Agenda

City Council Meeting
Municipal Plaza Building
City Hall Complex
103 Main Plaza
San Antonio, Texas 78205

April 15, 2004

 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 for a “B” Session in the B Room of the Municipal Plaza Building at 10:00 A.M. for the following: 

A.      Staff presentation on the proposed creation of Defense Adjustment Management Authority. [Presented by Jelynne LeBlanc Burley, Assistant City Manager; Terry M. Brechtel, City Manager] 

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

B. Discuss legal issues relating to the creation and operation of a Defense Adjustment Management Authority, 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 Rev. Cheryl K. Owens, St. Marks United Methodist Church, guest of Councilman Roger Flores, District 1, and Pledge of  Allegiance. 

2.      Ceremonial Items. 

 

DISABILITY ACCESS STATEMENT

This meeting is wheelchair accessible.  The accessible entrance is located at 103 Main Plaza.  Accessible parking spaces are located at City Hall, 100 Military Plaza.  Auxiliary aids and services are available upon request (interpreters for the deaf must be requested forty-eight (48) hours prior to the meeting) by calling (210) 207-7245 V/TTY for assistance. Closed captioning is available on broadcasts of the Council meetings on 21-TVSA.

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: 

3.      2:00 P.M. – Public Hearing and Consideration of the following Zoning Cases: [Presented by Florencio Peņa, Director, Development Services; Christopher J. Brady, Assistant City Manager] 

NUMBER Z2003173-2B:     The request of City of San Antonio, Applicant, for Ila Faye Miller (Tract III), Owner(s), for a change in zoning from "DR" Development Reserve District to "RP" Resource Protection District on that portion of CB 4180 P-2B and P-12, located within the City Limits of San Antonio, 7983 Neal Road, 261 Neal Road. Staff's recommendation was for approval. Zoning Commission has recommended forwarding to City Council without recommendation. (Council District 3) 

4.      3:00 P.M. – Consideration of the following item: [Presented by Ramiro A. Cavazos, Director, Economic Development; J. Rolando Bono, Deputy City Manager] 

An authorizing the creation of the City of San Antonio Empowerment Zone Governance Board to assist and advise City Council and staff in the implementation of the San Antonio Empowerment Zone, approved by the U.S. Department of Housing and Urban Development (HUD) in January, 2002; naming the City Council as the Interim Governing Board to conduct business as needed until the permanent board becomes operational; approving the Bylaws for the Governance Board and establishing the process for the nomination, election and installation of the officers to the Governance Board.  

5.      The City Council will recess the regular City of San Antonio Council Meeting and convene as the  City of San Antonio Empowerment Zone Governance Board for a Public Hearing and to consider the following Resolution: [Presented by Ramiro A. Cavazos, Director, Economic Development; J. Rolando Bono, Deputy City Manager]

A.     A authorizing the submission of a request to HUD to expand the boundaries of the City of San Antonio Empowerment Zone (Zone) by adding census tracts which would increase the population within the Zone to over 100,000 people based on the Year 2000 Census.

B.     Adjourn.

__________________________________________________________________________________           

 Reconvene the meeting of the City of San Antonio City Council. 

6. 5:00 P.M. – Citizens to Be Heard. 

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

CONSENT AGENDA 

Items Concerning the Purchase of Equipment, Supplies and Services 

7.      An accepting the low responsive bid submitted by BWI Schulenburg to provide the City  of San Antonio Parks & Recreation Department with fertilizer for a total amount of $45,756.00. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager] 

8.      An accepting the low responsive bid submitted by Dell utilizing the Texas Department of Information Resources (DIR) “GoDirect” Program to provide the City of San Antonio Information Technology Services Department with an EMC file server storage capacity expansion for a total amount of $51,314.00. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager] 

9.      An accepting the bids of various companies to provide the City of San Antonio with the various types of commodities and services on an annual contract basis for FY 2004-2005 for an estimated combined annual cost of $252,419.00 to include contracts for janitorial supplies for the Convention Center, janitorial services for the detention center, paper products and janitorial supplies for Nutrition Centers. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager] 

Capital Improvement Items  

10. An amending a professional services contract and authorizing an additional $25,000.00 payable to VITETTA Group, Incorporated for additional architectural services in connection with the Brookhollow Branch Library Expansion Project, located in Council District 9; authorizing $3,000.00 for additional design contingency expenses, for a total amount of $28,000.00 from 1999-2004 General Obligation Library Improvement Bond funds; revising the project budget; appropriating funds; 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 

11. An authorizing payment of rent in the amount of $850.00 per month, utility costs and other associated expenses to be incurred during a holdover period of a lease with Milton Boniuk, M.D., of San Antonio, Texas, for use of 1,530 square feet of office space at 310 Valley Hi Drive, Space #107, by the Youth Services Division of the Community Initiatives Department, on a month-to-month basis for not more than five (5) months beginning May 1, 2004 and ending no later than September 30, 2004. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

12. An approving a Short Term License Agreement for use of Police Academy Classrooms, Gymnasiums, Shooting Bays (Firing Range), Driving Track, and Tactical Village located at 12200 S.E. Loop 410, to outside entities; establishing License Fees for the use of each space; and authorizing the Commander of the Police Training Academy, as designee of the City Manager, to execute any and all such Short Term License Agreements, on behalf of the City, without any future action by the City Council. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager] 

Miscellaneous  

13. An authorizing the acceptance of funds in the amount of $37,231.00 from the University of Texas Health Science Center at San Antonio (UTHSCSA) for the Healthy Start Initiative of the San Antonio Metropolitan Health District to participate in the San Antonio Center for the Study of Stillbirth Project for the period September 26, 2003 through July 31, 2004; authorizing the execution of a contract; establishing a fund; adopting the project budget; and approving the personnel complement. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

14. An authorizing the acceptance of $20,250.00 in support from the Texas Department of Health (TDH) to augment funding for the Bioterrorism Preparedness Program of the San Antonio Metropolitan Health District for the period September 1, 2003 through August 31, 2004; authorizing the execution of a change to the contract with TDH; adopting the program budget; approving the transfer of funds; and authorizing payments for contractual services. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

15. An authorizing the execution of a revised Law Enforcement Personnel Reimbursement Agreement with the Transportation Security Administration for the use of Airport Police personnel at San Antonio International Airport checkpoints in an amount not to exceed $374,593.00; appropriating funds; and establishing a budget to cover the costs associated with posting an Airport Police Officer at each San Antonio International Airport checkpoint. [Presented by Kevin C. Dolliole, Director, Aviation; J. Rolando Bono, Deputy City Manager] 

16. An  ratifying the submission of a proposal to the U.S. Department of housing & urban development (hud) in connection with the 2003 continuum of Care Homeless Assistance Supportive Housing Program; authorizing the submittal of Technical Submissions in connection therewith; authorizing the acceptance of a grant in an amount up to $4,989,399.00 in connection with said proposal; authorizing the execution of grant agreements with hud; authorizing the execution of delegate agency contracts, in amounts up to that shown, with the following agencies: the Center For Health Care Services (the Women’s Safe Haven), $753,068.00, the center for Health Care Services (Men’s Safe Haven), $355,624.00, the American Gi Forum-National Veteran’s Outreach Program, Inc. (Residential Transitional Housing), $205,000.00, the American Gi Forum-National Veteran’s Outreach Program Inc., (transitional housing), $58,859.00, the American Gi Forum-National Veteran’s Outreach Program Inc. (permanent housing), $378,052.00, Family Violence Prevention Service, Inc., (transitional housing), $192,120.00, Family Violence Prevention Service, Inc. (La Paloma), $256,250.00, the Salvation Army/Scattered Site), $335,995.00, the Salvation Army (Hope Center), $413,375.00, San Antonio Metropolitan Ministries, Inc. (transitional housing), $1,200,347.00, hope action care (transitional housing), $144,373.00, Father Flanagan’s Girls and Boys Town (family preservation), $280,664.00 and the Department of Community Initiatives Children’s Resources Division, $289,633.00; and approving a budget and revising a personnel complement.  [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

17. An authorizing five (5) firework displays at Wolff Stadium at approximately 9:00 P.M. or at the conclusion of the San Antonio Mission’s Baseball games on the following Saturday dates: May 8, June 12, June 19, July 17 and August 14, 2004. [Presented by Robert Ojeda, Fire Chief; Christopher J. Brady, Assistant City Manager] 

18. An amending the Traffic Control Devices Schedules established by Chapter 19 (Traffic Regulations), Article III (Traffic Control Devices), Section 19-68(b) to exclude certain locations from the official Traffic Control Device Schedule for “Cross Street Stop”, “Cross Street Yield”, “Parking Prohibited at All Times, including Sundays and Holidays”, “Stopping, Standing or Parking Prohibited during certain hours except Sundays and Holidays prohibited from Seven A.M. to Nine A.M. and Two P.M. to Four P.M. School Days Only”, and “School Speed Zones, School Crosswalks (Midblock)”; and to include certain additions to the official Traffic Control Device Schedule for “Full Traffic Signal Locations”, “All Way Stops”, “Cross Street Stop”, “Maximum Speed Limit”, “Parking Prohibited at All Times, including Sundays and Holidays”, “Stopping, Standing or Parking Prohibited during certain hours except Sundays and Holidays prohibited from Seven A.M. to Nine A.M. and Two P.M. to Four P.M. School Days Only”, “Prohibited Right Turn on Red Prohibited at All Times”, “Prohibited Right Turn on Red Prohibited from Seven A.M. to Nine A.M. and Two P.M. to Four P.M.”, “School Speed Zones, School Crosswalks (Intersection)”, “Commercial Loading Zone 30 Minute Limit”, “Passenger Loading Zone 15 Minute Limit”, and “Student Loading Zone from Seven A.M. to Nine A.M. and Two P.M. to Four P.M. School Days Only”; authorizing the permanent removal or installation of said devices; declaring them as Official Traffic Control Devices of the City of San Antonio; and declaring violations of these Traffic Regulations, except the Civil Parking Violations, to be misdemeanor  crimes punishable by a fine of not more than $200.00, and declaring violations of the Civil Parking Violations to be subject to the enforcement provisions of City Code Section 19-225 (Administrative Adjudication of Stopping, Standing and Parking Violations); and establishing an effective date; and directing publication. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

19. An authorizing the City Manager or her designee to accept a grant in the amount of $2,033,568.00 from the Office of National Drug Control Policy High Intensity Drug Trafficking Area (“HIDTA”), which will be used to fund the San Antonio HIDTA Initiative, which consists of the Multi-Agency Drug Courier & Apprehension Task Force, the South Texas Intelligence Center, and the Director’s Administrative Support Element, for the grant period January 1, 2004 to December 31, 2004. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager]  

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

20. An authorizing the temporary closure of San Saba Street, between W. Commerce Street and Dolorosa Street, for seven (7) special events in Market Square for the Year 2004, from 6:00 P.M. the day prior to each event until 8:00 A.M. on the day after the last day of each event on the following dates: April 30-May 2, 2004; May 29-May 31, 2004; July 2-July 4, 2004; July 24-July 25, 2004; September 4-September 6, 2004; September 10-September 12, 2004; and November 26-November 28, 2004, as requested by the Parks and Recreation Department. [Presented by Malcolm Matthews, Director, Parks & Recreation; Christopher J. Brady, Assistant City Manager] 

21. An approving the parade permit and authorizing the temporary closure of portions of certain streets in connection with the Cinco De Mayo Celebration sponsored by the Edgewood Independent School District to be held from 8:00 A.M. to 12:00 P.M. on Saturday, May 1, 2004. [Presented by Roland A. Lozano, Assistant to the City Manager; Terry M. Brechtel, City Manager] 

Board, Commissions and Committee Appointments.  

22. Consideration of the following board appointment: [Presented by Yolanda Ledesma, Acting City Clerk; Erik J. Walsh, Assistant to the City Manager]  

An appointing James Bias (Animal Welfare Organization Category - District 7) to the Animal Care Services Advisory Board for a term of office to expire on April 3, 2006.  

ITEMS FOR INDIVIDUAL CONSIDERATION 

23. An authorizing the City Manager or her designee to negotiate terms and conditions by which the City would exchange certain city-owned property in the Cattleman’s Square area for property owned by the University of Texas Board of Regents in the HemisFair Park area subject to final approval by City Council and the Board and appropriating funds in an amount not to exceed $35,000.00 for due diligence expenses associated with the project.[Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

24. An amending the City Code to prohibit peddling in the Public Right-of-Way and on City-owned property in a defined area surrounding the SBC Center; designating the boundaries of the area around the SBC Center; and providing for criminal penalties to be imposed for a violation of this ordinance with a fine not to exceed $500.00; as requested by Councilman Joel Williams, District 2. [Presented by Roland A. Lozano, Assistant to the City Manager; Terry M. Brechtel, City Manager] 

25. An authorizing the allocation and expenditure of Human Development Services Funds from Council Districts 2,3,4,5,7,9 and 10 in the amount of $93,500.00 for the provision of human development services with the following agencies: Communities in schools of san antonio (general operations), $23,500.00; Catholic Charities, Archdiocese of San Antonio, Inc. (retired and Senior Volunteer Program), $500.00; Catholic Charities, Archdiocese of San Antonio, Inc. (Foster Grandparent Program), $500.00; Magik Theatre (general operations), $7,000.00; San Antonio Education Partnership (scholarships), $62,000.00; authorizing the execution of two contract amendments with Catholic Charities, Archdiocese of San Antonio, Inc. and one contract amendment with Communities in Schools of San Antonio in connection with the allocation of said funds; and authorizing the execution of a contract with Magik Theatre and with the San Antonio Education Partnership in connection with the allocation of said funds.  [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

26. An authorizing the acceptance of a grant in the amount of $25,000.00 from the Methodist Healthcare Ministries of South Texas, Inc., to conduct strategic planning with community and stakeholder groups to determine services to be provided at the City/County Senior Multi-Service and Health Center; and approving a budget. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

27. An authorizing the amendment of Resolution No. 2004-04-04, passed and approved January 29, 2004, to change the date of the presentation of the Home Investment Partnership (HOME) budget and the Community Development Block Grant (CDBG) budget (with the exception of the Public Service Component) to City Council, from June 24, 2004 to May 27, 2004 and in late May in future years. [Presented by Andrew W. Cameron, Director, Housing & Community Development; Jelynne LeBlanc Burley, Assistant City Manager] 

28. An accepting a proposal and awarding a professional services contract in an amount not to exceed $83,884.50 payable to Shannon P. Marquez, dba Jenkins, Austin, Marquez & Associates, (WBE) for professional facilitations services and associated reimbursement expenses necessary to the Ad Hoc Citizen’s Water Quality Review Committee; and providing for payment.  [Presented by Thomas Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]   

29. Consideration of the following Ordinances: [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

A. An authorizing the City Manager or her designee to execute an Advance Funding Agreement Amendment with the Texas Department of Transportation to allow for local government control in connection with the Ingram Road – Callaghan to Benrus Bicycle Lanes MPO Project and the Nakoma – U.S. 281 to Warfield MPO Project, located in Council Districts 7 and 9.  

B. An authorizing the City Manager or her designee to execute an Advance Funding Agreement Amendment with the Texas Department of Transportation to allow for local government control in connection with the N. Vandiver – I.H. 410 to Rittiman Road Bicycle Lanes MPO Project, located in Council District 10.  

C. An authorizing the City Manager or her designee to execute an Advance Funding Agreement Amendment with the Texas Department of Transportation to allow for local government control in connection with the Cincinnati  Avenue from Saint Mary’s University to Navidad Bicycle Lanes MPO Project, the Cincinnati/Ashby from Navidad to N. St. Mary’s Bicycle Lanes MPO Project and the Alamo/Broadway Corridor from Josephine to the Alamo Bicycle Lanes MPO Project, located in Council Districts 1, 2 and 7.   

D. An authorizing the City Manager or her designee to execute an Advance Funding Agreement Amendment with the Texas Department of Transportation to allow for local government control in connection with the UTSA to OLLU from Houston Street to 24th Street  Bicycle Lanes MPO Project and the Theo/Malone from Quintana to Concepcion Park Bicycle Lanes MPO Project, located in Council Districts 1, 3 and 5.  

30. City Manager’s Report. 

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

A.  Discuss legal issues relating to Borden Park, L.P., d/b/a Star Storage-Downtown, San Antonio vs. City of San Antonio, Cause No. 2003-CI-09049, 45th Judicial District, Bexar County, Texas, pursuant to Texas Government Code Section 551.071 (consultation with attorney). 

B.  Discuss legal issues relating to Allstars, PT’s, Sugar’s, XTC, Jane Roe I and Jane Roe II v. City of San Antonio, et al, Cause No. SA-03-CA-356 FB, pursuant to Texas Government Code Section 551.071 (consultation with attorney). 

C. Discuss legal issues relating to Brooks Hardee, et al, v. City of San Antonio, Cause No. 2004-CI-05439, 225th District Court of Bexar County, Texas; Brooks Hardee, as Trustee for and on the behalf of the Farmco Trust, and VWC, Ltd., v. City of San Antonio, Cause No. 2004-CI-05440, 285th District Court of Bexar County, Texas; and Reed S. Lehman Grain, Ltd., v. City of San Antonio, Cause No. 2004-CI-05442, 407th District Court of Bexar County, pursuant to Texas Government Code Section 551.071 (consultation with attorney).