Agenda

5.      3:00 P.M. - Public Hearing and Consideration of the following Ordinances: [Presented by Andrew Cameron, Director, Housing and Community Development; Jelynne LeBlanc Burley, Assistant City Manager] 

A.      An adopting the 29th Year Community Development Block Grant (CDBG) in the amount of $17,717,000.00 as contained in the Fiscal Year 2003-2004 Consolidated Plan Annual Budget; authorizing the 29th Year CDBG Program; designating the 29th Year CDBG Program funds; appropriating 29th Year Program funds in the amount of $17,717,000.00; allocating program funds to projects; establishing accounts; delineating program responsibilities; authorizing personnel classifications and pay ranges; establishing a revolving loan account for the Neighborhood Action Department; authorizing the reprogramming of CDBG funds in the amount of $70,000.00 available from Positive Solutions to S.W. Reinvestment Corporation; 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 project; and providing for payment; authorizing the amendment of Ordinance No. 97235, passed and approved February 20, 2003 to correct the ordinance number contained in the ordinance from 92035 to 93957; authorizing execution of all required contracts and related documents in connection with said 29th Year CDBG Program, and the projects thereunder; and authorizing the submission of the CDBG Grant to the U.S. Department of Housing and Urban Development (HUD) for Fiscal Year 2003-2004 Consolidated Plan Annual Budget, certification and other information as required to HUD. 

B.      An adopting the 12th Year Home Partnership Entitlement Grant (HOME) in the amount of $7,370,756.00, $394,084.83 in designated program income and $250,000.00 in reprogrammed funds as contained in the Fiscal Year 2003-2004 Consolidated Plan Annual Budget; authorizing the reprogramming of HOME funds in the amount of $250,000.00 available from the Baynon Tree Apartments Project; authorizing the close-out and cancellation of the affected project; authorizing the Fiscal Year 2003-2004 Home Partnership Entitlement Grant (HOME) Program; designating the 12th Year HOME Program funds; appropriating 12th Year Program funds in the amount of $7,370,756.00; allocating program funds to projects; establishing accounts; delineating program responsibilities; authorizing personnel classifications and pay ranges; establishing revolving loan accounts for Neighborhood Housing Services (NHS) and San Antonio Alternative Housing Corporation (SAAHC); authorizing the reprogramming of HOME funds in the amount of $220,000.00 available from the NHS Single Family Housing Program in the amount of $20,000.00 and the NHS First-time Homebuyer program in the amount of $200,000.00 to the NHS owner-occupied rehabilitation for the disabled program; 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; authorizing execution of all required contracts and related documents in connection with said 12th Year HOME Program, and the projects thereunder; and authorizing the submission of the HOME Grant to the U.S. Department of Housing and Urban Development (HUD) for Fiscal Year 2003-2004 Consolidated Plan Annual Budget, certification and other information as required to HUD. 

C.      An adopting the Fiscal Year 2003-2004 Emergency Shelter Grant (ESG) in the amount of $703,000.00 as contained in the Fiscal Year 2003-2004 Consolidated Plan Annual Budget; authorizing the Fiscal Year 2003-2004 ESG Program; designating the Fiscal Year 2003-2004 ESG Program funds; appropriating the Fiscal Year 2003-2004 Program funds in the amount of $703,000.00 [Entitlement] and $703,000.00 from in-kind match; allocating program funds to projects; establishing accounts; delineating program responsibilities; authorizing personnel classifications and pay ranges; authorizing execution of all required contracts and related documents in connection with said Fiscal Year 2003-2004 ESG program, and the projects thereunder; and authorizing the submission of the ESG Grant to the U.S. Department of Housing and Urban Development (HUD) for Fiscal Year 2003-2004 Consolidated Plan Annual Budget, certification and other information as required to HUD. 

D.      An adopting the Fiscal Year 2003-2004 Housing Opportunities for Persons with AIDS Entitlement Grant (HOPWA) in the amount of $1,006,000.00 as contained in the Fiscal Year 2003-2004 Consolidated Plan Annual Budget; authorizing the Fiscal Year 2003-2004 HOPWA Program; designating the Fiscal Year 2003-2004 HOPWA Program funds; appropriating the Fiscal Year 2003-2004 Program funds in the amount of $1,006,000.00; allocating program funds to projects; establishing accounts; delineating program responsibilities; authorizing personnel classifications and pay ranges; authorizing execution of all required contracts and related documents in connection with said Fiscal Year 2003-2004 HOPWA Program, and the projects thereunder; and authorizing the submission of the HOPWA Grant to the U.S. Department of Housing and Urban Development (HUD) for Fiscal Year 2003-2004 Consolidated Plan Annual Budget, certification and other information as required to HUD. 

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 bids of various companies to provide the City of San Antonio with service of cardkey digital badging and access control system, elevator maintenance at the Dwyer Center, medium duty GMC & Peterbilt truck parts & service, floor stripping & waxing of Parks & Recreation Facilities, and golf car batteries, on an annual basis for Fiscal Year 2003-2004 for a total amount of approximately $157,948.00. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Travis M. Bishop, Assistant City Manager] 

8.      An accepting the low bids submitted by School Specialty, Learning Zone, Cannon Sports, Inc., Direct Advantage, S & S Worldwide, and Collegiate Pacific, to provide the City of San Antonio Parks & Recreation Department with games for the After School Challenge and Summer Recreation Programs for a total amount of $64,002.48. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Travis M. Bishop, Assistant City Manager]

Capital Improvement Items 

9.      An appropriating $17,600.00 from Fiscal Year 2001 Facility Improvement Program (FIMP) funds for emergency repairs of the roof at the City's Cuellar Park Community Center in City Council District 6 by Cram Roofing Company, Inc.; establishing a project budget; authorizing the negotiation and execution of a construction contract; and providing for payment. [Presented by Malcolm Matthews, Director, Parks and Recreation; Melissa Byrne Vossmer, Assistant City Manager] 

10. An appropriating funds in the amount of $460,000.00 from 2002 Certificates of Obligation and establishing a force account to provide facility improvements at the Municipal Plaza, City Hall Annex, and Plaza de Armas buildings associated with the Historic Civic Center Facility Development Plan.[Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

11. An authorizing payment in the total amount of $15,249.44 from 1999 G.O. Street Improvement Bond funds to Eagle Construction and Environmental Services, L.P., for  environmental construction services under an existing On Call Professional Services-Environmental Remediation and Construction Contract in connection with the Mission Trails Package #3 Project, located in Council District 3; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

12. An authorizing payment in the total amount of $22,685.78 from 1996 Certificates of Obligation funds to Eagle Construction and Environmental Services, L.P., for environmental construction services under an existing On Call Environmental Professional Services-Environmental Remediation and Construction  Contract in connection with the South Flores from Durango to Franciscan Project, located in Council Districts 1, 3 and 5; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

13. An authorizing payment in the total amount of $9,876.00 from 1999 G.O. Drainage Improvement Bond funds to ATC Group Services, Inc., for remedial environmental engineering services under an existing stand-by Environmental Engineering Services Agreement in connection with the Ansley Boulevard Drainage #1092 Project, located in Council District 4; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

14. An accepting the proposals and authorizing the execution of two (2) $150,000.00 On-Call Professional Environmental Engineering Services Agreements with Raba-Kistner Consultants, Inc., and Stearns, Conrad and Schmidt, Consulting Engineers, Inc., dba SCS Engineers, respectively, for a one (1) year term each, with options for two (2) additional one-year periods to be executed at the discretion of the Director of Environmental Services, contingent upon funding available; and providing for payment. [Presented by Daniel V. Cardenas, Director, Environmental Services; Melissa Byrne Vossmer, Assistant City Manager] 

15. An accepting the proposals and authorizing the execution of two (2) $100,000.00 On-Call Professional Environmental Engineering Services Agreements  with HNTB Corporation and  Post, Buckley, Schuh, & Jernigan, Inc. (PBS&J), respectively,  for a one (1) year term each, with  options for two (2) additional one-year periods to be executed at the discretion of the Director of Environmental Services, contingent upon funding available; and providing for payment. [Presented by Daniel V. Cardenas, Director, Environmental Services; Melissa Byrne Vossmer, Assistant City Manager] 

16. An accepting the low bid and authorizing $73,198.65 from Texas Commission on Environmental Quality (TCEQ) Grant funds payable to San Antonio Constructors, Ltd., Heath Management, L.L.C., General Partner, for construction services in connection with the Pavement Replacement Project for the Household Hazardous Waste Drop-Off Center, located at 7030 Culebra in Council District 6; authorizing the negotiation and execution of a construction contract; authorizing $14,639.73 for miscellaneous construction contingency expenses, for an overall total of $87,838.38; appropriating funds; and providing for payment. [Presented by Daniel V. Cardenas, Director, Environmental Services; Melissa Byrne Vossmer, Assistant City Manager] 

17. An authorizing the transfer of $219,334.25 from 1999 G.O. Street Improvement Bond funds to the City of San Antonio Public Works Department; establishing a force account; and authorizing the City of San Antonio Public Works Department to provide construction services in connection with the Jo Marie from W.W. White to 100 Block, Phase I Project, located in Council District 3. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

Items Concerning the Purchase, Sale or Lease of Real Property 

18. An authorizing payment in the amount of $27,545.71 to Bracewell & Patterson, L.L.P., for legal services in connection with the Escalon Street #1008 Drainage Project ($18.00), Fire Station No. 25 Project ($108.00), Hi-Lions Drainage Project #80, Phases III & V ($290.55), Hildebrand Avenue - I.H. 10 to Breeden MPO Project ($24,991.21), Octavia Drainage Project #63, Phase II, Part 1 ($216.00), San Pedro Avenue - Quincy to Romana MPO Project ($505.35), and the Wurzbach at I.H. 10 and Ironside Intersections MPO Project ($1,416.60); revising the budget; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

19. An authorizing payment in the amount of $20,372.54 to Davidson & Troilo, P.C., for legal services in connection with the Babcock Road/Leon Creek Improvements - Hausman to DeZavala Project ($6,907.40), Bitters Road - West Avenue to Heimer MPO Project ($9,937.07), Pleasanton Road - Southcross to Mayfield MPO Project ($3,270.69), and the Salado Creek Greenway (Hike & Bike, Phase I) Project ($257.38); 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 reaffirming and declaring that the San Antonio Water System's Western Watershed Relief Line (W-Extension-A) Project ("Project") is a necessary public project; further reaffirming and declaring that a public necessity exists for the acquisition of permanent and temporary easement interests across, over, upon and under certain privately owned real properties, by negotiation and/or condemnation, if necessary for public improvements for use as a part of the Project; authorizing the San Antonio Water System (SAWS) to acquire permanent and temporary easement interests across, over, upon and under certain privately owned real properties described below, by negotiation, and/or condemnation, if necessary for public improvements for use as a part of the Project, to wit; a 0.107 acre temporary easement and a 0.716 acre temporary easement, both out of the Candalario Villanueva Survey No. 85, NCB 17635 in Bexar County, Texas in Volume 6063, Page 852 and 9177, and Volume 9177, Page 1239 of the Deed Records of Bexar County, Texas, for a public purpose as part of the Project; authorizing SAWS, its employees, agents and/or their authorized independent negotiators to negotiate and execute all sales and other agreements, easements, and other necessary documents with the owners of certain privately owned properties described above and to take all other lawful actions necessary or incidental to survey, specify, clarify, define and acquire the permanent and temporary easement interests across, over, upon and under certain privately owned properties as described above; further authorizing SAWS and its attorneys to file eminent domain proceedings, if necessary, and prosecute all such condemnation proceedings through conclusion (including final judgement and all necessary appeals) for the condemnation of the permanent and temporary easement interests across, over, upon and under certain privately owned properties as described above; approving, ratifying and declaring valid all prior acts and proceedings done or initiated by attorney, agents and/or employees acting for SAWS to acquire such permanent and temporary easement interests across, over, upon and under certain privately owned properties as described above; declaring that the conveyance of all such permanent and temporary easement interests in certain privately owned properties as described above shall be to the City of San Antonio for the use and benefit of SAWS; finding the ordinance to have been considered pursuant to the laws governing open meetings; providing a severability clause; and establishing an effective date. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

21. An disclaiming an interest in the properties legally described as NCB 2461, Block 3, located at 1000 Colima (approximately 2.357 acres), NCB 2463, Block 1, located at 1000 Vera Cruz and NCB 2465, Block 3, located at 1114 South Brazos Street (approximately 2.693 acres) as erroneously recorded by the San Antonio Housing Authority to the City of San Antonio in the Official Public Records of Real Property of Bexar County, Texas. [Presented by David D. Garza, Director, Neighborhood Action; Jelynne LeBlanc Burley, Assistant City Manager] 

22. An authorizing the City of San Antonio to acquire title to a single-family lot legally described as NCB 2848, Block 3, Lot 18, Grandview East UT-2 (531 Clark Avenue) from the San Antonio Development Agency for the public purpose of neighborhood revitalization and providing affordable housing in the community through the Housing Asset Recovery Program (HARP); and authorizing the execution of any and all documents in connection therewith. [Presented by David D. Garza, Director, Neighborhood Action; Jelynne LeBlanc Burley, Assistant City Manager] 

Miscellaneous 

23. An authorizing the City Manager or her designee to accept grant funds in the amount of $7,786.32 from the Texas Department of Public Safety under the Fiscal Year 2003 Facilities and Equipment Grant Program, which will utilized by the San Antonio Fire Department's Office of Emergency Management to replace critical communications equipment, for the period beginning October 1, 2002 and ending September 30, 2003; and authorizing a  City match  in the amount of $7,786.33. [Presented by Robert Ojeda, Fire Chief; J. Rolando Bono, Deputy City Manager]  

24. An amending the Traffic Control Devices Schedules established by Chapter 19 (Traffic Regulations), Article III (Traffic Control Devices), Section 19-68(b) to include certain additions to the Official Traffic-Control Device Schedule for "Full Traffic Locations", "One-Way at All Times Street Locations" Signs, "One-Way Seven A.M. to Nine A.M. and Two P.M. to Four P.M." Signs, "Maximum Speed Limit" Signs, "School Zones, School Crosswalks (Midblock)" Signs, "School Zones, School Crosswalks (Intersection)" Signs, and "Loading Zone Seven A.M. to Nine A.M. and Two P.M. to Four P.M. School Days Only" Signs; authorizing the permanent 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. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

25. An amending the Traffic Control Devices Schedules established by Chapter 19 (Traffic Regulations), Article III (Traffic Control Devices), Section 19-68(b) to include certain additions to the Official Traffic-Control Device Schedule for "Maximum Speed Limit" Signs; authorizing the permanent 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. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

26. An authorizing the acceptance of $37,710.00 in cash support from the Texas Department of Health (TDH) to augment the ongoing Laboratory Bioterrorism Preparedness Program of the San Antonio Metropolitan Health District; approving the execution of a change to the contract with the TDH; revising the budget for the Public Health State Support Project 2002-2003 - Federal; and authorizing payments for contractual services. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant to the City Manager] 

27. An authorizing the City Manager or her designee to accept a cash donation in the amount of $1,500.00 from Sam's Club #8227 to the West Patrol Substation of the San Antonio Police Department to be used to purchase equipment or other materials for use by the San Antonio Fear Free Environment (SAFFE) officers of the Substation. [Presented by Albert A. Ortiz, Police Chief; J. Rolando Bono, Deputy City Manager] 

Board, Commissions and Committee Appointments.  

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

A.      An reappointing Connie Prado (District 4) to the San Antonio Housing Authority for terms of office to expire on October 18, 2004. 

B.      An appointing Barbara Witte-Howell (District 1) to the Parks and Recreation Board for a term of office to expire on July 31, 2005.

ITEMS FOR INDIVIDUAL CONSIDERATION 

29. An amending Section 33-981 of the San Antonio City Code to increase the taxicab "wait time" rate from $12.00 per hour to $15.00 per hour. [Presented by Albert A. Ortiz, Police Chief; J. Rolando Bono, Deputy City Manager] 

30. An authorizing the execution of the Second Amendment of the Partnership Agreement between the Chief Elected Officials of the Alamo Workforce Development Area (City of San Antonio, Bexar County and the Area Rural Judges) and the Alamo Workforce Development Board to clarify their roles, responsibilities, relationships and functions with regard to workforce development and related issues. [Presented by Frances A. Gonzalez, Assistant to the City Manager; Terry M. Brechtel, City Manager] 

31. An authorizing the acceptance from Alamo Workforce Development, Inc. of Welfare to Work funds in the amount of $130,783.00, Texas Department of Protective and Regulatory Services funds in the estimated amount of $1,637,778.00, and an Incentive Award in the amount of $8,299.00 for meeting contracted performance targets in prior years in connection with the Alamo Child Care Delivery System (CCDS) Program for the period of September 1, 2002 through August 31, 2003; acknowledging unilateral modifications in connection therewith; authorizing budget adjustments in protective and regulatory service categories to reflect actual expenditures; and adopting a revised CCDS Program budget. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant to the City Manager] 

32. An authorizing the execution of an amendment to a delegate agency contract with the University of Texas at San Antonio increasing the contract by $31,000.00, for a total contract amount of $71,095.00, in connection with the Pre-Freshman Engineering Program; and authorizing the allocation and expenditure of Human Development Service Funds in the amount of $10,000.00 from District 1, $1,000.00 from District 5 in the amount of $1,000.00, and $20,000.00 from District 7 in connection therewith. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant to the City Manager] 

33. An authorizing the execution of a contract with the San Antonio Gateway Corridor, Inc. in the amount of $25,000.00 for the development of a CD-ROM exhibiting computer-animated images and illustrations of various proposed enhancements and modifications to the U.S. 281 and Hildebrand Avenue area adjacent to the San Antonio Zoo. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

34. Staff update on the City of San Antonio's Legislative Program for the 78th Texas Legislative Session and other significant bills of interest. [Presented by Jim Campbell, Director, External Relations; Terry M. Brechtel, City Manager] 

35. City Manager's Report. 

36. Executive Session: Consultation concerning attorney-client matters (real estate, litigation, contracts, personnel and security) may be discussed. 

A.     Deliberation and consideration of the annual performance evaluation of City Manager Terry M. Brechtel, pursuant to Texas Government Code Section 551.074 (personnel matters). 

B.     Discuss legal issues relating to the status of the Right-of-Way Use Agreement Negotiations with Grey Forest Utilities, pursuant to Texas Government Code Sections 551.072 (deliberations involving real property). 

C.     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).