Agenda

City Council Meeting

Municipal Plaza Building

City Hall Complex

103 Main Plaza

San Antonio, Texas 78205

April 17, 2003

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 Inventory of City Services. [Presented by Lou Lendman, Director, Management & Budget; Christopher J. Brady, Assistant City Manager] 

B.     Staff presentation of proposed FY 2003 budget reductions. [Presented by Lou Lendman, Director, Management & Budget; Christopher J. Brady, Assistant City Manager] 

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. Dr. Jim Perkins, Madison Hills Baptist Church, and Pledge of Allegiance. 

2.      Ceremonial Items. 

3.      Approval of the minutes of the Regular City Council Meetings of March 13 and  20, 2003. 

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 An authorizing the amendment of Ordinance #95810, passed and approved May 23, 2002, to change the project name from 2001 Affordable Parade of Homes to 2002 Affordable Parade of Homes; and authorizing the reprogramming of Community Development Block Grant (CDBG) funds in the amount of $600,000.00 available from the 2002 Affordable Parade of Homes Project to fund the District 4 Big Town Plaza Project and $10,000.00 available from the 2001 Affordable Parade of Homes Project to fund Avance National Headquarters to assist with construction costs associated with its Downtown Day Care/Office Complex Project; authorizing the close-out and cancellation of  the affected projects and the creation and/or modification of the appropriate project budgets; revising the appropriate project budgets; authorizing the execution and submission of contracts and other documents as necessary in connection therewith; authorizing the appropriation and allocation of said funds to said projects; and providing for payment.  [Presented by Andrew Cameron, Director, Housing and Community Development; Jelynne LeBlanc Burley, Assistant City Manager] 

5.      3:00 P.M. - Public Hearing and consideration of an closing, vacating and abandoning improved and unimproved portions of Public Right of Way located within Vidaurri Park, located in Council District 5, which are no longer utilized for access purposes and have been largely incorporated into green space within Vidaurri Park, as requested by the Petitioners, the City of San Antonio, Eusebio S. Perez, Jr. and Luz Cano Perez, and Esiquio R. Hernandez and Gloria T. Hernandez, abutting property owners, for the total consideration of $6,298.00, to be paid by  Petitioners, Perez and Hernandez. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

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 

Capital Improvement Items 

7.      An selecting Bender Wells Clark Design to provide professional architectural services in connection with the Roosevelt Park Improvements Phase II Project in Council District 5; authorizing the negotiation and execution of a professional services contract in an amount not to exceed $18,000.00; authorizing $2,700.00 for miscellaneous architectural contingency expenses; authorizing $1,500.00 for bid advertising/printing expenses; appropriating funds in the total amount of $22,200.00 from 1999 Park Bonds; and providing for payment. [Presented by Malcolm Matthews, Director, Parks and Recreation; Melissa Byrne Vossmer, Assistant City Manager]

8.      An selecting Madeline Anz Slay Architecture, P.L.L.C., to provide professional architectural services in connection with the 2003 Pool Facility ADA Improvements Project in City Council Districts 5, 6 and 7; authorizing the negotiation and execution of a professional services contract in an amount not to exceed $91,393.00 from Certificates of Obligation; authorizing $9,140.00 for miscellaneous architectural contingency expenses and $1,500.00 for bid advertising/printing expenses, for a total amount of $102,033.00; appropriating funds; and providing for payment. [Presented by Malcolm Matthews, Director, Parks and Recreation; Melissa Byrne Vossmer, Assistant City Manager] 

9.      An authorizing payment in the amount of $416,378.81 from 2000 Certificates of Obligation to the Texas Department of Transportation for the City's share of twenty percent (20%) of construction cost in connection with the Bitters Road from West Avenue to Heimer  (MPO) Project, located in Council District 9; authorizing $41,637.88 for miscellaneous engineering contingency expenses, for an overall total of $458,016.69; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director of Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

10. An ratifying Field Alteration No. 4 in an amount of $40,000.00 payable to R.L. Jones, L.P., in connection with the Alice Fay Area Streets (39^th Street, #58M, Phase III) Community Development Block Grant (CDBG) Project, located in Council District 6; revising the project budget; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

11. An approving Field Alteration No. 11 and authorizing payment in the amount of $28,106.71 from 1994 G.O. Street Improvement Bond funds to Service Station Constructors & Fuel Systems, Inc. and Commercial Indemnity Insurance Company for construction expenses in connection with the Higgins from Nacogdoches to Stahl Road Phase I Project located in Council District 10; appropriating funds; revising the budget; providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

12. An amending a professional services contract and authorizing additional funds in the amount not to exceed $27,928.00 from 1999 G.O. Street Improvement Bonds to Lockwood, Andrews & Newnam, Inc. for additional engineering services in connection with the Houston from Pine to Walters (MPO) Project, located in Council District 2; appropriating funds; revising the budget; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

13. An accepting the low, qualified responsive bid of AJ Commercial Services, Inc. d/b/a A.S.C. Paving in the amount of $250,583.74 in connection with the Hillside Acres Drainage Outfall Phase II Community Development Block Grant (CDBG) Project, located in Council District 4; authorizing the negotiation and execution of a construction contract; authorizing $27,163.00 for miscellaneous construction contingency expenses; authorizing $5,000.00 for miscellaneous engineering contingency expenses; authorizing $122.00 for advertising expenses; authorizing $17,066.00 for expense recovery, for an overall total amount of $299,934.74; authorizing the reimbursement from San Antonio Water System (SAWS) in the amount of $28,949.91 for sewer and water expenses; revising the project budget; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

14. An accepting the low, qualified, responsive bid in the amount of $189,207.05 from San Antonio Constructors, Ltd., in connection with the Monticello from S. Gevers to Hillje Project, located in Council District 3; authorizing the negotiation and execution of a construction contract; authorizing $11,631.00 for construction contingency expenses; authorizing $900.00 for construction engineering expenses payable to Jaster-Quintanilla San Antonio, L.L.P., for an overall total of $201,738.05 from General Obligations of the City; authorizing the reimbursement from San Antonio Water System of $72,888.31 for sewer and water expenses; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

15. An accepting the low, qualified responsive bid of San Antonio Constructors, Ltd., in the amount of $363,636.08 in connection with the "F" Street and Morningview from Pecan Valley to I.H. 10 Community Development Block Grant (CDBG) Project, located in Council District 2; authorizing the negotiation and execution of a construction contract; authorizing $36,364.00 for miscellaneous construction contingency expenses; authorizing $8,216.00 for engineering services payable to Grant Engineering, Inc. (MBE); authorizing $18,500.00 for expense recovery, for an overall total amount of $426,716.08; authorizing the reimbursement from San Antonio Water System (SAWS) in the amount of $99,325.22 for sewer and water expenses; revising the project; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

16. An Ordinance accepting the low, qualified responsive bid of R.L. Jones, L.P., in the amount of $175,009.60 in connection with the "G" Street from Pecan Valley to I.H. 10 Community Development Block Grant (CDBG) Project, located in Council District 2; authorizing the negotiation and execution of a construction contract; authorizing $11,902.38 for miscellaneous construction contingency expenses; authorizing $5,000.00 for construction engineering expenses payable to Groves & Associates, Inc.; authorizing $500.00 for miscellaneous engineering contingency expenses; authorizing $8,331.66 for expense recovery, for an overall total amount of $200,743.64; authorizing the reimbursement from San Antonio Water System (SAWS) in the amount of $55,985.75 for sewer and water expenses; 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 

17. An authorizing payment in the amount of $2,325.00 to Eckmann, Groll, Inc. for appraisal services in connection with the Holbrook Road Improvements Phase I Project ($700.00), Laddie Place Properties Project ($800.00), Loop 410 at Nacogdoches Drainage Improvements Project ($500.00), and the Pleasanton Road - Southcross to Mayfield (MPO) Project ($325.00); revising the budget; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

18. An declaring the FM 471: Loop 1604 to FM 1560 Project ("Project"), located in Council District 6, to be a public project; declaring a public necessity for the acquisition of the fee simple title and/or easement interest to certain privately owned real property, by negotiations and/or condemnation, if necessary, for public improvements for use as a part of the Project; to wit, all or portions of the properties being described as: being 0.6807 acres (29,650 square feet) of land out of County Block 4449, Bexar County, Texas and New City Block 17635, San Antonio, Texas; being 0.233 acre (10,154 square feet) tract of land out of the remainder of the 109.686 acre tract, New City Block 17635 and the C. Villanueva Survey No. 85, Abstract No. 774, and County Block 4449; and being 0.488 of an acre of land in New City Block 17635, San Antonio, Bexar County, Texas, for a public purpose as part of this project; establishing just compensation for the property; appropriating funds in the amount of $200,150.00 from 2001 Certificates of Obligation for the project and miscellaneous expenses associated with the project such as appraisals and attorney's fees; authorizing City staff and/or its designated representatives to negotiate with and to acquire the property from the owners on the approved terms; and authorizing the City Attorney to file eminent domain proceedings; ratifying and affirming all prior acts and proceedings done or initiated by attorneys and employees of the City to acquire such property; authorizing all other lawful action necessary or incidental to such acquisitions or eminent domain proceedings; and declaring the sections of the ordinance to be severable one from the other in the event any section of this ordinance is determined to be invalid. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

19. An authorizing payment in the amount of $15,523.03 to Davidson & Troilo, P.C. for legal services in connection with the Babcock Road/Leon Creek Improvements - Hausman to DeZavala Project ($3,458.30), Basse Road and San Pedro Intersection (MPO) Project ($36.00), Bitters Road - West Avenue at Heimer (MPO) Project ($9,299.97), Pleasanton Road - Southcross to Mayfield (MPO) Project ($1,067.96), and the Salado Creek Greenway (Hike & Bike, Phase I) Project ($1,660.80); revising the budget; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

20. An authorizing payment in the amount of $20,125.93 to Bracewell & Patterson, L.L.P., for legal services in connection with the Ashley Road - Bascum to South Flores Project ($36.00), Bitters Road - West Avenue to Heimer (MPO) Project ($18.00), Blanco Road & Jackson Keller Intersection (MPO) Project ($41.30), Cherry Street Drainage Project #15B, Phase II ($176.37), Escalon Street #1008 Drainage Project ($1,864.74), Fire Station No. 7 Project ($178.65), Fire Station No. 25 Project ($252.00), Funston Street Properties Project (Botanical Center Improvements) ($180.00), Hi-Lions Drainage Project #80, Phases III & V ($1,426.87), Hildebrand Avenue - I.H. 10 to Breeden (MPO) Project ($11,390.20), Octavia Drainage Project #63, Phase II Part I ($1,350.00), Pleasanton Road - Southcross to Mayfield (MPO) Project ($252.00), San Pedro Avenue - Quincy to Romana (MPO) Project ($90.00), Western Avenue Drainage Project #74 III A Project ($36.00), Wurzbach at I.H. 10 and Ironside Intersections (MPO) Project ($18.00), and the W.W. White Phase I - Rigsby to Lord Project ($2,815.80); revising the budget; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

21. An authorizing payment in the amount of $1,652.00 from G.O. Drainage Improvement Bond funds to Gerry Rickhoff, County Clerk, for court costs incurred in Condemnation Cause No. 2000-ED-0018, City of San Antonio vs. the Bertetti Family Limited Partnership, et al, in connection with the Babcock Road/Leon Creek Improvements - Hausman to DeZavala Project located in Council District 8; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

22. An authorizing the execution of a two (2) year Lease Agreement between the City of San Antonio and David T. Mason d/b/a Dante's Pizza, as "Tenant", for the use of 1,965 square feet of retail/office space and two assigned parking spaces in the Riverbend Parking Garage, located at the intersection of East Commerce Street and South Presa Street (410 E. Commerce ST.), at a monthly base rental amount of $2,652.75, or $31,833.00 annually, for both years, plus Common Area Maintenance (C.A.M.) charges of ten cents (10¢) per square foot per month for a total additional charge of $196.50 monthly for both years, and Tenant's billed portion of chilled water in the amount of five cents (5¢) per square foot per month for a total additional charge of $98.25 monthly, with an option to extend this lease for two additional successive three year terms, each subject to approval in each instance by passage of a future ordinance. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

23. An authorizing the acquisition of a 12.076 acre tract located along the center line of Lorence Creek and the northwest side of Henderson pass in City Council District 9 from Gordon V. Hartman Enterprises, Inc. for the amount of $35,000.00 from 1999 Park Bond funds in connection with the Lorence Creek Linear Park and Upper Salado Creek Greenway Project; appropriating funds; and providing for payment. [Presented by Malcolm Matthews, Director, Parks and Recreation; Melissa Byrne Vossmer, Assistant City Manager] 

24. An authorizing the execution of a Right of Entry Agreement and Consent (Incorporating Installation, Maintenance and Repair Rights) to provide access for the San Antonio Water System (SAWS), acting through its contractor, to be selected through the competitive bidding process, to install a water main at the San Antonio Police Department Vehicle Storage Facility at 3625 Growden Road in Council District 4; authorizing SAWS to negotiate and execute a design services and construction contract in an amount not to exceed $193,000.00 from 2001 Facilities Improvement and Maintenance Program (FIMP) funds for such installation by the contractor; appropriating funds; and providing for payment. [Presented by Albert A. Ortiz, Police Chief; J. Rolando Bono, Deputy City Manager] 

Miscellaneous 

25. An authorizing the submission of a grant application in the amount of $1,033,742.00 to the Texas Department of Human Services for the 2003 Summer Food Service Program operated by the Department of Parks and Recreation from June 9, 2003 through August 1, 2003; authorizing the acceptance of the grant, if awarded; appropriating funds; approving a budget and personnel complement; authorizing the transfer of fund balances from the 2002 Summer Food Service Program budget; and authorizing the acceptance of additional food support, if awarded, during the term of this project. [Presented by Malcolm Matthews, Director, Parks and Recreation; Melissa Byrne Vossmer, Assistant City Manager] 

26. An accepting a proposal and authorizing the City Manager or her designee to execute a Texas Commission on Environmental Quality grant funded professional services contract in an amount not to exceed $91,400.00 with CD Studio, Inc. d/b/a the Clockwork Group for professional marketing services related to recycling, illegal dumping, and green waste. [Presented by Daniel V. Cardenas, Director, Environmental Services; Melissa Byrne Vossmer, Assistant City Manager] 

27. An authorizing the submission a of grant application in the amount of $1,241,762.00 to the Texas Automobile Theft Prevention Authority (ATPA), which, if awarded, will augment the San Antonio Police Department's effort in reducing auto theft; and authorizing a City match and an in-kind match. [Presented by Albert A. Ortiz, Police Chief; J. Rolando Bono, Deputy City Manager]  

28. An authorizing the submission of a grant application in the amount of $123,748.00 for the FY 2002 Supplemental Appropriations Community Emergency Response Team Grant from the Federal Emergency Management Agency (FEMA), which, if awarded, will be used to allow the City to utilize existing personnel to train and support the formation of a Community Emergency Response Team for the grant period from May 30, 2003 through December 31, 2003. [Presented by Robert Ojeda, Fire Chief; J. Rolando Bono, Deputy City Manager] 

29. An authorizing the submission of a grant application in the amount of $13,759.75 to the SBC Foundation's Excelerator Program, which, if awarded, will fund hardware, software and website enhancements for Economic Development's Small Business Division. [Presented by Ramiro A. Cavasos, Director, Economic Development; Christopher J. Brady, Assistant City Manager] 

30. An authorizing the execution of an agreement with Sargeant's Wholesale Biologicals for the purchase of animal carcasses from the San Antonio Metropolitan Health District Animal Care Services Facility to be used for educational purposes at a rate of $2.50 per specimen under twelve pounds and $5.00 per specimen twelve pounds and over for the period April 21, 2003 through April 20, 2005. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant to the City Manager] 

31. An authorizing the submission of a grant application in the amount of $4,861.36 to the National Endowment for the Humanities, which, if awarded, will be used to purchase equipment to make necessary modifications to lighting and room humidity of the Texana/Geneaology vault at the Central Library, for the grant period January 1, 2004 through December 31, 2004. [Presented by Laura J. Isenstein, Director, Library; Frances A. Gonzalez, Assistant to the City Manager] 

32. An Ordinance authorizing the execution of a three year contract with Booth Research Group, Inc., testing consultant, for the development of validated written promotional examinations for the positions of Fire Apparatus Operator, Fire Lieutenant, Fire Captain, and District Fire Chief and the preparation, administration and scoring of promotional Assessment Centers for the position of District Fire Chief, San Antonio Fire Department and associated job analysis and appeal hearings for an annual amount not to exceed $87,500.00 for the period May 1, 2003 through April 30, 2006, with an option for the City to extend the contract for one two-year period, subject to and contingent upon funding and approval by City Council.  [Presented by Elisa P. Bernal, Director, Human Resources; Travis M. Bishop, Assistant City Manager] 

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

33. An approving a parade permit and authorizing the temporary closure of certain streets in connection with the Police Officer Memorial Run to be held on Saturday, May 24, 2003 from 7:00 A.M. until 11:00 A.M; sponsored by the Run Away Store. [Presented by Travis M. Bishop, Assistant City Manager; Terry M. Brechtel, City Manager] 

Board, Commissions and Committee Appointments.  

34. Consideration of the following board appointments: [Presented by Yolanda Ledesma, Acting City Clerk; Travis M. Bishop, Assistant City Manager] 

A.      An reappointing Theresa R. Leal (District 7) to the City of San Antonio, Texas Education Facilities Corporation for a term of office to expire on December 15, 2004. 

B.      An appointing Roy Botello (District 5) to the Parks and Recreation Board for a term of office to expire on March 31, 2005. 

C.      An reappointing Mark R. Johnson (Real Estate/Building Industry Category - District 8) to the Capital Improvements Advisory Committee for a term of office to expire on October 25, 2005. 

D.     An reappointing Judy Anna Saucedo (District 7) to the Affirmative Action Advisory Committee for a term of office to expire on January 31, 2005. 

ITEMS FOR INDIVIDUAL CONSIDERATION 

35. An appointing one alternate member to the Municipal Civil Service Commission for a term of office to expire on June 6, 2004. [Nominee: Mary Ellen Rodriguez - District 6)] [Presented by Yolanda Ledesma, Acting City Clerk; Travis M. Bishop, Assistant City Manager] 

36. An selecting the Mercury Interactive Corporation to provide the City of San Antonio with application testing software in an amount of $259,070.00 for the acquisition of proprietary software licenses; providing for the training of project personnel in an amount of $36,000.00; providing for annual service and maintenance for five years at an initial amount of $37,010.00 and $62,920.00 for each year thereafter; authorizing the execution of the contract and associated documents, and delegating the authority to approve an option in the amount of $22,000.00 for professional services as may be required by the Director of Information Technology Services;  appropriating and encumbering funds in the amount of $354,080.00; providing for payment; and authorizing the execution of the contract and associated documents for a total contract value not to exceed $605,760.00. [Presented by Troy Elliott, Director, ERM Project; Travis M. Bishop, Assistant City Manager] 

37. An approving an Intrajurisdictional Agreement for the purpose of transfer of control of certain properties between the City of San Antonio and City Public Service Board in connection with the Hausman Road Property to be used for a public library and park, located in Council District 8. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

38. An amending Chapter 28, Section 28-141(a) of the City Code of San Antonio, Texas, to provide for scenic corridors adjacent to and within the Southside Initiative Area. [Presented by Emil R. Moncivais, Director, Planning; Jelynne LeBlanc Burley, Assistant City Manager]