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 10:00 A.M. and recess into executive session  for 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, Hanford Development Corporation, 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.       Discuss legal issues relating to San Antonio Express News v. City of San Antonio, Cause No. 99-CI-01933, In the District Court, 73^rd Judicial District, Bexar County, Texas, pursuant to Texas Government Code Section 551.071 (consultation with attorney). 

D.       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(In the U.S. Dist. Court for the Western District of Texas, San Antonio Division), Tripolis Enterprises, Inc. d/b/a The Palace Men's Club, and FLWW, Inc., d/b/a Babe's v. City of San Antonio, Civil Action No. SA-03-CA-0357-FB (NN), United States District Court, Western District of Texas, San Antonio Division, and AVM-HOU, Ltd., AVW, Inc. d/b/a Adult Video Megaplex, and Ave, Inc., d/b/a Adult Video v. City Of San Antonio, et al., Civil Action No. SA-03-CA-1288-OG, in the United States District Court, Western District Of Texas, San Antonio Division, 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. Dr. Charles Johnson, Pastor, Trinity Baptist Church, guest of Councilman Roger Flores, District 1, and Pledge of Allegiance.  

2.      Ceremonial Items. 

3.      Approval of the minutes of the regular City Council meeting of March 31, 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.  3:00 P.M. - Public Hearing and Council Consideration of an authorizing the reprogramming of Community Development  Block Grant (CDBG) Funds in the amount of $3,016,498.04 and Home Investment Partnership Grant (HOME) Funds in the amount of $1,467,965.47 available from City Council Districts 1, 3,  5, 6, and City-Wide project completions, program income funds and cancelled projects to address existing project shortfalls and new projects in City Council Districts 1, 3, 4, 5, 6, and City-Wide; authorizing the City's Neighborhood Action Department (NAD) to provide funds in the amount of $250,465.47 available from the NAD Rental Rehabilitation Program to the Calgary Apartments Transitional Housing Rehabilitation Project as a forgivable loan; authorizing the close-out and cancellation of affected projects and project budgets; revising the appropriate project budgets; establishing accounts and authorizing the execution and submission of contracts and other documents as necessary in connection therewith; and providing for payment.  [Presented by Andrew Cameron, Director, Housing and Community Development; Jelynne LeBlanc Burley, Assistant City Manager] 

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 

Items Concerning the Purchase of Equipment, Supplies and Services   

6. An accepting the low, responsive bid submitted by Tanseco Systems (WBE) to provide the City of San Antonio Police Department with integrated video systems at various City facilities for a total cost of $49,082.00 from Homeland Security Grant funds. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager]
7. An accepting the low, responsive bid submitted by Electrosonic Systems, Inc. to provide the City of San Antonio Police Department with a comprehensive video management system for a total cost of $137,380.14 from the 2004 Law Enforcement Terrorism Prevention Program Grant funds. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager]

8. An accepting the offer submitted by Fisher Safety, utilizing the Houston/Galveston Area Council of Governments contract, to provide the City of San Antonio Fire Department with WEB EOC hardware and software for a total cost of $227,766.18 from Homeland Security Grant funds. [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 Fiscal Year 2005-2006 for an estimated combined annual cost of $443,270.00 to include contracts for: truck and industrial tires; flex beams and allied items; police sedan accessories and services; passenger tires; library cassette albums; media and audio supplies; and printing of passes and tickets. [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 agreement and authorizing payment in the amount of $39,488.93 to O'Neill Conrad Oppelt, Architects, Inc. for additional design services in connection with the New Fire Training Academy, located on Callaghan Road in Council District 6; authorizing the transfer of $39,488.93 from the New Fire Training Academy Construction Contingency Account fund to the Design Fees Account fund; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

11. An amending a professional services agreement and authorizing payment in the amount of $26,540.00 to Bain Medina Bain, Inc. for additional engineering services in connection with the Nacogdoches Road - I.H. 410 to Danbury MPO Project, located in Council District 10; authorizing $2,654.00 for additional engineering contingency expenses, for a total amount of $29,194.00 from 1999-2004 General Obligation Street 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]

12. An accepting the low, responsive bid of E-Z Bel Construction, Ltd. (MBE) in the amount of $404,741.25 in connection with the W. French - Zarzamora to Navidad Community Development Block Grant (CDBG) Project, located in Council District 7; authorizing the negotiation and execution of a construction contract; authorizing $24,737.88 for miscellaneous construction contingency expenses; authorizing $1,000.00 for design contingency and construction phase services; authorizing $2,000.00 for advertising expenses; authorizing the reimbursement from San Antonio Water System (SAWS) in the amount of $157,362.50 for sewer and water expenses, for a total amount of $432,479.13; 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 payment in the amount not to exceed $83,000.00 to Bain Medina Bain, Inc., and payment in the amount not to exceed $215,000.00 to HNTB Corporation for professional engineering and construction administration services, pursuant to a previously authorized Indefinite Delivery Professional Services Agreement, for a total amount of $298,000.00 from General Obligations of the City, in connection with various city sidewalk projects located in Council Districts 1, 4, 5, 6 and 7; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

14. An authorizing City Public Service (CPS) to appropriate funds in the amount of $689,000.00 from the CPS Overhead Conversion Fund for the relocation/conversion of overhead electrical supply lines to underground in connection with the Prue Road West Elementary School, located in Council District 8. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

15. An amending the construction contract and authorizing payment in the amount of $818,256.00 to RAM Building Services, L.L.C. (MBE) to add seven (7) additional sidewalk construction projects to the existing project list; authorizing $27,000.00 for construction contingency expenses; authorizing $18,900.00 for capital administration expenses, for a total amount of $864,156.00 from General Obligations of the City; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

16. An selecting Kinnison And Associates, Architects, to provide architectural and engineering services in connection with the San Pedro Park Branch Library Renovations Community Development Block Grant (CDBG) Project, located in Council District 1; authorizing the negotiation and execution of a professional services contract in the amount not to exceed $72,900.00; authorizing $7,290.00 for miscellaneous design contingency expenses; authorizing $5,103.00 for capital administration costs; authorizing $2,000.00 for advertising expenses, for a total amount of $87,293.00; appropriating funds; revising the project budget; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

17. An accepting the proposal and authorizing payment in the amount of $2,400.00 from Hotel Occupancy Tax Subordinate Lien Revenue and Refunding Bond, series 2004B funds,  for electrical and mechanical engineering services to be provided by Alderson & Associates, Inc., under a previously authorized On-Call Professional Electrical Engineering Services Agreement, in connection with the installation of a Baker's Aid Oven at the Henry B. Gonzalez Convention Center located in Council District 1; appropriating funds; and providing for payment.  [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

18. An accepting the low, qualified bid with additive bid alternate 1 of RST Construction, Inc. (SBE/MBE) in the amount of $36,991.90 in connection with the Northeast YMCA Building Improvements Community Development Block Grant (CDBG) Project, located in Council District 10; authorizing the execution of a standard construction contract; authorizing $3,851.14 for miscellaneous construction contingency expenses; authorizing $1,264.96 for bid advertising and printing expenses; authorizing $5,902.00 for architectural fees payable to Independent Design, for a total amount of $48,010.00;  appropriating funds; revising the project budget; and providing for payment.  [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager]

Items Concerning the Purchase, Sale or Lease of Real Property 

19.   An authorizing a three year renewal and extension of a Lease Agreement with David T. Mason d/b/a Dante's Pizza, as "Tenant", for the use of 1,965 square feet of space at the Riverbend Parking Garage.  [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

20     An approving renewal and extension of the Lease Agreement between the City of San Antonio, as Landlord, and the University of Las Palmas De Gran Canaria, acting by and through Fundacion Canaria Universitaria De Las Palmas (Canary Islands Office), as Tenant, for the continued use of Suite 160 at the International Center, 203 S. St. Mary's Street. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

21     An approving the Third Amendment to the Lease Agreement between the City of San Antonio, as Landlord, and the North American Development Bank (NADBank), as Tenant, for the continued use of office space within Suite 300 at the International Center, 203 S. St. Mary's Street. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

22         An declaring as surplus and authorizing the sale of a 0.1343 acre tract of City-owned real property legally described as Lots 1 and 2, Block 14, New City Block 3189 (2700 Wade Street), to Upward Faith Builders, Inc.  [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

23         An declaring as surplus and authorizing the sale of fee simple title of City owned real property from the Housing Asset Recovery Program, legally described as Lot 12 and the West 1.3 ft of Lot 13, Block 2 New City Block 1964, located at 1936 W. Mistletoe to the Neighborhood Housing Services of San Antonio, Inc. for a total sum of $11,000.00 for the public purpose of providing affordable housing; and authorizing the execution of any necessary documents in connection therewith. [Presented by David D. Garza, Director, Neighborhood Action; Jelynne LeBlanc Burley, Assistant City Manager]  

Miscellaneous
 

24.       An approving or consenting to a proposed assignment of the Recycling Processing Services Contract between Vista Fibers of San Antonio, Ltd. ("Vista Fibers") and the City of San Antonio, to Mid-America Recycling Company upon completion of due diligence to confirm the proposed assignee is competent to perform. [Presented by Daniel V. Cárdenas, Director, Environmental Services; Melissa Byrne Vossmer, Assistant City Manager] 

25.       An approving an extension of Line-of-Duty (LOD) leave for Firefighter Jesus B. Perez, Jr. for accrued personal leave beginning October 22, 2003 to August 12, 2004, for an on duty injury suffered October 21, 2002, to restore two thousand three hundred and twenty eight (2,328) hours, or ninety seven (97) shifts.  [Presented by Robert Ojeda, Fire Chief; Christopher J. Brady, Assistant City Manager] 

26.       An authorizing USAA to hold a firework display for their annual company picnic on Saturday, May 7, 2005. [Presented by Robert Ojeda, Fire Chief; Christopher J. Brady, Assistant City Manager] 

27.       An authorizing the Metropolitan Fire Chiefs Association to hold a firework display on Saturday, May 7, 2005 at the Institute of Texan Cultures parking lot in celebration of their 40^th Anniversary during the City's hosting of their annual conference from May 7, 2005 through May 12, 2005. [Presented by Robert Ojeda, Fire Chief; Christopher J. Brady, 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 the Edgewood Independent School District Building (5358 W. Commerce) for the Cinco De Mayo Celebration sponsored by the Edgewood Independent School District to be held from 8:00 A.M. to noon on Saturday, May 7, 2005. [Presented by Roland A. Lozano, Assistant to the City Manager; J. Rolando Bono, Interim City Manager]  

29. An approving the parade permit and temporary closure of portions of certain streets near Fredericksburg Road for the Humane Society's Mutt Strutt to be held from 8:30 A.M. to 10:30 A.M. on Saturday, May 7, 2005. [Presented by Roland A. Lozano, Assistant to the City Manager; J. Rolando Bono, Interim City Manager]  

30. An authorizing the temporary closure of Alamo Plaza East, Alamo Plaza West, Crockett Street, Houston and Avenue E for a special presentation of Reunion at the Alamo concert series featuring Lyle Lovett, the Gipsy Kings, Los Lobos and Arc Angles as part of a filming campaign of the annual 10-day Fiesta San Antonio Celebration, a documentary filming of the Alamo and a documentary filming of cultural/historical sites throughout San Antonio; sponsored by Doc Brown Entertainment; as requested by Councilman Roger O. Flores, District 1.  [Presented by Roland A. Lozano, Assistant to the City Manager; J. Rolando Bono, Interim City Manager]  

Board, Commissions and Committee Appointments.  

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

A.     An appointing Paul Frisch (District 3) and Harriet Romo (Mayor) to the San Antonio Public Library Board of Trustees for a term of office to expire on September 30, 2006.  

B.     An appointing Merium J. Malik (Consumer of Handicapped Services - District 10) to the Disability Access Advisory Committee for a term of office to expire on December 31, 2006.  

C.     An appointing Robert Freund (Professional Engineer Category - District 9) to the Mechanical Board of Appeals for a term of office to expire on March 20, 2007.  

ITEMS FOR INDIVIDUAL CONSIDERATION 

32.       An adopting a city-wide Bicycle Facilities Master Plan in accordance with the 1997 City Master Plan. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]  

33.       A authorizing the acceptance of an Urban Land Institute (ULI) Report on the St. Paul District, as completion of the agreement between the City of San Antonio and the ULI, to develop a concept plan and recommend marketing and development strategies for the East Commerce Street Corridor, between I.H. 37 and Monumental, in Council District 2. [Presented by Emil R. Moncivais, Director, Planning; Jelynne LeBlanc Burley, Assistant City Manager] 

34.       An authorizing and approving publication of notice of intention to issue City of San Antonio, Texas Taxable Combination Tax and Revenue Certificates of Obligation, Series 2005A in a maximum principal amount not to exceed $22,500,000; 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] 

35.       An authorizing the transfer of funds in the amount of $4,000,000 from the Economic Development Incentive Fund to the Street Maintenance & Improvement Fund, within the FY2005 Budget, in order to offset higher than projected street maintenance costs and to provide for additional street maintenance; and amending the FY2005 Budget, adopted through Ordinance 99725 on September 16, 2005 in accordance herewith.  [Presented by Peter Zanoni, Director, Management and Budget; Erik J. Walsh, Assistant to the City Manager] 

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

A.     An accepting the low, responsive bid in the amount of $799,999.50 from San Antonio Constructors for construction services in connection with the Asphalt Recycling and Overlay - 2005 Street Maintenance Project located in various Council Districts; authorizing the execution of a construction contract; authorizing $39,999.98 for miscellaneous construction contingency expenses; authorizing $750.00 for advertising expenses; authorizing $500.00 for printing and reproduction expenses; authorizing $36,945.26 for reimbursement of City forces for Video Imaging Vehicle Detection System and other traffic improvements for a total amount of $878,194.74 from Street Maintenance and Improvement funds; appropriating funds; providing for payment; and providing for an immediate effective date upon passage by eight (8) votes.  

B.     An accepting the low, responsive bid in the amount of $2,966,034.70 from Clark Construction of Texas, Ltd., for construction services in connection with the Asphalt Overlay  - 2005 Street Maintenance Project located in various Council Districts; authorizing the execution of a construction contract; authorizing $148,301.74 for miscellaneous construction contingency expenses; authorizing $750.00 for advertising expenses; authorizing $500.00 for printing and reproduction expenses; authorizing $15,864.64 for consultant material testing; authorizing $122,603.28 for reimbursement of City forces for Video Imaging Vehicle Detection System and other traffic improvements for a total amount of $3,254,054.60 from Street Maintenance and Improvement funds; appropriating funds; providing for payment; and providing for an immediate effective date upon passage by eight (8) votes.  

C.     An accepting the low, responsive bid in the amount of $1,813,381.84 from Clark Construction of Texas, Ltd., for construction services in connection with the Micro-Surface - 2005 Street Maintenance Project located in various Council Districts; authorizing the execution of a construction contract; authorizing $90,669.09 for miscellaneous construction contingency expenses; authorizing $750.00 for advertising expenses; authorizing $500.00 for printing and reproduction expenses; authorizing $3,892.50 for reimbursement of City forces for Video Imaging Vehicle Detection System and other traffic improvements for a total amount of $1,909,193.43 from Street Maintenance and Improvement funds; appropriating funds; providing for payment; and providing for an immediate effective date upon passage by eight (8) votes.  

D.    An accepting the low, responsive bid in the amount of $581,141.20 from Clark Construction of Texas, Ltd., for construction services in connection with the Slurry Seal  - 2005 Street Maintenance Project located in various Council Districts; authorizing the execution of a construction contract; authorizing $29,057.06 for miscellaneous construction contingency expenses; authorizing $750.00 for advertising expenses; authorizing $500.00 for printing and reproduction expenses, for a total amount of $611,448.26 from Street Maintenance and Improvement funds; appropriating funds; providing for payment; and providing for an immediate effective date upon passage by eight (8) votes.  

E.     An accepting the low, responsive bid in the amount of $1,933,557.05 from Clark Construction of Texas, Ltd., for construction services in connection with the Hot Paver-Laid Micro-Surface - 2005 Street Maintenance Project located in various Council Districts; authorizing the execution of a construction contract; authorizing $96,677.85 for miscellaneous construction contingency expenses; authorizing $750.00 for advertising expenses; authorizing $500.00 for printing and reproduction expenses; authorizing $74,492.63 for reimbursement of City forces for Video Imaging Vehicle Detection System and other traffic improvements for a total amount of $2,105,977.53 from Street Maintenance and Improvement funds; appropriating funds; providing for payment; and providing for an immediate effective date upon passage by eight (8) votes.  

F.      An accepting the low, responsive bid in the amount of $153,913.00 from R.L. Jones, L.P., for construction services in connection with the Concrete Bus Deceleration Pads  - 2005 Street Maintenance Project located in various Council Districts; authorizing the execution of a construction contract; authorizing $7,695.65 for miscellaneous construction contingency expenses; authorizing $750.00 for advertising expenses; authorizing $500.00 for printing and reproduction expenses, for a total amount of $162,858.65 from Street Maintenance and Improvement funds; appropriating funds; providing for payment; and providing for an immediate effective date upon passage by eight (8) votes.  

37.       An reducing an increased assessed fee for the Northside Independent School District's construction of its Westcreek Area High School from $61,648.43 to $6,164; as requested by Councilman Enrique M. Barrera, District 6. [Presented by Florencio Peña, Director, Development Services; Christopher J. Brady, Assistant City Manager] 

38.     A of support for a "fair and equitable" finance system for Texas public schools. [Presented by Christopher J. Brady, Assistant City Manager; J. Rolando Bono, Interim City Manager] 

39.    An authorizing the execution of a lease agreement with SW Diagnostic Building, Inc., for 1,000 square feet of leased space at 102 Palo Alto Road, Suite 460, for the District 4 Constituent Office, for a rental rate of $1,000.00 per month for a term to commence on May 1, 2005 and ending on April 30, 2007, with one (1) two year renewal period, subject to City Council approval and contingent upon appropriation of funds; as requested by Councilman Richard Perez, District 4.  

40. City Manager's Report. 

41. 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, Hanford Development Corporation, 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.     Discuss legal issues relating to San Antonio Express News v. City of San Antonio, Cause No. 99-CI-01933, In the District Court, 73^rd Judicial District, Bexar County, Texas, pursuant to Texas Government Code Section 551.071 (consultation with attorney). 

D.    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(In the U.S. Dist. Court for the Western District of Texas, San Antonio Division), Tripolis Enterprises, Inc. d/b/a The Palace Men's Club, and FLWW, Inc., d/b/a Babe's v. City of San Antonio, Civil Action No. SA-03-CA-0357-FB (NN), United States District Court, Western District of Texas, San Antonio Division, and AVM-HOU, Ltd., AVW, Inc. d/b/a Adult Video Megaplex, and Ave, Inc., d/b/a Adult Video v. City Of San Antonio, et al., Civil Action No. SA-03-CA-1288-OG, in the United States District Court, Western District Of Texas, San Antonio Division, pursuant to Texas Government Code Section 551.071 (consultation with attorney).