Agenda

Items Concerning the Purchase, Sale or Lease of Real Property 

17. An authorizing the City Manager or her designee to execute a Joint Use Agreement between the City of San Antonio and the San Antonio Water System (SAWS) in connection with the Salado Creek Hike & Bike Phase I Project, located in Council District 2. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

18. An authorizing payment in the amount of $1,920.00 from 1994 G.O. Drainage Improvement Bond funds to Dugger, Canaday, Grafe, Inc. for appraisal services and expert testimony 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] 

19. An authorizing payment in the amount of $500.00 from 1999 G.O. Street Improvement Bond funds to Lawyers Title of San Antonio for title charges in connection with the Northington - S.W. 36^th to S.W. 35^th Project, located in Council District 6; 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 $108,100.00 from 1994 Certificates of Obligation to Lawyers Title of San Antonio as escrow agent for Lonnie F. Laird a/k/a Lonnie Franklin Laird and as Independent Executor of the Estate of Roberta J. Laird a/k/a Roberta S. Laird for fee simple title to one parcel ($106,000.00) and a Right of Entry Agreement ($100.00) and Title Fees ($2,000.00), in connection with the James Park Development and Holbrook Road Flood Improvements Project, located in Council District 2; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

21. An releasing a portion of an existing drainage easement located between I.H. 35 South and Zarzamora Street to S.P. San Antonio Partnership, L.P. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

22. An authorizing and consenting to the assignment of Lease No. 200700 authorized by Ordinance No. 89612 of April 15, 1999 at Stinson Municipal Airport, from William Fowler, Jr. and Esther Fowler to Carlos P. Delgado and Alma A. Rico, for use of 715 square feet of restaurant space and 2,174 square feet of patio ground space at Stinson Municipal Airport. [Presented by Kevin Dolliole, Director, Aviation; Christopher J. Brady, Assistant City Manager] 

Miscellaneous 

23. An amending Chapter 11 of the City Code to allow limited sales and possession of fireworks in the areas annexed for limited purposes and amending the regulatory plan for the areas to conform to the changes in Chapter 11. [Presented by Robert Ojeda, Fire Chief; J. Rolando Bono, Deputy City Manager] 

24. An accepting funds in the amount of $1,800.00 from the Texas Historic Commission to create a user-friendly brochure for owners of historic properties that describes best practices for restoration and rehabilitation, and to assist staff to attend the annual National Preservation Conference; and authorizing a $1,800.00 match from the City's Finck Building Fund. [Presented by Emil R. Moncivais, Director, Planning; Jelynne LeBlanc Burley, Assistant City Manager] 

25. An authorizing the acceptance and execution of two (2) changes to the contract between the Texas Department of Health and the San Antonio Metropolitan Health District as follows: 1) acceptance of an additional $15,000.00 in cash to augment the Bioterrorism Preparedness Project and 2) acceptance of a reduction of funds which were previously provided for the Tuberculosis Prevention and Control Project in the amount of $690.00; and revising the project budgets to reflect these changes. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant to the City Manager] 

26. An changing the street name of Camino Blanco to Frank Bryant Lane; as requested by Councilman John H. Sanders, District 2. [Presented by Florencio Pena, Director, Development Services; Christopher J. Brady, Assistant City Manager] 

Board, Commissions and Committee Appointments.  

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

A.      An reappointing Margaret J. Robinson (District 2) to the City of San Antonio, Texas Education Facilities Corporation for a term of office to expire on December 15, 2004. 

B.      An reappointing Rodric E. Fitzgerald (District 2) to the Housing Trust Fund Board of Trustees for a term of office to expire on May 30, 2005. 

C.      An appointing Dr. Jan H. Van den Hende (District 10) to the Parks and Recreation Board for a term of office to expire on March 31, 2005. 

D.     An O reappointing Mary M. Dennis (District 2) to the San Antonio Commission on Literacy for a term of office to expire on September 15, 2004. 

E.      An appointing Maynard J. Galloway (District 2) to the San Antonio Youth Commission for a term of office to expire on June 1, 2005. 

F.       An appointing Scott E. Haushill (District 1) to the Brooks Development Authority for a term of office to expire on November 4, 2004. 

G.     An appointing Robert P. Braubach  (Trustee) (District 1) to the San Antonio Local Development Company for a term of office to expire on May 9, 2006. 

ITEMS FOR INDIVIDUAL CONSIDERATION 

28. An appointing Ross Rodriguez as a part-time Municipal Court Judge to serve the unexpired term of office ending August 31, 2003 of former Judge David J. Rodriguez as requested by the City Council Quality of Life Subcommittee, and providing for an immediate effective date upon passage by eight (8) affirmative votes.

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29. The City Council will recess the regular City of San Antonio Council Meeting and convene the Board of Directors for the City of San Antonio, Texas Starbright Industrial Development Corporation to consider the following: 

A.  A authorizing receipt of a loan from the City of San Antonio in an amount up to $1,300,000.00 to complete the acquisition of approximately 200 acres of land previously approved by Ordinance 97292 and Resolution SIDC-2003-04, authorizing the Executive Director to negotiate the terms of such loan to be repaid out of bond proceeds upon receipt and any documents for such loan and authorizing other actions, as necessary.  

B.  A confirming that payments to the law firms of Cox & Smith, Incorporated, and Loeffler, Jonas & Tuggey, L.L.P., for legal services and associated expenses incurred in connection with the economic development agreement with Toyota Motor Manufacturing North America, Inc., known as the Project Starbright Agreement, for a total amount not to exceed $590,000.00 may be reimbursed from the proceeds of bonds sold by the City of San Antonio, Texas, Starbright Industrial Development Corporation. [Presented by Andrew Martin, City Attorney; Terry M. Brechtel, City Manager]

C. Adjourn.

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30. Reconvene the meeting of the City Council to consider: 

A.  An approving a loan by the City to City of San Antonio, Texas, Starbright Industrial Development Corporation ("Corporation") in an amount not to exceed $1,300,000.00 to complete the acquisition of approximately 200 acres of land to be used to fulfill obligations in the previously approved Economic Development Contract between the Corporation and the City, and authorizing the City Manager to negotiate the terms of such loan and any documents for such loan, appropriating funds, and authorizing other actions, as necessary; declaring the intent to reimburse the City out of bond proceeds obtained by the Corporation and declaring this ordinance will be effective immediately if passed by at least eight (8) votes. [Presented by Christopher J. Brady, Assistant City Manager; Terry M. Brechtel, City Manager] 

B.  An authorizing payments to the law firms of Cox & Smith, Incorporated and Loeffler, Jonas & Tuggey, L.L.P. for legal services and associated expenses incurred in connection the economic development agreement with  the  Toyota Motor Manufacturing North America, Inc. for an amount up to $590,000. [Presented by Andrew Martin, City Attorney; Terry M. Brechtel, City Manager] 

C.  An approving a Contract for the acquisition of approximately 1,726 acres of land for a purchase price of not more than $16,090,000.00 to be used to meet economic development incentive obligations contained in the Project Starbright Agreement, and authorizing the City Manager to negotiate changes to the Contract and to execute the Contract, and appropriating funds, authorizing other actions, as necessary; declaring an intent that the expenditures authorized by this ordinance may be reimbursed from the proceeds of bonds sold by the City of San Antonio, Texas, Starbright Industrial Development Corporation; rescinding Ordinance 97317 (March 13, 2003) and providing that the ordinance will be immediately effective upon receipt of eight (8) affirmative votes. 

31. An authorizing the execution of a contract option and approving an amendment to the existing contract with the Oracle Corporation as previously approved in Ordinance 95820 to provide the City of San Antonio with proprietary server and tuning management licenses in an amount of $670,800.00 providing for annual service and maintenance for five years at an initial amount not to exceed $196,768.00 through September 30, 2004; $147,576.00 in each of years two and three; $152,003.00 in year four; and $156,564.00 in year five; appropriating and encumbering funds in the amount of $867,568.00 and authorizing payment; and associated documents for a total value not to exceed $1,471,287.00; effectively immediately if passed by at least eight (8) votes. [Presented by Troy Elliott, Director, ERM Project; Travis M. Bishop, Assistant City Manager] 

32. An authorizing the execution of a professional services agreement with the firm of 3D/International to provide architectural and engineering services in connection with the New Terminal Expansion at San Antonio International Airport for an amount not to exceed $12,638,227.00; authorizing $250,000.00 for architectural contingencies; authorizing $50,000.00 for administrative expenses, for a total amount of $12,938,227.00; appropriating funds; establishing the budget and providing for payment. [Presented by Kevin Dolliole, Director, Aviation; Christopher J. Brady, Assistant City Manager] 

33. An Ordinance ute a standard concession agreement, pursuant thereto, for the operation of a duty free concession at San Antonio International Airport, for a term of five (5) years and providing for annual payments to the City of San Antonio of the greater of fifteen percent (15%) of Gross Revenues on sales up to $500,000.00 and twenty percent (20%) of Gross Revenues on sales over $500,000.00, or a minimum annual guarantee payment of $125,000.00 per year. [Presented by Kevin Dolliole, Director, Aviation; Christopher J. Brady, Assistant City Manager] 

34. An adopting various amendments and revisions to the City of San Antonio Ethics Code as requested by the City Council Governance Committee, the Mayor's Committee on Integrity and Trust in Local Government and the Ethics Review Board. [Presented by Andrew Martin, City Attorney; Terry M. Brechtel, City Manager] 

35. An approving the proposed transportation planning projects to be submitted to the Metropolitan Planning Organization for funding consideration in Fiscal Years 2004 and 2005. [Presented by Emil R. Moncivais, Director, Planning; Jelynne LeBlanc Burley, Assistant City Manager] 

36. An amending the Westfort Alliance Neighborhood Plan to update the land use element as a component of the City's Master Plan as it conforms to the approval criteria set forth in the Unified Development Code, §35-420, pertaining to "Comprehensive, Neighborhood, Community, and Perimeter Plans." [Presented by Emil R. Moncivais, Director, Planning; Jelynne LeBlanc Burley, Assistant City Manager] 

37.  An accepting a donation from Mr. Laddy Denton of approximately 25.0 acres of land located on DeZavala Road in City Council District 8 for park land; establishing a project budget for future acquisition of additional adjacent land and appropriating $365,470.00 from 1994 Park Bond funds for land acquisition fees. [Presented by Malcolm Matthews, Director, Parks and Recreation; Melissa Byrne Vossmer, Assistant City Manager]  

38.  Consideration of the following Ordinances: [Presented by Laura Isenstein, Director, Library Department; Frances Gonzalez, Assistant to the City Manager] 

A.     An authorizing the execution of Amendment No. 1 to the Delegate Agency Contract between the City of San Antonio and the Witte Museum for services to be performed regarding the relocation of the Hertzberg Circus collection and a curatorial assessment of the items contained in the Spanish Governor's Palace in an amount not to exceed $32,000.00; and authorizing payment to the Witte Museum pursuant to the agreement.  

B.     An authorizing the execution of a lease agreement for twelve months with ITW Mortgage Investments IV, Inc. for use by the Library Department of 5,600 square feet of warehouse space located at 995-B Isom Road, Isom Business Center for temporary storage of the Hertzberg Collection at a monthly rent of $2,520.00 or an annual rental rate of $5.40 per square foot, and common area charges, taxes, and insurance charges at a monthly rate of approximately $700.00 for an annual total of approximately $38,640.00, for the period of June 1, 2003 to May 31, 2004, and with a right to renew the term of the lease agreement for an additional period of twelve months, subject to City Council approval; and authorizing payment to ITW Mortgage Investments IV, Inc. pursuant to the lease agreement.  

39. An authorizing amendment No. 1 to the San Antonio Museum Association d/b/a The Witte Museum to expand their leased premises to include Pioneer Hall and amending the term of the agreement for a twenty five (25) year term that will expire on September 7, 2022. [Presented by Malcolm Matthews, Director, Parks and Recreation; Melissa Byrne Vossmer, Assistant City Manager] 

40. An approving a lease agreement renewal with operation changes with the San Antonio Gun Club for use of property in Olmos Basin Park in City Council District 9 for a twenty-five (25) year term. [Presented by Malcolm Matthews, Director, Parks and Recreation; Melissa Byrne Vossmer, Assistant City Manager] 

41. An approving a Dolorosa Street Parking Lot Lease Agreement in Market Square with Market Square Parking, L.L.C., for lease of approximately 14,615 square feet of parking lot space in City Council District 1 for a ten-year term with one five year extension, in consideration of an annual lease amount of $32,500.00 in Year One to $42,500.00 in Year 5 with market analysis adjustments thereafter. [Presented by Malcolm Matthews, Director, Parks and Recreation; Melissa Byrne Vossmer, Assistant City Manager] 

42. An approving the first phase of the Development Incentive Toolkit and authorizing the City Manager or her designee to administratively approve the reduction or waiver of specific fees and make minor revisions to the Project Scorecard, Development Incentive Application and Incentive Inventory as deemed necessary by the City Manager for the implementation and administration of the Development Incentive Toolkit; and approving the policies for the Downtown Housing Development Loan and Historic Façade Loan Programs for inclusion in the Incentive Toolkit. [Presented by Ramiro Cavazos, Director of Economic Development; Christopher Brady, Assistant City Manager; Terry M. Brechtel, City Manager] 

43. A directing staff to utilize a six-signature memorandum dated May 14, 2003, from Mayor Ed D. Garza, setting out Tax Increment Financing (TIF) guideline goals as a framework for development of revisions to the TIF Guidelines approved on October 24, 2002, for consideration by City Council no later than June 26, 2003. [Presented by David D. Garza, Director, Neighborhood Action; Jelynne LeBlanc Burley, Assistant City Manager] 

44. An relating to the number and appointment of commissioners for the San Antonio Housing Authority Board of Commissioners; as requested by Mayor Edward D. Garza. [Presented by Andrew Martin, City Attorney; Terry M. Brechtel, City Manager] 

45. An authorizing the expenditure of $500.00 from the Mayor's Contingency Account Fund, payable to the Carver Academy, to be used to help support the Carver Academy scholarships designed to benefit pre-K through Fourth grade from a culturally diverse community; as requested by Mayor Edward D. Garza. 

46. An authorizing the expenditure of $5,000.00 from the Mayor's Contingency Account Fund, payable to the San Antonio Symphony, to be used to help defray the costs of the operating funds for the musician's and staff salaries and related performances; as requested by Mayor Edward D. Garza. 

47. An authorizing the expenditure of $300.00 from the Mayor's Contingency Account Fund, payable to the Not Forgotten Coalition to assist with the cost of their first annual conference which was held on May 1, 2003 for all seniors, those who work with seniors and all who are interested in senior issues; as requested by Mayor Edward D. Garza. 

48. An authorizing the transfer of  $275.00 from the District 1 Contingency Account Fund to the Parks & Recreation Department to assist the Children's Shelter of San Antonio use of Martinez Park; as requested by Councilman Bobby Perez. 

49. An authorizing the transfer of $20,542.00 from the District 5 Contingency Account Fund to the District 5 Administrative Account Fund; as requested by Councilwoman Nora X. Herrera. 

50. An authorizing the expenditure of $300.00 from the District 6 Contingency Account Fund, payable to the Meadow Village Neighborhood Association to offset costs associated with their annual pot-luck dinner and National Night Out; as requested by Councilman Enrique M. Barrera. 

51. A expressing City Council's support for the Edwards Aquifer Authority to retain an active role in creating and implementing water quality regulations as a key component of the charge and mission of the Authority; as requested by Councilwoman Bonnie Conner.   

52. An authorizing the reallocation of District 8 funds from the District 8 One-time Projects Budget in the amount of $23,000.00 from the Community Information Center at the Northwest YMCA and the transfer of $5,000.00 from the District 8 Contingency Fund Account for an overall total amount of $28,000.00 to the District 8 Administrative Assistant Account; as requested by Councilwoman Bonnie Conner. 

53. An authorizing the allocation and expenditure of Human Development Services Funds in the amount of $500.00 from District 1, $500.00 from District 3, $500.00 from District 5, $500.00 from District 7, $500.00 from District 8, $500.00 from District 9 and $500.00 from District 10 in support of the Barshop Jewish Community Center to support the Senior Games of San Antonio 2003; as requested by Councilwoman Bonnie Conner.   

54. An authorizing the transfer of $5,000.00 from the District 10 Contingency Account Fund to the District 10 Administrative Account Fund; as requested by Councilman David Carpenter. 

55. City Manager's Report. 

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

A.     Discuss legal issues relating to Diana Minella v. City of San Antonio, et al, Cause No. SA-03-CA-0246 EP, pursuant to Texas Government Code Section 551.071 (consultation with attorney). 

B.     Discuss legal issues relating to Robert Milam v. City of San Antonio, SA-01-CA-1123-EP, and Robert Milam v. G. Escobedo, R. Coronado, R. Land, No. 2000-CI-17517; 150th Judicial District, pursuant to Texas Government Code Section 551.071 (consultation with attorney).