Agenda

City Council Meeting

Municipal Plaza Building

City Hall Complex

103 Main Plaza

San Antonio, Texas 78205

March 10, 2005

At any time during the "B" Session or the Regular City Council Meeting, the City Council may meet in executive session for consultation concerning attorney-client matters (real estate, litigation, contracts, personnel and security). 

I.        The City Council will convene in the B Room of the Municipal Plaza Building at 9:00 A.M. and recess into executive session for the following: 

Deliberate the duties, appointment, and employment of the City Manager, pursuant to Texas Government Code Section 551.074 (personnel matters), and discuss related legal issues, pursuant to Texas Government Code Section 551.071 (consultation with attorney). 

II.     The City Council will convene in Council Chambers, Municipal Plaza Building in a Regular Council Meeting at 1:00 P.M. 

1.      Invocation by Pastor Mark Smith, Fellowship Bible Church.  Guest of Councilmember Julian Castro, District 7, and Pledge of Allegiance.

 2.      Ceremonial Items. 

Swearing in of Councilman Art Hall as Mayor Pro Tem (effective March 21, 2005).  

3.      Approval of the minutes of the City Council meeting of  February 24, 2005.  

 Questions regarding this agenda notice should be directed to the City Agenda Coordinator at 207-7080. 

THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE TIMES INDICATED: 

4.            2:00 P.M. - Public Hearing and Consideration of the following Amendments to the neighborhood, community and perimeter plans as components of the Master Plan and Zoning Cases:  

Land Use Plan Amendments: [Presented by Emil R. Moncivais, Director, Planning; Jelynne LeBlanc Burley, Assistant City Manager] 

4.1  An amending the land use plan contained in the Area District/Eastside Community Plan, a component of the Master Plan of the City, by changing the use of approximately 85 acres of land located at 856 Gembler Road from Medium Density Single Family and Mixed Residential, High Density Multifamily Residential, and Open Space/Park Land Use to Community Commercial Land Use.  Staff's recommendation is for approval.  The Planning Commission recommended approval.   (Council District 2) 

Zoning Cases: [Presented by Florencio Peña, Director, Development Services; Christopher J. Brady, Assistant City Manager] 

4.1A. CASE NUMBER Z2005037 S:  The request of Brown, P. C., Applicant, for Red Berry Estate, Ltd., Owner(s), for a change in zoning from "R-5" Residential Single Family District to "C-2" S Commercial District with specific use authorization for a party house, reception hall, and meeting facilities on 84.267 acres out of NCB 10578 (856 Gembler Road). Staff's recommendation was for approval contingent on plan amendment. Zoning Commission has recommended approval. (Council District 2) 

4B.   CASE NUMBER Z2005028:  The request of Virginia K. Hill, Applicant, for Virginia K. Hill, Owner(s), for a change in zoning from "RM-4" Residential Mixed District to "RM-4" "IDZ" Residential Mixed District Infill Development Zone on 0.07 acres out of NCB 2994 (513 East Ashby Place).  Staff's recommendation was for approval. Zoning Commission has recommended approval.  (Council District 1) 

4C.  CASE NUMBER Z2005004:  The request of Earl & Associates, P. C., Applicant, for Phelps-Toiton, Inc., Owner(s), for a change in zoning from H "C-3" "RIO-5" Historic General Commercial District, River Improvement Overlay to H "MF-33" "RIO-5" Historic Multi-Family District, River Improvement Overlay on Parcel 100, NCB 7650 (731 Riverside Drive).  Staff's recommendation was for approval. Zoning Commission has recommended approval.  (Council District 3) 

4D. CASE NUMBER Z2005025:  The request of Gregorio Velazquez, Applicant, for Gregorio Velazquez, Owner(s), for a change in zoning from H "C-2" Historic Commercial District to H "R-6" Historic Residential Single Family District on Lot 13, Block 14, NCB 7696 (3011 Mission Road).  Staff's recommendation was for approval.  Zoning Commission has recommended approval.  (Council District 3) 

4E.  CASE NUMBER Z2005024 C:  The request of Ana Maria Arredondo, Applicant, for Milagritos Program, Inc., Owner(s), for a change in zoning from "R-6" Residential Single-Family District to "R-6" C Residential Single-Family District with conditional use for a counseling facility on Lot 1, Block 15, NCB 7483 (202 Elson Avenue).  Staff's recommendation was for approval. Zoning Commission has recommended approval.  (Council District 5) 

4F.  CASE NUMBER Z2005002 C:  The request of Dealers Electrical Supply, Applicant, for Morris Bracey, Owner(s), for a change in zoning from "C-2NA" Commercial, Nonalcoholic Sales District to "C-2NA" C Commercial, Nonalcoholic Sales District with a conditional use for a wholesale electrical supply business on Lot 3, Block 91, NCB 18818 (8800 Block of Timber Path).  Staff's recommendation was for approval. Zoning Commission has recommended approval with the following conditions:  1) Outside storage shall be screened; 2) Dumpster shall be screened; and 3) Hours of operation shall be from 7:30 A.M. to 5 P.M.  (Council District 6) 

4G. CASE NUMBER Z2004263: The request of Rogelio De La Torre, Applicant, for Rogelio De La Torre, Owner(s), for a change in zoning from "MF-33" Multi-Family District to "C-2" Commercial District on 0.74 acres out of NCB 13519 (1500 Callaghan Road).  Staff's recommendation was for approval of "C-1" Commercial District. Zoning Commission has recommended approval of "C-2NA" Commercial Nonalcoholic Sales District.  (Council District 7) 

4H.   CASE NUMBER Z2004270:  The request of Gamez Family Partnership, Ltd., Applicant, for Gamez Family Partnership, Ltd., Owner(s), for a change in zoning from "R-6" ERZD Residential Single-Family Edwards Recharge Zone District to "C-2NA" ERZD Commercial Nonalcoholic Sales Edwards Recharge Zone District on 6.8317 acres out of NCB 15671 ( 18851 Redland Road).  Staff's recommendation was for approval. Zoning Commission has recommended approval.  (Council District 9) 

4I.     CASE NUMBER Z2004265:  The request of Randy Schumacher, Applicant, for Monterey Adair, Owner(s), for a change in zoning from "R-6" ERZD Residential Single-Family Edwards Recharge Zone District to "C-3NA" ERZD General Commercial District, Nonalcoholic Sales Edwards Recharge Zone District on P-4F, NCB 15671 (18581 Redland Road).  Staff's recommendation was for approval. Zoning Commission has recommended approval.  (Council District 9) 

5.      5:00 P.M. - Citizens to Be Heard. 

THE FOLLOWING ITEMS MAY BE CONSIDERED AT ANY TIME DURING THE REGULAR COUNCIL MEETING: 

CONSENT AGENDA 

Capital Improvement Items  

6.      An accepting the low, qualified bid in the amount of $78,580.00 from Manuel Ortiz Construction, L.L.C. (SBE/WBE), to provide construction services in connection with the Alderete Park Walking Trail Project, located in Council District 5; authorizing the execution of a construction contract; authorizing $10,000.00 for construction contingency expenses; authorizing $800.00 for Texas Department of Licensing Regulations fees; authorizing $800.00 for drainage fees; authorizing $3,000.00 for bid advertising and printing expenses, for a total amount of $93,180.00 from 2003-2007 Park Bond funds; appropriating funds; and providing for payment. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

7.      An accepting the low, qualified bid in the amount of $164,400.00 from Greco Construction, Inc. (SBE/WBE), to provide construction services in connection with the Rosedale Park Improvements Project, located in Council District 5; authorizing the execution of a construction contract; authorizing $11,902.17 for construction contingency expenses; authorizing $4,000.00 for civil engineering Storm Water Management Plan fees; authorizing $700.00 for mandatory project fees, for a total amount of $181,002.17, of which $54,846.17 will be appropriated from 1994-1999 Park Bond funds, $100,000.00 from 1999-2004 Park Bond funds, and $26,156.00 from revenues collected for Unified Development Code fees in lieu of park land dedication; appropriating funds; and providing for payment. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

8.      An accepting the low, qualified base bid  in the  amount of $405,491.00from G G & G General Construction, Inc. (SBE), to provide construction services in connection with the Cathedral Rock Nature Park, located in Council District 6; authorizing the execution of a construction contract; authorizing $18,519.63 for construction contingency expenses; for a total amount of $424,010.63; appropriating $116,309.00 from 1999-2004 Park Bond funds, and $234,081.63 from 2003-2007 Park Bond funds and utilizing existing project funds of $73,620.00; revising the project budget;  and providing for payment. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager]  

9.      An accepting the low, qualified bid of Manuel Ortiz Construction, L.L.C. in the amount of $750,000.00 in connection with the Basketball Court Improvements Package Project, located in Council Districts 1, 4 and 6; authorizing the execution of a standard construction contract; authorizing the appropriation and allocation of $18,633.00 from 1999-2004 Park Bond funds, $499,851.89 from 2003-2007 Park Bond funds, $263,499.00 from Community Development Block Grant (CDBG) funds, and $40,262.00 from revenues collected for UDC fees in lieu of park land dedication; authorizing $72,245.89 for miscellaneous construction contingency expenses, for a total amount of $822,245.89; revising the project budget; and providing for payment.  [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

10. An selecting Bender Wells Clark Design (SBE/DBE/WBE) to provide professional architectural services in connection with the Roosevelt Park Community Building and Park Improvements Project, located in Council District 5 and abandoning the "Lone Star Brewery Site Park Land Acquisition and Development" project from the 1999 Park Bond authorization; authorizing the negotiation and execution of a professional services contract in an amount not to exceed $91,250.00; authorizing $9,125.00 for architectural contingency expenses; authorizing $1,500.00 for bid advertising and printing expenses, authorizing $5,000.00 for environmental assessment expenses, for a total amount of $106,875.00 from 1999-2004 Park Bond funds; appropriating funds; and providing for payment.   [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

11.  An accepting the low, responsive bid in the amount of $243,468.20 from Valemas, Inc. (MBE), to provide construction services in connection with the El Monte Phase II: Blanco to San Pedro Project, located in Council District 1; authorizing the execution of a construction contract; authorizing $19,799.32 construction contingency expenses; authorizing $10,007.48 for expense recovery; authorizing $2,000.00 for advertising expenses, for a total amount of $275,275.00, of which $214,000.00 will be funded by 2003-2007 General Obligation Street Improvement Bond funds; authorizing the reimbursement of $61,275.00 from the San Antonio Water System; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

12. An accepting the low, responsive bid of Valemas, Inc. (MBE) in the amount of $323,167.56 in connection with the Potomac - Mittman to Walters Community Development Block Grant (CDBG) Project, located in Council District 2; authorizing the execution of a construction contract; authorizing $19,565.55 for miscellaneous construction contingency expenses; authorizing $13,695.88 for expense recovery; authorizing $2,000.00 for advertising expenses; amending the professional services contract and authorizing funds in an amount not to exceed $8,602.25 payable to Greg Gomez, Inc. d/b/a G.G.I. Engineers (MBE) for construction phase services; authorizing $440.22 for engineering contingency expenses; authorizing the reimbursement from San Antonio Water System (SAWS) in the amount of $131,712.07 for sewer and water expenses, for an overall total amount of $367,471.46; appropriating funds; revising the project budget; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

13. An authorizing the execution of a Joint Funding Agreement for Installation of Traffic Signal and Related Improvements between the City of San Antonio and Harcourt Assessment ("Harcourt"), whereby Harcourt contributes $85,000.00 for construction costs and $40,000.00 for engineering services in connection with the installation of a traffic signal system and related improvements at 19500 Bulverde Road, located in Council District 10; appropriating $156,176.21 payable to City Forces for road construction work, of which $71,176.21 will be funded from Certificates of Obligation. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

14. An accepting the low, responsive bid of E-Z Bel Construction, Ltd. (MBE) in the amount of $1,551,911.88 in connection with the 2003-2007 General Obligation Drainage Improvement Bond and 29^th Year Community Development Block Grant (CDBG) funded Cardiff Area Drainage Improvements/Honey: Commerce to Aransas Project, located in Council District 2; authorizing the execution of a construction contract; authorizing $111,305.96 for miscellaneous construction contingency expenses; authorizing $77,914.17 for expense recovery; authorizing $1,000.00 for advertising expenses;  amending the professional services contract and authorizing funds in an amount not to exceed $8,259.22 payable to Brown Engineering, Co. (SBE) for construction phase services; authorizing $825.92 for engineering contingency expenses; authorizing the reimbursement from the San Antonio Water System (SAWS) in the amount of $385,854.80 for sewer and water expenses; authorizing the reimbursement from City Public Service (CPS) of $52,997.50, for a total amount of $1,751,217.15; appropriating funds; revising the project budget; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

Items Concerning the Purchase, Sale or Lease of Real Property 

15. An authorizing payment in the amount of $15,250.00 to Service Title Company as escrow agent for Allan B. Black and Barbara A. Black for fee simple title to one parcel of land and title fees in connection with the Henderson Pass LWC (Lorence Creek) Project, located in Council District 7; authorizing $100.00 payable to Allan B. Black and Barbara A. Black for a Right of Entry Agreement, for a total amount of $15,350.00 from 2003-2007 Storm Water Revenue Bond funds; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

16. An authorizing $49,250.00 from Certificates of Obligation funds for the acquisition of fee simple title and/or easement interest and for other miscellaneous expenses in connection with the acquisition of ten (10) parcels of real property and declaring the Clark: Fair to Southcross MPO Project ("Project"), an authorized 1999 General Obligation Street Bond and MPO project located in Council District 3, to be a public project; declaring a public necessity for the acquisition of the fee simple title and/or easement interest to privately owned real property described below, by negotiations and/or condemnation, if necessary, for public improvements for use as a part of the Project, all properties being in the City of San Antonio, Bexar County, Texas, for a public purpose; establishing just compensation for the properties; appropriating funds for the acquisition of the properties and other miscellaneous expenses associated with the Project such as appraisals and attorney's fees; authorizing the City Attorney and/or designed special counsel to file eminent domain proceedings, if necessary; and authorizing negotiations and the acquisition of the following properties on the approved terms:  

 [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

Miscellaneous

17. An approving and endorsing the Alamo Area Council of Governments Regional Mitigation Action Plan, which will satisfy the requirements of the Disaster Mitigation Act of 2000 and will enable the City of San Antonio to participate in future Federal Emergency Management Agency Grant programs. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

18. An ratifying the submission of a grant application in the amount of $175,000.00 to the Department of Justice, Office on Violence Against Women for a three (3) year program to assist women victims of violent crime in securing transitional and permanent housing. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager] 

19. An ratifying the submission of a grant application in the amount of $125,000.00 to the Office of the Governor, Criminal Justice Division, for the tenth year of the Crisis Assistance Team Administration Program of the Victims Advocacy Section of the San Antonio Police Department. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager] 

20. An ratifying the submission of a grant application in the amount of $114,449.00 to the Office of the Governor, Criminal Justice Division, for the fourth year of the Project Educate, Assess, Serve and Empower of the Victims Advocacy Section of the San Antonio Police Department. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager] 

21. An authorizing the acceptance and appropriation of a $2,500.00 grant from the Texas Commission on The Arts to fund research and development of the Economic Impact Study of San Antonio's Creative Industry; and providing for payment. [Presented by Felix Padrón, Director, Cultural Affairs; Roland A. Lozano, Assistant to the City Manager] 

22. An authorizing the Interim City Manager or his designee to execute the First Amendment to the Professional Services Agreement for The Cultural Collaborative: A Community Plan for San Antonio's Creative Economy with Jerry Allen & Associates to provide additional services for The Cultural Collaborative in an amount not to exceed $17,500.00, inclusive of all expenses and fees; and providing for payment. [Presented by Felix Padrón, Director, Cultural Affairs; Roland A. Lozano, Assistant to the City Manager] 

23. An authorizing payment in the amount of $40,112.00 to Airports Council International, North America, for 2005 annual dues and services and membership fees. [Presented by Kevin Dolliole, Director, Aviation; Roland A. Lozano, Assistant to the City Manager] 

24. An authorizing Hyatt Regency Hill Country Resort to hold a firework display for Nationwide Financial Services Convention "Opening Celebration" ceremony on March 16, 2005. [Presented by Robert Ojeda, Fire Chief; Christopher J. Brady, Assistant City Manager] 

25.  An authorizing an Extension Agreement and Addendum to the Housekeeping and Conversion Services Agreement with Go Professional Environmental Management to provide the Alamodome and Nelson W. Wolff Municipal Stadium housekeeping and conversion services exercising the first one (1)-year renewal option and extending the Housekeeping and Conversion Services Agreement through March 21, 2006, in an amount not to exceed $534,893.00; providing for  waiver of additional fees owed to Go Professional Environmental Management from March 22, 2004 through February 14, 2005; and providing for payment. [Presented by Michael Abington, Director, Alamodome; Roland A. Lozano, Assistant to the City Manager] 

26. Consideration of the following Ordinances: [Presented by Melvin Tennant, Director, Convention and Visitors Bureau; Roland A. Lozano, Assistant City Manager] 

A.           An authorizing the execution of a one (1) year professional services agreement in an amount not to exceed $150,000.00 with the San Antonio Sports Foundation to support the solicitation of select amateur regional, national, and international sporting events; and providing for payment.  

B.           An authorizing the execution of an extension and first amendment to the professional services agreement with the San Antonio Sports Foundation, exercising the first year of a four (4)-year renewal option, in an amount not to exceed $350,000.00, in order to augment the base program by supporting the direct solicitation of events, including hosting obligations, site inspections and bid fees, in order to secure select amateur regional, national, and international sporting events for San Antonio; and providing for payment.  

27.  An authorizing the submission of a grant application to and, upon award, the acceptance of a Criminal Justice Planning (421) Fund Grant from the Office of the Governor, Criminal Justice Division, State of Texas by the City Of San Antonio, Department of Community Initiatives in the amount of $236,698.00 to support the Neighborhood Conferencing Committee Program for juvenile offenders referred by the Municipal Court System for the period September 1, 2005 to August 31, 2006; and approving a budget and personnel complement in connection therewith.. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

Approval of Temporary Street Closures and Traffic Control Procedures for Special Events                                            

28. An approving the parade permit and authorizing the temporary closure of portions of certain streets near St. Luke's Catholic Church (4603 Manitou) for the Good Friday Procession to be held from 6:30 P.M. to 9 P.M. on Friday, March 25, 2005. [Presented by Roland A. Lozano, Assistant to the City Manager; J. Rolando Bono, Interim City Manager] 

29. An approving the parade permit and authorizing the temporary closure of portions of certain streets near San Juan De Los Lagos (3231 El Paso) for the Reenactment of Station of the Cross to be held from 6:30 P.M. to 9 P.M. on Friday, March 25, 2005. [Presented by Roland A. Lozano, Assistant to the City Manager; J. Rolando Bono, Interim City Manager] 

Board, Commissions and Committee Appointments.  

30. Consideration of the following Ordinances: [Presented by Leticia M. Vacek, City Clerk] 

A.     An reappointing Andrew Anguiano (Business Category - District 3) to the Arts and Cultural Advisory Committee for a term of office to expire on December 31, 2006.  

B.     An appointing Priscilla Gonzaba (Community Category - District 3) to the Brooks Development Authority for a term of office to expire on November 4, 2006.  

C.     An reappointing Alfred P. Rocha (District 5) to Keep San Antonio Beautiful, Inc., for a term of office to expire on December 22, 2006.  

D.    An appointing Frank Arredondo (District 3) to the Tax Phase-in Advisory Committee for a term of office to expire on December 31, 2006.  

E.     An reappointing Maria Elena Torralva Alonso (Mayor) to the Greater Kelly Development Authority for a term of office to expire on November 30, 2006.  

ITEMS FOR INDIVIDUAL CONSIDERATION 

31.  An amending Ordinance No. 100412, passed on February 10, 2005, to reflect changes in early voting and election day polling sites to be used in the May 7, 2005 Joint General and Special Election. [Presented by Leticia M. Vacek, City Clerk] 

32.  An amending the Southside Initiative Community Plan, a component of the Master Plan of the City of San Antonio, by changing the title of the "Southside Initiative Community Plan" to "City South Community Plan." [Presented by Emil R. Moncivais, Director, Planning; Jelynne LeBlanc Burley, Assistant City Manager] 

33.  An complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12, including the approval and distribution of a Preliminary Official Statement pertaining to the issuance of approximately $60,000,000.00 "City of San Antonio, Texas Municipal Drainage Utility System Bonds, Series 2005"; authorizing the City's staff, co-financial advisors, and co-bond counsel to take all actions deemed necessary in connection with the sale of such obligations; and providing for an effective date. [Presented by Milo D. Nitschke, Director, Finance; Melissa Byrne Vossmer, Assistant City Manager] 

34. Consideration of the following Ordinances: [Presented by Milo D. Nitschke, Director, Finance; Melissa Byrne Vossmer, Assistant City Manager]                                         

A.           An authorizing and approving publication of the Notice of Intention to issue "City of San Antonio, Texas Combination Tax and Revenue Certificates of Obligation, Series 2005" in a maximum principal amount not to exceed $11,600,000.00; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12, including the approval and distribution of the Preliminary Official Statements pertaining to the issuance of such obligations and approximately $31,990,000.00 "City of San Antonio, Texas General Improvement Bonds, Series 2005", and "City of San Antonio, Texas General Improvement and Refunding Bonds, Series 2005" in the approximate amount of $68,550,000.00; authorizing the City's staff, co-financial advisors, and co-bond counsel to take all actions deemed necessary in connection with the sale of such obligations; and providing for an effective date. 

B.           An Ordinance approving a relating to establishing the City's intention to reimburse itself for the prior lawful expenditures of funds from the proceeds of tax-exempt obligations to be issued by the City for authorized purposes designated as future issuances of general obligation bonds and "City of San Antonio Combination Tax and Revenue Certificates of Obligation, Series 2005-A"; authorizing other matters incident and related thereto; and providing for an effective date. 

35. An proposing the creation of a Crime Control and Prevention District; as requested by Councilman Ron H. Segovia, District 3. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager]  

36. An amending City Ordinance No. 89366, dated March 4, 1999, and Section 33-044 of the San Antonio City Code to expand the enforcement duties of the San Antonio Police Department Public Safety Team volunteers to include administrative violations of the vehicles-for-hire regulations of Chapter 33 of the City Code.  [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager] 

37. An amending Chapter 21, Article I, Section 21-6 of the City Code of City of San Antonio, entitled "Injuries to Property: Graffiti" by increasing the minimum mandatory fine for first offenses from fifty dollars ($50.00) to two hundred dollars ($200.00) and for subsequent offenses from one hundred dollars ($100.00) to four hundred dollars ($400.00); and providing for publication; as requested by Councilmen Ron H. Segovia, District 3, and Richard Perez, District 4. [Presented by Andrew Martin, City Attorney; J. Rolando Bono, Interim City Manager] 

38. An establishing the Blue Ribbon Commission for the Parks Development and Linear Creekways Project; as requested by Mayor Edward D. Garza and Councilman Joel Williams, District 2. [Presented by Christopher J. Brady, Assistant City Manager; J. Rolando Bono, Interim City Manager] 

39. An authorizing payment, in accordance with the San Antonio Air Service Incentive Program, in an amount not to exceed $50,000.00 to United Airlines for advertising and promotional expenses related to the air carrier's initiation of new daily non-stop service to San Francisco, CA, effective April 3, 2005. [Presented by Kevin Dolliole, Director, Aviation; Roland A. Lozano, Assistant to the City Manager] 

40. An authorizing the execution of a Developer Participation Contract between the City of San Antonio and Rio Perla Properties, L.P. ("RPP") for the Broadway Corridor Storm Water Drainage Project, located in Council Districts 1 and 2; authorizing the City to appropriate funds in an amount not to exceed $4,135,258.00 from Storm Water Revenue Bonds payable to RPP for construction costs related to oversizing a drainage facility extending from the San Antonio River to Grayson Street; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

41. An approving the renewal of a fifteen (15) year Interlocal Agreement and budget  between the City of San Antonio and Alamo Community College District for a one (1) period beginning April 1, 2005, which facilitates administration of proceeds encumbered under the City of San Antonio v. Alamo Community College District settlement agreement.[Presented by Ramiro A. Cavazos, Director, Economic Development; Jelynne LeBlanc Burley, Assistant City Manager] 

42. authorization for Councilman Art A. Hall who will travel to Washington, D.C., to attend the National League of Cities 2005 Annual Congressional City Conference from Thursday, March 10, 2005 to Tuesday, March 15, 2005 and for Councilman Christopher "Chip" Haass who will attend the conference from Friday, March 10, 2005 to Tuesday, March 15, 2005.  

43. City Manager's Report. 

44. The City Council will recess into an executive session to discuss the following:  

A.           Deliberate the duties, appointment, and employment of the City Manager, pursuant to Texas Government Code Section 551.074 (personnel matters), and discuss related legal issues, pursuant to Texas Government Code Section 551.071 (consultation with attorney). 

B.           Deliberate the offer of financial or other incentives related to economic development negotiations with the following business prospects, Texas A&M University System, Faulkner USA,  and one or more other business prospects, including  the possible acquisition and disposition of an interest in real property, pursuant to Texas Government Code Section 551.087 (deliberation regarding economic development negotiations) and Texas Government Code Section 551.072 (deliberation regarding real property); and discuss related legal issues, pursuant to Texas Government Code Section 551.071 (consultation with attorney). 

C.           Deliberate the purchase, exchange, lease, or value of real property located at 1001 E. Market Street, San Antonio, Texas 78205, pursuant to Texas Government Code Section 551.072 (deliberation regarding real property). 

D.          Discuss legal issues regarding franchise renewal negotiations with Time Warner Cable, franchise reopener negotiations with Grande Communications and related telecommunications and cable matters, pursuant to Texas Government Code Section 551.071 (consultation with attorney) and Section 551.072 (deliberation regarding real property). 

E.           Discuss legal issues relating to the lawsuit styled Advanced Long Term Care Corp. - Perrin Beitel vs. City of San Antonio, 2002-CI-131943, 288th Judicial District, San Antonio Division, pursuant to Texas Government Code Section 551.071 (consultation with attorney). 

F.            Discuss legal issues relating to the lawsuit styled Downtown Vendors Association, Robert Martinez, D/B/A Blas Caricatures vs. City of San Antonio, 2004-CI-08245, 225th Judicial District, pursuant to Texas Government Code Section 551.071 (consultation with attorney).