Agenda  

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

September 30, 2004

At any time during 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 City Council Chambers and recess for an executive session in the C Room of the Municipal Plaza Building at 10:00 A.M. for the following: 

A.    Deliberate the appointment and employment of an Interim City Manager effective October 1, 2004, pursuant to Texas Government Code Section 551.074 (personnel matters), and related legal issues, pursuant to Texas Government Code Section 551.071 (consultation with attorney). 

B.     Discuss legal issues relating to the removal for cause of a member of the Municipal Civil Service Commission pursuant to Section 70, Paragraph 1 of the City Charter, pursuant to Texas Government Code Section 551.071 (consultation with attorney). 

C.    Discuss legal issues related to Minella v. City of San Antonio, et al., CA SA-03-CA-246-FB, in the U. S. District Court for the Western District of Texas, San Antonio Division, pursuant to Texas Government Code Section 551.071 (consultation with attorney). 

D.    Discuss legal issues and competitive matters related to Acoustical Treatment Consultant Proposal and the Federal Aviation Administration selection process mandates, 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 Pastor John Boubel, Rolling Oaks Baptist Church, Guest of Councilman Chip Haass, District 10, and Pledge of Allegiance.
  1. Ceremonial Items.
  1. Approval of the of the City Council Meeting of July 22, 2004.

DISABILITY ACCESS STATEMENT

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

 Questions regarding this agenda notice should be directed to the City Agenda Coordinator at 207-7080. 

THE FOLLOWING ITEMS WILL BE CONSIDERED AT THE TIMES INDICATED: 

  1. 3:00 P.M. - Public Hearing and consideration of an closing, vacating and abandoning four (4) feet of a forty six (46)-foot wide drainage easement for the construction of a perimeter wall adjacent to the Summerfield neighborhood along Wurzbach Parkway in Council District 8, as requested by the Summerfield Homeowners Association, for the total consideration of $3,401.00. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager]
  1. 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 

  1. An accepting the low responsive bid submitted by Schweizer Aircraft Corporation to provide the City of San Antonio Police Department with a helicopter for a total cost of $796,996.30; appropriating funds; and providing for payment. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager]

Capital Improvement Items  

  1. An designating the firm of Parsons Transportation Group, Inc., to provide consulting services in connection with the Security Assessment for San Antonio International Airport; authorizing the negotiation and execution of a contract for an amount not to exceed $393,404.00; authorizing $39,340.00 for consulting contingency expenses; authorizing $6,000.00 for administrative expenses for a total authorized expenditure of $438,744.00; appropriating a match from the Passenger Facility Charge fund in the amount of $1,168,543.00; establishing the budget and providing for payment. [Presented by Kevin Dolliole, Director, Aviation; J. Rolando Bono, Deputy City Manager]
  1. An authorizing the budget adjustment to the Federal Aviation Administration Grant No. 03-48-0192-41 for the Reconstruction of Taxiway D, the Airfield Guidance Sign Upgrade and the Remain Overnight Apron Projects at San Antonio International Airport, by reducing the Taxiway D Reconstruction Project Grant funds by the amount of $33,017.00, increasing the Airfield Guidance Sign Upgrade Project Grant funds by the amount of $4,323.00 and increasing the Remain Over Night Apron Project Grant funds by the amount of $28,694.00; appropriating the amount of $4,494.53 for the Taxiway D Reconstruction Project matching funds; and revising the budgets. [Presented by Kevin Dolliole, Director, Aviation; J. Rolando Bono, Deputy City Manager]
  1. An accepting the low responsive bid of Ella SA Contracting, L.P., in the amount of $147,069.36 in connection with the construction of a fire line for the Bitters Road Brush Recycling Center, located in Council District 10; authorizing the execution of a construction contract; authorizing $14,700.00 for construction contingency expenses, for a total amount of $161,769.36 from 1993 Environmental Services Certificates of Obligation; appropriating funds; and providing for payment. [Presented by Daniel V. Cardenas, Director, Environmental Services; Melissa Byrne Vossmer, Assistant City Manager]
  1. An accepting the low responsive bid of R.L. Jones, L.P., in the amount of $1,916,147.95 for construction services in connection with the Fay Street/St. Joseph Phase II - Creighton to New Laredo Highway Project, located in Council District 5; authorizing the execution of a construction contract; authorizing $191,614.80 for construction contingency expenses; authorizing $124,437.12 for expense recovery; authorizing $1,000.00 for advertising expenses, for a total amount of $2,233,199.87 from General Obligations of the City; authorizing the reimbursement from San Antonio Water System in the amount of $331,089.60 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]
  1. An appropriating $510,000.00 for the FY 04-05 Annual Signal Program to install traffic signals at five intersections and $250,000 for the FY04-05 Annual Signal Upgrade Program to upgrade existing traffic signal installations and systems funded from the Capital Improvements Reserve Fund. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]
  1. An selecting Garcia & Wright Consulting Engineers, Inc. (MBE) to provide engineering services in connection with the Elson and Inez - North San Joaquin to NW 34th Street Community Development Block Grant (CDBG) Project,  located in City Council District 5; authorizing the negotiation and execution of a professional services contract in an amount not to exceed $107,150.00; authorizing $1,000.00 for advertising expenses; authorizing an additional $10,715.00 for design contingency expenses, for an overall total amount of $118,865.00; revising the budget; appropriating funds; and providing for payment.  [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]
  1. An amending the professional services agreement and authorizing additional funds in the amount of $24,650.00 from 2003 Storm Water Revenue Bond funds payable to K.M. Ng & Associates, Inc. (MBE) in connection with the Semlinger Road - Lord to Rigsby Project, located in Council District 2; revising the project budget; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]
  1. An authorizing the assignment of a professional services agreement from Cantyco, Inc., to Brown Engineering Co.; authorizing payment in the amount of $36,249.48 to Brown Engineering Co. for engineering services in connection with the Hollyhock at Huebner Creek Drainage Structure Project, located in Council District 7; authorizing $3,624.95 for engineering contingency expenses, for a total amount of $39,874.43 from the existing Engineering Contract fund; revising the project budget; appropriating funds; and providing for payment.  [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

Items Concerning the Purchase, Sale or Lease of Real Property 

  1. An granting a license to CAREMARK, INC., a California corporation, to use Public Right of Way to install two (2) three inch (3") diameter flex conduits within, under, and across Alamo Downs Parkway adjacent to NCBs 16115 and 17246, in Council District 6, for a ten (10) year term and  a License Fee of $10,000.00. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager]
  1. An consenting to the installation by Centex Homes, Inc., as Petitioner,  of a temporary water main  [twelve inch (12"), 575 linear feet] within a City of San Antonio variable width drainage Public Right of Way, located  behind Fieldstone Subdivision in Council District 8, for the total consideration of $3,070.00 and subject to the  Petitioner obtaining any other necessary approvals. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager]
  1. An authorizing the execution of a Lease Agreement with the Government of the State of Nuevo Leon, Mexico, operating as Secretaria De Desarrollo Economico, N.L., for the use of approximately 1,521 square feet of office space at the International Center, located at 203 S. St. Mary's Street, in Council District 1, for a two (2) year term commencing October 1, 2004 and ending September 30, 2005, at an annual rental rate of $20,077.20, plus Common Area Maintenance costs  of $2.76 per square foot annually, which are subject to annual adjustment. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager]

Miscellaneous 

  1. An authorizing the execution of a three (3) year License Agreement with Security Service Federal Credit Union to provide the Alamodome with two (2) Automatic Teller Machines and signage in exchange for payment to the City of commissions on foreign transactions in the amount of $0.50 per withdrawal or advance transaction, commencing October 1, 2004, and expiring September 30, 2007, with a three (3)-year renewal term, subject to City Council approval.  [Presented by Michael Abington, Director, Alamodome; Roland A. Lozano, Assistant to the City Manager]
  1. An ratifying additional expenditures in the amount of $11,840.50 for the  Rental and Installation of Event/Exhibition Equipment for the NCAA Final Four Basketball Tournament held in the Alamodome April 4-6, 2004, originally authorized by Ordinance No. 97337, passed and approved on March 20, 2003; and providing for payment.  [Presented by Michael Abington, Director, Alamodome; Roland A. Lozano, Assistant to the City Manager]
  1. An ratifying the submission of an application to and receipt of grant funds in the amount of $9,950.00 from the Texas Forest Service of the Texas A&M University System by the City of San Antonio in cooperation with the Alamo Forestry Partnership; and authorizing the execution of a contract with the Texas Forest Service for local in-kind services. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]
  1. An authorizing the acceptance of a continuation grant from the Alamo Area Council of Governments in the amount of $33,724.00 for use in a Senior Nutrition Evidence-Based Prevention Demonstration Project, operated by the Department of Community Initiatives, from October 1, 2004 through September 30, 2005; authorizing the execution of grant agreements in connection therewith; adopting a budget; and appropriating funds. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager]
  1. An ratifying submission of a continuation grant application and authorizing acceptance of a grant in the amount of $104,000.00 from the Texas Education Agency for continuation of the English Literacy - Civics Education Project at the Margarita Huantes and the Willie Velasquez Family Resource and Learning Centers, for the period July 1, 2004 though June 20, 2005; ratifying the program expenditures for the continuation of the Project since July 1, 2004; and approving the budget and personnel complement. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager]

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

  1. An authorizing the temporary closure of Madison Oak Drive cul-de-sac for use as an interim helipad for up to a period of eighteen months beginning October 10, 2004 during construction by the North Central Baptist Hospital, located in Council District 9. [Presented by Roland A. Lozano, Assistant to the City Manager; Terry M. Brechtel, City Manager]

ITEMS FOR INDIVIDUAL CONSIDERATION 

  1. An appointing J. Rolando Bono to serve as Interim City Manager beginning October 1, 2004; and providing that this ordinance is effective immediately if passed by at least eight votes, as requested by Mayor Edward D. Garza.
  1. An carrying forward certain funds; closing accounting records in certain funds; amending prior appropriations; appropriating funds for requirements in city projects and departments and appropriating certain capital project funds.  [Presented by Peter Zanoni, Director, Management and Budget; Erik J. Walsh, Assistant to the City Manager]

26. An modifying the City Public Service (CPS) Retail Electric Rate Schedules for all retail classes of service by reducing the per kilowatt hour (kWh) fuel component charge of the basic rate structure from $0.016 to $0.01416 and modifying the Wholesale Off System (OS) rate schedule and Wholesale Special Contract (WSC) rate schedule to grant additional flexibility in pursuing wholesale off-system sales. [Presented by Ben Gorzell, Jr., Public Utilities Supervisor/Assistant Director, Finance; Melissa Byrne Vossmer, Assistant City Manager] 

  1. An approving an Investment Policy for the City of San Antonio, Texas, in accordance with the requirement of the Texas Public Funds Investment Act, as amended, for City Council to annually review and approve the City's Investment Policy; designating certain employees as Investment Officers for the City of San Antonio; and providing for an immediate effective date. [Presented by Milo D. Nitschke, Director, Finance; Melissa Byrne Vossmer, Assistant City Manager]
  1. Consideration of the following ordinances: [Presented by Milo D. Nitschke, Director, Finance; Melissa Byrne Vossmer, Assistant City Manager]

A.  An authorizing the execution of a contract with Coastal Securities to provide co-financial advisor services in connection with various of the City's financings for a period to commence October 1, 2004 and terminate September 30, 2007, with an option to extend the contract for one additional two-year periods under the same terms and conditions. 

B.  An authorizing the execution of a contract with First Southwest Company to provide co-financial advisor services in connection with various of the City's financings for a period to commence October 1, 2004 and terminate September 30, 2007, with an option to extend the contract for one additional two-year period under the same terms and conditions.   

29. Consideration of the following resolutions: [Presented by Sharon De La Garza, Director, Human Resources; Frances A. Gonzalez, Assistant City Manager] 

A.     A calling for the removal of David Soto, from the Municipal Civil Service, notifying him of the reasons or cause for removal and the right to a public hearing; and authorizing a date for such hearing. 

B.     A calling for the removal of Henrietta LeGrange, from the Municipal Civil Service, notifying  her of the reasons or cause for removal and the right to a public hearing; and authorizing a date for such hearing.  

C.     A directing the City Clerk to bring forward for City Council consideration nominations to fill the position currently held by Isidro Cardenas as a holdover member of  the Municipal Civil Service Commission.  

30. An authorizing the City Manager or her designee to execute three contracts with Community First Health Plans, Inc. in an estimated aggregate annual amount of $1,833,803.00 to provide third party administration, preferred provider organization and utilization review services under the City's Self-Funded Health Benefits Program for eligible employees, retirees and dependents for a term of three (3) years, beginning January 1, 2005 and ending December 31, 2007, with an option to extend each of the contracts for up to two (2) one (1) year extensions, subject to and contingent upon funding and approval by City Council. [Presented by Sharon De La Garza, Director, Human Resources; Frances A. Gonzalez, Assistant City Manager] 

31. An authorizing the acceptance of grant funds in the amount of $3,604,992.00 from the U.S. Department of Homeland Security through the Office of Domestic Preparedness, which will be used to assist the City of San Antonio with Homeland Security readiness over the next three to five years through planning, training and equipment as outlined in the San Antonio Urban Area Strategy Plan, for the grant period December 1, 2003 to November 30, 2005. [Presented by Robert Ojeda, Fire Chief; Christopher J. Brady, Assistant City Manager] 

32. An adopting the Nogalitos/S. Zarzamora Community Plan, generally described as an area of approximately 4 square miles (2,060 acres) bound by IH-35 on the east, SW Military Drive on the south, and S. Zarzamora, Centennial, and Union Pacific Railroad tracks on the west and north, as a component of the City's Master Plan as it conforms to the approval criteria set forth in the Unified Development Code, Chapter 35-420, pertaining to "Comprehensive Neighborhood, Community, and Perimeter Plans." Staff recommendation is for approval. Planning Commission recommended approval.  (City Council Districts 4 and 5) [Presented by Emil R. Moncivais, Director, Planning; Jelynne LeBlanc Burley, Assistant City Manager] 

33. An authoring an amendment to Ordinance No. 99479, passed and approved July 22, 2004, which established interim development controls on new permits including zoning, platting and development plan approvals for properties situated over the area annexed by the City for limited purposes on August 1, 2004 by extending the development controls for 120 days from September 30, 2004, to January 28, 2005 for certain properties in the annexed area. [Presented by Emil R. Moncivais, Director, Planning; Jelynne LeBlanc Burley, Assistant City Manager] 

34. A of the City of San Antonio, Texas granting consent to the proposed project and issuance of Revenue Bonds, in an amount not to exceed $40,000,000.00 by the Health Facilities Development Corporation of Central Texas, Inc. to finance the development of a health facility for Franciscan Communities Villa de San Antonio. [Presented by Ramiro A. Cavazos, Director, Economic Development; J. Rolando Bono, Deputy City Manager] 

  1. An authorizing the execution of a Memorandum of Understanding ("MOU") with the San Antonio River Authority ("SARA") for the performance of project management responsibilities on the San Antonio River Improvements Project ("SARIP") in accordance with the conditions outlined in the MOU; authorizing payment of an amount not to exceed $7,433,000.00 to SARA for design and construction expenses; authorizing the final design and construction of the Museum Reach and Mission Reach of the SARIP; and establishing the City's funding limits to support master planning, project management, permitting, final design, rights-of-way acquisition, design and construction documents, construction and construction management; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]
  1. An approving the professional services contract with Bromley Communications, Inc., in accordance with Ordinance No. 99539, passed and approved on August 5, 2004, to assist the City of San Antonio Convention and Visitors Bureau in its advertising, marketing, and public relations programs for a three (3) year period with two (2) additional two (2) year terms at the sole discretion of City Council. [Presented by Melvin Tennant, Director, Convention and Visitors Bureau; Roland A. Lozano, Assistant to the City Manager]
  1. Consideration of the following Ordinances: [Presented by Gary Moeller, Director, Information Technology Services Department; J. Rolando Bono, Deputy City Manager]

A.     An ratifying change orders 26 through 68, increasing the contract with Ericsson, Inc in the amount of $471,523.00 to optimize system performance and functionality to ensure the safety of Public Safety Officers, Firefighters, EMS personnel and other local government users.  

B.     An approving change order 69, increasing the contract with Ericsson, Inc. in the amount of $603,489.00 to add 20 channels to the existing infrastructure to facilitate the regional communications expansion of the system to accommodate 3rd Party communications an interoperability and public safety.  

C.     An amending the contract with RCC Consultants, Inc. for continued on-site project management and consulting services to the City of San Antonio and Bexar County to assist in the regional expansion of the 800 MHz Public Safety Radio System in an amount not to exceed $195,840, the cost of said services to be shared with Bexar County with the City's portion totaling $156,672 (80%) and Bexar County's share totaling $39,168 (20%). 

38. An authorizing the waiver of all permit fees, including trade permit fees for 939 W. Harding, as requested by Councilman Ron H. Segovia, District 3.  [Presented by Florencio Pena, Director, Development Services; Christopher J. Brady, Assistant City Manager] 

  1. Ratification of Authorization for Councilman Ron H. Segovia, District 3,  who traveled to Veracruz, Mexico to represent and participate in the City's delegation on its "Trade Mission to Veracruz, Mexico" from Monday, September 27, 2004 to Wednesday, September 29, 2004.
  1. Authorization for Councilman Christopher "Chip" Haass, District 10, who will travel to West Hollywood, Calif., to attend the National League of Cities Human Development Steering Committee meeting from Thursday, October 7, 2004 through Saturday, October 9, 2004.

41. City Manager's Report. 

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

    1. Deliberate the appointment and employment of an Interim City Manager effective October 1, 2004, pursuant to Texas Government Code Section 551.074 (personnel matters), and related legal issues, pursuant to Texas Government Code Section 551.071 (consultation with attorney).
    1. Discuss legal issues relating to the removal for cause of a member of the Municipal Civil Service Commission pursuant to Section 70, Paragraph 1 of the City Charter, pursuant to Texas Government Code Section 551.071 (consultation with attorney).
    1. Discuss legal issues related to Minella v. City of San Antonio, et al., CA SA-03-CA-246-FB, in the U. S. District Court for the Western District of Texas, San Antonio Division, pursuant to Texas Government Code Section 551.071 (consultation with attorney).

    1. Discuss legal issues and competitive matters related to Acoustical Treatment Consultant Proposal and the Federal Aviation Administration selection process mandates, pursuant to Texas Government Code Section 551.071 (consultation with attorney).

 

E.     Discuss legal issues relating to the City's power to zone and otherwise regulate the development of property in areas annexed for limited purposes, pursuant to Texas Government Code Section 551.071 (consultation with attorney).