s budget can absorb the position by not filling the Assistant Operations Chief position. No action first reading. This can be changed in the future by ordinance. ITEM 20. DISCUSSION ON FIRST READING OF ORDINANCE NO. 2530: AN ORDINANCE ESTABLISHING A PAY STRUCTURE FOR THE FISCAL YEAR 2015-2016 FOR CLASSIFIED CIVIL SERVICE IN THE SAN BENITO FIRE DEPARTMENT, PROVIDING FOR A MAXIMUM NUMBER OF POSITIONS, PROVIDING FOR SUPPLEMENTAL PAYS IN ACCORDANCE WITH TEXAS CIVIL SERVICE LAW; PROVIDING FOR AN EFFECTIVE DATE AND ORDAINING MATTERS RELATED TO THE FOREGOING. Yolanda Villafranca, Human Resource Director, briefed the Commission that by removing the assignment pay currently designated for Assistant Fire Chief, the fiscal year s budget will have a savings of $5,000. There will be no impact to the current staffing structure and the employee will continue to fill the position of Captain within the Fire Department. No action was taken on the first reading. ITEM 21. CONSIDERATION AND POSSIBLE ACTION TO APPROVE AN INTERLOCAL AGREEMENT WITH CAMERON COUNTY, CITY OF SAN BENITO AND THE CITY OF HARLINGEN FOR THE CONSTRUCTION OF A COLD STORAGE FACILITY AT THE FREE TRADE BRIDGE AT LOS INDIOS ON GSA OWNED PROPERTY. City Commis sion Meeting Minutes March 1, 2016 4

Manuel De La Rosa, City Manager, briefed the Commission that Ricardo Morado, City Attorney met with representatives from the City of Harlingen, Economic Development Corporation, Border Initiative Coordinator with the Secretary of State s office, and Salomon Torres of our staff and discussed the Memorandum of Understanding of the Free Trade Bridge which has been modified. The concerns that we addressed is very much like what the City of Laredo has done. He said his concerns were addressed. The cost of the City s participation in the construction of a cold storage facility has gone up from $112,000 to $125,000, which more in line and more realistic at this point with the bids that they had. We will be involved with the bid selection process when it comes to the operator. City s representatives will have some type of scoring in that decision making process. ITEM 21. CONSIDERATION AND POSSIBLE ACTION TO APPROVE AN INTERLOCAL (continued) Ricardo Morado, City Attorney, stated that is exactly what happened : the concerns of the Commission have been addressed, and what they are asking is a contribution for the construction of the facility. Commission er Joe D. González questioned if the monies that are from our capital account, but if it is under TexPool, can that money be pulled right away. The answer was yes. Moved to approve. Commission er Rene Villafranco seconded the motion. Voting Aye; Mayor Celeste Sanchez, Commission er Joe D. González and Commission er Rene Villafranco. Motion carried to approve AN INTERLOCAL AGREEMENT WITH CAMERON COUNTY, CITY OF SAN BENITO AND THE CITY OF HARLINGEN FOR THE CONSTRUCTION OF A COLD STORAGE FACILITY AT THE FREE TRADE BRIDGE AT LOS INDIOS ON GSA OWNED PROPERTY. ITEM 22. DISCUSSION AND POSSIBLE ACTION ON FACILITY USAGE AGREEMENT FOR YOUTH BASEBALL/SOFTBALL BETWEEN THE CITY OF SAN BENITO AND THE SAN BENITO YOUTH BASEBALL/SOFTBALL LEAGUE. Manuel De La Rosa, City Manager, stated he compared contract s around and this proposed contract mirrored the one from the City of Harlingen. He said he tweaked it and submitted it to the City Attorney, who also made some changes, and we are submitting to you for changes as you see fit. He said administration did send this to the group on Friday. You will notice it is shorter because we are starting late. It will be on a calendar year once we start on a routine, however we are already late into the season. Commission er Joe D. González had three major concerns: The10% fee paid back to the City on every event for fundraising activity ; second that the City just cleaned their hands of all responsibility, as it is very hard for our volunteers who carry their own personal jobs till five or after, as all of us do throughout our careers, and yet be expected to be marking the fields and have them ready by five or six o clock. I strongly ask the Commission and Mr. De La Rosa to reconsider that. Mowing, watering the grass that is the responsibility that the City, it has always been done, field lights for practice have always been restricted to two nights. We always expand it to four. Also on the insurance, and the number should be proportion ed to the number of students that are participating in the league. Where did the number come from, or is this the standard? Commission er Rene Villafranco agreed that the lights were not limited. Mayor Celeste Sanchez stated since we are going to let them use our facilities, enroll students, charge for tournaments, they make money out of our facilities, and I really don t think that we should be responsible for marking the fields and all that. I think that is their responsibility. They are contracting to use our fields, they should maintain them, mark them, have them ready for what they are going to do, unless the 10% that you are charging is going to be for our City workers to maintain, mark and do all those other things because your volunteers don t have time to do those things. I can see that. Commission er Rene Villafranco stated these monies have already been budgeted for that, but Mayor Celeste Sanchez stated that we don t have to use it for that, just because we have done it does not mean we have to continue doing it. Manuel De La Rosa, City Manager stated he will revisit the figures on the insurance and go back to the league, and whatever the league is willing to discuss, he will provide some options and also provide what some other communities are doing and how they are managed. The 10% generally depends on the business models in the future and what the Commission wants. We do go through a certain amount of expenses beyond the typical use of the park by the general public, providing quality of life. I have no financial records to determine on what the revenue is for the league whether they are breaking even or not. If we are going to use City staff, it is my belief that something should be paid by the users which are called user fees. What I am going to propose is a final document with input from the league and also from the Commission. If we can t agree, then you will get a menu to dictate which items we are going to select. So far I have heard three items. Omar Gonzalez, member of the League spoke and continued discussion on their City Commis sion Meeting Minutes March 1, 2016 5

duties. He said this should have been done before, and fees being charged to them were too high. Commission er Joe D. González made a motion that for this year we approve the contract, deleting number 4j-1 which is maintaining the grass, facility areas by providing watering, fertilizing and mowing the playing fields and marking fields on a daily basis. The 10% from tournament and fundraisers should be deleted, insurance be revised, and the use of field lights for practice left up to the direction of the director. Commission er Rene Villafranco seconded, and amended the motion that they don t have to turn in the roster or list of registrants, including names and home address es and schedule, two weeks in advance when they don t know when they are coming up. Voting Aye; Mayor Celeste Sanchez, Commission er Joe D. González (stated that between now and December Mr. Omar Gonzalez have quality discussion with Mr. De La Rosa.) Commission er Rene Villafranco. ITEM 22. DISCUSSION AND POSSIBLE ACTION ON FACILITY USAGE AGREEMENT FOR YOUTH BASEBALL/SOFTBALL BETWEEN THE CITY OF SAN BENITO AND THE SAN BENITO YOUTH BASEBALL/SOFTBALL LEAGUE. (continued) Motion carried to approve FACILITY USAGE AGREEMENT FOR YOUTH BASEBALL/SOFTBALL BETWEEN THE CITY OF SAN BENITO AND THE SAN BENITO YOUTH BASEBALL/SOFTBALL LEAGUE. THAT FOR THIS YEAR WE APPROVE THE CONTRACT DELETING NUMBER 4J-1 WHICH IS MAINTAINING THE GRASS FACILITY AREAS BY PROVIDING WATERING, FERTILIZING AND MOWING THE PLAYING FIELDS AND MARKING FIELDS ON A DAILY BASIS, THE 10% FROM TOURNAMENT AND FUND RAISERS BE DELETED, INSURANCE BE REVISED, AND THE USE OF FIELD LIGHTS FOR PRACTICE LEFT UP TO THE DIRECTION OF THE DIRECTOR. ALSO THAT THEY DON T HAVE TO TURN IN THE ROSTER OR LIST OF REGISTRANTS, INCLUDING NAMES AND HOME ADDRESSES AND SCHEDULE OF TWO WEEKS IN ADVANCE WHEN THEY DON T KNOW WHAT THEY ARE COMING UP. Omar Gonzalez also mentioned the use of keys. The issue of not duplicating keys, understanding the purpose for security, when do we get the keys and he would like for each one of his officers to have a set of keys, and that would be one of my stipulations as well, not that we are going to make copies, but that we are provided with enough keys to cover our officer staff. Manuel De La Rosa, City Manager asked Mr. Gonzalez to handle those issues with him, and not the staff. ITEM 23. DISCUSSION AND POSSIBLE ACTION TO CANCEL THE FREEZE ON VACANT POSITIONS AND LATERAL MOVES PREVIOUSLY IMPOSED BY THE COMMISSION PER AUGUST 25, 2015, BUDGET WORKSHOP NO. 3. Commission er Joe D. González moved to approve. Commission er Rene Villafranco seconded the motion. Voting Aye; Mayor Celeste Sanchez, Commission er Joe D. González and Commission er Rene Villafranco. Motion carried to approve TO CANCEL THE FREEZE ON VACANT POSITIONS AND LATERAL MOVES PREVIOUSLY IMPOSED BY THE COMMISSION PER AUGUST 25, 2015, BUDGET WORKSHOP NO. 3. ITEM 24. EXECUTIVE SESSION: UNDER TEXAS GOVERNMENT CODE, SECTION 551.071: (1) To Consult with Legal Counsel for advice regarding contract between San Benito EDC and Garco Construction, LLC. No Action (2) To consult with legal counsel on Cruz-Hogan vs. City of San Benito and related matters. No Action Under Section 551.087: (3) To Deliberate About Information Received From A Business Prospect And About Potential Incentives For Business Prospect for Project 2013-18. Commission er Joe D. González made a motion to approve the purchase and sale agreement as discussed in executive session. Commission er Rene Villafranco seconded Commission er Rene Villafranco. Motion carried TO APPROVE THE PURCHASE AND SALE AGREEMENT AS DISCUSSED IN EXECUTIVE SESSION. (4) To deliberate about information received from a business prospect and about potential incentives for business prospect under Project 2015-5. No Action Information only City Commis sion Meeting Minutes March 1, 2016 6

Commission convened in executive session at 7:17 pm and adjourned at 7:43pm. ITEM 25. ACTION TO BE TAKEN IF ANY ON ITEM 24-1-4 ITEM 26. ADJOURNMENT. Commission er Joe D. González moved to adjourn. Commission er Rene Villafranco seconded Commission er Rene Villafranco. Motion carried to ADJOURN AT 7:44 P.M. CITY OF SAN BENITO ATTEST: CELESTE SANCHEZ, MAYOR LUPITA PASSEMENT, CITY SECRETARY City Commis sion Meeting Minutes March 1, 2016 7