Agenda

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

December 18, 2003

 
 

At any time during the "B" Session or the Regular City Council Meeting, the City Council may meet in executive session for consultation concerning attorney-client matters (real estate, litigation, contracts, personnel and security). 

I.        The City Council will convene for a "B" Session in the B Room of the Municipal Plaza Building at 10:00 A.M. for the following: 

A.     Briefing on the Third Quarter 2003 Report on Water Resources and Proposed 2004 Water Supply Fee Increment. [Introduced by Ret. Gen. Eugene E. Habiger, President/CEO, San Antonio Water System; Presented by Susan Butler, Director, Water Resources, SAWS, and Alex Hinojosa, Director, Financial Services, SAWS] 

B.     Report from the City's Public Utilities Office on the proposed Increase in the Water Supply Fee by SAWS. Presented by Ben Gorzell, Public Utilities Supervisory/Assistant Director, Finance; Melissa Byrne Vossmer, Assistant City Manager] 

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 Father Dennis Darilek, Our Lady of Good Counsel Church, and Pledge of  Allegiance. 

2.      Ceremonial Items.

 

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: 

3.      1:00 P.M. - Public Hearing and consideration of an increasing the geographic area of Reinvestment Zone Number Eleven, City of San Antonio, Texas, to include enlarging the boundaries of the existing Reinvestment Zone; adopting amendments to the final project plan and final finance plan for the Zone to incorporate the increase in area and to approve the payment of all available incremental ad valorem taxes generated from the added parcels into the Zone's Tax Increment Fund as provided for in the finance plan; as requested by Councilman Joel Williams, District 2. [Presented by David Garza, Director, Neighborhood Action; Jelynne LeBlanc Burley, Assistant City Manager] 

4.      2:30 P.M. - Public Hearing and consideration of an closing, vacating and abandoning an unimproved portion of Robards Row Street Public Right of Way located between Appleman Street and Gilder Boulevard adjacent to NCBs 17624 and 18421, as requested by the abutting property owners, Iron Horse RV, Inc. and John Deloach, for the total consideration of $32,925.00.  [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager]   

5.      3:00 P.M. - Public Hearing and Consideration of an increasing the monthly storm water fee by an average of 3.36 percent across all customer classifications and tiers as follows:   For Residential Customers - (Tier 1) lot size of zero to 4,999 square feet from $2.25 to $2.33; and (Tier 2) lot size of 5,000 or more square feet from $2.98 to $3.08; For Multifamily Customers - (Tier 1)  lot size of zero to 21,999 square feet from $5.01 to $5.18; and (Tier 2) lot size of 22,000 to 43,999 square feet from $15.68 to $16.21; and (Tier 3) lot size of 44,000 to 131,999 square feet from $47.55 to $49.15; and (Tier 4) lot size of 132,000 or more square feet from $226.28 to $233.88; For Commercial/General Customers - (Tier 1) lot size of zero to 21,999 square feet from $12.83 to $13.26; and (Tier 2) lot size of 22,000 to 43,999 square feet from $35.10 to $36.28; and (Tier 3) lot size of 44,000 to 86,999 square feet from $62.91 to $65.02; and (Tier 4) lot size of 87,000 to 131,999 square feet from $108.42 to $112.06; and (Tier 5) lot size of 132,000 or more square feet from $239.54 to $247.59; For Public Customers - (Tier 1) lot size of zero to 21,999 square feet from $12.71 to $13.14; and ( Tier 2)  lot size of 22,000 to 43,999 square feet from $34.76 to $35.93; and (Tier 3) lot size of 44,000 to 86,999 square feet from $62.79 to $64.90; and (Tier 4) lot size of 87,000 or more square feet from $106.15 to $109.72; and providing for an immediate effective date upon approval by eight votes. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

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 the various types of commodities and services on an annual contract basis for FY2003-2004 for an estimated combined annual cost of $4,195,433.00 to include contracts for audio books, diesel fuel, motor fuel tankwagon loads, Daimler/Chrysler automobile & light duty pickup truck body repair for city vehicles, Ford Motor Co. automobile & light duty pickup truck body repair for city vehicles, Hamm roller parts & service, Microsoft enterprise licensing agreement, police pursuit tires, long life traffic signal lamps and traffic signal heads. [Presented by Janie B. Cantu, Director, Purchasing & General Services; Erik J. Walsh, Assistant to the City Manager] 

Capital Improvement Items  

8.      An accepting the low, responsive bid with Bid Alternate 1 of R.E.C. Industrial, Inc. in the amount of $174,500.00 in connection with the Westside YMCA HVAC Replacement Community Development Block Grant (CDBG) Project, located in Council District 5; authorizing the execution of a standard construction contract; appropriating $75,604.00 in Facility Improvement Maintenance Program funds and $104,866.00 in Community Development Block Grant (CDBG) funds; authorizing the transfer of project savings in the amount of $1,575.00 within the project budget; authorizing $7,545.00 for miscellaneous construction contingency expenses; revising the project budget; and providing for payment. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

9.      An authorizing work under an existing stand-by Professional Services Agreement approved by City Council through Ordinance Number 97613 on May 15, 2003, in connection with the Callaghan Road - Bandera to Horseshoe Bend;  and Callaghan Road - W. Horseshoe Bend to Ingram MPO Projects,  in Council District 7; authorizing  funds in the amount of $25,547.00 payable to HNTB Corporation for environmental engineering services necessary to Environmental Assessment; authorizing $2,255.40 for  engineering contingency expenses and $2,555.00 for miscellaneous contingency,  for a total amount of $30,357.40 from Certificates of Obligation; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

10. An amending a professional services contract and authorizing additional funds in the amount of $15,594.00 from Certificates of Obligation payable to Pape-Dawson Engineers, Inc., for professional engineering services in connection with the Callaghan Road - West Horseshoe Bend to Ingram MPO Project, located in Council Districts 7; authorizing $1,559.00 for additional design contingency expenses, for a total amount of $17,153.00; revising the project budget; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

11. An amending the professional services contract, ratifying services and authorizing Community Development Block Grant (CDBG) funds in an amount not to exceed $4,647.97 payable to S.M. Galindo Engineers, Inc. (MBE) for additional engineering services in connection with the Delgado - Navidad to Zarzamora Community Development Block Grant (CDBG) Project, located in Council District 1; authorizing the reimbursement from San Antonio Water System in the amount of $511.22 for a total amount of $4,647.97; revising the project budget; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

12. An amending a professional services contract and authorizing additional funds in the amount not to exceed $245,922.19 from General Obligations of the City payable to Civil Engineering Consultants for engineering services in connection with the Goliad Road (Pecan Valley to Military), Phase I Project, and the Goliad Road Outfall, Phase II Project, both located in Council District 3; authorizing $24,592.22 for contingency expenses, for a total amount of $270,514.41; revising the project budget; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager]  

13. An amending a professional services contract and authorizing additional funds in the amount not to exceed $5,515.00 from 1987 G.O. Drainage Improvements Bonds payable to Pape-Dawson Engineers, Inc. for engineering services in connection with the Hi-Lions Drainage #80, Phases III & V Project, located in Council District 3; revising the project budget; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

14. An Ordinance amending a professional services contract and authorizing additional funds from 1999 G.O. Street Improvement Bonds in the amount not to exceed $38,836.00 payable to Weston Solutions, Inc. for engineering services in connection with the Southtown Area Street Improvements Project, located in Council District 1; revising the project budget; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

15. An accepting the low, responsive bid of E-Z Bel Construction, Ltd., (MBE) in the amount of $223,046.51 in connection with the Navidad - Martin to Salinas Community Development Block Grant (CDBG) Project, located in Council District 1; authorizing the execution of a construction contract; authorizing $18,513.75 for miscellaneous construction contingency expenses; authorizing $12,959.63 for expense recovery, for a total amount of $254,519.89; authorizing the reimbursement from San Antonio Water System in the amount of $37,909.01; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

16. An approving Field Alteration No. 7 - Final in the reduced amount of $44,202.20 to the contract of San Antonio Constructors, Ltd., in connection with the St. Francis - Dowdy to Probandt Community Development Block Grant (CDBG) Project, located in Council District 5; and revising the project budget. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

17. An authorizing payment in the amount of  $40,645.55 from General Obligations of the City to Eagle Construction and Environmental Services, L.P., for environmental remediation services under an existing professional service agreement in connection with the Houston - Pine to Walters MPO Project, located in Council District 2; authorizing $4,064.55 for miscellaneous remediation contingency expenses;  further authorizing $30,748.10 to Geo-Marine, Inc., a currently contracted environmental services stand-by engineer, for environmental oversight and monitoring services; authorizing $3,074.81 for miscellaneous environmental monitoring contingency expenses, for a total amount of $78,533.01; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

18. An accepting the low, responsive bid with Alternate Nos. 1 and 3 in the amount of $762,000.00 from F. A. Nunnelly Co. in connection with the Alamodome Interior Improvement Package Project in Council District 2; authorizing the execution of a construction contract; authorizing $53,340.00 for miscellaneous construction contingency expenses; authorizing $64,281.00 payable to Marmon Mok, L.L.P. for architectural and engineering services, for a total amount of $879,621.00 funded from General Obligations of the City; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf] 

Items Concerning the Purchase, Sale or Lease of Real Property 

19. An authorizing funds in the amount of $32,415.50 payable to Bracewell & Patterson, L.L.P. for legal services necessary to the real estate acquisitions for the following approved City projects: Ashley Road - Bascum to S. Flores Project; Bitters Road - West Avenue to Heimer MPO Project; Cherry Street Drainage Project #15B Phase II; Escalon Street #1008 Drainage Project; Hi-Lions Drainage #80, Phases III & V Project; Hildebrand Avenue from I.H. 10 to Breeden MPO Project; Western Avenue Drainage #74 III-A Project; Wurzbach Road at I.H. 10 and Ironside Intersections Project; Wurzbach Parkway Project; and the Fay Phase I Community Development Block Grant (CDBG) Project; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

20. An accepting two Permanent Drainage Easement Dedications from HTS-San Antonio, L.P., a Delaware limited partnership doing business in Texas as HTS-Hyatt San Antonio, L.P.; and three Permanent Drainage Easement Dedications from Legacy Trails Development Joint Venture, a Texas joint venture, in connection with the Hyatt Hill Country Third Nine Golf Course Off-Site Drainage Project located in Council District 6. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

21. An releasing certain parcels located along the north right-of-way line of Avery Road, consisting of approximately 5.311 acres located in Council District 10 from the City of San Antonio's city limits, as requested by the City of Live Oak. [Presented by Emil R. Moncivais, Director, Planning; Jelynne LeBlanc Burley, Assistant City Manager] 

22. An authorizing the execution of a lease agreement with the United States of America, Transportation Security Administration for the lease of 1,961 square feet of Terminal 2 office space, 322 square feet of Terminal 2 break room space, 24 square feet of Terminal 1 (IT) Space, and 500 square feet of Terminal 1 office/break room space, at San Antonio International Airport for a total monthly fee of $14,615.24, for a term ending October 31, 2006. [Presented by Kevin Dolliole, Director, Aviation; J. Rolando Bono, Deputy City Manager] 

23. An authorizing a lease agreement with Ella Austin Community Center for 1,800 square feet of office space at 1023 N. Pine for use by the Youth Opportunity Program, Department of Community Initiatives, for an eighteen (18) month term beginning January 2, 2004 and ending June 30, 2005, in the amount of $2,160.00 per month for the term of the lease agreement; and authorizing payment of the monthly lease rental. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

24. An authorizing the execution of an Intrajurisdictional Agreement between the City of San Antonio and the City Public Service Board of San Antonio (CPS)  transferring to CPS the use, benefit, and control of  a 448 square foot portion of City-owned property known as the Carver Community Cultural Center, at 226 N. Hackberry Avenue, at a location approximately 235 feet east of N. Hackberry Avenue  south of Center Street in Lot 1, Block 7, NCB 592, to allow CPS to construct an electrical transformer and provide electrical service to the  Center. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

25. An authorizing the execution of a Second Amendment to the Lease Agreement with Centro Alameda, Inc., a Texas non-profit corporation, for the Centro de Artes Building, which will house the Museo Americano, to modify the Lease Agreement, increasing the number of  annual events from  15 to 25 for the City to use the Premises for special events and receptions, stipulating the amount of the monthly graduated Common Area Maintenance Fee for Market Square expenses, and providing that casualty and condemnation proceeds remain with the City if the lease is terminated, in consideration of an extension of the date by which the improvements must be completed. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager]

26. An authorizing the City Manager or her designee to execute a Delegate Agency Agreement with Centro Alameda, Inc., ("CAI"), a Texas non-profit corporation, providing up to $175,000.00 to match funds raised by CAI to be used for Museo Americano operating expenses; and providing for payment. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

27. An authorizing the execution of a Sales Contract with Abner Guajardo, Sole Proprietor, for the sale of 1.215 acres (approximately 52,925 square feet) of City owned property at the Southwest Business & Technology Park (formerly Van de Walle property) at a price of $43,621.39 per acre for a total purchase price of $53,000.00;  and authorizing the payment of $3,180.00 from the sales proceeds to Providence Commercial Real Estate Services, Inc./The Weitzman Group, Joint Venture, for the payment of the real estate broker's fees and $578.00 from such sales proceeds to First American Title Company for the purchase of a title insurance policy. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

28. An granting a perpetual Non-Exclusive Use Road Easement  to the United States of America over an improved 0.128 of an acre (5,578 square feet, more or less) portion of Old Austin Road located between Fort Sam Houston Army Base and Lots 18, 19 and 20, Block 3, NCB 6526, in exchange for the future conveyance of a portion of federal property that contains a portion of Public Right of Way, subject to the approval of the Secretary of the Army, as requested by the United States of America, acting through the Department of the Army; and authorizing the execution of said Easement and an Agreement in connection with such transaction. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

29. An authorizing the execution of a Consent to Assignment and Assumption of Lease Agreement (incorporating Estoppel Certificate) granting the City's consent to the assignment of the leasehold interest of HMC Retirement Properties, L.P., the current lessee, to Highland Hospitality, L.P.,  a Delaware Limited Partnership, to use the City of San Antonio-owned German-English school, located at 421 S. Alamo Street, and also consenting to a sublease from Highland Hospitality, L.P., to HHC TRS OP, L.L.C., its indirect wholly owned subsidiary, ("HHC Operating Lessee"), which will serve as the operating entity, in connection with a pending sale of Plaza San Antonio, a Marriott Hotel, the contiguous property, by HMC Retirement Properties, L.P., to Highland Hospitality, L.P. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

30. An   terminating an existing  License Agreement with Seven Seventeen HB San Antonio Corporation, approved by Ordinance No. 83636, on February 22, 1996, and granting a new License Agreement to MSPA Acquisition II, L.P., a Delaware limited partnership, for the continued use of the subsurface area of Soledad and Martin Streets Public Rights of Way for two (2) existing pedestrian tunnels which service the abutting Adam's Mark Hotel at 111 East Pecan Street and the Broadway National Bank Building and its parking garage at 425 Soledad Street, in NCBs 139 and 140, for a ten (10) year term and the total consideration of $30,176.00, contingent upon the closing of the purchase of the Adam's Mark Hotel, and  the Broadway National Bank Building along with its parking garage. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

Miscellaneous 

31. An approving the contingent assignment of a Tax Phase-In Agreement (previously approved on February 8, 1996, by Ordinance No. 83580) between the City of San Antonio and Seven Seventeen HB San Antonio Corporation, owner of the Adam's Mark Hotel and related property located at Soledad and Pecan streets, to the anticipated new owner of the hotel, MSPA Acquisition II, L.P. [Presented by Ramiro A. Cavazos, Director, Economic Development; J. Rolando Bono, Deputy City Manager] 

32. An authorizing the City Manager or her designee to submit two applications to the Texas Military Preparedness Commission, Office of the Governor, for $400,000.00 in state grant funds that are available through the State's Defense Economic Adjustment Assistance Grant (DEAAG) Program, to be used for utility infrastructure needs and renovation of facilities at KellyUSA and Brooks City-Base; authorizing the acceptance of the grant funds, if awarded; authorizing the execution of grant contracts with the State; authorizing the execution of subcontracts with the Greater Kelly Development Authority and the Brooks Development Authority for the execution of any approved DEAAG Projects. [Presented by Ramiro A. Cavazos, Director, Economic Development; J. Rolando Bono, Deputy City Manager] 

33. An authorizing the City Manager or her designee to execute a one-year renewal and extension contract with Morris & McDaniel, Inc., testing consultant, for the development of validated written promotional examinations for the positions of Police Detective Investigator, Police Sergeant, Police Lieutenant, and Police Captain; and the preparation of scenario-based promotional examinations for the positions of Police Lieutenant and Police Captain, San Antonio Police Department, for an annual amount of $186,840.00, for the development of the examinations, and an amount not to exceed $15,000.00 for expert testimony in the appeal process, should it become necessary, for a total annual contract amount of $201,840.00; appropriating funds; and providing for payment. [Presented by Frances A. Gonzalez, Assistant City Manager; Terry M. Brechtel, City Manager]  

34. An authorizing the acceptance and execution of a Vaccine Clinical Trial Agreement with Aventis Pasteur, Inc which will provide up to $143,250.00 for the period October 1, 2003 through September 30, 2005 for the San Antonio Metropolitan Health District to participate in a clinical trial study of PentacelTM , a vaccine that prevents five childhood diseases; establishing a fund; adopting the project budget; approving the personnel complement; and authorizing payments for contractual services. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

35. An authorizing the acceptance of up to $50,868.00 from SmithKline Beecham  Corporation d/b/a GlaxoSmithKline for the San Antonio Metropolitan Health District to participate during the period January 1, 2004 through December 31, 2005 in a follow-up vaccine study for the prevention of Human Papillomavirus Infection in women; authorizing the execution of an agreement; establishing a fund; adopting the project budget; approving the personnel complement; and approving payments for contractual services. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

36. An authorizing the acceptance of $232,350.00 from the Texas Department of Health to support the ongoing AIDS Prevention and Surveillance Program of the San Antonio Metropolitan Health District for the period January 1, 2004 through December 31, 2004; authorizing the execution of the contract change; adopting the program budget; approving the personnel complement; and authorizing payments for contractual services. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

37. An authorizing the acceptance of $55,022.00 from the Texas Department of Health to increase support for the ongoing AIDS Surveillance Program of the San Antonio Metropolitan Health District for the period January 1, 2003 through December 31, 2003; authorizing the execution of the contract change; and revising the program budget. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

38. An authorizing the acceptance of $89,292.00 from the Texas State Library and Archives Commission Fiscal Year 2004 Loan Star Libraries grant award, to be used to purchase furniture and display cases to enhance the children's areas in library locations throughout the city for the grant period September 1, 2003 through August 31, 2004. [Presented by Aubrey W. George, Acting Director, Library; Frances A. Gonzalez, Assistant City Manager] 

39. An authorizing the execution of a technology services agreement with Traverse Technologies, Inc. in an amount not to exceed $35,000.00 for the programming and installation of a Web-based Street Cut Permitting Application Software; providing for payment; and providing for an immediate effective date upon passage by eight votes. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

40. An amending a professional services contract and authorizing additional funds in the amount of $15,000.00 from the Parking Operating fund and the Community & Visitors Facilities  fund payable to Carter & Burgess, Inc. to provide additional services associated with the Downtown and Medical Center Parking and Traffic Modeling Study and the HemisFair Park Master Plan; revising the project budgets; appropriating funds; and providing for payment. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

41. An authorizing the execution of a professional services contract between the City of San Antonio and the Free Trade Alliance of San Antonio in the amount of $150,000.00 for Fiscal Year 2003-2004. [Presented by Elizabeth Costello, Director, International Affairs; J. Rolando Bono, Deputy City Manager] 

42. An authorizing payment in the amount of $8,187.37 to City Public Service for the installation of permanent electrical service in connection with the Carver Community Cultural Center Building Repairs Community Development Block Grant (CDBG) Project, located in Council District 2; appropriating funds; and providing for payment. [Presented by Jelynne LeBlanc Burley, Assistant City Manager; Terry M. Brechtel, City Manager] 

43. An authorizing the transfer of interest income in the amount of $42,302.84 from the Carver Cultural Center Endowment Fund to the Carver Community Cultural Center Trust Fund to support the operations of the Carver Community Cultural Center, located in Council District 2. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

44. An authorizing the submission of a grant application by the City of San Antonio's Department of Community Initiatives to the Office of the Governor, Criminal Justice Division, for the Juvenile Justice Delinquency Prevention Grant in the amount of $106,991.00 to support the Teen Court Program from  September 1, 2004 to August 31, 2005. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

45. Consideration of the following Ordinances: [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

A.     An authorizing the submission of a continuation grant application by Department of Community Initiatives to the Office of the Governor, Criminal Justice Division, for the Juvenile Accountability Block Grant in the amount of $345,848.00 to support the continuation of the Neighborhood Conferencing Committees and Striving Together to Achieve Rewarding Tomorrows Programs from August  1, 2004 to July 31, 2005.  

B.     An authorizing the submission of a grant application by the Department of Community Initiatives to the Office of the Governor, Criminal Justice Division, for the Safe & Drug Free Schools Grant in the amount of $197,209.00 to support the Striving Together to Achieve Rewarding Tomorrows Program from September 1, 2004 to August 31, 2005 in three additional schools in the San Antonio Independent School District.  

46. Consideration of the following Ordinances: [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

A.     An ratifying the submission of a grant application and authorizing the acceptance of a grant award in the amount of $39,176.00 from the U.S. Department of Housing and Urban Development for the Fair Housing Program of the Department of Community Initiatives for the period October 1, 2003 to September 30, 2004; authorizing the execution of a contract; establishing a fund; and approving a budget and personnel complement.  

B.     An ratifying the submission of a grant application and authorizing the acceptance of a grant award in the amount of $76,937.00 from the U.S. Department of Housing and Urban Development for the Housing Counseling Program of the Department of Community Initiatives, Community Action Division, Fair Housing Program,  for the period October 1, 2003 to September 30, 2004; authorizing the execution of a contract; establishing a fund; and approving a budget and personnel complement.  

47. An authorizing the City Manager or her designee to purchase a layered insurance program for Commercial Property Insurance, including Boiler and Machinery Coverage, for City-owned and leased buildings, contents, and equipment with Allianz Insurance Company and RSUI Indemnity Company through McGriff, Seibels & Williams of Texas, Inc., the City's Broker of Record, for the period December 31, 2003 through December 31, 2004, at a total combined cost of $1,373,413.00. [Presented by Lou Lendman, Director, Management and Budget; Erik J. Walsh, Assistant to the City Manager] 

48. An authorizing the City Manager or her designee to purchase Excess Liability and Excess Workers' Compensation Insurance, as a package policy, for the City of San Antonio from State National Insurance Company, through McGriff, Seibels & Williams of Texas, Inc., the City's Broker of Record, for the period December 31, 2003 through December 31, 2004, at an annual premium of $630,000.00. [Presented by Lou Lendman, Director, Management and Budget; Erik J. Walsh, Assistant to the City Manager]

49. An authorizing the acceptance of a $50,000.00 grant by the San Antonio Housing Trust Foundation, Inc. from the Fannie Mae Foundation to support homebuyer counseling activities; authorizing the execution of a contract with the San Antonio Housing Trust Foundation, Inc., in the amount of $25,000.00 to support the Neighborhood Action Department's Homebuyers Club Program; and authorizing the execution of any and all documents and agreements in connection therewith. [Presented by David Garza, Director, Neighborhood Action; Jelynne LeBlanc Burley, Assistant City Manager] 

50. An ratifying the submission of an application to the U.S. Environmental Protection Agency for a Brownsfields Petroleum Assessment Grant in an amount of $200,000.00 for the purpose of obtaining Environmental Site Assessments in connection with the Neighborhood Action Department's Neighborhood Commercial Revitalization Program; and authorizing the execution of any and all documents in connection therewith. [Presented by David Garza, Director, Neighborhood Action; Jelynne LeBlanc Burley, Assistant City Manager] 

51. An approving an extension of Line-of-Duty (LOD) leave for Fire Apparatus Operator Mario Montemayor that will restore one thousand, three hundred and sixty-seven (1,367) hours, or fifty seven (57) shifts, of the personal sick and annual leave he used from March 26, 2003 to December 18, 2003, and allowing the Fire Department to consider this period LOD leave. [Presented by Robert Ojeda, Fire Chief; Christopher J. Brady, Assistant City Manager] 

52. An accepting the bid from Express Video, Inc. in the amount of $116,011.00 for the purchase of 273 gambling devices (eight liners), seized as a result of criminal investigations in San Antonio and subsequently forfeited by orders of the courts; and authorizing payment in the amount of $30,815.79 to the Bexar County District Attorney's Office. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager] 

53. An authorizing the acceptance of a $319,924.00 allocation from the Bexar Metro 911 Network District for Fiscal Year 2003-2004 for funding of five (5) temporary call taker positions, communication equipment maintenance, equipment purchases, and training. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager] 

54. An authorizing the submission of a grant application in the amount of $80,000.00 to the Office of the Governor, Criminal Justice Division, which, if awarded, will be used to fund the ninth year of the administration and coordination efforts of the Crisis Assistance Team Administration of the Victims Advocacy Section; and authorizing an In-Kind Match of $19,260.00 and a General Fund match of $7,401.00. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager] 

55. An ratifying the submission of a grant application in the amount of $68,635.00 to the Office of the Governor, Criminal Justice Division, which, if awarded, will fund the third year of Project EASE (Educate, Assess, Serve and Empower) of the Victims Advocacy Section; and authorizing a match $17,159.00. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager] 

56. An authorizing the submission of a grant application in the amount of $500,000.00 for the fourth year of the Texas Department of Transportation DWI Selective Traffic Enforcement Program, which, if awarded, will continue the funding of an overtime program for DWI enforcement for the grant period October 1, 2004 to September 30, 2005; authorizing an In-Kind match of $39,440.00 and a General Fund match of $16,116.00. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager] 

57. An establishing a fee of $25.00 for Certification of Weapons Proficiency for retired police officers conducted at the San Antonio Police Department Training Academy Firing Range; establishing a fee of $50.00 per hour for Park Police, Airport Police and Code Compliance Abatement Officers to use the firing range after daytime hours; and establishing a fee of $75.00 per session for all other law enforcement entities during daytime hours or $100.00 per session after hours or on weekends, plus an additional $50.00 per hour overtime, for use of the Training Academy Firing Range. [Presented by Albert A. Ortiz, Police Chief; Christopher J. Brady, Assistant City Manager] 

58. An ratifying the submission of a grant application in the amount of $185,222.00 by the City Attorney's Office to the Office of the Governor, Criminal Justice Division, under the Violence Against Women Act for the Early Intervention for Women Living in Domestic Violence Program, for the period September 1, 2004 through August 31, 2005. [Presented by Andrew Martin, City Attorney; Terry M. Brechtel, City Manager] 

59. An authorizing City Manager or her designee to execute an extension agreement and second amendment to the licensed user agreement with Ticketmaster, L.L.C. for ticketing services at the Alamodome, Municipal Auditorium and Lila Cockrell Theatre in order to exercise a two-year renewal option of the agreement, authorized by Ordinance No. 89413, passed on March 11, 1999, for a term beginning on January 1, 2004 and ending on December 31, 2005, and to amend the terms and conditions of the agreement by eliminating charges payable by the City, adjusting the royalty schedule payable to the City, and providing for an additional three-year renewal option, subject to City Council approval. [Presented by Michael Abington, Director, Alamodome; Roland A. Lozano, Assistant to the City Manager]

Board, Commissions and Committee Appointments.  

60. Consideration of the following board appointments: [Presented by Yolanda Ledesma, Acting City Clerk; Erik J. Walsh, Assistant to the City Manager]  

A.     An reappointing Woodruff Halsey (Patron Category - District 8) to the Arts and Cultural Advisory Committee for a term of office to expire on November 15, 2005.  

B.     An appointing Dr. Harold Lee Timboe (Technology/Research Category - District 4) to the Brooks Development Authority for a term of office to expire on November 4, 2005.  

C.     An appointing Judge Andy Mireles (District 7) to the Commission for Children and Families for a term of office to expire on June 27, 2005.  

D.    An appointing Paul H. Davis (District 3) and reappointing Wayne S. Alexander (District 9) to the Greater Kelly Development Authority for a term of office to expire on November 30, 2005. 

E.     An appointing Xavier E. Gonzalez (Business Category - District 8) to the Historic Design and Review Commission for a term of office to expire on October 31, 2004.  

F.      An reappointing Eddie De La Garza (District 7) to the Housing Trust Fund Board of Trustees for terms of office to expire on May 30, 2005.  

G.    An appointing Lorita C. Daniels (District 8) to Keep San Antonio Beautiful, Inc. for a term of office to expire on December 22, 2005.  

H.    An appointing Marlin Sawyer (Mayor) to the Open Space Advisory Board for a term of office to expire on August 29, 2005.

I.        An appointing George L. Britton, Jr. (District 4) to the City of San Antonio, Texas Education Facilities Corporation for a term of office to expire on December 15, 2005.  

J.       An appointing Roger Enriquez (District 5) and Darryl Lyons (Mayor) and reappointing Fred A. Rangel (District 7) as Trustees to the South Texas Business Fund formerly the San Antonio Local Development Company for terms of office to expire on May 9, 2006.  

K.    An appointing Dr. Morris Stribling (District 8) to the Zoning Commission for a term of office to expire on June 30, 2004.  

ITEMS FOR INDIVIDUAL CONSIDERATION 

61. Staff briefing on the current status of Transportation Issues in San Antonio. [Presented by Thomas G. Wendorf, Director, Public Works; Melissa Byrne Vossmer, Assistant City Manager] 

62. An authorizing the execution of an Amended and Restated Funding Contract with Guadalupe Cultural Arts Center, modifying a Funding Agreement approved by Ordinance No. 91178 on January 27, 2000, which previous ordinance provided Guadalupe Cultural Arts Center $1,500,000.00 in 1994 and 1999 General Obligation Bond funds,  to reflect the proposed changes to the Center's original   plan  from construction of an Arts Education Center on Guadalupe Street to a two-phased project plan, called the "Guadalupe Cultural Arts Centers School of Latino Arts and Culture Campus - Educational Facilities ,"  that includes 1) the renovation of a facility at 701 S. Brazos, to be known as the "Visual and Media Arts School and Gallery," and 2) the construction of a second facility contiguous to the Guadalupe Theater, to be known as the "School for Performing Arts;" and authorizing the execution of a recordable Memorandum of the  Amended and Restated Funding Contract in connection with such changes. [Presented by Rebecca Waldman, Director, Asset Management; Erik J. Walsh, Assistant to the City Manager] 

63. An establishing a one-time fee in the amount of $50.00 for inspections to determine compliance with certain provisions of Ordinance Nos. 97895 and 97990, passed on August 7, 2003 and August 14, 2003, respectively, by restaurants that have enclosed bar areas, enclosed dining areas, or outdoor seating areas which are designated as smoking areas; and amending Chapter 13 of the City Code to include such fee. [Presented by Dr. Fernando A. Guerra, Director, Health; Frances A. Gonzalez, Assistant City Manager] 

64. An appointing six part-time Municipal Court Judges to two year terms, as recommended by the Municipal Court Subcommittee of the Quality of Life Committee. [Presented by Andrew Martin, City Attorney; Terry M. Brechtel, City Manager] 

65. An amending Chapter 20 of the City Code of San Antonio, relating to terms of Municipal Court Judges, as recommended by the Municipal Court Subcommittee of the Quality of Life Committee. [Presented by Andrew Martin, City Attorney, Terry M. Brechtel, City Manager] 

66. An amending Chapter 2-62 of the City Code of San Antonio, relating to lobbying and registration activities on municipal questions concerning planning and zoning decisions. [Presented by Andrew Martin, City Attorney, Terry M. Brechtel, City Manager] 

67. An accepting the recommendation of the Ethics Review Board to find William C. Smith in violation of the City of San Antonio Ethics Code, Part B, Section 3(a)(2) and to require him to attend a course in Continuing Ethics Education offered by the City Attorney's Office. [Introduced by Andrew Martin, City Attorney; Presented by Arthur Downey, Jr., Chairman of the Ethics Review Board] 

68. An accepting the recommendation of the Ethics Review Board to find Alan Boozikee in violation of the City of San Antonio Ethics Code, Part B, Section 3(a)(1)and(2) and to require him to attend a course in Continuing Ethics Education offered by the City Attorney's Office and pay $100.00 sanction. [Introduced by Andrew Martin, City Attorney; Presented by Benjamin F. Youngblood, III, Vice-Chairman of the Ethics Review Board] 

69.  A amending Resolution No. 2000-44-41, approved on December 14, 2000 by: 1) increasing the maximum amount that the Greater Kelly Development Authority (GKDA) can borrow from $65.9 million to $124.6 million; 2) expanding the authorized categories of debt instruments to include bonds approved by City Council and other debt instruments as approved by the GKDA Board of Directors, such as bank loans and institutional loans; and 3) clarifying Section III(E)(2) of the HUD Section 108 Commitment Letter and Loan Agreement between the City of San Antonio and GKDA to allow for the pledging of GKDA assets without City approval provided such assets are not collaterized under any prior agreements with the City. [Presented by Ramiro A. Cavazos, Director, Economic Development; J. Rolando Bono, Deputy City Manager] 

70. An amending the City of San Antonio, Texas Guidelines and Criteria for Tax Increment Financing (TIF) and Reinvestment Zones as amended and approved by Ordinance No. 96621 on October 24, 2002. [Presented by David Garza, Director, Neighborhood Action; Jelynne LeBlanc Burley, Assistant City Manager] 

71.  An adopting revised Tax Phase-In Guidelines for the City of San Antonio developed by the Joint City of San Antonio and Bexar County Task Force. [Presented by Ramiro A. Cavazos, Director, Economic Development; J. Rolando Bono, Deputy City Manager] 

72. An selecting the San Antonio Parks Foundation to operate the City's Market Square Fiesta event on an interim basis from April 16, 2004 through April 25, 2004 and authorizing the negotiation and execution of a contract to accomplish that purpose. [Presented by Malcolm Matthews, Director, Parks and Recreation; Christopher J. Brady, Assistant City Manager] 

73. An authorizing payment in the amount of $3,701,297.40 to Ticor Title Company as escrow agent for the fee simple purchase of three parcels totaling 286.906 acres and a transfer of an additional forty (40) acres of land at no cost with all parcels located in Bexar County, Texas, under the auspices of the Proposition Three Edwards Land Acquisition and Park Expansion Project; authorizing payment in the amount of $37,010.87 to The Bexar Land Trust for services in negotiating, investigating and purchasing said property; authorizing the execution of a real estate purchase contract; and providing for an immediate effective date upon passage by eight votes. [Presented by Susan Spegar, Special Project Manager; Christopher J. Brady, Assistant City Manager]

_______________________________________________________________________________ 

74. 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: [Presented by Christopher J. Brady, Assistant City Manager; Terry M. Brechtel, City Manager] 

A.     A of intent by the City of San Antonio, Texas, Starbright Industrial Development Corporation to issue limited obligation revenue bonds and/or notes and loan the proceeds thereof to one or more affiliates to finance solid waste disposal and recycling and industrial sewage facilities to be acquired, constructed and operated in connection with a proposed vehicle manufacturing facility in the City. 

B.     Adjourn.

__________________________________________________________________________________             

Reconvene the meeting of the City of San Antonio City Council to consider the following: 

75. An approving the selection of a Senior Financial Underwriter for the evaluation and potential partial financing or financing of the Convention Center Headquarters Hotel. [Presented by Milo D. Nitschke, Director, Finance; Melissa Byrne Vossmer, Assistant City Manager] 

76.  An accepting the best value bid of Chartwell Community Services, Inc. to provide in-home personal assistance services in support of the City Homemaker Program in an amount not to exceed $400,000.00; authorizing up to two additional one-year renewals, subject to appropriation; and amending Ordinance No. 98181 to revise the program budget. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager]  

77. An authorizing the execution of one-time delegate agency contracts for the provision of hunger prevention and supportive services to the homeless for the following agencies: San Antonio Food Bank - $134,671.00; Catholic Charities, Archdiocese of San Antonio, Inc. - $20,000.00; Corazon Ministries, Inc. - $182,852.00; Christian Assistance Ministry - $49,100.00; Hispanic Religious Partnership for Community Health Inc. for $28,212.00; and San Antonio Metropolitan Ministry, Inc. - $93,925.00, for the period beginning January 1, 2004 and ending December 31, 2004; and encumbering funds in connection with the administration of said delegate agency contracts. [Presented by Dennis J. Campa, Director, Community Initiatives; Frances A. Gonzalez, Assistant City Manager] 

78.  Ratification of for Councilman Christopher "Chip" Haass, District 10, who attended the National League of Cities Conference in Nashville, Tennessee from December 10, 2003 through December 13, 2003.  

79. City Manager's Report. 

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

A.     Discuss legal issues related to Vernest Dotson, et al, v. City of San Antonio, et al, Civil Action No. SA03CA0206FB, pursuant to Texas Government Code Section 551.071 (consultation with attorney). 

B.     Discuss legal issues relating to a settlement proposal on a claim filed by Diane MacKeil, pursuant to Texas Government Code Section 551.071 (consultation with attorney).  

C.     Discuss legal issues relating to Matthew J. Jackson, et al, and other Similarly Situated Persons vs. City of San Antonio, Cause No. 2002-CI-18233, 408th Judicial District Court, Bexar County, Texas, pursuant to Texas Government Code Section 551.071 (consultation with attorney).