Agenda

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 the C Room of the Municipal Plaza Building at 10:00 A.M. and recess into executive session for the following:

A. Discuss legal issues relating to the convention center catering contract with the RK Group Joint Venture Partnership, pursuant to Texas Government Code Section 551.071 (consultation with attorney).

B. Discussion regarding the Convention Center Headquarters Hotel pursuant to Section 551.072 (deliberation about real property), Section 551.087 (deliberation regarding economic development negotiations), and Section 551.071 (consultation with attorney).

C. Discuss legal issues regarding the negotiations with Landry's Restaurant's, Inc. for the proposed Tower of the America's lease agreement, pursuant to Texas Government Code Section 551.072 (deliberation on the purchase, exchange, lease, or value of real property) and Texas Government Code Section 551.071 (consultation with attorney).

D. Upon a Good Faith Determination by City Council pursuant to §551.086 (c) of the Texas Government Code that the subject matter involves a competitive matter, a discussion regarding competitive matters (§551.086 of the Tex. Govt. Code) and legal consultation (§551.071 of the Tex. Govt. Code) related to CPS' flexibility in pursuing wholesale off-system sales.

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 Ron Littlefield, Highland Hills Baptist Church, guest of Councilman Ron Segovia, District 3.and Pledge of Allegiance.

3. Approval of the minutes of the City Council Meeting of August 26 and September 2, 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.

CASE NUMBER Z2004206: The request of Dennis Isbell, Applicant, for Grace Baptist Temple, Owner, for a change in zoning from "RM-4 PUD" Residential Mixed Planned Unit Development District to "RM-4" Residential Mixed District on 7.059 acres out of NCB 14794, north side of Wurzbach Road 70 feet west of Fern Glen. Staff's recommendation was for approval. Zoning Commission has recommended approval. (Council District 8)

5. 3:00 P.M. -

of proposed ordinances regarding Aggressive Solicitation, Camping or Sleeping in Public, Urinating and/or Defecating in Public, and Sitting or Lying Down in Right-of Way in Public. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager]

THE FOLLOWING ITEMS MAY BE CONSIDERED AT ANY TIME DURING THE REGULAR COUNCIL MEETING:

7. An

accepting the low bid submitted by Safety Supply, Inc. (WBE) to provide the City of San Antonio Police Department with personal protection coveralls for a total amount of $57,505.75. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager]

8. An

accepting the bids of various companies to provide the City of San Antonio with various types of commodities and services on an annual contract basis for FY 2004-2005 for an estimated combined annual cost of $277,734.00 to include contracts for Melrose/Clark equipment parts and service, and lumber and plywood. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager]

9. An

amending the professional services contract and authorizing Community Development Block Grant (CDBG) funds in an amount not to exceed $21,345.00 payable to Slay Engineering Company, Inc., for additional engineering services in connection with the Durango - San Marcos to Trinity CDBG Project, located in Council District 5; authorizing an additional $9,940.00 for engineering contingency expenses, for a total amount of $31,285.00; revising the project budget; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

10. An

accepting the low responsive bid in the amount of $1,281,228.05 from E-Z Bel Construction, Ltd., for construction services in connection with the Larkspur - West Avenue to Baltic Project, located in Council District 9; authorizing the execution of a construction contract; authorizing $99,719.07 for construction contingency expenses; authorizing $69,803.35 for expense recovery; and authorizing $1,934.78 for advertising expenses, for a total amount of $1,452,685.25; authorizing the reimbursement from San Antonio Water System in the amount of $284,037.37 for sewer and water expenses; authorizing $1,168,647.88 from General Obligations of the City and Certifications of Obligation; revising the project budget; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

11. An

declaring that the Gonzales County Carrizo Aquifer Project ("Project") is a necessary public project; further declaring that a public necessity exists for the acquisition of certain real property interests including but not limited to easement interests across, over, upon and under certain privately owned properties between a point located near the intersection of County Road 123 and Farm to Market Road 77 in Gonzales County and the Anderson Pump Station located near the intersection of State Highway 151 and Loop 1604 in Bexar County, which are located near, within, abutting and/or contiguous to the alignment for the Project (collectively the "Property"), such alignment generally meandering in a south by southwest direction in Gonzales and Wilson Counties to the Twin Oaks Water Treatment Facility in South Bexar County continuing to traverse in a north by northwest direction in Bexar County to the Lackland Pump Station located near Old Pearsall Road and Loop 410 continuing to Anderson Pump Station located near the intersection of State Highway 151 and Loop 1604 (the "Project Alignment"); authorizing the San Antonio Water System ("SAWS"), its designated employees, agents, attorneys and/or authorized independent consultants to take all lawful actions including without limitation litigation, necessary or incidental to the power of eminent domain to survey, specify, clarify, define, and determine the suitability of real property interests including but not limited to easement interests across, over, upon and under the property; ratifying and declaring valid all prior acts done or initiated by SAWS, its attorneys, agents, and employees to survey, specify, clarify, define and determine the suitability of certain real property for potential future acquisition related to the Project; providing for a severability clause and establishing an effective date. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

12.

accepting dedication of a 0.0045 acre tract of land from Three Lee Investments Limited in exchange for a Release of an Inundation Easement and Restrictive Covenant in connection with the Sunset Road - Jones Maltsberger to Broadway MPO Project, located in Council District 9. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

13. An

authorizing the execution of a Supplemental Contractual Agreement with the State of Texas for right of way acquisition in connection with the Wurzbach Parkway Project, located in Council District 8. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

14. An

approving the fee simple purchase of thirteen (13) properties located along the Leon and Salado Creeks for a total amount of $50,944.30; authorizing $3,081.00 for due diligence fees, for a total amount of $54,025.30; appropriating funds; and providing for payment. [Presented by Edna R. Ortega, Special Projects Coordinator, Proposition 3; Christopher J. Brady, Assistant City Manager]

15. An

authorizing the City of San Antonio's acceptance of title to two (2) parcels of land from the San Antonio Development Agency (SADA), such land consisting of Lots 15 and 16, Block 2, New City Block 1494, measuring 21,893 square feet and 21,429 square feet, respectively, at the intersection of Dakota and S. New Braunfels Streets, San Antonio, Bexar County, Texas in connection with the San Antonio Empowerment and the Eastside Enterprise Zones; authorizing the expenditure of Community Development Block Grant (CDBG) funds in the amount of $1,040.00 for code compliance liens and advertising expenses; authorizing SADA to develop said property; and authorizing the execution of all documents in connection therewith. [Presented by Andrew Cameron, Director, Housing and Community Development; Jelynne LeBlanc Burley, Assistant City Manager]

A. An

authorizing execution of a lease agreement with property partners i, ltd for 4,913 square feet of office space at the Westside Professional Building located at 700 South Zarzamora Street, for use by the city of San Antonio's elderly & Disabled Services Division and office of elderly affairs for a twelve month term beginning october 1, 2004 and ending september 30, 2005 at a monthly rental of $4,913.00 for the term of the lease agreement; authorizing the execution of any other necessary documents in connection therewith; and authorizing the payment of the monthly lease rental.

B. An

authorizing the execution of a lease agreement with Property Partners I, ltd for 1,243 square feet of office space at the Westside Professional Building located at 700 South Zarzamora Street, for use by the city of San Antonio's Fair Housing Program for a three-year term beginning october 1, 2004 and ending september 30, 2007 at a monthly rental of $1,243.00 for the term of the lease agreement; authorizing the execution of any other necessary documents in connection therewith; and authorizing the payment of the monthly lease rental.

C. An

authorizing the execution of a lease agreement with Property Partners I, Ltd for 1,217 square feet of office space at the Westside Professional Building located at 700 South Zarzamora Street, for use by the city of San Antonio's Neighborhood Conferencing Committees Program for a thirty-four month term beginning october 1, 2004 and ending july 31, 2007 at a monthly rental of $1,217.00 for the term of the lease agreement; authorizing the execution of any other necessary documents in connection therewith; and authorizing the payment of the monthly lease rental.

17. An

authorizing the Interim City Manager or his designee to execute a contract with Keep San Antonio Beautiful, Inc., to provide assistance to the City in conducting neighborhood clean-up programs and public education; authorizing payment of $20,000.00 from the Solid Waste Operating Budget for such services for FY 2004-2005; and appropriating funds. [Presented by Daniel V. Cardenas, Director, Environmental Services; Melissa Byrne Vossmer, Assistant City Manager]

18. An

authorizing a purchase agreement with Cemusa San Antonio, Ltd., to provide the Environmental Services Department with bus shelter advertisement space for a total amount of $28,500.00 to promote the City's curbside recycling program; and providing for payment. [Presented by Daniel V. Cardenas, Director, Environmental Services; Melissa Byrne Vossmer, Assistant City Manager]

19. An

authorizing and ratifying a purchase agreement with Clear Channel Outdoor, Inc., to provide the Environmental Services Department with outdoor billboard advertisement space for a total amount of $30,001.00 to promote the City's curbside recycling program; and providing for payment. [Presented by Daniel V. Cardenas, Director, Environmental Services; Melissa Byrne Vossmer, Assistant City Manager]

20. An

ratifying an agreement between the City of San Antonio , Community Arena Management, Ltd. and Bexar County to continue traffic management services by the Public Works Department in and out of the SBC Center during major events. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

21. An

authorizing the Interim City Manager or his designee to accept an $80,000.00 grant from the Office of the Governor, Criminal Justice Division, to fund the ninth year of the administrative and coordination efforts of the Crisis Assistance Team Administration of the Victims Advocacy Section; authorizing an In-Kind Match of $19,260.00 and a General Fund match of $7,407.00. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager]

22. An

accepting a donation of $625.00 from the Sam's Club Foundation for the purchase of three (3) Global Positioning System radio units in support of the San Antonio Police Department's K-9 Unit; amending the budget; and appropriating funds. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager]

23. An

accepting a $3,000.00 prize from ITT Industries that was awarded to the San Antonio Police Department SWAT Team for winning the 2004 World SWAT Challenge, which will be used for continuing training and proficiency exercises; amending the budget; and appropriating funds. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager]

24. An

accepting a donation of $1,000.00 from the Wal-Mart Foundation in support of the San Antonio Police Department's Helicopter Unit; amending the budget; and appropriating funds. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager]

25. An

accepting a donation of modular furniture valued at $41,000.00 from Randolph Brooks Federal Credit Union to the San Antonio Police Department to be used to furnish the newly expanded North, Northwest, and East Substations. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager]

26. An

accepting a $200,000.00 allocation from the Bexar Metro 911 Network District for FY 2004-2005 for the funding of five (5) temporary call taker positions, communication equipment maintenance, equipment purchases, and training; amending the budget; and appropriating funds. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager]

27. An

authorizing the acceptance of a grant in the amount of $25,000.00 from the Annie E. Casey Foundation to support implementation of the family, friends and neighbors caregiver outreach project for the period october 1, 2004 to september 30, 2005; appropriating funds; and adopting a budget. [Presented by Dennis J. Campa, Director, Community Initiatives, Frances A. Gonzalez, Assistant City Manager]

28. An

authorizing the acceptance of new funding in the amount of $500,000.00 from the Department of the Air Force to continue support for the Public Center for Environmental Health ("PCEH") of the San Antonio Metropolitan Health District for Project Year FY 2005 and authorizing an amount not to exceed $250,000.00 in carry-over funds from FY 2004 to be used in FY 2005; establishing a new program fund; approving the FY 2005 Program Budget and Personnel Complement; transferring funds; and authorizing payments for contractual services. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager]

29. An

approving a Competitive Matter Memorandum of Understanding between the City of San Antonio and City Public Service (CPS) to grant additional flexibility in pursuing wholesale off-system sales. [Presented by Ben Gorzell, Jr., Director, Public Utilities Office; Melissa Byrne Vossmer, Assistant City Manager]

30. An

authorizing payment of the City of San Antonio's annual membership dues to the National League of Cities in the amount of $28,444.00 for Fiscal Year 2004-2005; and providing for payment. [Presented by Christopher J. Brady, Acting Director, External Relations; J. Rolando Bono, Interim City Manager]

31. An

authorizing payment of the City of San Antonio's annual membership dues to the Texas Municipal League in the amount of $45,251.00 for Fiscal Year 2004-2005; and providing for payment. [Presented by Christopher J. Brady, Acting Director, External Relations; J. Rolando Bono, Interim City Manager]

32. An

authorizing payment of the City of San Antonio's annual membership dues to the Austin-San Antonio Intermunicipal Commuter Rail District in the amount of $49,500.00 for Fiscal Year 2004-2005; and providing for payment. [Presented by Christopher J. Brady, Acting Director, External Relations; J. Rolando Bono, Interim City Manager]

33. An

authorizing the Interim City Manager or his designee to execute a contract with Association and Society Insurance Corporation (ASI) for the purpose of providing a fully insured TRICARE Supplement Medical Plan to City employees and their eligible dependents covered under TRICARE military retiree plans, for an estimated annual cost of $150,300.00 for a two-year term, beginning January 1, 2005 and ending December 31, 2006, with an option to extend the contract 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]

34. An

authorizing the Interim City Manager or his designee to exercise the final one (1) year extension and amendment of the current contract with PacifiCare/Secure Horizons to provide a Health Maintenance Organization (HMO) Plan for eligible retirees and their dependents enrolled in Medicare coverage, for an estimated annual amount of $720,180.00 for a one (1) year term beginning January 1, 2005 and ending December 31, 2005. [Presented by Sharon De La Garza, Director, Human Resources; Frances A. Gonzalez, Assistant City Manager]

35. An

authorizing an amendment to the Henry B. Gonzalez Convention Center Food and Beverage Service Agreement with RK Group Joint Venture to decrease the number of days required to provide notice to the Contractor of the City's option to renew from no later than ninety (90) days preceding expiration of the Initial Term to no later than sixty (60) days preceding the expiration of the Initial Term of the Agreement or December 2, 2004. [Presented by Michael Sawaya, Director, Convention Facilities; Roland A. Lozano, Assistant to the City Manager]

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

36. An

approving the parade permit and authorizing the temporary closure of portions of certain streets near Memorial High School (1227 Memorial Street) in connection with the Homecoming Parade sponsored by Memorial High School to be held on Friday, November 5, 2004 from 7:45 A.M. until 9:30 A.M. [Presented by Roland A. Lozano, Assistant to the City Manager; J. Rolando Bono, Interim City Manager]

37. An

approving the parade permit and authorizing the temporary closure of portions of certain streets in the downtown area in connection with the Chili Bowl Parade sponsored by Fox Tech High School to be held on Friday, November 5, 2004 from 9:45 A.M. until 10:30 A.M. [Presented by Roland A. Lozano, Assistant to the City Manager; J. Rolando Bono, Interim City Manager]

38. An

approving the parade permit and authorizing the temporary closure of portions of certain streets near Little Flower Church (905 Kentucky) in connection with the Little Flower School Run for the Roses sponsored by Little Flower Church to be held on Saturday, November 6, 2004 from 8:00 A.M. until 11:30 A.M. [Presented by Roland A. Lozano, Assistant to the City Manager; J. Rolando Bono, Interim City Manager]

39. An

approving the parade permit and authorizing the temporary closure of portions of certain streets in the downtown area in connection with the Veterans Parade sponsored by the U.S. Military Veterans Parade Association to be held on Saturday, November 6, 2004 from 11:30 A.M. until 3:00 P.M. [Presented by Roland A. Lozano, Assistant to the City Manager; J. Rolando Bono, Interim City Manager]

40. An

approving the parade permit and authorizing the temporary closure of portions of certain streets near Sunset Station in connection with the America's Walk for Diabetes sponsored by the American Diabetes Association to be held on Saturday, November 13, 2004 from 7:00 A.M. until 12:00 P.M. [Presented by Roland A. Lozano, Assistant to the City Manager; J. Rolando Bono, Interim City Manager]

A. An

reappointing Ellen Lockwood (District 8) to the Animal Care Services Advisory Board for a term of office to expire on April 3, 2006.

B. An

appointing Peter G. Irwin (District 8) to the Joint City/County Commission on Elderly Affairs for a term of office to expire on September 30, 2005.

C. An

appointing John Braxton (District 2) to the San Antonio Commission on Literacy for a term of office to expire on September 15, 2006.

D. An

appointing Jonathan De Jesus (District 8) to the San Antonio Youth Commission for a term of office to expire on June 1, 2006.

42. An

authorizing usage of alternative ground-mounted and/or overhead street name signs with graphical representations for registered Neighborhood Associations; and adopting procedures for such signs. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]

43. An

authorizing an extension of the Fiesta Carnival and Parade Route Concessions Contract between Fiesta San Antonio Commission, Inc. and Reed Exposition Midway for an additional two (2) years to include the 2005 and 2006 Fiesta years and with modified pricing, as requested by the Fiesta San Antonio Commission, Inc. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager]

44. An

authorizing the San Antonio Housing Finance Corporation to issue Multi-Family Housing Revenue Bonds Series 2004 not to exceed $15,000,000.00 to provide financing for the development of the Villas of Costa Biscaya Apartments Project; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing for an immediate effective date upon eight (8) affirmative votes. [Presented by Andrew Cameron, Director, Housing and Community Development; Jelynne LeBlanc Burley, Assistant City Manager]

45. An

authorizing the San Antonio Housing Finance Corporation to issue Multi-Family Housing Revenue Bonds Series 2004 not to exceed $14,000,000.00 to provide financing for the development of the Willow Ranch Apartments Project; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing for an immediate effective date upon eight (8) affirmative votes. [Presented by Andrew Cameron, Director, Housing and Community Development; Jelynne LeBlanc Burley, Assistant City Manager]

46. An

authorizing the waiver of building permit fees in the amount of $49,400.00 for the Arroyo Vista Affordable Showcase of Homes Development, located in Council District 6; as requested by Councilman Enrique M. Barrera, District 6. [Presented by David D. Garza, Director, Neighborhood Action; Jelynne LeBlanc Burley, Assistant City Manager]

47.

Authorization for Councilman Joel Williams, District 2, who will travel to Corpus Christi, Texas to attend the Texas Municipal League Conference from Wednesday, October 27, 2004 to Friday, October 29, 2004.

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

Agenda

City Council Meeting

Municipal Plaza Building

City Hall Complex

103 Main Plaza

San Antonio, Texas 78205